HomeMy WebLinkAboutORD 1989-076 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 29
(Draft 3)
ORDINANCE NO. big 76
AN ORDINANCE AMENDING SECTION 25 -90 (KAILUA- HONALO URBAN ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL (RS -10) TO VILLAGE COMMERCIAL (CV -7.5) AT
HONUAINO 3RD, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY
7 -9- 07:53.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -90, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Honuaino 3rd, North Kona, Hawaii, shall be
Village Commercial (CV -7.5):
Beginning at a spike in concrete at the southeast corner
of this parcel of land, and on the southwesterly side of
60 foot Government Belt Road, the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "PUU 0 HAU" being 6,414.55 feet
North and 9,735.69 feet East, thence running by azimuths
measured clockwise from True South:
1. 740 16' 45" 242.04 feet along remainder of
"Ako Lot" along remainder
of Grant 1462 to
S. W. Makaike, to a pipe
in concrete;
2. 165" 44 90.78 feet along portion of
Lot A, along remainder of
Grant 1462 to
S. W. Makaike, to a pipe
in concrete;
LA /TN
3. 2540- 05' 225.83 feet along K. Iwashita's
Lot, along remainder of
Grant 1462 to
S. W. Makaike, to a pipe
in concrete;
Thence along 60 foot Government Belt Road on a
5,699.65 foot radius curve to the right, the chord
azimuth and distance to the point of beginning being:
4. 3350 38' 08.7" 92.58 feet and containing an
area of 0.49 Acres.
All as shown on the map attached hereon, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) The applicant, successors
or assigns shall comply with all of the stated conditions of
approval; (B) Subdivision plans shall be submitted within one
year from the effective date of the change of zone. Final
subdivision approval shall be secured within one year from the
date of receipt of final subdivision approval; (C) Final plan
approval for the proposed development shall be secured within
one year from the effective date of the change of zone. To
assure adequate time for plan approval review and in accordance
with Chapter 25 -244 (Zoning Code), plans shall be submitted a
minimum forty -five days prior to the date by which plan
approval must be secured; (D) Construction of the proposed
office shall commence within one year from the date of receipt
of Final Plan Approval and be completed within two years
thereafter; (E) Access(es) to the property shall be in
-2-
accordance with the requirements of the Department of Public
Works; (F) Curbs, gutters, sidewalks, and pavement improvements
shall be installed along the frontage of the property meeting
with the approval of the Department of Public Works prior to
receipt of an occupancy permit; (G) All other applicable laws,
rules, regulations and requirements be complied with, including
those of the Department of Water Supply; (H) Should the council
adopt a Unified Impact Fees ordinance setting forth criteria
for the imposition of exactions or the assessment of impact
fees, conditions included herein may, at the developer's
election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance; (I) An
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the effective date of
the zone change. The report shall address the status of the
development and the compliance with the conditions of
approval. This condition shall remain in effect until all of
the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required; and, (J) An initial extension of time for the
performance of conditions within the ordinance may be granted
by the Planning Director upon the following circumstances:
1) the non - performance is the result of conditions that could
not have been foreseen or are beyond the control of the
applicants, successors or assigns, and that are not the result
-3-
of their fault'or negligence; 2) granting of the time extension
would not be contrary to the general plan or zoning code;
3) granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone; and
4) the time extension granted shall be for a period not to
exceed the period originally granted for performance (i.e., a
condition to be performed within one year may be extended for
up to one additional year); and 5) if the applicant should
require an additional extension of time, the Planning Director
shall submit the applicant's request to the County Council for
appropriate action. Further, should any of the conditions not
be met or substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its original or
more appropriate designation..
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
.007406"""
CO CIL MEMBERI COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
May
17,
1989
Date of 1st Reading:
May
17,
1989
Date of 2nd Reading:
June
7,
1989
Effective Date:
June
13,
1989
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 1.26 -2>O (KAIL.UA- HONALO
URBAN ZONE MAI°) ARTICLE la, CHAPTER '25
(ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING TH1_ DISTRICT CLASSIFICATION
FROM SINGLE 1 =AMILY RESIDfmNTIAL TO
VILLAGE COMMERCIAL (GV -7 -3) AT HONUAINO
3RT>, NORTH KO"^., HAWAII.
pRCPARC —o BY 1°LANNING t7ERARTMENT
�ou1vTY of 1.1AWAl1
ITMK Nov- 17 12>8s
EXHIBIT °A°