HomeMy WebLinkAboutORD 1989-081 1988-1992COUNTY OF HAWAII ,VSTATE OF HAWAII
Bill No.
ORDINANCE NO.
• •
AN ORDINANCE AMENDING SECTION 25 -95C (HAWI- KAPAAU DISTRICTS
ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS -15) TO SINGLE FAMILY RESIDENTIAL
(RS -10) AT HUALUA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY
5 -5- 11:35.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -95C, 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 Hualua, North Kohala, Hawaii, shall be Single
Family Residential (RS -10):
Beginning at the Southwesterly corner of this parcel of
land, being also the Southeasterly corner of Lot 5, and
the Northeasterly corner of Lot 6 and the Northwesterl%
corner of Lot 4, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU O NALE ", being 13,233.60 feet North and
1,329.66 feet East and running by azimuths measured
clockwise from True South:
1.
1730
30'
163.45
feet along lot 5 to a
point;
2.
2630
30'
266.50
feet along Lots 2 -B and
2 -A to a point;
3.
3530
30'
163.45
feet along the Wescerly
side of Hualua Road to a
point;
4.
830
30'
266.50
feet along Lot 4 to the
point of beginning and
containing an area of
1.000 Acre.
85
All as shown on the map attached hereto, 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 be responsible for complying with all of the
stated conditions of approval; (B) Subdivision plans shall be
submitted to the Planning Department 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 tentative subdivision approval; (C) A five -foot road
widening strip within the subject property along the Hualua
Road frontage shall be delineated on the plans submitted for
subdivision. No structural improvements shall be allowed
within this road widening strip. Further, applicable setbacks
shall be taken from the five -foot future road widening strip
line; (D) A drainage system shall be installed in accordance
with the requirements of the Department of Public Works;
(E) All applicable County and State laws, rules, regulations
and requirements shall be complied with; (F) 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; (G) The lots
created by this application shall be restricted to one
-2-
single - family residence. No ohana dwellings shall be applied
for or granted; (H) An annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of the effective date of 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, (I) 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 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; 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
-3
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 the 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:
COU CIL ME ER, C UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Mav
17,
1989
Date of 1st Reading:
Mav
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 (HAYVI- KAPAAU ZONE
MAP) ARTICLE 3, CHAPTER �S (ZONING COpc) OF
THE HAWAII COUNTY CODE, BY CHANGING THC
DISTRICT CI.._ASSIFICATION FROM SINGLE FAMILY
RE5117ENTIAL (IQS -IS) TO SINGLE FAMILY IQC51-
DENTIAL (RS -lo) AT HUALUAr NORTH KOHALA,
HAWAII.
1°1'Q7= PATFEP BY - PL- ANNINIS t7EPARTMENT
CouNTY OF HAWAII
MIC- 5- 5 -11 =35
EXHIBIT "A 11
,JAN. ?�I, 18.°9