HomeMy WebLinkAboutORD 1989-106 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 107
(Draft 2)
ORDINANCE NO. 89 106
AN ORDINANCE AMENDING SECTION 25 -95F (KAWAIHAE -PUAKO ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO SINGLE FAMILY
RESIDENTIAL (RS -20) AT LALAMILO, SOUTH KOHALA, HAWAII, COVERED BY
TAX MAP KEY 6- 6- 02 :19.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -95F, 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 Lalamilo, South Kohala, Hawaii shall be Single
Family Residential (RS -20):
Beginning at a point at the south corner of this parcel of
land, being also the easterly corner of Lot 4, Land Court
Application 1618 and running by azimuths measured
clockwise from True South:
1.
1050
43'
199.95
feet along Lot 4, Land
Court Application 1618 to
a point at the easterly
side of a Government Road
Reserve;
2.
1950
43'
40.46
feet along the easterly
side of a Government Road
Reserve;
3.
2520
11'
97.65
feet along the
southeasterly side of a
Government Road Reserve;
4.
2210
02'
179.67
feet along the
southeasterly side of a
Government Road Reserve;
LA /TN
5. 297 10' 81.25 feet along Lot 5 - B, Land
Court Application 1618;
6. 270 10' 191.01 feet along the Government
Land of Lalamilo;
7. 150 43' 53.48 feet along the Government
Land of Lalamilo to the
point of beginning and
containing an area of
33,213 Square Feet.
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 applicants, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) A single - family residence
shall be constructed on the property within three years from
the effective date of the zone change; (C) All other applicable
laws, rules, regulations and requirements, including those of
the Planning Commission relating to Special Management Area
(SMA) and the Department of Public Works shall be complied
with; (D) 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; (E) 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
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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, (F) 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; 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.
-3-
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.
-4-
INTRODUCED BY:
CO
NCIL ME
B R, C NTY OF rAWAII
Hilo,
Hawaii
Date
of Introduction:
June
21,
1989
Date
of 1st Reading:
June
21,
1989
Date
of 2nd Reading:
July
19,
1989
Effective
Date:
July
25,
1989
-4-
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AMENDMENT TO THE ZONING CODE
AMCNOING SECTION 25 -O,S F (KAWAIHAE -PUAKO
ZONE MAP) ARTICLE 3, CHAPTER ZS (ZONING
CODE OF THE HAWAII COUNTY CODE, OY CHAN6-
ING THE DISTRICT CLASSIFICATION FROM
OPEN (0) 'TL's 31NGL.E FAMILY RESIDENTIAL-
(MS-20) AT LAt-P MII. -O, SOUTH KOHAI-A, HAWAII.
PREPARED BY : PLANNINt5 DEPARTMENT
courvT( of HAwAl1
6- 0 -02- - M.
EXHIBIT "A"
APRIL 101 19@9