HomeMy WebLinkAboutORD 1989-112 1988-1992COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 116
(Draft 3)
ORDINANCE NO. 89 112
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 -07:30 (PORTION).
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 point at the northeast corner of this
parcel of land, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"PUU OHAU" being 6,721.42 feet North and 9,596.48 feet
East, thence running by azimuths measured clockwise from
True South:
1.
Following
along the westerly side of Mamalahoa Highway,
along a curve to the right
with a radius of 5,699.65
feet, the chord azimuth and
distance being:
3330 56' 31.5" 244.36 feet;
2.
740 05'
225.83 feet along the remainder of
Grant 1462 to S. W. Makaike;
3.
720 36'
32.00 feet along remainder of Grant
1462 to S. W. Makaike;
4.
1600 45'
95.03 feet along the remainder of
Lot 2 -A (Revised);
LA /HT
5.
1930
30'
76.13
feet along the
remainder of
Lot 2 -A (Revised);
6.
2420
00'
90.00
feet along Lot
2 -B
(Revised);
7.
1520
00'
40.12
feet along Lot
2 -B
(Revised);
8.
2420
00'
105.66
feet along Lot
2 -B
(Revised)
to the point of
beginning and
containing an area
of 46,882
square feet.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) That the applicant,
successors, or assigns shall comply with all of the stated
conditions of approval; (B) Subdivision plans shall be 0
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 tentative subdivision
approval; (C) Final plan approval for the conversion of the
existing buildings for office and storage uses shall be
submitted 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 45 days prior to the date by
which plan approval must be secured; (D) The proposed office
and storage uses shall be established within one year from the
date of receipt of Final Plan Approval; (E) Access(es) to the
property shall be in accordance with the requirements of the
-2-
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) A
drainage system shall be installed in accordance with the
requirements of the Department of Public Works; (H) All other
applicable laws, rules, regulations, and requirements be
complied with including those of the Department of Water
Supply; (I) 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; (J) 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, (K) 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
-3-
the control of the applicants, successors or assigns, and that
are not the result of t'-eir 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 shall initiate rezoning of the
area to its original or -gore appropriate designation.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, suc7. invalidity shall not affect the other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
T UN CIL MEM ER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 19, 1989
Date of 1st Reading: July 19, 1989
Date of 2nd Reading: August 16, 1989
Effective Date: august 24, 1989
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AMENDMENT TO THE ZONING CODE
^MENDING SECTION -.5 -9>0 (KAILUA - HON^L -O
UR19^N ZONE M^P) ARTICL7= 3, CHAPTER �25
(ZONING CODE) OF THE HAWAII COUNTY CCDE,
BY CHANGING T-H>= DISTRICT CLASSiPICAT1oN
FROM SINGLE FAMILY RES1dENTlAL (IQS -10) TO
VILLAGE COMMC- R(=IAL (CV -75) AT HONUAINO
3RD, NO%2TH KONA, HAWAII -
F'RC- 1°ARCD G`f ° I°LANNING DEPARTMENT
cou"j -y of HANIAII
j M1C = 7 -9 -07:90 (PORT1oNj MA7 16, IgB03
EXHIBIT 11A°