HomeMy WebLinkAboutORD 1989-154 1988-1992COUNTY OF HAWAII; --,. ""`:.STATE OF HAWAII
Bill No.
ORDINANCE NO. 89 154
161
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
RESIDENTIAL- AGRICULTURAL (RA -.5a) TO SINGLE FAMILY RESIDENTIAL
(RS -15) AT HOLUALOA 4TH, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7 -7 -03:40 (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 Holualoa 4th, North Kona, Hawaii, shall be
Single Family Residential (RS -15):
Beginning at the Southerly point of this parcel of land
between Lots 24 and G, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KAHELO" being 5277.54 feet South and 9975.78 feet
East and running clockwise from True South:
1. 1880 35' 30" 34.24 feet along stone wall, along
Lot 24 to a pipe in concrete;
2. 2900 42' 00" 45.65 feet along stone wall along
the remainder of Lot A to a
pipe in concrete;
3. 690 40' 00" 51.00 feet along Lot G to the point
of beginning and containing an
area of 764 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 applicant, successors,
or assigns shall be responsible for complying with all the
stated conditions of approval; (B) Consolidation /resubdivision
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
tentative subdivision approval; (C) Comply with all other
applicable laws, rules, regulations, and requirements;
(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 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
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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 shall 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.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
s
TCNCIL MEMBER, C UNTY HAWAII
Hilo, Hawaii
Date of Introduction:
November
15,
1989
Date of 1st Reading:
November
15,
1989
Date of 2nd Reading:
December
5,
1989
Effective Date:
December
11,
1989
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AMENDMENT TO TI HE ZONING CODE
AMENDING SECTION -.S -DO (KAILUA- HONALO ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAinlA11 COUNT7/ CODE, B7' CHANGING THE DISTRICT
CLASSIFICATION FROM TiCS1DENTIAL- AGR1cuLTURAL
TO SINGI_C FAMIL7/ 12CSIDENTIAL (RS -1S)
AT HOLUALC)A 4TH, NOI?TH KONA, HAWAII.
I°REpARC -p BY =PLANKING pE PART M ENT
COUNTY of HAWAII
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