HomeMy WebLinkAboutORD 2005-115 2004-2006 MfV y~
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 32
Draft 3
ORDINANCE NO. ~5 115
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES
(A-Sa) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA`AIKI 1sT AND
PUAPUA`ANUI ls~. NORTH KONA, HAWAI'1, COVERED BY TAX MAP KEY 7-5-1J:1.
[3h: IT ORDAINED RY TI iE COUNCIL OF THE COUN'T'Y OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, 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 Puapua`aiki 1'` and
Puapua`anui 1", North Kona, Flawai`i shall be Neighborhood Commercial (CN-20):
Teginning at the Northwesterly corner oCthis parcel of land, being also along Lot 1, same
being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to
Kamaikui, the coordinates of said point of beginning referred to Government Survey
'T'riangulation Station "KAHELO", being 792.90 North and 3,701.58 East and running by
azimuths measured clockwise from True South:
l . 252° 15' S0" 2539 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B. Apana 3 to
Kamaikui;
2. 247° 49' 30" 51.21 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, [,and
Commission Award 8516-B, Apana 3 to
Kamaikui:
3. 257° 53' 30" 70.98 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
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4. 259° 17' 10" 52.07 feet along the middle of an ancient
stonewall, being also along Lot I, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui:
5. 253° 38' 40" 70.53 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
6. 257° 47' 15" 34.22 feet along the middle of an ancient
stonewall, being also along Lot ],same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
7. 240° 35' 40" 69.30 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
8. 249° 07' 20" 38.23 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
9. 252° 23' S0" 80.60 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent ] 669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
10. 262° 55' S0" 18.49 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
11. 250° 14' 10" 39.46 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
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12. 260° 20' 00" 55.26 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
13. 247° 18' 30" 25.50 feet along the middle of an ancient
stonewall. being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
14. 259° 48' 15" 24.04 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
15. 241 ° 02' 45" 13.13 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
16. 334° I1' 1 Y' 1381.91 feet along Lot 1 of Pualani Makai, being
also along the remainders of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams and Royal Patent
7819, Land Commission Award 8559-B,
Apana 8 to William C. Lunalilo, (Certificate
of Boundaries No. 159);
17. 244° 11' 11" 100.00 feet along Lot 1 of Pualani Makai, being
also along the remainder of Royal Patent
7819, Land Commission Award 8559-B,
Apana 8 to William C. Lunalilo, (Certificate
of Boundaries No. 159) and along the
Westerly side of Hawaii Belt Road (F.A.P.
No. 11 A-03-69):
18. 334° 11' 11" 425.10 feet along the Westerly side of Hawaii Belt
Road (F.A.P. No. 11 A-03-69);
19. 49° 30' 40" 36.94 fect along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
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20. 64° 16' 30" 30.78 feet along the middle of an old stonewall,
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
21. 76° 57' 00" 33.90 leet along the middle of an old stonewall.
being also along of Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
22. 78° 13' 40" 9523 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
23. 58° 19' 30" 3820 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
24. 66° 28' 10" 25.69 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
25. 58° 20' 15" 12.14 feet along the middle of an old stonewall,
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
26. 148° 23' 30" 259.96 teet along Lot 1 (Tank Site), being also
along the remainder of Royal Patent 7819,
Land Commission Award 8859-B, Apana 8
to William C Lunalilo (Certitcate of
Boundaries 159);
27. 58° 23' 30" 56.33 feet along Lot ] ('l'ank Site), being also
along the remainder of Royal Patent 7819,
Land Commission Award 8859-B, Apana 8
to William C. Lunalilo (Certificate of
Boundaries 159);
28. 154° Ll' 11" 369.99 feet along Lot 3 of Pualani Makai, being
also along the remainder of Royal Patent
7819, Land Commission Award 8859-B,
Apana 8 to William C. Lunalilo (Certificate
of Boundaries 159);
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29. 64° 11' 1 P' 75.00 feet along Lot 3 of Pualani Makai, being
also along the remainder of Royal Patent
7819, Land Commission Award 8859-B,
Apana 8 to William C. Lunalilo (Certificate
of Boundaries 159);
30. 154° I l' 1 P' 416.00 feet along Lots 3 and 5 oCPualani Makai,
being also along the remainders of Royal
Patent 7819, Land Commission Award
8559-B, Apana 8 to William C. Lunalilo,
(Certificate of Boundaries No. 159) and
Royal Patent 6716, Land Commission
Award 4887, Apana 2 to Thomas Sams;
31. 244° 1 1' 11" 285.00 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, land Commission Award 4887,
Apana 2 to Thomas Sams;
32. 154° 11' 11" 98.00 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
33. 64° 11' 11" 123.00 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, land Commission Award 4887,
Apana 2 to Thomas Sams;
Thence, along Lot 5 of Pualani Makai, being also along the remainder of Royal
Patent 6716, Land Commission Award
4887, Apana 2 to Thomas Sams on a curve
to the right with a radius of 56.00 feet, the
chord azimuth and distance being:
34. 94° 15' 20.5" 56.12 feet;
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Thence, along Lot 5 of Pualani Makai, being also along the remainder of Royal
Patent 6716, Land Commission Award
4887, Apana 2 to Thomas Sams on a curve
to the left with a radius of 1669.00 feet, the
chord azimuth and distance being:
35. 111° 23' 00" 747.57 feet;
36. 98° 26' 30" 37.85 feet along Lot 5 ofPualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
37. 185° 25' 00° 181.16 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams to the point of
beginning and containing an area of 14.973
Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, klawai`i County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(I3) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with all
stated conditions of approval.
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B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department
of Water Supply within nineq~ days from the effective date of this ordinance. ~fhe
applicant shall finalize the allocation of water commitments sufficient to allow the
proposed development prior to Final Plan Approval.
C Construction of the proposed development shall be completed within five (5)
years from the effective date this ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (toning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning DepartmenPs Rule
No. 17 (Landscaping Requirements).
D. No single commercial business may contain more than 45,000 square feet in gross
floor area.
I?. If Department of Transportation requires an amended Traffic Impact Analysis
Report (TZAR), it shall be submitted to the Department of Transportation for
review and approved prior to the issuance of Final Plan Approval. All accesses,
including roadway and/or intersection improvements, shall meet with the approval
of the Department of Transportation.
F. The applicant, successors, or assigns shall improve the intersection at the
principal access on the Hawaii Belt Road at the north end of T.M.K. No. 7-5-17:1.
at the Pualani Estates Subdivision Road, including, but not limited to, a
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deceleration and exclusive left-turn lane into T.M. K. No 7-5-17: 1. Intersection
improvements shall be as required by the Department of Transportation. The
applicant shall pay for the cost of upgrading the traffic signal lights at the
intersection of the Hawaii Belt Road and the Pualani Estates Subdivision Road to
accommodate 4-way traffic. Said improvements, plus the main spine road
through the Pualani Estates Subdivision to Hualalai Road, shall be completed
prior to the issuance of a certificate of occupancy for non-residential structures or
tinal inspection of any residential structures.
G. The applicant, succcssors, or assigns shall construct aright-turn deceleration lane
and aright-turn acceleration lane at the secondary entrance located south of the
main intersection meeting with the approval of the State Department of
Transportation, and any other improvements that may be required by the DO'f. if
DOT opposes the use of the second access to the commercial development, all
access shall he from the northern access point Otherwise, the southern access
shall be limited to right-in, right-out movements only. Said improvements shall
be completed prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
H. The applicant, succcssors, or assigns shall be subject to the "Declaration Re Road
Construction" recorded with the State of Hawaii Bureau of Conveyances on June
18, 2004 (Doc No. ?004 L23556) and shall improve "Easement 1" to County
dedicable standards with curbs, gutter and sidewalk improvements meeting with
the approval of the Department of Public Works, prior to the issuance of any
certificates of occupancy for non-residential structures or prior to any final
inspections ftir residential structures, from Kuakini Highway to Lot 1, SUB 7814
(the frontage road lot). The applicant, succcssors or assigns shall also complete
the road connection from Easement"1" to the main project intersection, including
bridging the lloodway, to County dedicable standards, and from Easement "I ° to
the southerly project access. to County dedicable standards, prior to the issuance
of a certificate of occupancy for non-residential structures or tinal inspection for
any residential structures.
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L Access to Kuakini 1 [ighway, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works. An exclusive
left turn lane and a right turn deceleration lane shall be provided on Kuakini
Highway at the Easement 1 access road approach. The access shall align with the
opposing entry to Kahakai Estates Subdivision. Requirement improvements may
include, but not be limited to, pavement and shoulder widening, pedestrian
activated cross walk lights, drainage improvements and relocation of utilities. A
system of drywells shall be installed to address existing local drainage on the
mauka side of Kuakini }Iighway flowing to the proposed access approach. Said
improvements shall be completed prior to the issuance of a certificate of
occupancy for non-residential structures or final inspection of any residential
structures on the subject site.
J. The applicant, successors, or assigns shall provide an casement to the property to
the north ('fMK: 7-5-17:2) to permit that property to access the main project
intersection. 'l~he easement shall have a minimum width of 60-feet, and be in a
location meeting with the approval of the Department of Public Works. The
designation of this easement and its terms shall be established prior to the
issuance of a certificate of occupancy for non-residential structures or final
inspection of any residential structures.
K. The main spine mauka/makai road within the proposed development shall be
improved to County dedicable standards with curbs, gutter and sidewalk
improvements and if accepted by the County, a bike path, prior to issuance of a
ceriificate of occupancy. The applicant shall provide necessary easements for
road and drainage improvements in favor of T.M. K. No. 7-5-17: 19 so that the
property can be developed independently of T.M. K. No. 7-5-17: l . The
applicant, its successors, or assigns shall convey its interest in the easement and
all improvements therein to the County upon their completion.
L. Install streetlights, signs and markings meeting with the approval of the
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Department of Public Works.
M. A drainage study shall be prepared and submitted for the review and approval of
the Department of Public Works prior to the issuance of Final Plan Approval. If
deemed necessary by the Department of Public Works, the appropriate Federal
Emergency Management Agency (FEMA) clearances and/or approvals shall be
secured prior to issuance of any land disturbance permit affecting the area covered
by the work within the "AE" zone or the corrected effective base flood plain. 'Che
applicant shall construct all necessary drainage improvements including the flood
channel prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
N. The proposed flood channel shall be maintained in private ownership and a
maintenance program for the channel shall be submitted to the Department of
Public Works for their review and approval.
O. No residential or commercial structures shall be constructed within azeas
designated "AE" or "shaded" Zone "X" by Flood Insurance Rate Maps (FIRM) as
amended by any applicable LOMR. Restrictive covenants in the deeds of all
single family residential lots shall give notice of the terms of this rezoning
condition. No single-family residential lots may be created which lack a
buildable area. This restriction may be removed by amendment of this ordinance
by the County Council. If appropriate, a copy of the proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval, A copy of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
p. A National Pollutant Discharge Elimination System (NPDES) permit and an
Underground Injection Control (UIC) permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
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Q. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
R. The applicant shall perform an engineering study to determine if the sewer line
has adequate capacity to handle the proposed flows, and shall upgrade the sewer
line if necessary. Sewer lines shall be installed within the development to connect
with the County's sewer system, meeting with the approval of the Department of
Environmental Management, and prior to the issuance of a Certificate of
Occupancy.
S. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
"f. A Data Kecovery Plan and an Archaeological Preservation and Burial "freatment
Plan shall be submitted for the review and approval of the Planning Director, in
consultation with the Department of Land and Natural Resources -State Historic
Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the
burial sites within the subject property shall be approved by the SHPD's Flawai'i
Island Burial Council before detailed mitigation plans are finalized for these sites.
A copy of the approved Final Archaeological Preservation and Burial Treatment
Plan shall be submitted to the Planning Director for its f files prior to submitting
plans for Final Plan Approval review or prior to the issuance of any land
alteration permits, whichever occurs first.
U. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resource -
State Historic Preservation Division (DLNR-SH]'D) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
-ll-
V. As represented by the applicant, within ninety (90) days after the effective date of
this ordinance, the applicant shall solicit the input of the State Department of
Education (DOE), community, and County Council to determine which
government agency or entity, such as a DOE-certitied "public charter" school,
would be the recipient of this school site. The school site and any improvements
thereon shall be conveyed via lease to the identified recipient for $1.00 for the
duration of the lease, with the understanding that said entity or agency would he
able to secure additional funds as may be necessary to have a school opened prior
to or in conjunction with the issuance of a residential occupancy permit on the
subject property. Further, should the school use be terminated for any reason, the
land and improvements thereon shall he conveyed in fee to the County of Hawaii
at no cost within thirty (30) days of the date of termination.
Within sixty (60) days of the identification of the receiving agency or entity, a
draft of an agreement reflecting the terms outlined in this ordinance, shall be
submitted to the County Council for its review and approval.
As further represented by the applicant, the applicant, successors, or assigns shall,
1) prior to the issuance of a building permit for any residential or commercial
structures on the subject site, a) subdivide and dedicate or cause the dedication of
5 acres of land within the T.M.K. 7-5-17: 19 and/or T.M.K. 7-5-17:23 for a
school site to the Slate DOI? or a DOE-ccrtilied "public charter"; and b) provide
the necessary infrastructure to the site, including vehicular access and utility
systems; and 2) prior to the issuance of a Certificate of Occupancy for any
residential structures on the subject site, make the necessary on-site land
improvements for the school and associated playground area, as well as construct
or cause the construction of up to $600,000 of building or structural
improvements as may be mutually agreed to between the applicant and the
receiving agency or entity. These improvements are designed to facilitate the
opening of a school prior to the occupancy of any residential structures on the
subject property.
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W. If the applicant, successors, or assigns develop residential units on the subject
property, the applicant shall make its fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and recreation.
tire, police. solid waste disposal facilities and roads. The fair share contribution
shall become due and payable prior to receipt of Final Plan Approval. "fhe fair
share contribution for each lot shall be based on the actual number of residential
units developed. 'l~he fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of $6,206.06 per multiple family residential unit ($9,671.44 per
single family residential unit). The total amount shall be determined with the
actual number of units according to the calculation and payment provisions set
forth in this condition.
l~he fair share contribution per multiple family residential unit (single family
residential units) shall be allocated as follows:
1. $3,061.27 per multiple family residential unit ($4,663.74 per single family
residential unitl to the County to support park and recreational improvements
and facilities:
2. $96.75 per multiple family residential unit ($224.98 per single family
residential unit) to the County to support police facilities;
3. $297.62 per multiple family residential unit ($444.36 per single family
residential unit) to the County to support fire facilities;
4. $132.65 per multiple family residential unit 0194.55 per single family
residential unit) to the County to support solid waste facilities; and
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5. $2,617.77 per multiple family residential unit ($4,143.81 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by
the proposed development, subject to the review and recommendation of the
Planning Director, upon consultation with the appropriate agencies and
approval of the County Council. Improvements to the drainage as it crosses
under Kuakini 1 Iighway, the road improvements at the Kuakini Highway
intersection, and the mauka/makai spine road up to the entrance of the
proposed rental housing project shall be credited against the road fair share.
Relative to the requirements for the school as outlined in Condition U, the
value of land -which shall be based on the per acre purchase cost of the
applicant the cost of the infrastructure (road and utility) to the subject site,
and the cost of site preparation for the school and playground area shall be
credited against the park and recreation fair share. The construction of any
structures on the subject site shall be credited against the balance, if any, of
the park and recreation fair share of this ordinance and/or any future park and
recreation fair share requirement for'f.M.K. 7-5-17: 23 and 26.
X. Should the Council adopt a Unified Impact Dees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
Y. The project shall include housing. At least 50 residential units shall be under
actual construction, with completion assured by security approved by the
Planning Director, before the issuance of a certificate of occupancy for any
commercial structures. An additional 50 units shall be constructed if all the
commercial uses exceed 60.000 square feet of gross floor area. 'I~he additional
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units shall be under actual construction, with completion assured by security
approved by the Planning Director, before the issuance of a certificate of
occupancy for commercial structures exceeding a cumulative total of 60,000
square feet of gross floor area on the project site.
7,. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to 17na1
subdivision approval or tinal plan approval, whichever occurs first. The housing
requirement shall be met by the provision of affordable housing onsite, and not by
use of any affordable housing credits generated offsite or by any in-lieu fees.
AA. fhe applicant shall comply with all applicable County, State and Federal laws.
rules, regulations and requirements.
BB. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
1. "fhe non-performance is the result of conditions that could not have been
loreseen or are beyond the control of the applicant, 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. 'fhe time extension shall be for a period not to exceed the period originall}
granted for performance (i.e., a condition to be performed within one year
may be extended for up to one additional year).
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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.
CC. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning 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.
[NTRODUCED BY:
COUNCIL 'MBER, Y OF AWAI`1
• ~ r7
COUNCIL MEM ,COUN'T'Y OF HA AI'I
Hilo I[awai`i
Date oflntroduction: July 7, 2005
Date of lst Reading: July 7, 2005
Date of 2nd Reading: July 22, 2005
F,ffectiveDate: August 5, 2005
•~G= Ceram. 107.3
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO NEIGHBORHOOD COMMERCIAL (CN-20)
AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:001 Date: September 24, 2004
EXHIBIT "A~' (Puaa Development, LLC:1146)
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo, Hawaii
i ~
Introduced By: Pete Hoffmann/K. Angel Pilago ROLL CALL VOTE
Date Introduced: Ju:Ly 7, 2005 AYES NOES ABS EX
first Reading: Ju:Ly 7, 2005 Arakaki X
Published: July 17, 2005 Higa X
Hoffmann X
REMARKS- Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
Second Reading: Ju.1y 22, 2005
'I'o Mayor: July 25, 2005 _ ROLL CALL VOTE
Returned: ~guct 5, 2005 AYES NOES ABS EX
Effective: August 5, 2005 Arakaki X
Published: August 11, 2005 Higa X
Hoffmamr X
REMARKS: _ Holschuh X
_ Ikeda X
_ Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
/ DO HEREBY CERTIFY that the foregoing BILL, was adopted by the County Council published ac
indicated above.
APPROVED AS TO
FORM AND LEGF~LITY:
` - ' ~ i : ~ - COU C!L CHAIRMAN
TTY CORPORATION COUNSEL
COUNTY OF HAWAII t-+ -
j COUNTYCLERK
Date 'I- '
32 (Draft 3)
Bill No.:
C-107.3/PC-27
Reference:
pprove Disapproved Chis S day'
Ord No.: ®5 1.15
o ' k,Yi' , 20 ~ S
AYO~ R,?C'OU T
OFHAWAI'1