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Home My WebLink AboutBIL 032 Draft 01 2000-2002 COUNTY OF HA~`~i,.~: STATE OF HAWAII BILL NO. 3 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) AND AGRICULTURAL (A-la) TO FAMII,Y AGRICULTURAL (FA-2a) AT KAPOHO AND HALEKAMAHINA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-73:27. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, 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 Kapoho and Halekamahina, Puna, Hawaii, shall be Family Agricultural (FA-2a): PARCEL 1: Beginning at the southeastern corner of this parcel of land, also being at the eastern corner of Lot 64, the coordinates of said point of beginning referred to Government Survey Triangulation Station "AKU" being 3,068.80 feet North and 5,550.85 feet East and thence running by azimuths measured clockwise from true South: 1. 80° 30' 00" 229.72 feet along Lot 64; 2. 147° 41' 00" 180.92 feet along 40-foot road; Thence, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 3. 192° 41' 00" 42.43 feet along road; 4. 237° 41' 00" 440.01 feet along other lands of L.C. Aw. 4452, Ap. 1 to H. Kalama; 5. 327° 41' 00" 300.00 feet along same; 6. 57° 41' 00" 258.67 feet along Lot 63 to the point of beginning and containing an area of 3.016 acres, more or less. PARCEL 2: Beginning at the eastern corner of this parcel of land, also being at the southern corner of Lot 64-A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "AKU" being 3,068.80 feet North and 5,550.85 feet East and thence running by azimuths measured clockwise from true South: 1. 57° 41' 00" 211.74 feet along Lot 63; 2. 147° 41' 00" 89.08 feet along a 40-foot road; 3. 260° 30' 00" 229.72 feet along Lot 64-A to the point of beginning and containing an area of 2.16 acres, more or less. 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Should the applicant, successors or assigns seek to further subdivide the subject property, lots shall be provided with a water system meeting with the approval of the Department of Water Supply prior to securing Final Subdivision Approval. -2- D. An azchaeological study/survey of the subject property shall be prepazed and submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD), and cleaaance shall be secured prior to any further land alteration activity. Should significant historical sites be found within the subject property which merit preservation or the implementation of mitigative measures, the applicant shall prepaze and submit an archaeological preservation/mitigationglan for review and approval by the Planning Director, in consultation with the DLNR- HPD, prior to any further land alteration activity, whichever occurs first. E. Should any remains of historic sites, such as lava tubes, 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 Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. F. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies. G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -3- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its 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 yeaz may be extended for up to one additional yeaz). I. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject azea to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: r COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: CwMtt. 12 5- APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -5- .E'S-lO p l,Q(~~, ,f'S / D a ~y A-5a O .E'S-lO ' A-/a FA - 2a O ; PARCEL 1 OPEN TO FAMILY AGRICULTURAL (FA-2a) AREA: 3.016 ACRES % ~ A - / a FA - 2a O J~ p fJ~ A - l a ~ 3,068.80 N /i - /a 5,550.85 E "AKU" D o HALEPUEO ROAD Q p J%~ PARCEL 2 AGRICULTURAL (A-1 a) A - /a TO FAMILY p ~ AGRICULTURAL (FA-2a) ~ AREA: 0.216 ACRES Z ~ g A-la ~ - Y - A - /a AMENDMENT TO THE ZONING CODE Vacationland Hawaii, Unit II, Halekamahina, Puna, Hawaii AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 FROM OPEN (0) AND AGRICULTURAL (A- a)DTO F AMILY AGR CULTURALT(A 2a) ATIFKAPOHO dl: HALEKAMAHINA, PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1 -4-73: 27 JANUARY 8. 2001 EXHIBIT ~A•• (JOSHUA K LEO) I~