HomeMy WebLinkAboutBIL 032 Draft 02 2000-2002 ~=~f,,y.
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COLTN'I'Y OF HAW , . ~ J~~:i TATS OF HAWAII
BILL NO. 32
(Draft 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 FAMILY AGRICULTURAL (FA-2a) AT KAPOHO AND HALEK:AMAHINA,
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 azea 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 comer 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] 0.216 acre, 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.
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D. An archaeological study/survey of the subject property shall be prepared 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 clearance 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 prepare and submit an archaeological preservation/mitigation plan
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] Co ply with all applicable [laws,] rules, regulations
and requirements of the affected agencies[.] for approval of the proposed
development.
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:
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I . 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 aze 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 area 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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
O CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
kt~ERENC~: Comm. l'2`~' ~
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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PARCEL 1
OPEN TO FAMILY ~
AGRICULTURAL (FA-2a) f~
AREA: 3.016 ACRES
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~ 3,068.80 N A - /a
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AGRICULTURAL (A-1 a)
A - /a TO FAMILY
o ~ AGRICULTURAL (FA-2a)
~ AREA: 0.216 ACRE, Z
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AMENDMENT TO THE ZONING CODE
Vacotionlond Hawaii. Unit II, Halekomohino. Puna, Hawaii
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 (0) AND AGRICULTURAL (A-1a} TO FAMILY AGRICULTURAL (FA-2a) AT KAPOHO
~C HALEKAMAHINA, PUNA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 1 -4-73: 27 JANUARY 8, 2001
EXHIBIT nA'. (JOS?+UA K LEO)
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