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Home My WebLink AboutORD 2003-024 2002-2004 COUNTY OF HAWAII STATE OF g-IAWAI`~ BILL NO._ 24 (Draft 2) ORDINANCE NO. ~3 AN ORDINANCE AMENDING SECTION 25-8-22 (PUMA 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 AGRICULTURAL (A-Sa) AT KAPOHO AND HALEKAMAHINA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-73:3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. 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 fa]lowing area situated at Kapoho and Halekamahina, Puna, Hawaii, shall be Agricultural (A-Sa): Beginning at the Northwest corner of this parcel of land, being also the Southwest corner of Lot 58 and on the Easterly side of Roadway Lot 84, the coordinates of said point of beginning referred to Goverrunent Survey Triangulation Station "KAPOHO" being 3,052.53 feet North and 6,681.80 feet East and running by azimuths measured clockwise from True South: 1. 260° 57' 407.04 feet along Lot 58 of Vacationland Hawaii Unit II, File Plan 920; 2. 10° 00' 230.00 feet along the remainder R.P. 7483, L.C. Aw. 4452 Apana 2 to H. Kalama; 3. 95° 08' 363.15 feet along the remainder of Lot 57 of Vacationland Hawaii, Unit II, File Plan 920 and along L.P. 8 ] 77, L.C. Aw. 8559 Apana 5 to C. Kanaina; -1- Thence along the Easterly side of Roadway Lot 84 of Vacationland Hawaii, Unit II, File Plan 920 on a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 4. 179° 51' 07" 129.98 feet to the point of beginning and containing an area of 1.545 Acres, more or less. Beginning at the Northwest corner of this parcel of land on the Easterly side of Roadway Lot 84, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO"being 2,922.54 feet North and 6,682.14 feet East and running by azimuths measured clockwise from True South: I . 275° 08' 363.15 feet feet along the remainder of Lot 57 of Vacationland Hawaii Unit II, File Plan 920 and along R.P. 7483 L.C. Aw. 4452 Apana 2 to H. Kalama; 2. 10° 00' 529.06 feet along the remainder L.P. 8177, L. C. Aw. 8559 Apana 5 to C. Kanaina; 3. 132° 02' 502.15 feet along Lot 56 of Vacationland Hawaii, Unit II, File Plan 920; Thence along the Easterly side of Roadway Lot 84 of Vacationland Hawaii, Unit II, File Plan 920 on a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 4. 205° 23' 37" 240.54 feet to the point of beginning and containing an area of 3.461 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 applicants, successors or assigns shall be responsible For complying with all of the stated conditions of approval. -2- B. The applicants, 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. The applicants shall connect to the County water system prior to securing a building permit for a first farm dwelling. 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 signiftcant historical sites be found within the subject property which merit preservation or the implementation of mitigative measures, the applicants 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 applicants 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 -3- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. 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 declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: _ `l COLII~CIL MEMBER, COUNTY OF HAWAII Hilo ,Hawaii Date of Introduction: January 23, 2003 Date of 1st Reading: Jatvaaxy 23, 2003 Date of 2nd Reading: Febniary 5, 2003 Effective Date: February 20, 2003 ktFckEi•st.,c; i::cr;~a. 5®.1 -4- OPEN N W E ` o~ 3 OPEN RS10 o~. PEN (O) TO \mz AGRICULTURAL (A 5a) v ARAA= 7.545 ACS. Gm A-5a I o I FAaa PO ~ FA-2a 90 OFEN OPEN . " RS10 % OFEN - $0625?N ~ ~ o l A-1a 6681.80E O RSiO~ A-fa KAPa,fO~ ~ ~ A-1a RS70 r R310 A-la / ~ ~ l AGRICULIURAL(A-1a)TO - AGRICULTURAL (A-5a) ~OP~ \ AREA = 3.46. A-fa pp~~ V v ~ , afa ~ ~ RS-f0 A-la A-la ~ RS 10 RS70~_ 0 500 1000 1500 2000 Feet AMENDMENT TO THE ZONI NG CODE 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-1a) TO AGRICULTURAL (A-5a) AT KAPOHO AND HALEKAMAHINA, PUMA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :1-4-073:003 MAY 28, 2002 EXHIBIT "A'~ (Nathewitch\Hostetter:1068) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ROLL CALL VOTE _ Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: January 23, 2003 Arakaki X First Reading: January 23, 2003 Chung X Published: N/A Elarionoff X Holschuh X REM,4RK.S: Jacobson X Leithead-Todd X Reynolds X ' Safarik X Tyler X 8 0 1 0 Second Reading: February 5, 2003 ROLL CALL VOTE To Mayor: February 11, 2003 AYES NOES ABS F.X Returned: _ February 21, 2003 Arakaki X Effective: February 20, 2003 Chung X Published: Mar'eh 2> 2003 Elarionoff X Holschuh X REMARKS: Jacobson X Leithead-Todd X Reynolds X Safarik X Tyler X 9 0 0 0 1 DO fIEREBYCERTIFYthat the. foregoing BILL was adopted by the Co~~nty Council published ac indicated above. APPROVED AS TO FORM AND LEGALITY: ~ '`1 v l l ~ ~ ~ r,, ~.E__ UNC/L CHAIRMAN d1,. DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII ' LINTY C'L ERK Date 1-~ l 7, f' . 24 (Draft 7_) Bill No.: aU~` Reference: C-58.1/PC-6 prove Disapproved this y - - Ord No.: 0.3 2.~ of I'prb?tt r .20 03 MAYOR,~C'ryUNTY OF HAWAII