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Home My WebLink AboutBIL 002 Draft 01 2004-2006 ~~D~.T~'1"Y ~F ~IA~P~I`I a , ~'~'~`i"~'. ~3~ ~A~IAI`I BILL NO. z 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) TO FAMILY AGRICULTi JRAL (FA-2a) AT KAPOHO, PUMA, HAWAII, COVERED BY TAX MAP KEY 1-4-73:1. 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, Puna, Hawaii, shall be Family Agricultural (FA-2a): Beginning at a point at the south corner of this parcel of land, being also the west corner of Lot 58 and the easterly side of Milani Road, (40-Feet Wide), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 3,372.75 feet North and 6,542.62 feet East and running by azimuths measured clockwise from True South: 1. 152° 14' 285.19 feet along the easterly side of Milani Road (40 Feet Wide); 2. 228° 00' 607.18 feet along remainder of R.P. 7483, L.C. Award 4452, Apana 1 and 2 to H. Kalama; 3. 332° 14' 35" 434.48 feet along remainder of R.P. 7483, L.C. Award 4452, Apana 1 and 2 to H. Kalama; -1- 4. 62° 14' 588.47 feet along Lot 58 (File Plan 920) to the point of beginning and containing an area of 4.861 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe 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 (B) 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 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. The proposed single family dwelling shall be constructed within 5 yeazs from the effective date of this ordinance. D. Should the applicant, successors or assigns seek to further subdivide the 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- 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 County, State and Federal laws, rules, regulations and requirements. 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 maybe granted by the Planning Director upon the following circumstances: 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. -3- 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 maybe extended for up to one additional year). 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. fNTRODUCED BY: C L ME ER, O TY OF H I`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: R~Fn2c^! Comm. $ -4- `fgpo ~ EN OPEN OPEN OPEN H' A-1a OPEN ~~~lpkdh7~i9h _ ~ ~ A~1a A-fa~ fh~~ _ c 6e Rd, OPEN r \ ~ ~ m A-fa m ,A ~m _ T.. m A-10a - r J/ ~ . ~ I A-10a A~a' ~ A 1a ~ _ ~ ~ OPEN OPEN (O) TO ~i ~ FAMILYAGRICULTURAL FA-2a Ada 4.861 ACS. ~ !IKumul uluRd.~l AI1aA °4 OPEN N ~ OPEN A-f0a c,~~ ~ ~ - - - - Aafa FA-~~ \ - ~ ~ ~ a o ~ p ( _ - OPEN \ ~.pa A=1r ~ I ~ A-1a FA-2a ~ I --A1 Fry A-Sa~i ~ ~ ~ ~ Ililani Rd. ~ Rs-to ~ Ililani Rd. ' -5a~ a• •~oa~~ ~ I I I s^ S~' 372. N / VAS u Y1~1a,~j C. i ~ ~ Q, 542.82E R~ ~A-,fa ~ -1a I I I 'IKAPO ~ ~ .~J' ~ _ I, I ~ A is kp ~ ~l OPEN --L ~y ~ Rs-to Kapoho Beach Lots Rd. sJtn A-fa 'o4d ~ ~ ! 0~~~ ~S° Laima i ~8-tam . ~ h0 ~ RS-10 ~Dq A a• ~ i~ I ~ o i - - - RS-f0 ~ 9U - ~ ~ RS-10 OPEN A-1~ Ada i uoo sw o voo 2200 aaoo aaoa s,wo Fri AMENDMENT TO THE ZONING 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) TO FAMILY AGRICULTURAL (FA-2a) AT KAPOHO, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 1-a-073:001 Date: October 25, 2004 EXHIBIT ~~A~~ (Mark Dziatko 8 Ms. Fay Machielse:1134)