Loading...
HomeMy WebLinkAboutBIL 006 Draft 02 1996-1998 . t l' ~.: I : >A '--// . COUNTY OF HAWAII STATE OF HAWAII BILL NO. 6 (Draft 2) ORDINANCE NO. 97 14 AN ORDINANCE AMENDING SECTION 25-113 (SOUTH HILO DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAW All COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICUL TURAL (A-l Oa) AT HAKALAU NUl, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-9-2:52 - 60 AND 2-9-4:87 - 91. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-113, Article 3, 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 Hakalau Nui, South Hilo, Hawaii, shall be Agricultural (A-lOa): Beginning at a pipe at the southeasterly comer of this parcel of land on the northerly side of Mountain or Chin Chuck Road and at a point on the westerly side of Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 21,065.30 feet North and 6,107.41 feet West, thence running by azimuths measured clockwise from True South: 1. 690 46' 783.42 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 2. 570 31 ' 130.92 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 3. 520 51' 227.58 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 4. 530 00' 1024.04 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 5. 470 01' 493.43 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 6. 1370 01' 120.00 feet along Water Tank Site to a pipe; 7. 470 01' 85.00 feet along Water Tank Site to a pipe; . ~ . 8. 3170 01' 120.00 feet along Water Tank Site to a pipe; 9. 470 01' 240.14 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 10. 480 31' 404.71 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 11. 560 26' 212.35 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 12. 640 41' 199.72 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 13. 680 41' 401.93 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 14. 590 11' 216.88 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 15. 490 01' 199.32 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 16. 550 26' 173.69 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 17. 610 21' 363.67 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 18. 450 01' 69.13 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 19. 350 19' 1108.22 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 20. 300 06' 562.63 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 21. 330 31' 225.83 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 22. 370 11' 243.86 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; -2- . . 23. 440 01' 187.38 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 24. 580 56' 294.59 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 25. 590 26' 646.65 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 26. 510 21' 328.88 feet along the northerly side of Mountain or Chin Chuck Road to ~ pipe; 27. 590 46' 175.94 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 28, 710 31' 359.37 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 29. 750 51' 219.39 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 30. 8P 51' 151.94 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 31. 760 01' 174.91 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 32. 730 31' 203.08 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 33. 610 31' 238.43 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 34. 500 16' 160.28 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 35. 460 26' 243.42 feet along the northerly side of Mountain or Chin Chuck Road to a pipe; 36. 1460 30' 317.02 feet along the remainder ofR.P. 7541, L.C. Aw. 11216, Ap. 42 to M. Kekauonohi to a pipe; -3- . . Thence along the remainder of R.P. 7541, L.e. Aw. 11216, Ap. 42 to M. Kekauonohi and following the top of gulch for the next fifty-one (51) courses being; 37. 1790 46' 149.36 feet to a pipe; 38. 2010 00' 228.00 feet to a pipe; 39. 1680 00' 123.00 feet to a pipe; 40. 2280 00' 254.00 feet to a pipe; 41. 2490 00' 99.00 feet to a pipe; 42. 2630 00' 144.00 feet to a pipe; 43. 2740 00' 160.00 feet to a pipe; 44. 2850 00' 225.00 feet to a pipe; 45. 2420 00' 217.00 feet to a pipe; 46. 2460 00' 171.00 feet to a pipe; 47. 2270 30' 225.00 feet to a pipe; 48. 2110 00' 200.00 feet to a pipe; 49. 2150 00' 179.00 feet to a pipe; 50. 2030 00' 227.00 feet to a pipe; 51. 1920 30' 339.00 feet to a pipe; 52. 2040 00' 197.00 feet to a pipe; 53. 2490 00' 245.00 feet to a pipe; 54. 2300 00' 358.00 feet to a pipe; 55. 3090 00' 172.00 feet to a pipe; 56. 2140 00' 251.65 feet to a pipe; -4- . 57. 1880 00' 141.00 feet to a pipe; 58. 2150 00' 73.00 feet to a pipe; 59. 2500 00' 55.00 feet to a pipe; 60. 1910 00' 453.00 feet to a pipe; 61. 2000 00' 209.00 feet to a pipe; 62. 1920 00' 330.00 feet to a pipe; 63. 1870 00' 220.00 feet to a pipe; 64. 1730 00' 206.13 feet to a pipe; 65. 1880 30' 367.00 feet to a pipe; 66. 2340 30' 216.00 feet to a pipe; 67. 2670 00' 147.00 feet to a pipe; 68. 2340 00' 219.00 feet to a pipe; 69. 2100 00' 341.00 feet to a pipe; 70. 1890 00' 268.00 feet to a pipe; 71. 1670 00' 320.00 feet to a pipe; 72. 1510 30' 213.00 feet to a pipe; 73. 2100 00' 125.00 feet to a pipe; 74. 2620 00' 155.00 feet to a pipe; 75. 2480 00' 523.00 feet to a pipe; 76. 2250 45' 645.00 feet to a pipe; 77. 2770 00' 299.00 feet to a pipe; 78. 2610 15' 510.00 feet to a pipe; 79. 2440 00' 172.00 feet to a pipe; -5- . . . 80. 2740 00' 413.00 feet to a pipe; 81. 2520 30' 309.00 feet to a pipe; 82. 2400 00' 257.00 feet to a pipe; 83. 2710 00' 77.00 feet to a pipe; 84. 2180 30' 233.00 feet to a pipe; 85. 2420 30' 400.00 feet to a pipe; 86. 2290 30' 348.00 feet to a pipe; 87. 2410 00' 394.00 feet to a pipe; 88. 2790 00' 46.00 feet to a pipe; 89. 3310 17' 270.41 feet along the westerly side of Hawaii Belt Road to a pipe; 90. Thence along the westerly side of Hawaii Belt Road on a curve to the left with a radius of2914.79 feet, the chord azimuth and distance being: 3220 45' 30" 864.18 feet to a pipe; 91. 3140 14' 527.38 feet along the westerly side of Hawaii Belt Road to a pipe; 92. Thence along the westerly side of Hawaii Belt Road on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 3410 44' 92.35 feet to a pipe; 93. 90 14' 107.19 feet along the westerly side of Hawaii Belt Road to a pipe; 94. Thence along the westerly side of Hawaii Belt Road on a curve to the right with a radius of 72.00 feet, the chord azimuth and distance being: 390 24' 72.36 feet to a pipe; -6- . . 95. 690 34' 204.91 feet along the westerly side of Hawaii Belt Road to a pipe; 96. 3410 23' 27.20 feet along the westerly side of Hawaii Belt Road to the point of beginning and containing an Area of 391.914 Acres. 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. 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. Final ConsolidationlResubdivision Approval of the proposed subdivision development within the subject properties shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. In conjunction with Final ConsolidationlResubdivision Approval of the subject properties, all subdivision access(es), intersection improvements along Chin Chuck Road and drainage improvements shall be constructed meeting with the approval of the Department of Public Works. In addition, a 5-foot wide future road widening fronting the subject properties along Chin Chuck Road, shall be delineated on the subdivision plans. The 5-foot wide future road widening area shall be dedicated to the County of Hawaii upon its request and at no cost to the County. E. In conjunction with the submittal of subdivision plans for the subject properties, a revised Traffic Impact Analysis Report which includes mitigating intersection -7- . . roadway improvements at the intersection of the Hawaii Belt Highway, the Old Mamalahoa Highway and Chin Chuck Road, if applicable, shall be submitted for review and approval to the State Department of Transportation. Prior to Final Subdivision Approval of the subject properties, the applicant shall be responsible for constructing and/or paying for its pro rata share of any traffic mitigation measures required by the Traffic Impact Analysis Report for the subject properties. F. 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 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. G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. Comply with all applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed project within the subject properties. I. An initial extension oftime for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -8- . . 1. The non-performance is the result of conditions that could not have been foreseen 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. 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 may be extended for up to one additional year). J. Should any of the conditions not be met or substantially complied with in a timely fashion~ the 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. -9- . . SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CIL MEMBER, COUNTY 0 HAWAII Hilo, Hawaii Date oflntroduction: JanuaIy 22, 1997 Date of 1 st Reading: JanuaIy 22, 1997 Date of 2nd Reading: FebruaIy 7, 1997 Effective Date: FebruaIy 20, 1997 APPROVED AS TO FORM AND LEGALITY U^i~ DEPUTY CORPORA nON COUNSEL DATED: 2./1/ jq 7 RIFEltENCEa Comma 27.01 -~~ -10- 'Ii . . ",,""- ('/ / .J 13 ~ ~ ~~. 11- . /. V.(\ ~/'~ '6Q ~. A-20. AGRICULTURAL (A-200) TO AGRICULTURAL (A-100) 391.914 ACRES \ /1 ", 11\' ! '.'0') I ~1 I ( II l ~ / f l lj) I " II / I y / .._~!!f.h o / ~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-113 (SOUTH HILO DISTRICT ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-10a) AT HAKALAU NUl, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY or HAWAII TMK : 2-9-2:52 thru 60 and 2-9-4:87 thru 91 EXHIBIT "A" NOVEMBER 1. 1996 (MAUNA KE:A AGRIBUSINESS COMPANY, INC.) _ _..,.".... _.1 L Introduced By: Date Introduced: First Heading: Published: REJMRKS: . OFFICE OF ~E C~UNfY CLERft County of Hawaii Hila --J Hawaii Bobby Jean Leithead-Todd January 22, 1997 January 22, 1997 N/A Second Reading: To Mayor: Returned: Effective: Published RElvfARKS: February 7. 1997 February 11, 1997 February 20. 1997 February 20, 1997 February 28, 1997 I DO HEI{EBY CEl~TIFY that the foregoing RILL was adopted by the County Council and published as indicated abo'tle. APPROVED AS TO FOfM ~ND zur:' . MA~ ,~. DEPUTY CORPORATION COUNSEL COUNlY OF HAW All Date 20 1/( Z 2v .19 ct 7 Approved / Di..l(RNllJt1cd this of ~7 day ~~ RECEIVED (DRAFT 2) · 97 FEB 20RQUfl <1 OTE ABS EX Arakaki Chung Leithead-Todd Ray Reynolds Santangelo Smith Tyler Yagon -,- O~_ o ROLL CALL VOTE I AYES NOES ABS EX Arakay,j X --- -- Chun2 X ----~- Leithead-Todd X Ray X I Reynolds X -- Santanl!elo __~_l Smith ~ ----.- Tvler X --1-----1 ~ ~!2.~ I ' X_ I ,--1--- 8 O! 1 : 0 Li)~ ~..L~~ COUNTY CLERK Bill No.: 6 (Draft 2) C-27/PC-3 97 fi Refer..."ce: Ord. No.: