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HomeMy WebLinkAboutORD 1976-184 1976-1980BILL NO. 188 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. _~ AN (ZC TO NANCE RELATING TO THE DEFERRAL OF AMENDMENTS TO CHAPTER 8 CODE) OF THE HAWAII COUD?TY CODE, AS ADIENDED, RELATING fCALAPANA-KP_IMU AREA. BE T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. FINDIDIGS AND PURPOSE It is the finding of the County Council that in recent yea s, actions have been initiated which may irreversibly affect the Kalapana-Kaimu region. In particular, such actions pertain to and use changes which would intensify activities in the are to a greater degree than what exists at the present time. A S ecial Permit has been granted to allow the development of 350 hotel units and 74 condominium units, anti a resort change of z ne request for a drive-in facility is now pending before the oiinty Council. These actions were favorably recommended by t e Planning Commission pursuant to the General Plan which earm rks the subject area for resort uses. The County Council also finds that public concerns over the mplementation of the General Plan for the subject area have been raised. Some area residents have argued that land use hanges which would affect the status quo of the region woul drastically alter existing lifestyles and precipitate nega ive social impacts; would have significant adverse effects upon the natural environment; would destroy the natural beauty of t e area; and would not benefit the public health and i. ~ t welf re. It is the finding d~'Che County Council that such public concerns merit serious consideration before irreversibly fitting more of the Kalapana-Kaimu area for resort and/or er density uses. The County Council also finds that a Puna Community lopment Plan (CDP) will be shortly initiated and is cted to be completed before December of 1976. The CDP iste serve as a specific guide for the area pursuant to goals and objectives of the General Plan. The CDP will als o contain a feasibility study as to the economic growth of the Kalapana-Kaimu area on a short-term basis. It will, necessitate a discussion as to the feasibility of tinuing to retain the Kalapana-Kaimu area as an area for ort or higher density uses. Additionally, the General Plan La~~d Use Pattern Allocation Guide Map is scheduled for an uptdate and should be available for County Council consideration be#ore December of 1976. Both planning efforts will include sive citizen participation, an ingredient necessary to lop responsive and implementable plans. it is the further finding of the County Council that in vi~w of the public concerns and impending General Plan up-date Puna Community Development Plan efforts, it would not be inlthe best public interest to irreversibly commit the Kalapana- Kai4mu area for resort and/or higher density uses. The development of the General Plan of the County of Hawaii inlthe late 1960's considered the Kalapana-Kaimu area to he a ~.estination area in line with the philosophies and economic situation which existed in the County at that time. Decent -2- tal actions which affect the residents of that area been confronted with a greater voice of the local idents which was not measured before. It is, therefore, to render an objective view of the present situation future situation as regard to an environmental impact and sessment of the entire area for present living conditions, ful~ure living conditions, and also future development sibilities. The purpose of this ordinance is, therefore, to defer any rezoning actions in the Kalapana-Kaimu area until such ti e as the General Plan Land Use Pattern P.llocation Guide rla~ revision and the Puna Community Development Plan are co pleted and adopted by the County Council and the Planning Cor .i_ssion, respectively, or December 31, 1976, whichever is so ner. SECTION 2. DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CO E) . notwithstanding any provision of the County Code to the ary, the consideration of any rezoning requests for rties identified by the following tax map keys, dated 10, 1975, shall be deferred from the effective date of ordinance until such time as the General Plan Land Use Fat~tern Allocation Guide flap revision and the Puna Community t Plan are completed and adopted by the County -3- De it and the Planning Commission, respectively, or ber 31, 1976, whichever is sooner: Tax Map Keys: 1-2-01 1-2-06 1-2-15 1-2-29 1-2-02 1-2-11 1-2-16 1-2-32 1-2-03 1-2-12 1-2-17 1-2-04 1-2-13 1-2-18 1-2-OS 1-2-14 1-2-28 SECTION 3. This Ordinance shall take effect upon its INTRODUCED BY: Council Members, County of Hawaii Hi 1~ Hawaii to of Introduction: Nn.~Pmher 1~ 1~7~ to of Adoption: February 6, 1976 Eective Date: February 17, 1976 Hi ln, Hai., i Hilo, Hawaii Date: Nnv mhPr 1 ~ 1 o7S Date: Foh.n~r., s; 7 a-rc IRST READING AYES NOES A/E Carpenter De Luz x Fujii X Hisaoka X Kawahara X Lai X Levin __~''~ X Yadao - _~ X Yamada ~ - _ - X - - -- - ----._. -~ - 9 _.-- -- -- - ---- - -- Publication We do he as indicated c t` IJO'J 2 -'~ !975 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X fujii X Hisaoka 7L Kawahara )( Lai X Levin X Yadao X Yamada ,., _ X .-- -_.,__ 1 Publication Date: by certify that the foregoing BILL was adopted by the County Council and published ed/ this_._.~_ _ _day of y Mayor, County ~f Howaii i t Council Chairman \~ ll~+ County Clerk ~ Bill No. ~ Pft ---- Reference: PRh7,C-6? _67 M.B. Na. / '~ ' ~'~ ~_ _ _ Ord. No. _ _ __ Council and the Planning Commission, respectively, or December 31, 1976, whichever is sooner: I Tax MapZKeys: 1-2-01 1-2-06 1-2-15 1-2-29 1-2-02 1-2-11 1-2-16 1-2-32 1-2-03 1-2-12 1-2-17 ~ 1-2-04 1-2-13 1-2-18 I 1-2-OS 1-2-14 1-2-28 SECTION 3. This Ordinance shall take effect upon its appkoval. I! INTRODUCED BY: Counci Memher, County of Hawaii Dat<~ of Introduction: Data of Adoption: Eff~ctive Date: ~i -4- BILL NO. COUNTY OF HAWAII - STATE OP' HAWAII ORDINANCE NO. AN ORDINANCE RELATING TO THE DEFERRAL OF AI~IENDM.ENTS TO CIIAPTER 8 (ZONITdG CODE) OF THE HAWAII COUIQTY CODE, AS AP4ENDED, RELATING TO '1HE KALAPANF.-KAIh1U AREA. BE IT ORDAINED BY THE COUNCIh OF THE COUNTY OI' IIAWAILc SECTION ].. FINDINGS ATID PURPOSE It is the finding of the County Council that in recent years, actions have been initiated which may irreversibly affect the I:alapana-Kaimu region. In particular, such actions pertain to land use changes which would intensify activities in the area to a greater degree than i~rhat exists at the present time. A Special. Permit has been granted to allow the development of 350 hotel units and 74 condominium units, and a resort change of zone request for a drive-in facility is now pending before the County Cov.ncil. These actions were favorably recom*,iended by the Planning Commission pursuant to the General Plan which earmarks the subject area for resort uses. The County Council also finds that public concerns over the implementation of the General Plan for the subject area have been raised. Some area residents have argued that land use changes which would affect the status quo of the region would drastically alter existing lifestyles and precipitate negative social impacts; would have significant adverse effects upon the natural environment; would destroy the natural beauty of the area; and would not benefit the public health and welfare. It is the finding o,f the County Council that such public concerns merit serious consideration before irreversibly conunitting more of the Kalapana-Kaimu area for resort and/or higher density uses. The County Council also finds that a Puna Community Development Plan (CDP) will be shortly initiated and is expected- to be completed before December. of 1976. The CDP is to serve as a specific guide for the area pursuant to they goals and objectives of the General Plan. The CDP will al:.o contain a feasibility study as to the economic growth of the Kalapana-Kaimu area on a short-term basis. It will, therefore, necessitate a discussion as to the feasibility of corainuing to retair. the Kalapana-Kaimu area as an area for resort or higher density uses. Additionally, the General Plan Land Use Pattern Allocation Guide Map is scheduled for an up-date and should be available for County Council consideration before December of 1976. Soth planning efforts will include e7;tensive citizen participation, an ingredient necessary to develcp responsive and implementable plans. It is the further finding of the County Council that in view of the public concerns and impending General Plan up-date and. Puna Community Development Plan efforts, i.t would not be in the best public interest to irreversibly commit the Kalapana- Kaimu area for resort and/or higher density uses. The development of the General Plan of the County of Hawaii in the late 1960's considered the Kalapana-Kaimu area to be a destination area in line with the philosophies and economic situation which existed in the County at that time. Recent -2- governmental actions which affect the residents of that area have been confronted with a greater voice of the local residents which was not measured before. It is, therefore, necessary to render an objective view of the present situation anc'. future situation as regard to an environmental impact and reassessment of the entire area for present living conditions, future living conditions, and also future development poe,sibilities. The purpose of this ordinance is, therefore, to defer any -rezoning acticns in the Kalapana-ICaimu area until such tirr,e as the General Plan Land Use Pattern P.llocation Guide May revision and the Puna Community Development Plan are corrpleted and adopted by the County Council and the Planning Cormission, respectively, or December 31, 1976, whichever is sooner. SECTION 2. DEFERP.AL OF AMENDMENTS TO CIIAPTEP. 8 (ZONING COIJE) . Notwithstanding any provision of the County Code to the contrary, the consideration of any rezoning requests for properties identified by the following tax map keys, dated March 10, 1975, shall be deferred from the effective date of this ordinance until such time as the General Plan Land Use Pattern Allocation Guide Map revision and the Puna Community Development Plan are completed and adopted by the County -3- Council and the Planning Commission, respectively, or llecember 37., 1976, whichever is sooner: Tax Map Keys: 1-2-01. 1-2-06 1-2-15 1-2-29 1-2-02 1-2-11 1-2-16 1-2-32 1-2-03 1-2-12 1-2-17 1-2-04 1-2-13 1-2-18 1-2-OS 1-2-14 1-2-28 SECTION 3. This Ordinance shall take effect upon its approval. Date: of Introduction: Dater of 1~doption: Effeactive Date: i~~; INTRODUCED BY: er, oun ~wau ,,, ,, -4- Ted T. Suzuki COUNTY CLERK C)F`r ICE OF 7'hi~. CQl.INTY CL~FtIL counlTV ^F ~iA4;All MILfJ, HA14A.11 967.^.^ ayor Herbert T. Matayoslli ounty of Hawaii_ ilo, Hawai_i_ Ro~ert Shioji DEPUTY COUNTY CLLf:K I hereby transmit Ordnance Bill. No. 188 ssed by the County Council. on second and f~.nal ending. ~~~~ ~ r~ COUNTY CLEkK 1. ated: r u 176 Bill Nn. lAR ~.- 1975 AN ORDIN (ZONING THE KALA. E RF.IATINC TQ THE DEFE:RRAT nF AMENDMENTS TO CHAPTF)R 8 E? OF THR HAWAII CnUNTY CODE,, AS AMF.NDE~ RELATING TO '?-KAIMU ARF'A.. ThiG B 11 rel?t~~ to thn deferral of am~ndmentG t, ChantPl' R ~7oning C<dF) of the Hawaii County Cade, as amended, relating to the Ka~an:n~-Kaimu ?~na, Date Nnvaml-?er 19 195 Cnoies~ef the forem~in^ Ri]]., in full, am nn films in the Office of the C^i*~ty Clerk fns a=A ..=nd ~~xaminatinn by the oahli~. I here the meeti following :~yF;S NOF, ~ certify that the fnregoin~* Bill na.=GPd fist rPac+.i.n?_ at r of the County Council nn Nnvemher 19, 145, t?v the 3Ve and nn VOte' <~un~ilmen Carpenter De L.uz, Fujii, Hisaeka, Kawahara ~..,i T~PVln. Yadan and ~'hairman Yamada - 9, \/~i~~ ~ T)F,PLJTY COUNTY .. LE ^OiJNTY OF H ,~Ai ~t;' ~~~I~, OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HItO, HAWAII 96770 November 79, ty~5 Refer: Bila 788 To: Re The its ~ Rev. Arthur W. Martin, Chairman Planning Commission Bill 788 -Relates to deferral of amendments to Chapter 8 (toning Code) Hawaii County Code, as amended, relating to Kalapana-Kaimu area. ~8 is the action of the Hawaii County Council adopted at held today Recommend passage of Bill 788 on first reading and refer to the Planning Comrniasion for action. ~OUNTY I;I.ERK ce: Planking Dept. ORDINANCE N0. 1.84 (Bill No, 188_1976) AN ORDINANCE RELATING TO THE DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO THF. KALAPANA-KAIMU ARF..A. Date 4pProved: February 6, 1976 Date Effective: February 17, 1976 Copiea of the foregoing Ordinance, in full., are on file ~n the Offi.^e of the county Clerk for use and examination by the public, I herf~rby certify that the foregoing Ordinance passed second and final reading at the meeting of the County_ Council on February 6, 1976, by the fc~ll.owing aye and no vote: AYES: Councilmen De Luz, Fujii, Hisaoka, Kawahara, L,ai Levin, Yadao and chairman Yamada - 8, NOES; Nnn~, ABSENT AND F,XCUSED; Councilman Carpenter .. 1. ~^ ~~ COUNTY CLERK COUNTY OF HAWAII