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Home My WebLink AboutORD 1977-298 1976-1980,/ BILL NO. 273 (SECOND AMENDMENT) COUNTY OF HAWAII - ;;TATE OF HAWAII ORDINANCE NO. `p,,,9B AN ORDINANCE RELATING TO THE DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO THE KALAPANA-KAIMU AREA. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. FINDINGS AND PURPOSE It is the finding of the County Council that in recent years, actions have been initiated which may irreversibly affect the Kalapana-Kaimu region. In particular, such actions pertain to land use changes which would intensify activities in the area to a greater degree than what exists at the present time. A Special Permit was granted to allow the development of 350 hotel units and 74 condominium units and a request for extension of a time condition is now pending before the Land Use Commission and a resort change of zone request for a drive-in facility was granted by the County Council. The County Council finds that public concerns over the implementation of the General Plan for the subject area still exists. 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 continued finding of the County Council that such public concerns merit serious consideration before irreversibly committing more of the Kalapana-Kaimu area for resort and/or higher density uses. The County Council further finds that a Puna Community Development Plan (CDP) is nearing completion and is expected to be completed before December 31, 1977. The CDP is to serve as a specific guide for the area pursuant to the goals and objectives of the General Plan. The CDP will also 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 continuing to retain the Kalapana-Kaimu area as an area for resort or higher density uses. Additionally, the General Plan Land Use Pattern Allocation Guide Map :Cs being updated and should be available for County Council consideration before December 31, 1977. Both planning efforts have and will continue to include extensive citizen participation, an ingredient necessary to develop responsive and implementable plans. It is the further finding of the County Council that in view of the public concerns arcd impending General Plan update and Puna Community Development: Plan efforts, it 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 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 and future situation as regard to an environmental impact and -2- reassessment of the entire ax•ea for present living conditions, future living conditions, and'. also future development possibilities. The purpose of this ordinance is, therefore, to defer action on requests involving the rezoning of lands for resort, commercial, industrial and multi-family residential uses in the Kalapana-Kaimu area 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 Council and the Planning Commission, respectively, or December 31, 1977, whichever is sooner. SECTION 2. DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE). Notwithstanding any provision of the County Code to the contrary, any action on requests involving the rezoning of lands for resort, commercial, industrial and multi-family residential uses 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 Council and the Planning Commission, :respectively, or December 31, 1977, whichever is sooner: Tax Map Keys: 1-2-01 1-2-06 1-2-15 1-2-02 1-2-11 1-2-16 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 1-2-29 1-2-32 -3- SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: ~I`yYkV / ~t~A,.t..L,/ COUNCIL MEMBER, COU TY OF HAWAII Hilo, Hawaii Date of Introduction: January 5, 1977 Date of Adoption: F.ugust 17, 1977 Effective Date: F.uclust 26, 1977 -4-- Hilo, Hawaii Date: January 5, 1977 FIRST READING AYES NOES A/E Dahlberg x Domingo x Fujii x Garcia X Kawahara X Lai X Sameshima x Yamashiro x Chr. Tajiri g 9 Publication Date January 9, 1977 Hilo, iiawaii Date: F.ugust 17, 1977 SECOND & FINAL READING AYES NOES A/E Dahlberg x Domingo yr Fujii X Garcia X Kawahara X Lai X Sameshima x Vamashiro x Chr. Tajiri -X 9 Publication Date: 'y eptember 1, 1977 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. 1 ~ r,9 .o I _' _ ~ !".. _. _. Datu - . - . .. ~n.__.~ ___...___.. _____.._~® ~\ ~ µ. Council Ch an / // // County Clerk Bill No. __Y73,__ Reference:_~16 __ M.B. No. _-~~p __ Ord. No. _.-~-~.7-.-_.._. pproved/ isapproved thi~day of R. B. Legasoi COUNTY CLERK /,r '~ \ 7 ~~ • •S N ' OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 9672^ Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance Bill No.%73 Vasukl Arakakl DEPUTY COUNTY CLERK Harry A. Takahashi LEGISLATIVE AUDITOR passed by the County Council on second final reading. . ~' ~C COUNTY CLERK ~ ~ Encl, Dated: HERBERT T. MATAYOSHI MAYOR COUNTY OF HAWAII OFFICE OF THE CORF'O RATION COUNSEL 25 AUPUNI STREET HILO. HAWAII 9620 July 22, 1977 Honorable Takashi Domingo, Chairman Committee on Planning County Council County of Hawaii Hilo, Hawaii 96720 Dear Mr. Domingo: RE: BILL 273 (AMENDED) AND C-55.1 STEPHEN G. BESS X>Xz~Y~,KY~XXXi3tX CORPORATION COUNSEL TELEPHONE NO. 9618251 Enclosed is Bill 273 (Second Amendment) for your consideration. Planning Commission's recommendations were incorporated. Very truly yours, ~~ EARL T. N ASATO Deputy Corporation Counsel ETN:mm Enclosure ~ ~ "` cc: Mayor Council Chairman dt=' \~Ly~ f OFFICE OF THE COUNTY CLERK NAWAII COUNTY BUI4DING COUNTY Oi HAWAII HIlO, HAWAII 967Y0 January 17, 1977 Refer: gill 273/PC-2 To: Planning Director Re: Deferral of Amendments to 2,oning Gode ielating To Kalapana-Kaimu Area The following is the action of the Hawaii County Council adopted at its meeting held today _-. Eecommend amendment to Section 2 of Bill 27'3 and refer said bill, as amended'., to the Planning Director for consideration. COUNTY CLERK BILL NO. 2~~3 (AMENDED) COUNTY OF HAWAII - ;;TATE OF HAWAII ORDINANCE NO.. AN ORDINANCE PELATING TO THE DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO THE KALAPANA-KAIMU AREA. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. FINDINGS ANL) PURPOSE It is the finding of the County Council that in recent years, actions have been initiated which may irreversibly affect the Kalapana-Kaimu region. ]: n. particular, such actions pertain to land use changes which would intensify activities in the area to a greater degree than what exists at the present time. A Special Permit was granted to allow the development of 350 hotel units and 74 condominium units and a request_ for extension of a time condition is now pending before the Land Use Commission and a resort change of zone request for a drive-in facility was granted by the County Council. The County Council finds that public concerns over the implementation of the General Plan for the subject area still exists. 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 continued finding of the County Council that such public concerns merit serious consideration before irreversibly committing more of the Kalapana-Kaimu area for resort and/or higher density u:;es. The County Council furthfar finds that a Puna Community Development Plan (CDP) is nearing completion and is expected to be completed before December 31, 1977. The CDP is to serve as a specific guide for the area pursuant to the goals and objectives of the General Plan. The CDP will also 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 continuing to retain the Kalapana-Kaimu area as an area for resort or higher density uses. Additionally, the General Plan Land Use Pattern Allocation Guide tdap i.s being updated and should be available for County Council consideration before December 31, 1977. Both planning efforts have and will continue to include extensive citizen participation, an ingredient necessary to develop responsive and impleme~ntable plans. It is the further finding of the County Council that in view of the public concerns and impending General Plan update and Puna Community Development. Plan efforts, it 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 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 and 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 possibilities. -2- The purpose of this ordinance is, therefore, to defer any rezoning actions in the Ka]_apana-Kaimu area until such time as the General Plan Land Ilse Pattern Allocation Guide Map revision and the Puna Community Development Plan are completed and adopted by the County Council and the Planning Commission, respectively, or December 31, 1977, whichever is sooner. SECTION 2. DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE). Notwithstanding any provision of the County Code to the contrary, final granting of re~:oning requests for properties identified by the following tax map keys, dated March L0, 1975, shall be deferred from the effective date of this ordinance until such time as the General Plan Land Use Pattern Alloca- tion Guide Map revision and they Puna Community Development Plan are completed and adopted by the County Council and the Planning Commission, respectively, or December 31, 1977, whichever is sooner: Tax Map Keys: 1-2-01 ].-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 ].-2-14 1-2-28 SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: " ' . ~6IIR~FfE A A Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: d ~~ ~~' \ ~di~. r 3z: j: ~i-:_.:- DFFICE OF THE COUNTY CLERK NAWAII COUNTY 6UILDING COUNTY OF NAWAII MILD, NAWAII 967T0 Jan~rY 5, 1977 Refer: gill 273 To: Mid , RAYMOND SUEF'UJI PLANNING DIRECTOR Re: DEFERS AMIIdDMEP1T TO ZONING CODE RELATING TO KALAPANA_KAIMIT AREA The following is the action of the Hawaii County Council adopted at its meeting held t~aAy , Adopt Bill 273 on first reading and refer to Planning Director and the Committee on Planning for their consideration,. COUNTY CLERK ~yl The purpose of this ordinance is, therefore, to defer any rezoning actions in the I<alapana-Kaimu area 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 Council and the Planning Commission, respectively, or December 31, 1977, whichever is sooner. SECTION 2. DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE). 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 *4arch 10, 1975, shall be deferred from the effective date of this ordinance until such time as the General Plan Land Use Pattern Allocation Guide ~4ap revision and the Puna Community Development Plan are completed and adopted by the County Council and the Planning Commission, respectively, or December 31, 1977, whichever i:~ sooner: Tax Map Keys: 1-2-01 1-2-02 1-2-03 1-2-04 1-2-OS SECTION 3. This ordi~ approval. :L-2-06 1-2-15 1-2-29 .L-2-11 1-2-16 1-2-32 1-2-12 1-2-17 ]'_-2-13 1-2-18 ].-2-14 1-2-28 iance~ shall take effect upon its INTRODUCED BY: COUNCIL MEMBER, COUJQTY OF HAWAII xilo, Hawaii Date of Introduction: January 5, 1977 Date of Adoption: Effective Date: -3- Bill No. 27:t - 1977 AN ORDINANCE RELATING TO THE DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTX CODE, AS AMENDED, RELATING TO THE KALAPANA-KAIMU AREA. This Bill defers amendment to Chapter 8, Zoning Code, relating to the Kalapana-Kaimu area. Date Introduced: January 5, 1.977 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. i hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on January 5, 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 9. NOES: None. COUNTY CLERK COUNTY OF HAWAII ORDINI,NCE Na. ; 9a (Bill No. ~'13-1977) PDi ORDIN'AL7CE RELATING TO THL++' DES'ERP.AL OZ' AMENDv1ENTS TO CHAPTER. 8 CONING COLE) GI~ THE HAWI'.II COU2STY CODE, AS F.MENDLD, RELATING TC' THE KALAPANF,-Y.AIMU AREi'~,. Date P.pproved: August 17, 1977 Date Effective: August 26, 1977 Copies of the foregoing Ord~_nance, in full, are on file in the Office of the County Clerk for use and examination by the }public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on P.ugust 17, 1977, by the following aye and no vote: FoYES: Councilmen Dahlberg, Domingo, I'ujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 9. NGE.S: None. ~.~. ~ COiJNTY CLF;R . COUt77.'Y OF HAI'~'PII