HomeMy WebLinkAboutORD 1992-002 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. s27
ORDINANCE NO. 92 2
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (20NING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO
GENERAL INDUSTRIAL (MG-la) AT KALAOA 1ST - 4TH, HAMANAMANA,
HALEOHIU, MAKAULA, KAU AND PUUKALA, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-43:PORTIONS OF 1, 2 AND 3.
HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Kalaoa 1st - 4th, North Kona, Hawaii, shall be
General Industrial (MG-la):
PARCEL A:
Beginning at the Southeast corner of this parcel of land,
on the North boundary of Ooma 1st, the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "AKAHIPW" being 9,427.46 feet South
and 22,562.62 feet West and thence running by azimuths
measured clockwise from true South:
1. 86° 47' 05" 1228.13 feet along Ooma 1st;
2. 184° 50' 25" 2742.90 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
3. 274° 50' 25" 1216.00 feet along remainder of
Keahole Airport,
Governor's Eaecutive Order
No. 3074 (C.S.F.
No. 19,137);
4. 4° 50' 25" 2570.80 feet along remainder of
Keahole Airport,
Governor's Eaecutive Order
No. 3074 (C.S.F. No.
19,137) to the point of
beginning and containing
an area of 74.168 Acres.
(Refer to Parcel A as
shown on Exhibit "A").
The district classification of the following area
situated at Kalaoa 1st - 4th, Hamanamana, Haleohiu,
Makaula, Kau and Puukala, North Kona, Hawaii, shall be
General Industrial (MG-la):
PARCEL B:
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAHIPW" being
530.67 feet North and 22,939.71 feet West and thence
running by azimuths measured clockwise from true South:
1. 4° 50' 25" 4337.50 feet along remainder of
Keahole Airport,
Governor's Eaecutive Order
No. 3074 (C.S.F.
No. 19,137);
2. 94° 50' 25" 1804.00 feet along remainder of
Keahole Airport,
Governor's Eaecutive Order
No. 3074 (C.S.F.
No. 19,137);
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3. 184° 50' 25"
4. 94° 50' 25"
5. 184° 50' 25"
6. 274° 50' 25"
1287.50 feet along remainder of
Keahole Airport,
Governor`s Executive Order
No. 3074 (C.S.F.
No. 19,137);
1675.00 feet along remainder of
Keahole. Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
5800.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
2150.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
7. 4° 50' 25" 2750.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
8. 274° 50' 25" 1329.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137) to the point
of beginning and
containing an area of
932.647 Acres. (Refer to
Parcel B as shown on
Exhibit "A").
The district classification of the following area
situated at Kalaoa 1st - 4th, North Kona, Hawaii, shall be
General Industrial (MG-la):
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PARCEL C:
Beginning at the Northeast corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAAIPW" being
5,001.04 feet South and 21,600.69 feet West and thence
running by azimuths measured clockwise from true South:
1. 4° 50' 25" 1000.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
2. 94° 50' 25" 1801.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
3. 184° 50' 25" 1000.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137);
4. 274° 50' 25" 1801.00 feet along remainder of
Keahole Airport,
Governor's Executive Order
No. 3074 (C.S.F.
No. 19,137) to the point
of beginning and
containing an area of
41.345 Acres. (Refer to
Parcel C as shown on
Exhibit "A").
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors
or its assigns shall comply with all of the stated conditions
of approval; (B) subdivision plans for the first phase shall be
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submitted to the Planning Department within one year from the
effective date of the Change of Zone. Final subdivision
approval shall be secured within two years from the date of
receipt of tentative subdivision approval; (C) a traffic
monitoring program shall be coordinated with the Department of
Transportation Highways Division. Required improvements as
determined by the findings of the monitoring program shall be
installed in a manner meeting with the approval of the
Department of Transportation-Highways Division; (D) all
roadways within the airport site shall be constructed in
accordance with the requirements of the Department of Public
Works; (E) a drainage system shall be installed meeting with
the approval of the Department of Public Works; (F) should any
unidentified sites or remains such as artifacts, shell, bone,
or charcoal deposits, human burials, rock or coral alignments,
pavings or walks be encountered, work in the immediate area
shall cease and the Planning Department shall be immediately
notified. Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it finds that
sufficient mitigative measures have been taken; (G) comply with
all other applicable laws, rules, regulations and requirements
of Federal, State, and County agencies; (H) comply with
conditions of the State Land Use Commission Decision and Order,
dated January 9, 1990; (I) should the Council adopt a Unified
Impact Fees Ordinance setting forth criteria for the imposition
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of eaactions or the assessment of impact fees, conditions
included herein may, at the developer's election, be satisfied
by performance in accordance with the requirements of the
Unified Impact Fees Ordinance; (J) an annual progress report
shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this Change of Zone.
The report shall address the status of the development and the
compliance with the conditions of approval. This condition
shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges
that further reports are not required; and, (K) an extension of
time for the performance of conditions within the ordinance may
be 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, 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); and 5) if the
applicant should require an additional extension of time, the
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Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the
area to its original or more appropriate designation.
SECTION 3. In the event that any portion of the 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:
• ~ r
COUN IL MEMBE COUN ~ OF HAWAII
Hilo, Hawaii
Date of Introduction: December 18, 1991
Date of 1st Reading: December 18, 1991
Date of 2nd Reading: January 8, 1992
Effective Date: January 22, 1992
APPROVED AS TO FORM AND LEGALITY:
YiLrC.l~~~~
p~p~jj~( CORP TION COUNSEL
DATED: ~~~'• 1 1991
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RUSSELL S. KOKUBUN
Chairman & Presiding Officer
MERLE K. LAI
Vice-Chairwoman
' ~ ~J~i~~,~.
+H,
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25Aupuni Street
Hilo, Hawaii 96720
NOTE
On Bill No. 52
JAMES Y. ARAKAKI
BRIAN ). DE LIMA
TAKASHI DOMINGO
HELENS H. HALE
ROBERT H. MAKUAKANE
HARRY S. RUDDLE
SPENCER K. SCHLITTE
Ordinance No. 92-2 ,
reference is made to a map attached hereto, marked Exhibit A "
Said Exhibit is not part of the duplicate copies of this
ordinance, due to its size, but is available for viewing in the
Office of the County Clerk.
If further information is needed, call 961-8255.
(/~ - W
John A. Wagner
COUNTY CLERK