HomeMy WebLinkAboutORD 1995-057 1994-1996COUNTY OF HAWAII :.STATE OF HAWAII
BILL NO. 56
ORDINANCE NO. 95 57
AN ORDINANCE AMENDING SECTION 25-103 (PUNA DISTRICT ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-la) TO AGRICULTURAL (A-5a) AND (A-3a) AT
POHOIKI AND KEAHIALAKA, PUNA, HAWAII, COVERED BY TAX MAP
KEY 1-3-08:24, 29 AND 31.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-103, 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 Pohoiki, Puna, Hawaii, shall be
Agricultural (A-5a):
PARCEL 3-A-3:
Beginning at the southeast corner of this parcel of land,
the southwest corner of Lot 3-A-4 and on the northwest
side of Pohoiki Road, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KALIU", being 7,394.84 feet North and
14,987.82 feet East, and running by azimuths measured
clockwise from True South:
1. 63° 30' 65.15 feet along Pohoiki Road;
2. Thence along Pohoiki Road, along a curve to the left
having a radius of
525.00 feet, the chord
azimuth and distance being:
58° 30' 91.51 feet;
3. 53° 30' 412.59 feet along Pohoiki Road;
4. Thence along Poho iki Road, along a curve to the right
having a radius of
680.00 feet, the chord
azimuth and distance being:
62° 13' 58" 206.48 feet;
5. 145° 05' 2,236.53 feet along Lot 3-A-2,
along L.P. 8094, L.C.
Aw. 8559-B, Apana 15 to
William C. Lunalilo;
6. 240° 30' 700.65 feet along R.P. 4497, L.C.
Aw. 8559, Apana 5 to
C. Kanaina;
7. 290° 18' 132.50 feet along Grant 6845 to
Robert Napalapalai;
8. 325° 05' 2,090.85 feet along Lot 3-A-9 to
the point of beginning and
containing an area of
39.299 Acres. (Refer to
Parcel 3-A-3 as shown on
Exhibit "A").
The district class ification of the following area
situated at Keahialaka, Puna, Ha waii, shall be
Agricultural (A-5a):
PARCEL 4-A-3:
Beginning at the northeast corner of this parcel of land,
the northwest corner of Lot 9-A-4 and on the southerly
side of Pohoiki Road, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KALIU", being 6,773.91 feet North and
13,504.82 feet East and running by azimuths measured
clockwise from True South:
1. 325° OS' 2,724.83 feet along Lot 4-A-4;
2. 39° 25' 93.38 feet along Former Railroad
Right-of-Way;
3. 65° 16' 113.41 feet along Former Railroad
Right-of-Way;
2-
4. 85° 39'
5. 73° 37' 30"
6. 93° 34' 30"
7. 78° 13'
8. 145° 05'
189.16 feet along Former Railroad
Right-of-Way;
193.19 feet along Former Railroad
Right-of-Way;
173.38 feet along Former Railroad
Right-of-Way;
111.36 feet along Former Railroad
Right-of-Way;
2,592.02 feet along Lot 4-A-2;
9. Thence along Lot 4-A-2, along a curve to the right
having a radius of
30.00 feet, the chord
azimuth and distance being:
200° 93' 12" 49.53 feet;
10. Thence along Pohoiki Road, along a curve to the left
having a radius of
325.00 feet, the chord
azimuth and distance being:
251° 50' 42" 51.13 feet;
11. 247° 20' 121.81 feet along Pohoiki Road;
12. Thence along Pohoiki Road, along a curve to the right
having a radius of
975.00 feet, the chord
azimuth and distance being:
248° 40' 45.37 feet;
13. 250° 00'
451.27 feet along Pohoiki Road;
14. Thence along Pohoiki Road, along a curve to the right
having a radius of
875.00 feet, the chord
azimuth and distance being:
253° 20' 101.75 feet
to the point of beginning
and containing an area of
49.195 Acres. (Refer to
Parcel 4-A-3 as shown on
Exhibit "A").
-3-
The district classification of the following area
situated at Pohoiki, Puna, Hawaii, shall be
Agricultural (A-3a):
PARCEL 9-A-5:
Beginning at the northeast corner of this parcel of land,
the northwest corner of Lot 4-A-6 and on the southerly
side of Pohoiki Road, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "KALIU", being 7,365.06 feet North and
15,040.15 feet East, and running by azimuths measured
clockwise from True South:
1. 325° 05' 1,555.93 feet along Lot 4-A-6;
2. 48° 00' 149.00 feet along Former Railroad
Right-of-Way;
3. 18° 28' 3 0" 487.09 feet along Former Railroad
Right-of-Way;
4. 11° 29' 172.18 feet along Former Railroad
Right-of-Way;
5. 30° 44' 58.66 feet along Former Railroad
Right-of-Way;
6. 112° 25' 151.91 feet along Lot 4-A-9,
along L.P. 8094, L.C.
Aw. 8559-B, Apana 15 to
William C. Lunalilo;
7. 145° 05' 1,911.63 feet along Lot 4-A-4,
along L.P. 8094, L.C.
Aw. 8559-B, Apana 15 to
William C. Lunalilo;
8. Thence along Pohoiki Road, along a curve to the left
having a radius of
730.00 feet, the chord
azimuth and distance being:
241° 40' 30" 207.61 feet;
9. 233° 30' 412.59 feet along Pohoiki Road;
_4_
10. Thence along Pohoiki Road,
along a curve to the right
having a radius of
475.00 feet, the chord
azimuth and distance being:
238° 30' 82.80 feet;
11. 243° 30' 98.73 feet along Pohoiki Road to
the point of beginning and
containing an area of
32.613 Acres. (Refer to
Parcel 4-A-5 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 applicants, its successors or assigns shall be
responsible for complying with all of the stated
conditions of approval.
B. Plans for the proposed subdivision shall be submitted
to the Planning Department and Final Subdivision
Approval secured within five (5) years from the
effective date of this ordinance.
C. Should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease
and the Planning Director shall be immediately
notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director
when it finds that sufficient mitigative measures have
been taken.
5
D. An initial 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).
5. Should the applicant require an additional
extension of time, the Planning Director shall
submit the applicant's request to the County
Council for appropriate action.
E. 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.
- 6-
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.
INTRODUCED BY:
~~,~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 5, 1995
Date of 1st Reading: April 5, 1995
Date of 2nd Reading: April 19, 1995
Effective Date: April 26, 1995
APPROVED AS TO FORM AND LEGALITY:
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---, C RPORATtlION COUNSEL
DATE : 7 /7 u ~~/ S
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AMENDMENT TO THE ZONING CODE
AMENOIN6 'SECTION 25-t03 (PUMA C15TR1CT ZONE
MAP) AIQTICL.C 3, CHAPTER ~5 (ZONING COflB) Ot°'
'T'1•iE HAWAII CoUNT`f CoOe 1a1' CHANGING THE
1715T1?ICT CI_A~35-FiCAT10N PI?OM AC3lQ1CULTUIQAI.
(A-lc'1) To A61Q1CULTURAL (A-3a) ANfl (A-5a) AT
PoHo1Kl ANG KEAHIAI-AKA, PuNA, HAWAtI.
(~IQEpARE~ 19Y _ pLANN1N6 AEf~ARTMENT
CouNTY aF HAWAII
TtvIK r I-3-o6 : ~.4, ~9 AND ~1 .TAt.I, 20, 19 95
EXHIBIT 11A° (HAKALAU FARMS, LTR~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
Introduced By: Keola Childs
Date Introduced: April 5, 1995
First Reading: APril 5, 1995
Published: N/A
REMARKS:
Second Reading: April 19. 79 5
To Mayor: April 20, 1995
Returned: April 26, 1995
Effective: April 26, 1995
Published May 3, 1995
REMARKS:
I DO HEREBY C
indicated above.
ROLL CALL VOTE
AYES NOES ABS EX
~~aki X
Bonk-Abramson X
Childs X
De Lima X
Domino X
Osorio X
Rath X
Ray X
Smith X
0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childa X
De Lima X
Domingo 7{
Osorio X
Rath X
Ray X
Smith }{
9 0 0 0
that the foregoing BILL was adopted 6y the County Council and published as
APPR VED as fo
FOR and EGAL
CORPORATION COUNSEL
COUNTY OF HAWAII
Dare APR 2 5 1995
n~~
CLERK
°f -~`~ .19 `~
~~. ~~
OR, COIIIVTY OF WAll g{ll No.: 56
Rejerrnce: C-242/PC-40
ord. No.: 95 57