HomeMy WebLinkAboutORD 1999-083 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 80
ORDINANCE NO. 99 83
AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) AND AGRICULTURAL
(A-la) TO FAMILY AGRICULTURAL (FA-2a) AT HALEKAMAHINA, PUNA, HAWAII,
COVERED BY TAX MAP KEY 1-4-73:18.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-22, Article 8, 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 azea situated at Halekamahina, Puna,
Hawaii, shall be Family Agricultural (FA-2a):
Beginning at a pipe found at the Eastern comer of this parcel of land, also being
the Northern comer of Lot 61 of Vacationland Hawaii, Unit II, lying on the Southwest
right-of--way of Ililani Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAPOHO" being 2,236.06 feet North and
6,571.54 feet East and thence running by azimuths measured clockwise from true South:
1. 62° 14' 00" 582,01 feet along Lot 61 of Vacationland
Hawaii, Unit II to a pipe found;
2. 130° OS' 30" 263.16 feet along Lot 63 of Vacationland
Hawaii, Unit II to a spike found.;
3. 228° 00' 00" 702.77 feet along other lands of Royal
Patent 7483, Land Commission
Awazd 4452, Apana 2 to H. Kalama
to a spike set;
4. 332° 14' 00" 416.54 feet along the Southwest right-of--way of
Ililani Road to the point ofbeginning
and containing an azea of 4.885
Acres, more or less.
All as shown on the. map attached hereto, mazked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant, 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. Should the applicant, successors or assigns seek to further subdivide the subject
property, lots shall be provided with a water system meeting with the approval
of the Department of Water Supply prior to securing Final Subdivision
Approval.
D. An archaeological study/survey of the subject property shall be prepazed and
submitted for review and approval by the Planning Director, in consultation
with the Department of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD), and clearance shall be secured prior to any further land
alteration activity. Should significant historical sites be found within the subject
property which merit preservation or the implementation of mitigative
measures, the applicants shall prepaze and submit an archaeological
preservation mitigation plan for review and approval by the Planning Director,
in consultation with the DLNR-HPD, prior to any further land alteration
activity, whichever occurs first.
-2-
E. Should any remains of historic sites, such as lava tubes, rock walls, terraces,
platforms, mazine shell concentrations or human burials be encountered, work
in the immediate azea 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.
F. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towazds the requirements of the Unified Impact Fees
Ordinance.
H. 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 applicants, its successors or
assigns, and that aze not the result of their fault or negligence.
2. Granting of the time extension would not be contrazy 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.
-3-
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 yeaz).
I. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject azea 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:~
CO IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: June 23, 1999
Date of 1st Reading: June 23, 1999 ±
Date of 2nd Reading: July 8 , 1999
Effective Date: July 16, 1999
REFERENCE: Comm. 281
APPROVED AS TO FORM AND LEGALITY
CO RATION COUNSEL
DATED:
-4-
,?5 -/O
O
T,pG l O
. '
R- - 5 a
2,236.06 N
6,571.54 E O
"KAPOHO"D
~5-/O
A - la
OPEN AND °
AGRICULTURAL (A-1a)
TO FAMILY
AGRICULTURAL (FA-2a)
A - la
AREA: 4.885 ACRES
0
a
0
O
O
O A -la A -la
o HALEPUEO ROAD
O O /
A - la
O 3
o Z
g A-la
j ~ J
Y -
AMENDMENT TO THE ZONING CODE
Vacationland Hawaii, Unit II, Halekamahino, Puna, Hawaii
AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25
FROMNOPEN (0) AND AGRICULTURAL (A-taa) TO FFAMILY AGR CULTURALT(FAT 2a) ATFICATION
HALEKAMAHINA, PUNA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 1-4-73: 78 APRIL 12, 1999
EXHIBIT "A" «E~o~ R, M1LBERT~
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii r5~ ~'~~~f-%
r VOTE
AYES. NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki ~ _
Date Introduced: June 23, 1999 Chung ' ~ X
First Reading: June 23, 1999 Elarionoff X
Published: N/A Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
- Tyler X
Yagong X
8 0 1 0
Second Reading: July 8, 1999 ROLL CALL VOTE
To Mayor: July 12, 1999
AYES NOES ABS EX
Returned: July 16, 1999
Jul 16, 1999 Arakaki X
Effective: y Chung X
Published: August 2, 1999
Elarionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL >7~as adopted by the County Council pufilished a~s
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
a ,
D CORPORATION COUNSEL
C TY OF HAWAII COUNCIL CHAIRMAN
Date ~i 1 5 1999
1' CLERK
Approved/Direr~rnaed this day
~ C
of /9
/ i Bill No.: 80
jj ~t-~ t~.,:,~
MAR, COUNTY OFHAWAI/ Reference: C-281/PC-31
Ord. No.: 9.9 3