HomeMy WebLinkAboutBIL 179 Draft 03 1998-2000 COUNTY OF HAWAII : . _ ;STATE OF HAWAII
BILL NO. 179
(Draft 3)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO PROJECT DISTRICT AT
KUKIO 2ND AND MANINIOWALI, HAWAII, COVERED BY TAX MAP KEY 7-2-4:18.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, 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 area situated at Kukio 2nd and
Manini`owali, Hawaii, shall be Project District:
Beginning at the east corner of this parcel of land, on the boundary between the
lands of Kukio 1st and Kukio 2nd and on the northwest side of Queen Kaahumanu
Highway (Kailua-Kawaihae Road), Project No. 19BC-O1-71, Keahole to Anaehoomalu
Section, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "AKAHIPUU" being 18,991.62 feet North and 8,699.99 feet West
as shown on Government Survey Registered Map H.S.S. Plat 304-B, thence running by
azimuths measured clockwise from True South:
1. Along the northwest side of Queen Kaahumanu Highway (Kailua-Kawaihae
Road), Project No. 19BC-O1-71,
Keahole to Anaehoomalu Section, on a
curve to the left with a radius of
38,810.05 feet, the chord azimuth and
distance being:
45° 50' 41.38" 1203.54 feet;
2. 134° 57' 23" 40.00 feet along a jog on the northwest side of
Queen Kaahumanu Highway
(Kailua-Kawaihae Road), Project
No. 19BC-O1-71, Keahole to
Anaehoomalu Section;
3. Thence along the northwest side of Queen Kaahumanu Highway
(Kailua-Kawaihae Road), Project
No. 19BC-O1-71, Keahole to
Anaehoomalu Section on a curve to the
left with a radius of 38,850.05 feet, the
chord azimuth and distance being:
44° 15' 04" 956.42 feet;
4. 313° 32' 45" 40.00 feet along a jog on the northwest side of
Queen Kaahumanu Highway
(Kailua-Kawaihae Road), Project
No. 19BC-O1-71, Keahole to
Anaehoomalu Section;
5. Thence along the northwest side of Queen Kaahumanu Highway
(Kailua-Kawaihae Road), Project
No. 19BC-O1-71, Keahole to
Anaehoomalu Section on a curve to the
left with a radius of 38,810.05 feet, the
chord azimuth and distance being:
43° 2T 23" 121.17 feet;
6. Thence along the northwest side of Queen Kaahumanu Highway
(Kailua-Kawaihae Road), Project
No. 19BC-O1-71, Keahole to
Anaehoomalu Section on a curve to the
left with a radius of 38,810.05 feet, the
chord azimuth and distance being:
41° 41' 16.5" 2274.30 feet;
7. 149° 21' 33" 1661.46 feet along the Government Land of Awakee;
8. 135° 11' 40" 1710.24 feet along Grant 2023 to Kahaialii;
9. 121° 26' 40" 200.01 feet along Grant 2023 to Kahaialii;
10. 183° OS' 30" 313.24 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
11. 191 ° 03' 296.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government'I'ract;
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12. 248° 40' 346.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
13. 250° 22' 498.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
14. 232° 29' 652.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
15. 235° 15' 537.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
16. 226° 07' 529.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
17. 214° 30' 522.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
18. 197° 09' 335.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
19. 177° O1' 372.01 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
20. 233° 45' 498.04 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
21. 234° 13' 608.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
22. 226° 38' 393.00 feet along the remainder of Tract 1 of
Kukio-Ooma Government Tract;
23. 335° 15' 12" 3794.62 feet along Grant 2121 to Pupule to the point
of beginning and containing an area of
388.057 acres.
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All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. This project area shall be called the Manini`owali Project District. The
development period for the Manini`owali Project District will be 20 years from
the effective date of approval of the Project District Ordinance
C. The Manini`owali Project District shall consist of not more than 388.057 acres for
residential, golf course, golf clubhouse and tennis complex, open space and
ancillary related development. Any amendment to this acreage shall require an
amendment to the Manini`owali Project District Ordinance.
D. The maximum number of residential units to be allowed within the Manini`owali
Project District shall be 900 units. Any increase in the number of units shall
require an amendment to the Manini`owali Project District Ordinance. Hotel and
timeshare condominium or apartment units shall be prohibited within the
Manini`owali Project District.
E. [There shall be a 150-foot wide open space fronting Queen Ka`ahumanu
Highway. No residential or similar type developments shall be allowed in the
400-foot wide open space between the applicant's makai property line and the
state owned parcel. A copy of the metes and bounds, and proposed covenant(s) to
be recorded in the Bureau of Conveyances shall be submitted to the Planning
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Director for review and approval prior to the issuance of Final Subdivision
Approval, Final Plan Approval, or land alteration activities, whichever occurs
first. The approved covenant(s) shall be recorded in the Bureau of Conveyances
prior to the issuance of Final Subdivision, Final Plan Approval, or land alteration
activities, whichever occurs first.] The applicant shall provide perpetual open
space areas of 150 feet and 400 feet widths each, respectively, along the entire
makai (seaward) and mauka (east) boundaries of the subject property. In addition
and in order to preserve these open areas and protect the respective viewplanes, no
buildings and/or structures above ground shall be permitted within either area.
Further, prior to the first occurrence of either Final Subdivision Approval, Final
Plan Approval, or any land alteration, the applicant shall prepare, submit for prior
County approval, and then record the necessary metes and bounds descriptions
and covenants in the Bureau of Conveyances to effect such conditions in
perpetuity. A copy of the recorded [covenant(s)] document(s) shall then be
provided to the Planning Department.
F. The applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance
No. 96-160 are to be allowed in the Manini`owali Project District within the
388.057 acres for residential, golf course and ancillary related development:
I. Adult day care homes.
2. Bed and breakfast establishments, as permitted under section 25-4-7.
3. Boarding facilities, rooming, or lodging houses.
4. Commercial or personal service uses, on a small scale, as approved by the
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director, provided that the total gross floor area does not exceed one
thousand two hundred square feet and a maximum of five employees.
5. Community buildings, as permitted under section 25-4-11.
6. Crop production.
7. Dwellings, double-family or duplex.
8. Dwellings, multiple-family.
9. Dwellings, single-family.
10. Family child care homes.
11. Golf courses, and related golf course uses, including golf driving ranges,
golf maintenance buildings, golf clubhouses and restaurant associated with
the golf course.
12. Crroup living facilities.
13. Home occupations, as permitted under section 25-4-13.
14. Meeting facilities.
15. Model homes, as permitted under section 25-4-8.
16. Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
17. Public uses and structures, as permitted under section 25-4-11.
18. Temporary real estate offices, as permitted under section 25-4-8.
19. Wastewater treatment facilities.
20. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the applicant and approved by the Planning
Director.
21. Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements. [A metes and
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bounds description of the small pu'u and the foot of Pu'u Kuili within the
subject property shall be submitted with this plan.] Further, a landscapine
plan shall be submitted for the golf course and e.olf course clubhouse as
part of the plan review and approval process. Said landsca~ng shall
incorporate, wherever possible, the predominant use of appropriate native
Hawaiian plants and shall set aside areas for theirpreservation and/or
propa atg ion.
2. The minimum building site area shall be 7,500 square feet which may
include flag lots.
3. The maximum allowable height limit for Single Family Residential units
shall be thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residential
development shall be 45 feet.
5. The minimum average lot widths shall be determined by the applicant in
conjunction with its development plans.
6. The minimum yards in the Manini`owali Project District shall be as
follows:
a) Single Family Residential Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, eight feet.
(b) Multiple Family Residential Development
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one story building, plus an
additional two feet for each additional story.
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7. Exceptions to the regulations for the Manini`owali Project District
regarding heights, building site areas, and yards, may be approved by the
Planning Director within a planned unit development, or cluster plan
development.
8. The minimum off-street parking and loading space requirements for the
Manini`owali Project District will comply with the minimum standards as
required by the Zoning Code, including compliance with the American
Disabilities Act (ADA) requirements.
9. The portion of the desi¢nated landmark of Pu`u Kuili located on the south end
of the property and the smaller unnamed pu`u located at the north end of the
subiect property each shall remain in their natural state, and any construction
and/or alteration of these areas shall be prohibited in perpetuity. Further, prior
to the first occurrence of either Final Subdivision Approval, Final Plan
Approval or any land alteration the applicant shall prepare, submit For
County Plannine Director approval and then record the necessary metes and
bounds description and covenant(s) in the Bureau of Conveyances to effect
such conditions in perpetuity. A copy of the recorded document(s) shall then
be provided to the County Planning Department.
I. Final Subdivision or Final Plan Approval, whichever is applicable, shall be
secured from the Planning Director for any of the above uses prior to the issuance
of any land alteration permits for any residential development in the
Manini`owali Project District.
J. Construction of the residential units, golf course and other related improvements
shall commence only after Final Subdivision Approval or Final Plan Approval has
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been secured from the Planning Director.
K. The applicant shall provide assurance satisfactory to the Department of Water
Supply and the Planning Director, upon consultation with the State Department of
Health and Department of Land and Natural Resources, that water sources of
sufficient quality and quantity has been established. Such satisfactory assurance
can he met by the actual drilling and testing of a well site of the water source or
by the submittal of a hydrological study certifying that water sources of sufficient
quality and quantity can be established at the designated locations.
L. Upon compliance with Condition K, the actual development of the water source
and its water transmission and distribution system shall be developed in
conjunction with the subdivision approval process. Final inspection to the
residential structures shall not be issued until the approved water source is
developed and its transmission and distribution system for such source to the
subject property has been constructed. Residential building permits may be
issued for model home complexes, provided that such model homes will not be
used for residential purposes until the approved water source is developed.
M. Access(es) to the project site shall meet with the approval of the Departments of
Transportation-Highways Division and Public Works as follows:
1. Prior to or in conjunction with the first occurrence of either Final
Subdivision Approval of any increment or occupancy permit ag fining
access from the respective intersection, the applicant, with the prior
approval of the Department of Transportation, shall provide [A] a fully
channelized[,] intersection, including but not limited to deceleration,
acceleration and left-turn storage [lanes] lane, [shall be provided meeting
with the approval of the Department of Transportation prior to or in
conjunction with final subdivision approval of any increment or
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occupancy permit for the golf course gaining access from the respective
intersection.] with Queen Ka`ahumanu Hi wad The cost of such
improvements shall be borne by the applicant and may be credited to or
deducted from the applicant's fair share contribution for road and traffic
improvements, as required under Condition [(T).](U). Unless otherwise
provided herein, the location of this intersection shall be located
immediately makai (west) of the existing access to the West Hawaii
Veterans Cemetery.
2. If the applicant, the State Department of Transportation and Department of
Land and Natural Resources are unable to reach a mutually satisfactory
agreement within six (6) months of the effective date o'f this ordinance to
coordinate and locate the main access road intersection makai (west) of the
existine access to the West Hawaii Veterans Cemetery, then, in such case,
the subiect intersection shall be located at the existing permitted access
point or at some other location approved by the Department of
Transportation.
[2]3. A traffic monitoring program at the intersection of Queen Ka`ahumanu
Highway shall be submitted to and approved by the State Department of
Transportation, Highways Division, prior to receiving Final Plan Approval
for any portion of the proposed development.
[3]4. A roadway connection to the adjacent parcel along the northeast boundary
shall be reflected in any of the approved subdivision or Plan Approval and
shall be provided meeting with the approval of the Department of Public
Works[.] in conjunction with any development affecting said area.
[4]5. No lots shall have direct access from the Queen Ka`ahumanu Highway.
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N. Should access to the proiect site be situated makai of the West Hawaii Veterans
Cemetery access and if irrigation water is deemed necessary by the Coun Parks
and Recreation Department, the applicant shall provide a minimum of 1,200
alg Ions per day of irrigation or non-potable water up to the Queen Ka`ahumanu
Highway entrance to the West Hawaii Veterans Cemetery. Any extension beyond
that point would be subiect to the mutual agreement of the applicant and the
County. Said water and system shall be in place prior to or in conjunction with
issuance of occupancypermit for the proposed golf course or final subdivision
approval of any increment gaining access from the respective intersection.
Further the cost of said improvements, including the channelized and access
improvements, shall be credited to or deducted from the applicant's fair share
contribution for park and recreational improvements and facilities and road and
traffic improvements, as required under Condition U.
[N]O. A detailed drainage study, if required, shall be prepared by the applicant for review
and approval by the Department of Public Works prior to submittal of plans for
Subdivision and/or Plan Approval review of the residential and golf course,
whichever occurs first. The study shall take into consideration the the drainage
system, retention basins and `reduced turf design which may be incorporated into
the golf course. A drainage system far each phase of development in the project
area shall be installed meeting with the approval of the Department of Public
Works, prior to issuance of Final Subdivision Approval, a Certificate of
Occupancy or golf course opening, whichever occurs first.
[O]P. A Solid Waste Management Plan shall be prepared and submitted for approval to
the Department of Public Works prior to submitting plans for subdivision
approval. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of Public
Works.
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[P]Q A wastewater treatment system shall be constructed to service the residential
development meeting with the approval of the Department of Health.
[Q]R. An Emergency Preparedness and Response Plan shall be submitted for review by
the Planning Department in consultation with the Fire Department and the Civil
Defense Agency prior to the issuance of a Certificate of Occupancy for any
residential unit. The plan shall be limited to a review of the emergency roadway
network and emergency contact people or association.
[R]S. A Final Comprehensive Public Access Plan, to be developed in accordance with
applicable conditions of approval of the Land Use Commission Decision and
Order (Docket No. A92-677) and Land Exchange Agreement, shall be submitted
in conjunction with golf course plans submitted for plan approval review or with
any residential development, whichever occurs first. The plan shall be submitted
for the review and approval by the Planning Director, upon consultation with the
Department of Land and Natural Resources (DLNR), and shall include mauka-
makai, bike, pedestrian and vehicular access; parking areas and restroom facilities
on State land located makai of the subject property and at locations approved by
the DLNR, signage, emergency response considerations, restrictions on use (if
any), and related improvements. Implementation of the public access plan shall
be completed no later than the opening of the golf course or Final Subdivision
Approval of any residential increment.
[S]T. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code, relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to Final
Subdivision approval of any portion of the residential area.
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[T]U. The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
contribution shall be the sum which is the product of mu]tiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval far any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each increment
shall be a sum calculated in the same manner according to the number of proposed
residential lots in each such increment. The fair share contribution, in a form of
cash, land, facilities or any combination thereof, acceptable to the director in
consultation with the affected agencies, shall be determined by the County
Council. The fair share contribution shall have a maximum combined value of
$7,239.16 per single-family residential unit and $4,645.29 per multiple-family
residential unit. Based upon the applicant's representation of intent to develop
up to nine hundred single family_and multiple-family residential units, the
indicated total of fair share contribution is $6,515,244.00 for single-family
residential units. However, the actual amount shall be increased or reduced in
proportion with the actual number of single family and multiple family units
according to the calculation and payment provisions set forth in this
Condition [T.] U. The fair share contribution shall be allocated as follows:
I. $3,490.85 per single-family residential unit for an indicated total of
$3,141,765.00 to the County to support park and recreational
improvements and facilities;
1. $168.40 per single-family residential unit for an indicated total of
$151,560 to the County to support police facilities;
2. $332.61 per single-family residential unit for an indicated total of
$299,349 to the County to support fire facilities;
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3. $145.62 per single-family residential unit for an indicated total of
$131,058 to the County to support solid waste facilities; and
4. $3,101.68 per single-family residential unit for an indicated total of
$2,791,512.00 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually beginning
three years after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair
share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Condition M shall be credited against
the sum specified in Condition [T] U (5) for road and traffic improvements[.], and
the cost of providing and constructing the improvements in Condition N shall be
credited against the sum specified in Condition U(5) and (I For purposes of
administering Condition [T,] U the fair market value of land contributed or the
cost of any improvements required or made in lieu of the fair share contribution
shall be subject to review and approval of the director, upon consultation with the
appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its information
that identifies the specific approved fair share and/or in lieu contributions, as
allocated, and further implementation requirements.
[U]V. An Archaeological Data Recovery Plan and Preservation Plan shall be submitted
for the review and approval by the Planning Director in consultation with the
Department o'f Land and Natural Resources-Historic Preservation Division
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(DLNR-HPD). The Plan shall consist of three subplans: (1) an archaeological
data recovery plan for the sites to undergo data recovery, (2) a detailed interim
protection/preservationphn For the sites to undergo preservation, and (3) an
interpretation plan which shall include buffer zones, signage and long-range
preservation concerns which may be submitted at a later date. Proposed
mitigation treatment (preservation in place or disinternment/reinternment) for
burial sites within the subject property shall be approved by the Historic
Preservation Division's Hawaii Island Burial Council before detailed mitigation
plans are finalized for these sites. A copy of the approved Final Archaeological
Data Recovery Plan and Preservation Plan shall be submitted to the Planning
Director for its files prior to submitting plans for subdivision review or prior to
any approval for any land alteration permits, whichever occurs first.
[VJW. 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 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 is found that sufficient mitigative
measures have been taken.
[W]X. 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 towards the requirements of the Unified Impact Fees
Ordinance.
[X]Y. The applicant shall comply with all conditions of approval of the Land Use
Commission Decision and Order (Docket No. A92-677) and Exchange Deed and
Agreement to Exchange dated December 28, 1990 (Document No. 92-038660),
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and shall not seek any amendments to said Agreement. A copy of the written
documentation of compliance with these conditions shall also be submitted to the
Planning Director.
[Y]Z. Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the subject
property.
[Z]AA.An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this Project District Ordinance. The
report shall address in detail the status of the development, the number of units
constructed, sold and occupied 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 Director acknowledges that further
reports are not required.
[AA]BB.Twenty (20) years from the effective date of the Manini`owali Project District
Ordinance, the applicant shall submit a Detailed Status Report of the Project,
including the number of units completed and other related construction
development. This Detailed Status Report shall be submitted to the Planning
Department for transmittal to the Planning Commission for their review and
recommendation and then forwarded to the County Council for their review and
action.
[BB]CC.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
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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 Project District.
(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) If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
[CC]DD.Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area 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.
INTRODUCryE'D B~' '
y~J~?r-~~ ~_k..-{ w ~ f~<.<v~ it LS;~.G'
OU'IVCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Dale of Introduction:
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Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
rctFERENCFs Comnk 566.002 _ _
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