HomeMy WebLinkAboutORD 2016-082 2014-2016COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 210
AN ORDINANCE AMENDING ORDINANCE NO. 889, (FORMERLY KAMUELA
ZONE MAP, CURRENTLY LALAMILO PU`UKAPU ZONE MAP) WHICH
RECLASSIFIED LANDS FROM AGRICULTURAL — FORTY ACRES (A -40a) TO
AGRICULTURAL — FIVE ACRES (A -5a) AT PU`UKAPU HOMESTEADS, 2ND
SERIES, SOUTH KOHALA, HAWAII COVERED BY TAX MAP KEY 6-4-017:023,
064-067 AND 078 (FORMERLY 6-4-017:023).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 889 is amended as follows:
"Section 1. Section [7-.09] 25-8-11, Article [2-] 8, Chapter [S] 25 (Zoning Code) of the
[Hawaii} Hawai`i County Code 1983 (2005 Edition), [as] is amended, [is i,fthe~ affien ea to ad
a new ubse do to read] to change the district classification of property described hereinafter
as follows:
[27.09(r).] The district classification of the following area situated at [fit]
Pu`ukapu Homesteads, 2nd Series, South Kohala,[14awaii] Hawaii, shall be Agricultural —55
acres (A -5a):,
SECTION 2 In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition) the County Council finds the following conditions are:
(1) Necessaryprevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with,respect to:
Protection of the public from the potentially deleterious effects of
the proposed use, or
Fulfillment of the need for public service demands created bythe
proposed use.
(A) the petitioner, successors or its assigns shall be responsible for complying with all of
the stated conditions of approval;
(B) the area be zoned in two increments. The first increment shall consist of a maximum
of seventeen contiguous acres, and the second, the remaining area;
te the Cotmeil en eaeh of the lots %ifliin the first inefement. For- the pufpase of this
eendifien "
shall be defined as the eultivatien of er-eps, ineluding btit
meted to flowers, vegetables, €elia,.o, fizaAs, for -age and timber; game pr-epagation;
raising of
lrvts+ vz%, i.1,1,,. but erlimited to 1...", b..,, fish ..othe. »...al
..
aqeafie life that .e propagated foree6-rsenal
use A,, a „1+,,,..,1 .,e fixity will
pr-ed-uetieft,-
greater- tor-han ,1 to that ,..1,;..1, .. „1.1 be aelAeye.1 ei ltift Lper-eo«,+ of the „sable 1.,,,.7
(C) 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.
(D) subdivision plans for the first increment shall be submitted within one year from the
effective date of this ordinance. Final subdivision plans for the first increment shall be
submitted within one year from the effective date of tentative subdivision approval;
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(E) subdivision plans for the second increment shall be submitted within one year from
the effective date of the zoning for that increment. Final subdivision plans for the second
increment shall be submitted within one year from the effective date of tentative
subdivision approval;
(F) access(es) for the proposed subdivision shall meet with the approval of the Chief
Engineer;
(G) a drainage improvement plan, meeting with the approval of the Chief Engineer, shall
be developed;
wherete a ffiaidmum of ene half aer-e per- let. "Fann dwelling" asused herein
LLgIIVLL1 LLll Kl KVLI YIL
r n r nAHH � �`
shall�sed for- eultffal puTeses-ei1., The restrintWe n o nts n ntai oa her-
with the land and shall be ineer-per-ated irate-anydeedl ,
gaothe . inst ,,w ent of n,.fwo<,anee eeuted f the n,, eet pr-opert-y0es);] and
[{�)] all other applicable rules, regulations and requirements shall be complied with.
Should any of the forgoing conditions not be met, rezoning of the area to its original or
more appropriate designation may be initiated."
SECTION 2. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In re -printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
Hilo , Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 889
INTRODUCED BY:
CINEMA
MORMIMANOW;
June 15, 2016
June 15, 2016
August 3, 2016
August 18, 2016
M
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Greggor
Ilagan (B/R)
Date Introduced:
June 15,
2016
First Reading:
June 15,
2016
Published:
July 2,
2016
REMARKS: July 7, 2016 - Postponed
Second Reading: August 3, 2016
To Mayor: August 11, 2016
Returned: August 18, 2016
Effective: August 18, 2016
Published: September 3, 2016
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
Paleka
X
Poindexter
X
Wille
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
Paleka
X
Poindexter
X
Wille
X
9
0
0
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. 7D --
JCOUL CH " IRP ON
Approve isapproved this ` dayof p�/ club�, 20. Y CLERK
Bill No.: 210
MAYOR, COUNTYOFHAWAFIReference: C-889/PC-67
Ord No.: iG 82