ORDINANCE NO.
1535
BILL NO.
18
(1986)
A BILL FOR AN ORDINANCE CHANGING ZONING FROM
AGRICULTURAL TO CONDITIONAL ZONING (AIRPORT DISTRICT) FOR
PROPERTY LOCATED IN KAHANA AND MAHINAHINA, LAHAINA, MAUI, HAWAII
BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:
SECTION
1. That portion of property situated at Kahana and
Mahinahina, Lahaina, Maui, Hawaii, as herein described, is
designated Airport District.
All of that certain parcel of land (being a portion of Grant
1166 to D. Baldwin, J. F. Pogue and S. E. Bishop) situated at
Kahana and Mahinahina 1-2-3, Lahaina, Island and County of Maui,
State of Hawaii, and being more particularly described as
follows:
Beginning at a point, at the Southwest corner of this lot,
the coordinates of which referred to Government Survey
Triangulation Station "MANINI" being 10,644.90 feet North and
9,297.51 feet West and running by azimuths measured clockwise
from True South:
1.
208° 00'
2.
118° 00'
3.
208° 00'
4.
298° 00'
1,170.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
585.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
850.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
585.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
5.
208° 00'
2,180.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
6.
298° 00'
400.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
7.
28° 00'
4,200.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop;
8.
118° 00'
400.00 feet along the remainder of
Grant 1166 to D. Baldwin,
J. F. Pogue and S. E.
Bishop to the point of
beginning and containing
an area of 49.983 acres;
as per survey of Robert T.
Tanaka, Registered
Professional Engineer &
Land Surveyor No. 1754,
dated April 29, 1985.
And further identified as Tax Map Key 4-3-1: portion of
parcel 31 containing 50 acres, more or less, and as shown more
particularly on the map entitled "Land Zoning Map No. 961" on
file in the office of the Department of Planning of the County of
Maui.
SECTION 2. The zoning established by this ordinance is
subject to the following conditions imposed in accordance with
Chapter 19.42, Maui County Code:
1.
That said approval shall be based on revised plans, as
amended December 1985, and identified as Amended Exhibits 1
through 5, and upon all other documentation submitted with
the subject application (including, but not limited to the
"Petition for District Boundary Amendment for Hawaiian
Airlines, Inc."). No material and/or substantative changes
shall be made without the approval of the Maui County
Council.
2.
That the runway, runway apron and other facilities shall not
be expanded, nor shall any portion of the runway safety area
be paved or utilized for displaced landing or takeoff
thresholds.
3. That the concession area shall be limited to the 5040 square
feet designated in the revised plans and shall
not
contain
more than one cocktail lounge, one snack bar, one restaurant
and one newsstand.
4.
That the airstrip operations shall be limited to daylight
hours (1/2 hour after sunrise and 1/2 hour before sunset).
5.
That there shall not be more than three car rental booths.
6.
That onsite parking or storage of rental cars shall not be
allowed.
7.
That the Mayor of the County of Maui or his designated
representative shall be designated a member of any Users'
Committee which may be established to oversee flight
scheduling, operations, and management of the facility.
8.
That the applicant shall submit and enforce a comprehensive
sign program subject to review and approval by the Planning
Department. In addition, the applicant shall provide street
and highway directional signs as may be required by the
State or County.
9.
That a final landscape planting plan shall be submitted to
the Planning Department for review and approval.
10.
That the applicant shall comply with all requirements of the
State Department of Transportation, Highways Division.
11.
That construction of the project shall be initiated within
one year of the final approval of said Change in Zoning.
12.
That appropriate measures shall be taken during construction
to mitigate the short term impacts of the project relative
to soil erosion from wind and rain, and increased ambient
noise levels.
13.
That the applicant, its successors and assigns, shall
protect, defend, indemnify and hold harmless the County of
Maui from and against any loss, liability, claim, or demand
arising out of this ordinance.
14.
That full compliance with all federal, state and county
requirements shall be rendered.
15.
That all aircraft operated at the airstrip, including
without limitation applicant's aircraft, and aircraft of
licensees of applicant, shall have a current "Aircraft Type"
or "Airworthiness" certificate or its equivalent issued by
the Federal Aviation Administration ("FAA") certifying that
such aircraft generates noise levels no greater than the
following:
(1)
For propeller-driven aircraft of 12,500 pounds or
less maximum FAA certificated takeoff weight only: The
maximum allowable noise levels for "propeller-driven small
airplanes" under Appendix F to Part 36, "Noise Standards:
Aircraft Type Airworthiness Certifications," Title 14, Code
of Federal Regulations (January 1, 1978), as the same may be
amended from time to time, with noise levels measured and
corrected as provided in such appendix, but in no event in
excess of a noise level of 80dB(A) measured pursuant to said
Appendix F; and
(2)
For all other aircraft: The "Effective Perceived
Noise Levels," as that term is defined in said Part 36,
under conditions of "Takeoff," "sideline," and "approach,"
as those terms are defined in said Part 36, in units of
"EPNdB," as that term is defined in said Part 36, measured
as provided in said Part 36, as follows:
(a)
for takeoff: 80.5 EPNdB;
(b)
for sideline: 84 EPNdB; and
(c) for approach: 91.6 EPNdB.
16. That if, and only to the extent such changes to the
intersection of Lower Honoapiilani Road and Akahele Street
are required to be made as a result of applicant's airstrip
operations, applicant will participate with the County of
Maui in (a) the signalization of the intersection and (b)
the design and planning of any required street widening of
Akahele Street within 100 feet of the intersection.
SECTION 3. Should any section, clause, or phrase of this
ordinance be for any reason held invalid by a court of competent
jurisdiction, such decision(s) shall not affect the validity of
the remaining portion of this chapter.
SECTION 4. This ordinance shall take effect upon approval.
APPROVED AS TO FORM
AND LEGALITY:
Ai‘Nde
Corporation Counsel
County of Maui
WE HEREBY CERTIFY that the foregoing BILL NO.
18
(1986 )
1.
Passed FINAL READING at the meeting of the Council of the County of Maui, State of
Hawaii, held on the
21st
day of
March
,
1986 , by the following votes:
COUNCIL MEMBERS
Abraham
AIONA
Goro
HOKAMA
Chairman
Howard S.
KIHUNE
Vice-Chairman
Linda
LINGLE
E. Lee
LIU
Robert H.
NAKASONE
Wayne K.
NISHIKI
Charles S.
OTA
Velma M.
SANTOS
Aye
Aye
No
No
Aye Aye
No
No
Aye
2.
Was transmitted to the Mayor of the County of Maui, State of Hawaii, on the
21st
day
of
March
,
19 86 .
DATED AT WAILUKU, MAUI, HAWAII, this
21st day
of
86 .
GORO HOKAMA, CHAIRMAN,
Council of the County of Maui
MANUEL K. OISHI, COUNTY CLERK,
County of Maui
THE FOREGOING BILL IS HEREBY APPROVED THIS
,21,1
et
..
DAY OF 71
1
-411
4
k
, 19 86
HANNIBAL TAVARES, MAYOR,
County of Maui
I
HEREBY CERTIFY that upon approval of the
foregoing
BILL by the
Mayor of the County of
Maui, the said
BILL
was designated as ORDINANCE NO. 1535 of the County of Maui, State
of Hawaii.
Passed First Reading on February 21, 1986.
Effectiv&rdate of Ordinance March 24, 1986.
C:t
LIJ
)
MANUEL K. OISHI, COUNTY CLERK,
County of Maui
I HEREBY CERTIFY that the foregoing is a true and correct copy
of Ordinance No.
1535 ,
the original of which is on
file in
the Office of the County Clerk, County of Maui, State of Hawaii.
Dated at Wailuku, Hawaii, on
County Clerk, County of Maui
