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Home My WebLink AboutORD 1980-555 1976-1980BILL NO. 592 COUNTY OF HAWAII - STAT& OF HAWAII ORDINANCE NO. ~1"~~J AN ORDINANCE AMENDING SECTION 7.01, THE NORTH AND SOUTH KONA DISTRICTS ZONE MAP, ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLAS- SIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-25:06. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.01, Article 2, Chapter 8 (Zoning Code) of the Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsection: "7.01 ( e ), The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricul- tural (A-3a): Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 3, Block 5, Kaloko Mauka Subdivision Increment 1 (File Plan 994) and on the Westerly side of Hao Street, the coordinates of said point of beginning referred to Government Survey Triangula- tion Station "MOANUTAHEA" being 11,377.42 feet South and 1,702.60 feet West and running by azimuths measured clockwise from True South: 1. 23° 51' 30" 359.60 feet along the Westerly side of Hao Street to a point; Thence, following along the Westerly side of Hao Street on a curve to the left with a radius of 1,530.00 feet, the chord azimuth and distance being: 2. 13° 12' 565.52 feet to a point; 3. 2° 33' 334.09 feet along the Westerly side of Hao Street to a point; Thence, following along the Westerly side of Hao Street on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 4. 68° 51' 30" 91.57 feet to a point; 5. 135° 10' 788.48 feet along the Northerly side of Kaloko Drive to a point; 6. 171° 00' 1,196.01 feet along Lot 1, Block 5, Kaloko Mauka Subdivision, Increment 1 (File Plan 994) to a point; 7. 293° 51' 1,222.20 feet along Lot 3, Block 5, Kaloko Mauka Subdivision, Increment 1 (File Plan 994) to a point of beginning and containing an area of 24.017 Acres. All as outlined in red on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof. This ordinance shall take effect forthwith upon the conditions that (A) the property shall be zoned on an incre- mental basis. Each increment shall not exceed 13 acres of land area, or 50 percent of the total land area of the property, whichever is greater; (B) the zoning of the successive incre- ment(s) shall become effective upon subdivision of the previous increment and it shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the land. I?or the purpose of this condition "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber, gamca propagation; raising of live- stock, including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. An agricultural activity will be considered substantial if. such activity is implementing a conservation program for the affected property(ies) as approved by the applicable soil and water conservation district directors filed with the Soil Conservation Service or if it provides a major source of income to the: person(s) to reside on the property; or if the property i;> dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deeded covenant and duly recorded witki the Planning Department. The - 2 - execution of a Farm Dwelling Agreement may also suffice in lieu of the above requirements. Each lot in the previous increment must comply with one (1) or more of the above requirements prior to the effective zoning of the successive increment; (C) the petitioner or his authorized representative shall submit plans for and secure tentative subdivision approval for the first increment within two (2) years from the effective date of the change of zone. The petitioner/ representative shall also secure final subdivision approval within two (2) years thereafter; (D) the petitioner or his authorized representative sha1:L submit plans for and secure tentative subdivision approval of successive increment(s) within one (1) year from the effective date of the zoning for that increment. The petitioner/representative shall also secure final subdivision approval within two (2) years thereafter; (F's) the road design for subdivision shall be consistent with the circulation plans for the area adopted by the Planning Director; (F) the drainage system within the subject property shall be consistent with a drainage plan approved by the Chief Engineer. Said drainage plan shall be developed in conjunction with the circulation plan; (G) prior to the receipt of final subdivision approval, the petitioner or his authorized representative shall dedicate to the County any required drainage easements and access; (H) prior to or in conjuction with the receipt of final subdivision approval the petitioner or his authorized representative shall record wii;h the Bureau of Conveyances documents assuring the future <:ompliance with the terms and requirements of Improvement District No. 10. Said documents - 3 - shall be reviewed and meet with the approval of the Finance Director, Corporation Counsel, and the Planning Director; (I) all other applicable rules, regulations, and requirements shall be complied with. Should any of the foregoing conditions not be met, the Planning Director may initiate rezoning of the subject property to its original or more appropriate zoning designation." SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, 'OUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: April 2, 1980 April 16, 1980 April 21, 1980 - 4 - ~,_,;, ~ -, ,~ i~ ~ , „ ' '~I o z, --r- w~ ~ ~S Q i . .. ti 1 L+ R' j7 ENDMENT *.:~;•; k`S fi y~ ,F4k'$~ TO THE ~ ~ ~" !, LJ kk ~. f t, !m y. h ~dC ' ~~ ~ ~ ~ ~ +~ 'I+ F' ~ TE\~ pi~ L .n ..r °'! SG-'E f?RYJI N/iNPC- NO. rj )G FOR ~i' MI TLS ANn r~S OL,9 _R1p TI~vY -.f• „I~, 5~ ,~,. „~N« ZONING CODE AMENrJMCNT NO. 5 TO SECT101`J x.01, THC- NORTH AND SOUT1-i KONA DISTRICTS ZONE MAp, ARTICLC- ''cl CHApTSR 8 (ZONING COrJC--) OF THE HAWAII COUNTY CODE, AS AM'=NGED, i3T CHANGING Th-!E DISTRICT C!_A551FICA- TION FROM AGRICUt.._TURAL (P,-SOa~ TO AGRICUL'TURA1_ ~A-3o~ PS hCALOKO, NORTH KONA, HAWAII, GATE aF pU191_IC H@ARING r NOV. IS, 1°J-7 °~ C-FP ~GTIV Lam' pATB ~.. i_., :~80 OIQAINANGC- NO. 1°R CIGAR C-IO Icy = fo l_ANNI^7~G O~i°ARTM ENT CoUNT7 Or HAW AfI TMK _ ~-~-cam =0~ JAN. H°}, 19 B0 cXH 1131T "P:' 0 0 ~s ~~ U{y, J~~, ~~ ~ n ~~ ~.~~t F` ai 4 ~~ ~~~~ ~ ~ AMENDMENT TO THE F-OR / 1: N 4fR F' - cN ^Y ~ AFlr Vt ~J - tANC'C-. ZON 1 N G CODE AMENpMC-NT NO. TO SECTION '7.01, THC- NORTYi AND SOOT?-I KONA OIST'I'FICTS ZONE tvlAp, ART1Gt-C ''c, CHAp'TER 8 (zorIING cork) of TI--IC I-IAwAII couNT~y corJC--, AS AMC-NbCb, F3T CHANGING THE d1STR1CT CI..ASSIFICA- TION FROriI AGRICUI.TUrFAL (A-~oa~ TO AGRICUL'T~URAL ~A-3 o) PT KALOhCO, NOIFTN KONA, HAWAII, bATE aF I°URL_IC HEARINIG v NOV_ IS, 1°J-7 °J ~FP~CTIV~ tOATB _ AI"ISII_ ~-?!, I~t:3c'~ O1Q I~INANC C- NO. ~,"~, I°f@t=bAR C-tom py = pL ANNtNG G~I~AIQTM ENT COUNT? OP HAWAII ~ ~ NcTE: E R IN~NCL N ~-j TMK = 7-~-cam =06 JAN. cV, 19 B0 C'XHIRIT "A' . ,~-~ "o =o t- o c ;~ ~.~.~ z -- I U W ~ Q ~ „ ~ U r ,.~, ~ ~ ~ u ~> ~,,.. ,. AGRI ULTUR t_ (A-zOv) ~HF9 TO AG ICULTU AI_ !A-3v °' .AREA ~'-,4.Ot7 ACRES, / ~ A ~`~ t .~ ~~ ~ ~ / r ~,o ~~ !~ ~ ~,~~ ~J ~ - ~ I~ O( •- cT oP ~ r i. ~. c J or` n , ~ ~ ~ r Fv ~~^L 5~ ~1 n ~ -~ yby /A-H~o ~p~ / C_ CRf N/iN' C- NO ,~j rj - FOR AMENDMENT TO THE ZONING CODE AMENIOMC-NT NO. ,.Ij TO SECTION '7.01, THC- NORThi ANb SOUTH KONA p1STRICTS ZONE MAF', A1QTICLC- 'dl CHAI°TER 8 ZONING COrJCj of THE HAWAII COUNTY COpC--, AS AM>=NDC~, 13T CHANGING THE p1STIFICT CL.A551F1CA- TtoN FROM AGIQICUt_TUI'QAL. (A-HOa~ To AGIRICULTJIQAL (A-3o~ PT KAL-oKO, NOIQTH KONA, h1AWAl1. t7AT~ of I°u RLtc HEARING NOV_ IS, 1°J'7 °~ BFP BGTI~/C pATB / ,..i"I! - ~'-_', I° c~c> ORC>INANGC- NO. 55ri 1°R CIGAR C-D t9y = pLANNI~IG D~1°AfFTM ENT COUNT % 01= HAV~{All TMK = 7-.9-H~ =o~- JAfv. H4, LOBO EXH 1 31T "A' Hilo, Hawaii Dote: April 2, 1980 FIRST READING -- r AYES NOES -Dahlbarg X A/E ~'~ Domingo X ~. Fujil X ',, Garcia X Kawahara X Lai X Sameshima X Tajiri X Chf. Yamashiro X r 8 _ 0 1 Hilo, Hawaii Date: April 16, 1980 SECOND & FINAL READING AYES NOES A/E Dahlberg X Domingo X Fujil X Garcia }{ Kawahara X Lai X Sameshima Tajiri Chr. Yamashiro X X .X 9 0 _0~ Publication Date: April 8, 1981) Publication Oate:._ PA R ? 5.t98~ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~icuc~D1~~_ 11; _ A''"'S761~1T ~ _- _ ----- `l ---- Appruveu']-thi•-~~A~_da~yj of Mayor, County of Hownii - -- BiII No. ____ _- `_~ __ _~,_r____ Reierence:___C=1486/PC-143 - M.B. No. __ ____.__~~ Ord. No.._._.-..-- -____. ~ . County Clerk .~t+ ~'f^f ~^~, FZ. Q ~f(j05p1 I ~~~'!~ F ( s I. ,:,r dFFICE dF THE CdIJNTY CLE~li couNn of HAwnn HILO. HAWAII 9677.^ April 16, 1980 Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance Bill No. 592 Yesuki A; a~m;l DEPUTY COUNTY GLERK Harry A. Tak;:hashl LEGISLATIVE AUDITOR passed by the County Council on second Final reading. ~. i R. B. Le s~ COUNTY CLERIC Encl. Dated: APR 1 ~ ,"`'-''~ Bill No. 592 - 1980 AN ORDINANCE AMENDING SECTION 7.01, THE NORTH AND SOUTH KONA DISTRICTS ZONE MAP, ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3 a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX P~IAP KEY 7-3-25:06. This Bill amends the North and South Kona Districts Zone Map, as amended, by changing the district classification from Agricultural (A-20a) to Agricultural (A-3a) at Kaloko, N. Kona. Date Introduced: April 2, 1980 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on April 2, 1980, by the following aye and no vote: AYES: )ES: Councilmen Dahlberg, Fujii, Garcia, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 8. None. 3SENT & EXCUSED: Councilman Domingo - 1. Q ~. ~~ R. B. Leg pi COUNTY CLERK COUNTY OF HAWAII COYM couirir`.:c~."eaK - COUNTY Of NAWAiI (l lrf-NON TrlOyn-11f~p; Ay,ll •r ORDINANCE NO. 555 (Bill No. 592-1980) AN ORDINANCE AMENDING SECTION 7.01, THE NORTH AND SOUTH KONA DISTRICTS ZONE MAP, ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-25:06. Date Approved: April 16, 1980 Date Effective: April 21, 1980 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on April 16, 1980, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 9. NOES: None. ABSENT & EXCUSED: None. "J. / ` COTJNTY CL K COUNTY OF H WAII f~Ir~ru..ttrMw~..~nw: ~nrn Nwr