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Home My WebLink AboutORD 1980-578 1976-1980BILL NO. 614 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NCI. S"~8 AN ORDINANCE AMENDING SECTION 7.22 (THE PAHOA ZONE MAP), ARTICLE 2, CHAPTER 6 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, TO MODIFY CONDITIONS TO THE DISTRICT RECLASSIFICATION OF LAND AT KANIAHIKU HOMESTEADS, KANIAHIKU, PCENA, HAWAII, COVERED BY TAX MAP KEY 1-5-115:14. BE IT ORDAINED BY THE COUNCIL OF TFiE COUNTY OF HAWAII: SECTION 1. Section 7.22, Article 2, Chapter 8 (Zoning Code) of the Hawaii County Code, as amencied, is further amended to read as follows: "7.22(c). The district <;lassification of the following area situated at Kaniahiku Homesteads, Kaniahiku, Puna, Hawaii, shall be Residential-Agricultural (RA-.5a): Beginning at the northeast corner of this parcel of land, the southeast corner of Lot 40, Tangerine Acres, Unit I, File Plan 794, and along the west boundary of Lot 35, Kaniahiku House Lots, 2nd Series, the coordinates of said point of beginning referred to Government Survey Triangula- tion Station "PAHOA," being 4,904.59 feet South and 8,493.07 feet East and thence running by azimuths measured clockwise from true South: 1. 16° 25' 1,330.86 feet along Lots 35, 39, 41, 43-A, 43-B and 45, Kaniahiku House Lots, 2nd Series; 2. 94° 36' 45" 559.36 feet along L. C. Award 8559-B:15 to William C. Lunalilo; 3. 196° 25' 253.59 feet along Lot 20, Tangerine Acres, Unit I, File Plan 794; 4. 106° 25' 20.35 feet along same; 5. 196° 25' 1,116.65 feet along Lots 42 (40-f t. road), and 21 to 33 (inclu- sive), Tangerine Acres, Unit I, File Plan 794; 6. 286° 25' 263.94 feet along Lots 36, 37 and 38, Tangerine Acres, Unit I, File Plan 794; 7. 196° 25' 75.05 feet along Lot 38, Tangerine Acres, Unit i, File Plan 794; 8. 286° 25' 303.94 feet along Lots 43 (40-f t. road), 39 and 40, Tangerine Acres, Unit I, File Plan 794 to the point of beginning and containing an area of 17.550 acres, more or less. All as outlined in red an the map attached hereto, marked Exhibit "A" and by reference made a part hereof. [SECTION 2. Section 1 of this] This ordinance shall take effect forthwith upon the conditions that (A) [the area be zoned in two increments. The first increment shall consist of seventeen (17) lots and the second increment the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed - partially completed in the sense of having roofs on those units - on seven (7) lots within the first increment;] The area be zoned in two increments. The first increment shall consist of seventeen (17) lots, and the second increment the remaining area The effective date of zoning for the second increment shall be after residential or agricultural development or a combination of both has occurred on_twenty-five (25) ~ of the lots proposed for the entire area of 17.5 acres. "Residential develo ment" means resident dwellin units for which buildin ermits have been issued and of which construction has been completed to the extent that roofs have been erected. "Agricultural development" means the cultivation of crops, including but not limited to flowers, ve etables, foliage, fruits, fora a and timber,~ame propagation; raisin of livestock, includin but not limited to poultry, bees, fish or -2- other animal_or aquatic life that are propa ated for economic or ersonal use. An agricultural activity will be considered sub stantial if such activity is implementin a conservation program for the affected propertv(ies) as approved by the applicable soil and water conservation district directors filed with the Soil Conservation Service; or if i,t provides a maior source of income to the person(s) to reside on the property; or if the pro erty is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such a riculture dedication shall be made a deeded covenant and duly recorded with the State Bureau of_Conveyances and Planning Department The execu tion of a Farm Dwelling Agreement may also suffice in lieu of the above agricultural reguirements• and (B) the applicant, Mr. Yasuo Kuwaye, submit and secure tentative approval of a sub- division plan within one (1) year from the date of approval of the change of zone. The applicant shall also assume the respon- sibility for securing final subdivision approval of the subject area. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subject area to a more appropriate designat:ion." SECTION 2. Material to be reX>ealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. 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: Hilo, Hawaii Date of Introduction: May 7, 1980 .~~ Date of Adoption: May 21, 1980 ~~ L ME E , TY OF HAWAII Effective Date: June 3, 1980 -3- Hilo, Hawaii Date: MaY 7, 1980 FIRST READING AYES NOES q/E Dahlberg X Gomingo X Fujii X Garcia X Kawahara X Lal X Sameshima X 7ajiri X Chr. Yamashiro X - 9 0 0 Publication Gate: MAY 141980 Hilo, Hawaii Date: Mav 7 ~ SECOND & FINAL READING AYES NOES Dahlberg X Domingo X Fujii X Garcia ~ X Kawahara ~ X Lai ~ X Sameshima. ~ X l"ajiri ~ X Chc Yamashiro ~ .X 9 I 0 JUPd 1 0 193D Publication Date: A/E 0 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. __ _--- f, -- - ~ . to ` ETY ~!~ -.., , U. _,~ _ _. r ia:: ~ i ~ ','.: r} Dare. ~ ;ouU ~iaG'~~ Council Chair n Covnty Clerk /. roved/Disoporored thic_._~ ~ doy at ------ ~U ~G.---~ 19 ~ ~ /~r Mayor, Coun/ ty ni Flnwaii ~ b Bill No. 614 keierencer_C-1527/PC-160 nn.a. No. __-- -- ord. nm. ___._-~~~---- Bill No. 614 - 1980 AN ORDINANCE AMENDING SECTION 7.22, THE PAHOA ZONE MAP, ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, TO MODIFY CONDITIONS TO THE DISTRICT RECLASSIFICA- TION OF LAND AT KANIAHIKU HOMESTEADS, KANIAHIKU, PUNA, HAP7AII, COVERED BY TAX MAP KEY 1-5-115:14. This Bill amends the Pahoa Zone b1ap, as amended, modifying conditions to the district reclassification of land at Kaniahiku Homesteads, Puna. Date Introduced: May 7, 1980 Copies of the foregoing Bi11, 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 May 7, 1980, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 9. NOES: None. ~,3 p~!d.~ COUNTY C RR COUNTY OF HAWAII Garcia, ORDINANCE NO. 578 (Bill No. 614-1980) AN ORDINANCE AMENDING SECTION 7.22 .(THE PAHOA .ZONE MAP), ARTICLE 2, CHAPTER 8 (.ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, TO MODIFY CONDITIONS. TO THE DISTRICT RECLASSIFICATION OF LAND AT KANIAHIKU HOMESTEADS,. KANIAHIKU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-115:14. Date Approved: May 21, 1980 Date Effective: June 3, 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 May 21, 1980, by the following aye and no voter AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Tajiri and Chairman Yamashiro - 9. NOES: None ~j~ w`.«"~tr ASUKI ARAKAKI DEPUTY COUNTY CLERK COUNTY OF HAWAII k1 A I !r 1 till UY;ASPf - JJ/; ~ ~ ~ y`• Coune~~ClerA ~~ ~ ~~'~~~V t ~'~ ~*; is E Nf; ~~~Ql 'M9 r'.... •• p; OFFICE OF' THE COUNTI' CIEKK coun~rY o~• f fn tuna x¢o. tin wnu wpm May 21, 1980 Honorable Mayor Herbert 'P. Matayoshi County of Hawaii Hilo, Hawaii 96720 I hereby transmit Ordinance F3i11 No. tiFq _ YASUKI n Rn KAK/ Drp~~fy Cuvnrv Ue.k HARRY.A. TntiAff.95f if l~gula(ive Andilar passed by the County Council on second and fina:L reading. C12. '~. ~.e gc.~oi COUNTY CLF K Encl. Dated: May 21, 1980