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Home My WebLink AboutORD 1980-596 1976-1980BILL No. 633 COUNTY OF HAWAII m STATE OF HAWAII ORDINANCE NO. S~~ 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, TO AMEND THE METES AND HOUNDS DESCRIPTIOrd RELATING TO THE DISTRICT RECLASSIFICATION OF LAND AT KALOKO, NORTH KONA, HAWAII, COVERED HY TAX MAP KEY 7W3-24:20. HF IT ORDAINED HY 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 further amended to read as follows: "7.01 (f). The district classification of the following area situated at Kaloko, North Kona, Hawaii, shah. be Agricul- total (A-3a): Heginning at the northeast corner of this parcel of land, being also the northwest corner of Lot 5 on the southerly side of Lot A (100 foot wide road reserve), the coordinatcs of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 15,329.84 feet south and 5,088.29 feet west and running by azimuths measured clockwise from true south: 1. 342° 00' 1426.84 feet along Lot 5 and along remainder of L. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; 2. 72° 00' 595.40 feet along R. P. 7587, L. C. Aw. 11216, Apana 36 to M. Kekauonohi; 3. 162° 00' 2000.23 feet along Lot 7 and along remainder of L. P. 8214, L. C. Aw. 7714, Apana 11 to Lota Kamehameha; 4. 315° 00' 253.69 feet along Lot A (100 foot wide road reserve) and along L. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; Thence along Lot A (100 foot wide road reserve) on a curve to the left with a radius of 650.00 feet, the chord azimuth and distance being; 5. 287° 52' 3.5j~'J" 592.68 feet to the point of beginning and containing an area of ~7.972~ 21.979 acres. All as outlined in red on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. This subsection shall take affect upon the conditions that (A) the property shall be zoned on an incremental basis. Each increment shall not exceed 13 acres of land area, or 50 per cent of the total land area of the property, whichever is greater; (B) the zoning of the successive increment(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. Por 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; game propagation; raising of livestock, including but not limited to poultry, bees, fish or other animal or aquatic life that era propagated for scone omit or personal use. An agricultural activity will be considered substantial (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applim cable soil and water conservation district directors and filed with the Soil Conservation Service, (2) if it provides a major source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agri~ culture dedication shall be made a deed covenant and duly recorded with the Planning Department and Bureau of 2 Conveyances. The 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 shall 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/representa~ five shall also secure final subdivision approval within two (2) years thereafter; (E) 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 con@ junction 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 conjunction with the receipt of final subdivision approval the petitioner or his authorized representative shall record with the Hureau of Con® veyances documents assuring the future compliance with the terms and requirements of Improvement District No. l0. Said documents shall be reviewed and meet with the approval of the Finance Director, Corporation Counsel, and the Planning Director; and 3 (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 the rezoning of the subject property to its original or more appropriate zoning designation." SECTION 2. Material to be repealed 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: 1 COUNCIb MEMBER, C~ NTY OF HAWAII Hilo, Hawaii Date of Introduction: June 3, 1980 Date of Adoption: June 18, 1980 Effective Date: June 26, 1980 4 "T'tQU~ NoRTP-i A oe ~ ~CP~Lt~ a 1 " = tC9O®~ ~~ 4 , A-coo ~ A-woe ~~ s K LOKO - AUQGA Sut-301VISION • A--'cOo A 3m ~ aJ' IS' o~gJlP`r, ylo pry tv, aAfae'6^~y1m~111g.~°'i°t,~J l'v~~~1~~ $~-~/.®t~~ ., . /1 "O imlVAA~~~l~~~1~q~~ig1 \0.y"~1~~a t0'm1m'e'~s'9~ A-coo A-ao e A-20o i~~ i~ ~ q_ ~i ~~ . ~ to ~ q_ + ~ A-fe ~3m ~~ A ~o j f ~^~ i A-r=!Oe ~ •~e ~ ~ ~P 0 A Iq A-ZOe A to A-1e A-3a A-le A -.3c A- A l0 9a ^ G'.,,~ u A A- to A-Iq 1 NJ>=`'" A-Ie A-to A-le A-.moo A-1~ UN9oLANNG~t'J ~U~ A- 3e A-to '~ NOT °7~~ ORDINANCE' NO. ~-;:;_. }°OI@ Mo~'T> =~ AND ®OUNOS ZjLPSSCI@1pTlOTV OP TML~'~~S~pg,.q~gJBVL3 Z.ON~ Ch'1ANCm~. ~p 1 g,`~~j~ ~,iVl~Nt~td9t~i"°T` N®. ~ 'i°~ ~~~°'i'I~N °g®t, °T't~~ N~1~`1"t'~ ~Nlra '~~la'T°i~ !`~~t~0~ ~1~"T'"i'~2l~"~ ~bN~ MP,1~, .~.f@'°i"'I~la.~ , ~~°lAi~`i"~t~ ~ (~,~N11~l~ ~~~~) ~~ °1'tm4.~ t°°ia~L'~o~tl ~~UN°T'7 ~®~~, ~~ ¢~0`/9'Ct~Oi°J~~, '~ ~=P°~OP,t'~P~lt'~P~ T~~ ~I~Tt~PCe"P' ~~Aa~l~I~e~`T'IC"9t,t ~I'~'~N4 ,gta"i~1~1„~1.,,°Y°1..li~At~ (,~-'~.~~) ~°~ /~•~l~'1CLIL.°1"~t'~At~, C~"~~) +~~'. 9~0~1_~4°~~, N®1~'T'i'~ t`C~hl1~, 4^°R~1pVR~,lI. ~,q-t"E~ e» F'uSt_.#C P--iG-ARING = NO`,/. 1~, t°J'T~ ~ Pm 1' "SGT f ti/ ~^ ir? fa~T t~ 1~ i.:! S` z ~.~: r.<> , (~~ ~z~.a;':, g~IRF~AT@~P~ B7' ' P°~-•ANP~1tNC t~~i°Af~2TM~N"i° ~QtJN'Ty C>~ 9'°iAYVAII _ :.< ~<> r Hilo, Hawaii t2ate: June 3 . 19 80 FIRST REAifIP1G AYES NOES A/E Dahlberg X Domingo X a`ujii X Garcfa X Kawahara X Lai X Sameshima X 7ajiri X Chr. Yamashiro X 9 0 0 Publication Date: ~uN ~ o ~g~o Hilo, Hawaii i7ate: June 18, 1980 SECOId® ~ FIPdAI I;EA®IhIG AYES NOES A/E Dah Iberg X Domingo X Fujii X Garcia X Kawahara X Lai X Sameshima X 7ajiri X Chr. Yamashiro . X 9 0 0 Publication Date: JU L 2 190 We do hereby certify that the foregoing BiLI was adopted by the County Council and published as indicated above. T _.._. A s rVr . i.~ r S i}"3 ~. '::., t~ C:,_ ~ ~ __ _ _. C _. ~ . . -~ C_.._, ~~ ~ ,, ., ii ".1 n ~ ,? Date .--'._~..1,1Y -~ ~_ ,(' ~, Council Ch~r~nan 4~/'°\, , County Clerk Bill No. 6 3 3 Reierence~ C~~~' _ PC~166 M.6, No. - -__--- AF:nrovedj _inis__-S%'_'~.-i.Z--~.__tlay of