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HomeMy WebLinkAboutORD 1980-656 1976-1980BII?L No . 69~ COUNTY OF HAWAII -~ STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.06 (THE NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE H~`~,~°r?~II COUNTY CODE, AS AMENDED, TO MODIFY CONDITIONS TO THE DISTRICT RECI.,ASSIFICATION OF LAND AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6~2~05:19 (FORMERLY PORTION OF 6®2@01:17). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.06, Article 2, Chapter 8, (Zoning Code), of the Hawaii County Code, as amended, is further amended to read s,s follows: "7.06 ( 1 ). 'The district classification of the following area situated at Ouli, South Kohala, Hawaii, sha~.l be Agricultural (A®3a) Bega~nning at a "~-" in concrete (Found) at the Northwest corner of this parcel. of land, the coordinates of •,~~hich referred to Government Survey Triangulation Station "PUU PA" Being 12,528.19 feet North and 24,110.83 feet ~~~est, and running by azimuths measured clockwise from True South: 1. 273° 13' 40" 2,575.50 feet along Government Land to a "~-" in concrete (found) ; 2. 265° 40' 10" 2,835.30 feet along Government Land to a "~-" in concrete (found) ; 3. 271° 02' 4,656.20 feet along Government Land to a "+" in concrete (found); 4. 275° 27' 4,362.70 feet along Government Land to a "+~" in concrete (found) ; 5. 257° 27' 50" 949.55 feet along Government Land to the Northwest side of Kawaihae Road; 6. 53° 39' 40" 646.14 feet along the Northerly side of Kawaihae Road; 'Thence along the Northerly side of Kawaihae Road, on a curve to the right c.aith a radius of 447.50 feet, the ehord azimuth and distance being: 7. 79° 55' 10" 395.97 8. 106° 10' 40" 1,010.90 9. 100° 06' 10" 309.55 10. 94° Ol' 40" 2,071.97 11. 97° 23' 40" 220.81 12. 100° 45' 40" 220.60 13. 95° 52' 10" 493.72 l4. 90° 58' 40" 150.75 15. 65° 37' 25" 639.15 16. 40° 16' 10" 303.39 feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the left with a radius of 1,462.50 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 1,880.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the left with a radius of 2,895.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the left with a radius of 746.30 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 543.00 feet, the chord azimuth and distance being: ~2@ 17. 73° 19' 55" 592.47 18. 106° 23` 40" 2,589.71 19. 89° 58' 40" 664.72 20. 73° 33' 40" 179.62 2l. 77° 52' 25" 857.24 22. 82° 11' 10" 1,667.05 23. 84° 04' 10" 374.65 24. 85° 57' 10" 118.24 25. 80° 48' 25" 348.00 26. 165° 39' 40" 10.00 27. 75° 39' 40" 77.52 feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on ~, curve to the left with a radius of 1,176.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 5,700.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 5,700.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the left with a radius of 1,940.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 676.30 feet, the chord azimuth and. distance being: m3~ 28. 88° 54' 10" 309.82 29. 12° 08' 40" 10.00 30. 102° 08' 40" 88.12 31. 83° 47' 10" 379.84 32. 65° 25' 40" 732.79 33. 90° 10' 10" 343.86 34. 114° 54' 40" 16.65 35. 110° l2' 58" 122.18 36. 167° 5l' 40" 487.35 37. 161° 09' 15" 273.49 38. 233° 47' S0" 225.00 feet; feet along the Northerly side of Kawaihae Road; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the left c~rith a radius of 603.00 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 410.80 feet, the chord azimuth and distance being: feet; feet along the Northerly side of Kawaihae Road; Thence along the Northerly side of Kawaihae Road, on a curve to the left with a radius of 746.30 feet, the chord azimuth and distance being: feet; feet along remainder of land Commission Award 85185, Apana 1 to James Young Kanehoa, to a pipe in concrete; feet along remainder of hand Commission Award 8518-5, Apana l to James Young Kanehoa; feet along Land Commission Award 8515-5, Apana l to Keoni Ana, to the point of beginning and containing a gross area of 103.177 sores and a net area of 103.085 acres, after deduct ing and excluding 'l'ank Sites Nos. 2 and 3 described as follows: -4-~ Peginning at the Southeast corner of this tank sits No. 2, on the Northerly side of Kawaihae Road, the coordinates of said point of beginning referred to Government Survey 'I'rian~ gulation Station "PUU PA" being 12,338.77 feet North and 13,069.52 feet West, and running by azimuths measured clock- wise from firue South: Along the Northerly side of Kawaihae Road, on a curve to the right with a radius of 1,880.00 feet, the chord azimuth and distance being: 1. 95° 42' 10" 50.00 feet; 2. 185° 42' 10" 30.00 feet; 3. 275° 42' 10" 50.00 feet; 4. 5° 42' 10" 30.00 feet to the point of beginning and containing an area of 0.035 Acre. Peginning at the Northwest corner of this tank site No. 3, the coordinates of which referred to Government Survey firiangulation Station "PUU PA" being 12,179.58 feet North and 23,983.47 feet West, and running by azimuths measured clockwise from firue South: 1. 272° 43' 50.00 feet; 2. 2° 43' 50.00 feet; 3. 92° 43' 50.00 feet; 4. 182° 43' 50.00 feet to the point of beginning and containing an area of 0.057 Acre. All as outlined in red on the map attached hereto, marked I~xhibit "A" and by reference made a part hereof. lrhis subsection is conditioned upon the following: (A) the area be zoned in two (2) increments. fihe first zoning incre~:ent shall consist of [seventy®five (75)] eighth®seven (87) acres, and the second, the remaining area. fihe effective date of zoning for the second increment shall be after agricultural development has occurred on the first increment. Agricul~ tural development is defined as the active cultivation or production of land for agricultural purposes as determined ~-5- by the County Planning Department on a minimum of twenty five (25) per cent of the lots for the entire 103.085 acres. Each of these lots shall be used for agricultural activities on ~. minimum of fifty (50) per cent of the lot area; (B) the applicant, Signal Properties, Inc., submit a sub division plan and secure tentative approval of Increment No. 1 within one (1) year of the date of approval of the request, and also assumes the responsibility of securing final subdivision approval for the first increment. The applicant shall also b~: responsible for securing tentative and final subdivision approval of the second increment; (C) the applicant, Signal Properties, Inc., provide a water system in accordance with the County of Hawaii Department of Gv'ater Supply standards. This system shall be constructed and made available for lots within the first increment; and (D) no direct access will be permitted from the lots on to Kawaihae Road. Should any of the foregoing conditions not be mgt, rezoning of the property to its former zoning designation may be initiated." SECTION [3]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 [4]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. Hilo, Hawaii INTRODUCED BY: Date of Introduction: November 19, 1 80 Date of Adoption: Dec. 1, 1980 COU~TCI~ P~IEMBER, COUNTY OF` ~iAWAII Effective Date: Dec. 3, 1980 ~6~ .,~ Hilo, Hawaii Date: Nn~Tamhar 1 A 1 Q R(1 FIRST i~t:AdtldG AYES NOES A/E Dahlberg X Domingo X Fujii X Garcia X Kawahara ' X Lai X Sameshima X Tajiri X Chr. Yamashiro X 8 0 1 Publication Date: NOV ~ ~5 1930 Hilo, Hawaii Udte: lla nPmha r 1 _ 1 A Rn SECCINL- 8~ FIt~tAt REAQI(dG AYES NOES ~A/E Dahlberg X Domingo X Fujii X Garcia X Kawahara X Lai X Sameshima X Tajiri X Chr. Yamashiro X 9 0 0 Publication Date: ,. ~ r.,. 1~~. a~ ~:. rr :, We do hereby certify that the foregoing Bllt was adopted by the County Cour-cil and published as indicated above. ,....._ ~. -. ~ - ~Y a.,,, 4 f Y#Y Covnci hairman '~`~~ ~ , ~ r, ~ _,~.'> County Clerk ~ ~ __. - -- i ...............:.. _ Approved! this_.~ ,1 day of '~' Gi! No.._T_ 694 ,: ..~ C-1710 jPC-19 0 htc~yor, County of Hawaii ~q,(, No. _ _ Urd, No. ~.. ___ ~ - -- , ..,