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Home My WebLink AboutORD 1982-815 1980-1984-:y ~~~ BILL N0. 871 (Amended II COUNTY OF HAWAII - STArTcE,~OF HAWAII ORDINANCE N[J. caiS AN ORDINANCE AMENDING SECTION 7.06 (THE NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY COllE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-5a) AT KAAUHUHU HOMESTEADS, NORTH KOHALA, HAWAII, COVEKED BY TAX MAP KEY 5-5-01:22. 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 add a new subsection, to read as follows: "7.06 ( w ). The district classification of the following area situated at Kaauhuhu Homesteads, North Kohala, Hawaii, shall be Agricultural (A-5a): Beginning at the South corner of this parcel of land on the Northwesterly side of Homestead Road, being also the East corner of Grant 13747 to Lui Kainoa, the coordinates of which referred to Government Survey Triangulation Station "PUU 0 NALE" being 1,478.80 feet North and 5,646.40 feet East and running by azimuths measured clockwise from True South: 1. 1390 08' 30" 1,437.20 feet along Grant 13747 to Lui Kainoa and Grant 9127 to Rose Martins; 2. 2290 02' 498.80 feet along Grant 4817 to Manuel Assencao; 3. 1390 16' 1,005.20 feet along Grant 4817 to Manuel Assencao; 4. 2280 00' 224.90 feet along the Southeasterly side of Government Road; 5. 2520 50' 230.00 feet along the Southeasterly side of Government Road; 6. 1980 00' 75.00 feet along the Southeasterly side of Government Road; 7. 3190 17' 962.80 feet along Grant 4818 to Peter R. Nelson; 8. 3190 02' 640.10 feet along Land Court Appli cation 1788; ~.4 .. 9. 326° 37' 137.20 feet along the Westerly side of Homestead Road; 10. 3400 19' 137.80 feet along the Westerly side of Homestead Road; 11. 520 38' 101.70 feet along the Westerly side of Homestead Road; 12. 100 10' 202.80 feet along the Westerly side of Homestead Road; 13. 30 20' 172.20 feet along the Westerly side of Homestead Road; 14. 660 10' 63.60 feet along the Westerly side of Homestead Road; 15. 32° 49' 108.30 feet along the Westerly side of Homestead Road; 16. 3490 18' 218.00 feet along the Westerly side of Homestead Road; 17. 20 18' 160.10 feet along the Westerly side of Homestead Road; 18. 600 54' 172.70 feet along the Northwesterly side of Homestead Road to the point of beginning and containing an area of 37,86 acres. All as outlined in red on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. This subsection is conditioned upon the following: (A) that the petitioner or its authorized representative shall be responsible for complying with all of the stated conditions of approval; (B) that [subdivision plans shall be submitted and tentative approval secured within one (1) year from the effective date of this ordinance. Final subdivision approval shall be secured within one (1) year thereafter; (C) that within three (3) years from the effective date of this ordinance, a minimum of ninety (90) percent of each parcel shall be utilized for substantial agricultural activity.]the property shall be zoned on an incremental basis. Each increment shall not exceed eighteen (18) contiguous -2- acres of land area or 5U% of the total land area of the property, whichever is greater; (C) that the zoning of the successive ncrement(s) shall become effective uuon subdivision of the previo increment and [it shall be demonstrated to the satisfaction of the Planning Director that substantial] agricultural activity [is] being conducted on at least [90~J ['25`/0] 75% of [each] the lots in the preceding increment. For the purpose of this condition "agriculture" shall be defined as the cultivations 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 are propagated for economic or personal use. An agricultural activity will be considered [substantial] appropriate (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service[,] i or (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 agriculture dedication shall be made a deed covenant and duly recorded with the Planning Department and Bureau of Conveyances. (The execution of a Farm Dwelling Agreement may also suffice in lieu of the above requirements]; (D) that tentative [approval of] subdivision plans shall be [secured] submitted within two (2) years from the effective date of this ordinance and final subdivision [approval] plans be [secured] submitted within one (1) year thereafter. Tentative subdivision [approval] plans of successive increment(s) be [secured] submitted within one (1) year from the effective date of the zoninE for that increment Final subdivision [approval] plans shall be [secured] submitted within two thereafter; (E) [(D)] -3- .* , that a drainage system [in accordance with the standards] meeting with the approval of the Department of Public Works shall be installed; and(F) [(E)] that all other applicable rules, regulations and requirements, including those of the Department of Water Supply, shall be complied with. Should any of the foregoing conditions not be met, the Planning Director may initiate the rezoning of the property to its original or more appropriate zoning designation." SECTION 2. Material to be repealed is bracketed. New material is underscored and italicized. In printing this ordinance, the brackets, bracketed material, the underscoring and italicized need not be included. SECTION [2]. 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 [37. 4 This ordinance shall take effect upon its approval. INTRODUCED BY: C UNCIL ME BER, NTY OF HAWAII Hilo, Hawaii Date of Introduction Date of Adoption Effective Date: August 4, 1982 August 17, 1982 August 24, 1982 -4- A-Se A-tea ~\`-` \\\' 3a ~\ A Ha A-3a ~~ ~. ~R. , fI j ~' . I ~- ~~~ ~~:- ~ . ~ : ~ V ~ ~ .` `\ ih~, r ~ \ ~ ~" ~ ~ G \\\ S x F7 ~ y \\~ AMENDMENT TO A~,y "i., ~+~L RA ~~A.'e~ y~~,~ _ J~ j .S' k:. ~ 5~ %'1 P p , n u~Y~ }S r _. - ... -_7<.a4 ,. .., NOTE ~~ ~ _.... ..c. t - BEE ORDINANCE NuMHER Bi5 FOR l~'~-W,'Y,v11' METES ANO HOUNDS OESCR1PT ~oN ~- OF THE ABOYE ZONE CHANGE- THE ZONING CODE AMENDMENT N0.23 TO SECTION 7.OE (THE NORTH ANb SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE z, CHAI°TER H (ZON1N6 CODE) OF THE HAWAII COUNTT CODE, AS AMENbEb, 13T CHAN6- 1N6 THE D15TR1CT CLASSIFICATION FROM A3RICUt_TURAI- (A-zOe TO A6RtCULTURAI (A-Sa) AT KAAUHUHU HOMESTE>gb5, NORTH KOHALA, HAWAII. DATe OF PU BI..iC F-tEARING = ,JUNE' ~, 1aJ8~c EFFECTIVE PATE = AVG_ 24, 198 ORp1NANcC NUMB>=R 'Sts PRcPAREp IB7' =PLANNING pEPA1'~TMENT cOUNT7' OF HAWAII TMK = S-S-oI EXHIBIT "A' JUNE -'cg, I°>8z ~! , 4y. °bllY Hilo, Hawaii Date: August 4. 1982 FIRST READING AYES NOES A/E Dahlberg De Luz Domingo Fujii Hale Kawahara Lai Schutte Ch r. Yamashiro Publication Date: Kona, Hawaii Date: August 17, 1982 SECOND & FINAL READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Ch r. Yamashiro X 9 0 0 Publication Date: AUG 3 1 1982 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED as to and L GAL9~'Y h un i l Ch a an - - --- --- - - -- - ~ LL CO'JN F i it AI AUG 2 $ 1982 Dep. unty clerk Bill No. 8 REVIS,E~D II Reference: C-894/PC-133 M.B. No. _ Ord. No. ..... ~ Approve this~day of