HomeMy WebLinkAboutORD 1983-036 1980-1984BILL NO. 1006
COUNTY OF HAWAII - SpTATE~fOCF HAWAII
ORDINANCE NO 83 38
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-l0a) TO AGRICULTURAL (A-3a) AT WA ZAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-2-48:14.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Waiakea, South Hilo, Hawaii, shall be
Agricultural (A-3a):
Beginning at the east corner of this parcel of land, being
also the west corner of the intersection of Railroad Avenue
and Makalika Street, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "HALAI", being 15,691.71 feet South and 16,376.41
feet East, thence running by aximuths measured clockwise
from true South:
1. 71° 00' 1,080.90 feet along Makalika Street;
2. 161° 00' 1,122.00
3. 251° 00' 1,081.65
9. Thence along Railroad Avenue
5. 341° 00' 1,028.97
feet along Grant 13,033 to
Takeo and Sadame Matsuyama
Watanabe (Lot 5) and along
Grant 13,032 to Yoshio and
Itsuko Okamoto Kami (Lot 4);
feet along Grant 13,029 to
Shigeru and Chieko
Yoshimura Matsuyama;
on a curve to the left with
a radius of 5,780.00 feet,
the chord azimuth and
distance being:
341° 27' 40" 93 03 feet;
feet along Railroad Avenue
to the point of beginning
and containing an area of
27.842 Acres.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
This change in district classification is
conditioned upon the following: (A) the petitioners,
their successors or assigns shall be responsible for
complying with all of the stated conditions of approval;
(B) the subject area shall be zoned in two increments.
The first increment shall consist of a maximum of 16
contiguous acres, and the second increment, the remaining
area. The zoning of the second increment shall only
become effective upon subdivision of the previous
increment and upon the establishment of appropriate
agricultural activity, as determined by the Planning
Director, on each of the lots within the first increment.
For the purpose of this condition, "agricultural activity"
means the cultivation of crops, including but not limited
to flowers, vegetables, foliage, fruits, forage and
timber; game propogation; raising of livestock, including
but not limited to poultry, bees, fish or other animal or
aquatic life that are propogated for economic or personal
use. An agricultural activity will be considered
"appropriate" (1) if such activity is intensively
utilizing a minimum of 50 percent of the usable land area
of the affected property(ies); or (2) if it provides a
major source of income to the person(s) utilizing the
property; or (3) if a level of production, greater than or
equal to that which could be achieved on 50 percent of the
usable land area, is achieved on a smaller area through
alternative production technology; (C) some form of
appropriate agricultural activity shall be established in
-2-
each increment within two years after final subdivision
approval of that increment; (D) subdivision plans for each
increment shall be submitted within one year from the
effective date of the change of zone for that increment.
Final subdivision plans for each increment shall be
submitted within one year from the effective date of
tentative subdivision approval celating to that increment;
(E) the petitioners shall include a provision in the lease
or sale agreements whereby agricultural activity shall be
established on 508 of every lot created within the subject
property(ies) within two years from the date of final
subdivision approval. For the purpose of this condition,
"agricultural activity' means that which is defined in
condition "B"; (F) the accesses of the proposed lots from
Makalika Street shall meet with the approval of the
Department of Public Works; (G) lots 2-F and 2-J will not
be permitted access from Railroad Avenue, until such time
as it has been improved to County dedicable standards.
This restriction shall be included in the restrictive
covenants of the deeds of these two lots; (H) that the
requirements of the Department of Water Supply shall be
complied with; and (I) that all other County and State
rules, regulations and requirements shall be complied
with. Should any of the foregoing conditions not be met,
,rezoning of the area to its original or more appropriate
designation may be initiated.
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.
-3-
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
1
C UNCIL MEMBER COU TY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 5, 1983
Date of Adoption: October 19, 1983
Effective Date: October 26, 1983
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AMENDI`/IENT T G THE ZONING CO(~E
AMENDING SE~TICN 25-114 (CITY OF HIl.O 20NE MAp)
ARTICLE 3, CHAPTER ~S IZONING CODC-~ OF THE HAWAJI
COUNTY CODE, BY CHANG1IVG TTiE DISTRICT CLASSIFI-
CATION FROM AGRICUt_TURAL (A-IOa) TO AGRICULTURAL
(A-3a) AT WAIAKEA., SOUTI-f HILO, HAWAII.
PR EPAF2CO pY _ PI--P,NNINO OEF'ARTM ENT
CoUNT7 OF HAWAII
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