HomeMy WebLinkAboutORD 1983-850 1980-1984~ * r
BILL N0. 847
(Draft 3)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0.
AN ORDINANCE AMENDING SECTION 7.02 (THE NORTH KONA ZONE MAP),
ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
AGRICULTURAL (A-3a) AT KA'U, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-2-OS:PORTION OF 1.
BE IT ORDAINED 8Y THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 7.02, Article 2, Chapter 8 (Zoning
Code) of the Hawaii County Code, as amended, is further amended
to add a new suhsection, to read as follows:
"7.02(iii ). The district classification of the
following area situated at Ka'u, North Kona, Hawaii, shall
be Agricultural (A-3a):
Beginning at the Northeast corner of this parcel of land,
on the westerly side of Hawaii Belt, Road, F. A. P.
No. F-10 (5), the coordinates of which referred to
Government Survey Triangulation Station "AKAHIPUU" being
5,574.46 feet South and 2,650.51 feet West and running by
azimuths measured clockwise from True South:
1. 11° 08'
1,630.12 feet along the westerly
side of Hawaii Belt Road,
2. 91° 30'
3. 103° 19'
4. 105° 29' 45"
5. 97° 42' 38"
6. 2° 00'
7. 93° 42' 20"
8. 98° 06'
25.16 feet along Government Land;
117.11 feet along Lot 1 of
Makaula Subdivision,
Unit 1;
154.26 feet along Lot 3 of
Makaula Subdivision,
Unit 1;
190.95 feet along Lots 3 and 7-A
of Makaula Subdivision,
Unit 1;
65.18 feet along Lot 7-A of
Makaula Subdivision,
Unit 1;
2,828.95 feet along Grant 3741 to
W. H. Kailiino to a "+"
cut on ahu;
2,069.50 feet along Government Land
of Makaula to a "+" cut on
ahu;
J Y
9. 100° 15' 30" 2,018.50 feet along Government Land
of Makaula to a cut
on stone;
10. 115° 04' 5,166.71 feet along Government Land
of Makaula;
11. 198° 10' 2,312.70 feet along remainder of
L. P. 8265, Mahele Award
13-B to Paalua
(Certificate of Boundaries
No. 191);
12. 291° 46' 30"
13. 280° 26' 30"
14. 290° 58' 30"
15. 286° 08' 20"
16. 286° 19' 30"
800.00 feet along Government Land
of Puukala to a "+" cut on
rock with ahu named
"Kekuakakawahie";
2,814.00 feet along Government Land
of Puukala to a cut
on rock on ahu;
5,603.00 feet along Government Land
of Puukala to a "+" cut in
Pahoehoe;
844.61 feet along Grant 3968 to
P. M. Pahukula to a pipe
in concrete;
1,522.38 feet along Lots 78, 73,
69, 65, 61, 57, 53, 49,
45, 39, 3]. and 25 of Kona
Ocean View Properties
(File Plan 637) to a pipe
in concrete;
17. 286° 21' 621.96 feet along Grant 3968 to
P. M. Pahukula to the
point of beginning and
containing an area of
727.8 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 petitioners, or their authorized
representative, shall be responsible for complying with all
of the stated conditions of approval; (8) that a drainage
system in accordance with the standards of the Department
of Public Works shall be installed; (C) that the property
shall be developed on an incremental basis. There shall be
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no more than five (5) increments of which the first three
(3) shall consist of 49 lots each; (D) that the zoning for
Increment I shall not become effective unless and until
there are legal and financial assurances satisfactory to
the Department of Water Supply that water for domestic and
agricultural use for Increment I will be available;
provided, however, that the zoning for Increments II
through V shall not become effective until adequate water
for domestic and agricultural use meeting with the approval
of the Department of Water. Supply is available at the
property line of that increment[;]. Should the legal and
financial assurances described above fail, the Council
shall take action to rezone the property back to its
original zoning; (E) that the zoning for the second and
successive increments shall be effective upon the
establishment of agricultural use on fifty (50) percent of
the lots in the preceding increment. Agricultural use is
defined as the planting of crops on a minimum of two (2)
acres of the respective lot; (f) that the zoning for the
second and successive increments shall be effective upon
the Council approval of performance reports containing
information on the status of compliance of conditions (D)
and (E). The performance reports shall be submitted by the
petitioner to the County Council; [(F)] (G) that the
proposed 80-foot wide right-of-way and its improvements
shall be extended to the Queen Kaahumanu Highway if and
when any development occurs within the existing
Conservation District portion of the parcel identified as
TMK: 7-2-5:1; [(G)] (H) that final subdivision approval of
the first increment shall be secured by December 1983 and
that subsequent increments shall be completed within one
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(1) year of the completion of the preceding increment.
"Completion" as used herein includes securance of Final
Subdivision Approval and the establishment of agricultural
use; [(H)] (I) that restrictive deed covenants for each lot
shall be recorded with the Bureau of Conveyances together
with any recordation of final subdivision plat maps. The
covenants shall include mandatory participation by each lot
owner in the agricultural co-op; and that the co-op shall
have the authority and responsibility for the cultivation,
harvesting and marketing of all crops planted in
conjunction with the development of the subdivision. Other
documentation as deemed necessary by the Corporation
Counsel shall be recorded or filed to meet the intent of
establishing an agricultural cooperative with the full
responsibility and control over the proposed agricultural
park; and [(I)] (J) that all other applicable rules,
regulations and requirements shall be complied with.
Should any of the foregoing conditions not be met, the
rezoning of the subject property to its original or more
appropriate zoning 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.
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNT OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption
Effective Date:
August 4, 1982
February 2, 1983
February 15, 1983
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AMENIDMENT TO T~-IE ZONING CODE
AMENDMENT NO. 61 TO SECTION 7.0'c (THE NORTH KONA
ZONE MAP) ARTICLE mac-, CHANTER 8 (ZONING CODE) OF THE
HAWAII COUNT7' CODE, AS AMENDED, 137' CHANGING THE
t71STIQiCT CLASSIFICATION FROM UNPLANNED (U) TO
AGRICUI-TuRAL (A-3o) AT KAU, NORTH I~ONA, HAWAII.
PATE o~ pu[3Lfc 1--IEAI~ING = t~EC. 3, IgBI >~ JAN. 14, t°J8z
EFPECTf~/~ 17AT~ = FEB. 15, IaJ B3
oRpINANCE NllME<>=1Q ° SSO
Pte>/1°AREp B7' = PLANNING LJEpARTMENT
COUNTY OF HAWAII
TMK : 7-z-os : I
MARCH Z°J, I°J@2
EX H 1131 T "A'
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t.,r
Hilo, Hawaii
Date: Aucrust 4, 1982
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuji i X
Hale X
Kawahara X
Lai X
S chutte X
Ch r. Yamashiro X
8 0 1
Publication Date:
.. ~.
Hilo, Hawaii
Date: February 2, 1983
SECOND & FZNAL 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
8 0 1
Publication Date: FEB ~, 5 1983
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
APP^";~,`;~~ c:s 40
Council Chairman
CO OR TiO"d ;;;~': is
OUN F, `; All i~1 ~1.
Date ._..__FEB _7 X983 County C er}
Bill No. 847
Reference: C-778/PC-130
M.B. No. ope~[r __
Ord. No. ;; i]~7~
Approved/^`----'~d this~day of