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BILL N0. 926
Draft 2
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. [ R_ 'ds~
AN ORDINANCE AMENDING SECTION 7.24 (THE KA'U DISTRICT ZONE
MAP), ARTICLE 2, CHAPTER B (ZONING CODE) OF THE HAWAII COUNTY
CODE, AS AMENDED, 8Y CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO AGRICULTURAL (A-Sa) AT KIOLAKAA, KA'U,
HAWAII, COVERED BY TAX MAP KEY 9-4-03:PORTION OF 16.
BE IT ORDAINED BY THE CDUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 7.24, 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:
"7.24 { j ), The district classification of the
following area situated at Kiolakaa, Ka'u, Hawaii, shall
be Agricultural (A-Sa):
Beginning at the southerly corner of this parcel of land,
the southeast corner of a portion of R.P. 7329, L.C.
Aw. 9438 to Kauko and on the northwest side of Mamalahoa
Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"STEIN 2" being 1518.90 feet North and 15907.55 feet West
and running by azimuths measured clockwise from True South:
1. 139° 48'
2. 74° 40'
201.58 feet along R.P. 7329, L.C.
Aw. 9438 to Kauko;
525.00 feet along R.P. 7329, L.C.
Aw. 9438 to Kauko;
3. 164° 40' 109.42 feet along Lot 13-A-1, the
remainder of Grant 5-15342 to
Yoshiko Toguchi Kihara;
4. 226° 30' 20" 663.44 feet along Lot 13-A-1, the
remainder of Grant S-15342 to
Yoshiko Toguchi Kihara;
5. 308° 48'
6. 9° 29"
501.22 feet along Lot 13-A-1, the
remainder of Grant 5-15342 to
Yoshiko Toguchi Kihara;
167.53 feet along Lot 13-A-1, the
remainder of Grant S-15342 to
Yoshiko Toguchi Kihara;
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7. Thence along Lot 13-A-l,the remainder of
Grant 5-15342 to Yoshiko
Toguchi Kihara, along a curve
to the right having a radius
of 25.00 feet, the chord
azimuth and distance being:
38° 03' 23" 23.91 feet;
8. Thence along Mamalahoa Highway, along a curve to the
left having a radius of
254.45 feet, the chord
azimuth and distance being:
64° 09' S3" 21.88 feet;
9. 151° 42' 10.00 feet along a jog in Mamalahoa
Highway;
10. Thence along Mamalahoa Highway, along a curve to the
left having a radius of
264.45 feet, the chord
azimuth and distance being:
54° 07' 69.80 feet;
11. 136° 32' 20.00 feet along a jog in Mamalahoa
Highway;
12. 46° 32' 83.41 feet along Mamalahoa Highway;
13. 136° 32' 10.00 feet along a jog in Mamalahoa
Highway;
14. Thence along Mamalahoa Highway, along a curve to the
right having a radius of
155.00 feet, the chord
azimuth and distance being:
47° 02' 49" 2.78 feet to
the point of beginning and
containing an area of
6.057 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, successors, or assigns shall be
responsible for complying with all of the stated
conditions of approval; (B) that subdivision plans shall
be submitted within one (1) year from the effective date
of the zone change. Final subdivision plans shall be
submitted within one (1) year from the effective date of
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tentative subdivision approval; (C) that appropriate
agricultural activity be established on fifty percent
(50~) of the lot within three (3) years from the date of
the change of zone. For 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 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 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; 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 agricultural 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; or (4) if the property is purchased in whole
or in part through an agricultural or farm loan obtained
from a federal, state or private institution; (D) that the
accesses of the proposed lots from Mamalahoa Highway shall
meet with the approval of the Department of Public Works.
All other applicable requirements of this agency shall be
complied with; (E) that the requirements of the Department
of Water Supply shall be complied with; and (F) 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."
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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 8Y:
COUNCIL MEMBER, COUNTY OF H All
Hilo, Hawaii
Date of Introduction
Date of Adoption:
Effective Date:
March 2, 1983
March 16, 1983
March 23, 1983
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Hilo, Hawaii
Date: March 2. 19A3
FIILST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale
Kawahara X
~_
X
Lai X
Schutte X
Ch r. Yamashiro X
7 U 2
Publication Date:
Hilo, Hawaii
Date: March 16, 1983
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo g
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
6 0 3 `
Publication Date: APR 5 1983
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
f fVl sncl L~~'iA~.ITY
Dace MAR 2 1 1983
County Clerk
Approved this Z-J~ay off? !n!~~
'! tf! ! ~;
Bill No, 926 (DRAFT 2)
Reference: C-190/C-1085
ay'6r, County of Hawaii / M.B. No. _
Ord. No. 86~-