HomeMy WebLinkAboutORD 1983-882 1980-1984
BILL N0. 955
(Draft 2)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE ~O. 882
AN ORDINANCE AMENDING SECTION 7.12 (THE HAMAKUA DISTRICT
HOMESTEADS AREA ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CODE)
OF THE HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a)
AT AHUALOA, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-6-06:11.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 7.12, 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:
"7.12 ( f ). The district classification of the
following area situated at Ahualoa, Hamakua, Hawaii, shall
be Agricultural (A-5a):
Beginning at the southwest corner of this parcel of land,
on the north side of Lower Ilomestead Road Reserve, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KUILEI" being
5,247.54 feet South and 1,997.59 feet East and running by
azimuths measured clockwise from True South:
1. 170° 37' 423.72 feet along the remainder
of Grant 938 to
Nahakuelua, Hooulu, Kanae,
Kaihumoku and Keaweopala
to the southeast side of
Hawaii Belt Road (F.A.P.
No. F-019-1 (1));
2. Thence along the southeast side of Hawaii Belt Road
(F.A.P. No. F-019-1 (1)),
along a curve to the right
having a radius of
2,819.79 feet, the chord
azimuth and distance being:
259° 38' 21" 131.37 feet;
3. 350° 58' 26" 5.00 feet along a jog in Hawaii
Belt Road (F.A.P. No.
F-019-1 (1));
4. Thence along the southeast side of Hawaii Belt Road
(F.A.P. No. F-019-1 (1)),
along a curve to the right
having a radius of
2,814.79 feet, the chord
azimuth and distance being:
265° 28' 26" 441.69 feet;
5. 359° 58' 26" 25.00 feet along a jog in Hawaii
Belt Road (F.A.P. No.
F-019-1 (1));
6. Thence along the southeast side of Hawaii Belt Road
(F.A.P. No. F-019-1 (1)),
along a curve to the right
having a radius of
2,789.79 feet, the chord
azimuth and distance being:
272° 58' 13" 291.66 feet;
7. 275° 58' 100.36 feet along the southeast
side of Hawaii Belt Road
(F.A.P. No. F-019-1 (1));
8. 185° 58' 5.00 feet along a jog in Hawaii
Belt Road (F.A.P. No.
F-019-1 (1));
9. 275° 58' 169.56 feet along the southeast
side of Hawaii Belt Road
(F.A.P. No. F-019-1 (1));
10. 336° 10' 81.17 feet along the remainder
of Grant 938 to
Nahakuelua, Hooulu, Kanae,
Kaihumoku and Keaweopala;
11. 347° 47' 127.00 feet along the remainder
of Grant 938 to
Nahakuelua, Hooulu, Kanae,
Kaihumoku and Keaweopala;
12. 7° 35' 100.00 feet along the remainder
of Grant 938 to
Nahakuelua, Hooulu, Kanae,
Kaihumoku and Keaweopala;
13. 257° 30' 74.00 feet along the remainder
of Grant 938 to
Nahakuelua, Hooulu, Kanae,
Kaihumoku and Keaweopala;
14. 352° 06' 144.70 feet along Government Land
along the middle of a
gully;
15. 90° 47' 1,200.22 feet along Government Land
and along the north side
of Lower Homestead Road
Reserve to the point of
beginning and containing
an area of 522,714 Square
Feet or 12.000 Acres.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
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This subsection is conditioned upon the following:
(A) The petitioner, successors or its assigns shall be
responsible for complying with all of the stated
conditions of approval; (B) Subdivision plans shall be
submitted within one year from the effective date of this
change of zone. Final subdivision plans shall be
submitted within one year of tentative subdivision
approval; (C) Within three years from the effective date
of this change of zone, a minimum of fifty percent of each
parcel shall be utilized for appropriate agricultural
activity. 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 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
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 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; 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) A
drainage system meeting with the approval of the
-3-
Department of Public Works shall be installed; (E) The
requirements of the State Department of Transportation,
Highways Division, be complied with; and (F) All other
applicable rules, regulations and requirements shall be
complied with. Should any of the foregoing conditions not
be met, the Planning Director or the Council may initiate
the rezoning of the property to its original or more
appropriate zoning designation."
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:
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COUNCIL MEMBER, 0 NTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
April 20, 1983
May 4, 1983
May 16, 1983
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Al'~/IENpMENT TO THE ZONING CODE
AMENbMENT NO. 6 TO SECTION '7.12 (THE HAMAKUA DISTRICT
HOMESTEADS AREA ZONE MAP) ARTICLE 2, CHAPTER 8
(ZONING COpE) OF THE HAWAII COUNT? CODE, A5 AMENDED,
B7 C11ANG1NG THE DISTI?ICT Cl.AS51FICATION F140M AGiFI-
Cut_TUt?AL (A-40o) TO AGI?ICUI..TUIQAL (A-So) AT AFiUALOA,
HAMAI~UA, HAWAII.
PATE OF 1°U ~LIC HEARING a -.fAN. ~5, L°~BH ~ MARCH 2, 1°..783
EFFEC'T'IVE DATE MAY t6, 1983
ORfJINANCE NUMBEIQ = 88~
pRepARI°o l3Y' PLANNING ~EPARTM CNT
couNT7 of HAWAII
TMK = 4-6-o6=II
MARCH 14, I°...)83
EXH 1151T "A°
~»/
Hilo, Hawaii
Date: April 20, 1983
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuji i X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
6 0 3
Publication Date:
We do hereby certify that the foregoing BILL was adopted by the
ASSIST
County Council and published as indicated above.
Qom. K . o~~--
------------------ --- --
CO'P :~; ' _: - - _1
C~.N~T ~_~ I.,.ei~~il
M AY . 5 1983
Dafe - •------_-~.-----......_
Hilo, Hawaii
Date: May 4, 1983
--- -
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo ~{
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
8 0 1
Publication Date: MAY 2'3 1983
uncil Cha an
County Cork
Approved/~Bis this~_~ of
~ _ ; X19 r,~'3 ,
i _ ~~
Bill No. 955 (DRAFT 2)
Reference: C-1173.1/PC-223
ayor, Couhty of Hawaii
M.B. No. .'s _
Ord. No. ~~ 88~r