HomeMy WebLinkAboutORD 1983-893 1980-1984LY ~
BILL N0. 965
Draft 2
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N~~ 8~3
AN ORDINANCE AMENDING SECTION 7.09 (THE KAMUELA 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-Sa) AT PUUKAPU
HOMESTEADS, 2ND SERIES, SOUTH KOHALA, HAWAII, COVERED BY TAX
MAP KEY 6-4-03:24 & 98.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 7.09, Article 2, Chapter 8 (Zoning
Code), of the Hawaii County Code, as amended, is further
amended to add new subsections, to read as follows:
"7.09 ( s-1). The district classification of the
following area situated at Puukapu Homesteads, 2nd Series,
South Kohala, Hawaii, shall be Agricultural (A-5a):
Beginning at the Northwest corner of this parcel of land,
being also the Northeast corner of Lot 89 of "Pleasant
Acres Subdivision" (File Plan 886), the coordinates of
which referred to Government Survey Triangulation Station
"WAIMEA EAST BASE" being 11,006.56 feet North and
6,019.90 feet East and running by azimuths measured
clockwise from True South:
1. 256° 10'
2. 307° 57'
3. 346° 10'
4. 80° 15'
81.96 feet along Hawaiian Home
Land;
1,031.00 feet along the
Southwesterly side of
20-Ft. Wide Roadway;
1,085.00 feet along the Westerly
side of 20-Ft. Wide
Roadway;
721.07 feet along remainder of
Grant 7981 to Leone
Naiheauhau;
5. 166° 09' 1,843.68 feet along the Easterly
Boundary of "Pleasant
Acres Subdivision" (File
Plan 886) to the point
of beginning and
containing an area of
24.947 Acres.
7.09 (s -2). The district classification of the
following area situated at Puukapu Homesteads, 2nd Series,
South Kohala, Hawaii, shall be Agricultural (A-Sa):
Beginning at the Southwest corner of this parcel of land,
on the Northerly side of Mamalahoa Highway, the
coordinates of which referred to Government Survey
Triangulation Station "WAIMEA EAST BASE" being
8,089.33 feet North and 7,500.11 feet East and running by
azimuths measured clockwise from True South:
1. 166° 10' 2,383.43 feet along the Easterly
side of 20-Ft. Wide
Roadway;
2. 307° 57' 1,512.60 feet along the Land of
Waikoekoe, Hamakua,
along L. C. Aw. 8559-B,
Ap. 2 to William C.
Lunalilo (Certificate of
Boundaries No. 33) to a
pipe (found);
3. 298° 44' 468.15 feet along the Land of
Waikoekoe, Hamakua,
along L. C. Aw. 8559-B,
Ap. 2 to William C.
Lunalilo (Certificate of
Boundaries No. 33);
4. 346° 12' 10"
962.39 feet along the remainder
of Grant 7966 to Sanford
Kealoha Kakani;
thence along the
Northerly side of
Mamalahoa Highway,
F.A.P. No. F-019-1(1),
on a curve to the right
with a radius of
11,419.16 feet, the
chord azimuth and
distance being:
5. 79° 07' 55.8"
371.24 feet;
thence along the
Northerly side of
Mamalahoa Highway,
F.A.P. No. F-019-1(1),
on a curve to the right
with a radius of
11,419.16 feet, the
chord azimuth and
distance being:
6. 80° 09' 24.4"
37.16 feet, thence;
-2-
7. 80° 15' 12.84 feet along the Northerly
side of Mamalahoa
Highway F.A.P. No.
F-019-1(1);
8. 80° 15' 124.96 feet along the Northerly
side of Mamalahoa
Highway F.A.P. No.
F-019-1(1);
9. 80° 15' 736.54 feet along the Northerly
side of Mamalahoa
Highway to the point of
beginning and containing
an area of 47.955 Acres.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
These subsections are 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) The area be zoned in three
increments. The first and second increment shall consist
of a maximum of twenty-nine contiguous acres each, and the
third, the remaining area; (C) Rezoning of the second and
third increments shall only become effective upon
subdivision of the previous increment and upon the
establishment of appropriate agricultural activity, as
determined by the Planning Director who shall forward the
basis of said determination to the Council, on each of the
lots within the previous increment. 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"
-3-
(1) if such activity is utilizing a minimum of fifty
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 fifty percent of the usable land
area, is achieved on a smaller area through the
alternative production technology; (D) Tentative
subdivision plans for the first increment shall be
submitted within one year from the effective date of this
ordinance. Final subdivision plans for the first
increment shall be submitted within one year from the
effective date of tentative subdivision approval;
(E) Tentative subdivision plans for the second increment
shall be submitted within one year from the effective date
of the zoning for the respective increment. Final
subdivision plans for the second and third increments
shall be submitted within one year from the effective date
of tentative subdivision approval for the respective
increment; (F) Access(es) for the proposed subdivision
shall meet with the approval of the Chief Engineer; (G) A
drainage improvement plan, meeting with the approval of
the Chief Engineer, shall be developed; (H) 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
a mandatory agricultural use provision for each lot as
previously defined in Condition C. The covenant shall
require all dwellings to meet the definition of "farm
dwelling" below. Furthermore, the covenant shall restrict
the area devoted to all dwellings
-4-
to a maximum of one-half acre per lot. "Farm dwelling" as
used herein shall mean a single-family dwelling located on
and used in connection with a farm or where agricultural
activity provides income to the family occupying the
dwelling. The remaining portion of the lot shall be used
for agricultural purposes only. The restrictive covenants
contained herein shall run with the land and shall be
incorporated into any deed, lease, agreement of sale,
mortgage, or other instrument of conveyance executed for
the subject property(ies); and (I) 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, UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction
Date of Adoption:
Effective Date:
May 18, 1983
June 8, 1983
June 21, 1983
-5-
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F 012 MATES ANG BOUN D_`
DESCRIPTION OF THC-
AbOVE" ~_ONC- 'I-ifiN GLO=S.
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MENDMENT TO
E ZONING CODE
AMENDMENT NO. 1°J TO SECTION 7.0~ (THE KAMUELA ZONE
MAP) AIQTICLE ~, Cl-1A1°TER 8 (ZONING COPE) OF THE HAWAII
COUNT? CODE, AS AMENDED, B7' CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-40o~ TO AGRI-
CULTUI?AL (A-5a) AT PUUt<AI°u HOMESTEAbS, 2Np SERIES,
50UT1-I KOHALA, HAWAII.
PATE OF PU8L1C HEARING = JAN- 25, 1°.8.9 ~ MAfiCH 2, 1°~B3
EFFECTIVE GATE= JUNG- 21, I°-~93
ORGINANC'C- NUMk~ER = 8°~9
PREPAI~E~ [3Y = PLANNING GEpARTM ENT
COUNT? of HAWAII
TMK = ~-4-03 = 24 ~ °-~' 8 MARCH 2°>, 1°J83
EXHIBIT "A"
j....
~M
Hilo, Hawaii
Date: Mav 18. 1983
FIRST READING
AYES NOES A/E
Dahlberg X
lle Luz X
Domingo X
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro g
9 0 0
Publication Date:
v,.. v
Hilo, Hawaii
Date: June 8, 1983
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: ~JUL 119
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
R,g~^`1~If'i~ as to
- 7 ~• ' -1
JUN 1 3 1983
Dore ---•-°-----`----.-......._.....
ouncil Ch man
n
County Clerk
Approved/D.u-ag~eire~ this ~~~ ±_ddpy ,of
UI'1~ 1950 ~ .+
Bill No. 965 (DRAFT 2)
Reference: C-1201/PC-230
Mayor, County of Hawaii ~ M.B. No. _
Ord. No. i,'_ v