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Home My WebLink AboutORD 1984-061 1984-1988BILL NO. 1116 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE No. B4 61 AN ORDINANCE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-24:16. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-86, 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 Kaloko, North Kona, Hawaii, shall be Agricultural (A-3a): Beginning at the west corner of this parcel of land, being also the southwest corner of Lot 1, on the northerly side of Lot A (100 foot wide road reserve), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 14,041.89 feet South and 6,616.94 feet West and running by azimuths measured clockwise from True South: 1. 252° 00' 761.06 feet along Lot 1 and along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; 2. 162° 00' 1,233.07 feet along Lot 1, and along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; ,~. 3. 252° 47' 594.88 feet along portion of Lot 29 of the Kohanaiki Homesteads; 4. 252° 30' 470.82 feet along portion of Lot 30 of the Kohanaiki Homesteads; 5. 342° 00' 2,242.49 feet along Lot 1, Block 1 of File Plan 994 and along remainder of R. P.'8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; 6. 61° 45' 821.63 feet along Lot 3 and along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; 7. 342° 00' 289.85 feet along Lot 3 and along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha; Thence along Lot A (100 foot wide road reserve) and along remainder of R. P. 8214, L. C. Law. 7715, Apana 11 to Lota Kamehameha on a curve to the right with a radius of 550.00 feet, the chord azimuth and distance being: 8. 108° 40' 49" 487.72 feet; 9. 135° 00; 1,464.12 feet along Lot A (100 foot wide road reserve) and along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha to the point of beginning and containing an area of 74.000 Acres, more or less. All as outlined in red on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- SECTION 2. 'T'his change in district classification is conditione3 upon the following: (A) the zoning for the property shall be effective only after (1) there are assurances satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health, and the Division of Water and Land Development of the State Department of Land and Natural Resources, that a water source of sufficient quality and quantity has been established within two years from the effective date of this ordinance; provided that a maximum one-year extension to the two-year time limit may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, accompanied by an appropriate surety bond or other acceptable security, is executed of a proven water source and its water transmission and distribution system within one year from the official date of compliance with condition A(1); provided that. a one-year extension to the one-year time limit may be granted by the Planning Director with reasonable and sufficient justification; or (3) the department of Water Supply issues a water commitment for the proposed development; (B) no subdivision or development of any portion of the land shall occur unless and until condition A has been complie3 with; (C) the Planning Director shall be mandated to initiate action for the repeal of this ordinance if conditions A or B have not been complied with; (D) the petitioner, its assigns or successors, shall be -3- responsible for complying with all conditions of approval; (E) the subject area shall be zoned in two increments. The first increment shall consist of 13 lots. The second increment shall include the remaining area. The zoning of the second increment shall become effective upon final subdivision approval of the first increment and it shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the land in the first 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 substantial: (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; (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. The execution of a Farm Dwelling -4- Agreement may also suffice in lieu of the above requirements. Each lot in the previous increment must comply with one or more of the above requirements prior to the effective zoning of the successive increment; (F) 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 for that increment; (G) a comprehensive drainage master plan, meeting with the approval of the Department of Public Works, shall be submitted prior to receipt of final subdivision approval of the first increment. Further, a drainage system in accordance with the requirements of the Department of Public works shall be installed; and (H) 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 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: <~~I~^ . COUNCIL MEMBER, COUNT F HAWAII Hilo, Hawaii Date of Introduction: August 22, 1984 Date of 1st Reading: August 22, 1984 Date of 2nd Reading: September 5, 1984 Effective Date: September 11, 1984 -6- ~i~~~'~ H-lo A-lce HI<_~ I A-Sa n ~^~ L J H-lo a-moo Q H-tee ~i H-ia i /'~, oeA ~~ ~/ii/, i~ Q ~/~ ~ ' ~~~~~i/ c 6v r ~- i " ~ ~~~~~~~ ~i~~ H-zoo ~ ~,. /,- ~s ~! 'i; v\ i, ~ ~i ~ ~~'~ j ;i ~ ; ,~ A 34 ~i A-1oa % .o ~~~ ~r ~0 Lr Q ~~ i 0 % ~~ ~~I ~z ~'- ~~ ~o / h ~oo A ~~ \ Q ~ ~ /. / o/ AGf~ICULTUr?AL (A-~Q o) To x AGRICUL`FURAL (A-3 AREA=74:00 >HH:RES ~-~oa H-moo ~ A ~~ ~~ \ \ ~ /q to ~ N-io 1 _~ ~ - ~ A ~G A-moo __ k-3q f1 ~a fj 30 H-la A ~ ~ H-~= V ~-' ~-100 A-moo H-lo ~ q-'goo C A :o ~ U = AMEN®~1ENT TO THE ZONING CODE AMENDING SCCTION ~5-8G (NORTH ANO 50U1'H 1<ONA D15TR1CTS ZONI°_ MAI°) AI@TIGLC 3, CHAFTE14 ~5 (ZGNING COD>=) GF THC HAWAII COUNTY CODC, BY CHANGING THE DISTI?ICT CLASSIFICATION Ff20M AGRICULTURAL (Iq-~Go)