HomeMy WebLinkAboutORD 1986-012 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 123
ORDINANCE NO. 86 12
AN ORllINANCE AI~iRNDING SECTION 25-90 (HAMAKUA DISTRICT ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-40a) TO AGRICULTURAL (A-20a) AT WAIKOEKOE, HAMAKUA, HAWAII,
COVERED BY TAX MAP KEY 4-7-07:48.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-96, 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 Waikoekoe, Hamakua, Hawaii, shall be
Agricultural (A-20a):
Beginning at a pipe at the Northwesterly corner of this
parcel of land, being also a point on the Southerly side
of Mamalahoa highway, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "WAIMEA EAST BASE" being 7,387.76 feet North and
11,933.25 feet East and running by azimuths measured
clockwise from True South:
1. 267° 21' 300.78 feet along the Southerly
side of Mamalahoa Highway to
a pipe;
Thence, following along the Southerly side of
Mamalahoa Highway on a curve
to the left with a radius of
1,805.00 feet, the chord
azimuth and distance being:
2. 265° 24' 122.84 feet to a pipe;
3. 263° 27' 158.31 feet along the Southerly
side of Mamalahoa Hiyhc:ay to
a pipe;
Thence, following along the Southerly side of
Mamalahoa Hiyhway on a curve
to the left with a radius of
6,690.D0 feet, the chord
azimuth and distance being:
4. 262° 55' 45" 121.63 feet to a pipe;
5. 262° 24' 30" 111.74 feet along the Southerly
side of Mamalahoa Highway to
a pipe;
Thence, following along the Southerly side of
Mamalahoa Highway on a curve
to the left with a radius of
3,255.00 feet, the chord
azimuth and distance being:
6. 260° 59' 161.89 feet to a pipe;
7. 259° 33' 30" 1,607.67 feet along the Southerly
side of Mamalahoa Highway to
a pipe;
8. 350° 14' 30" 2,002.80 feet along the remainder of
Land Commission Award
8559-B, Apana 2 to
William C. Lunalilo to a
pipe;
9. 118° 44' 3,298.16 feet along the Northeasterly
side of 40-foot wide
Homestead Road Right-of-Way
to the point of beginning
and containing an area of
57.597 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference .wade a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the petitioners, its
successors or 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
the change of zone. Final subdivision plan shall be submitted
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within one year from the effective date of the tentative
subdivision approval; (C) the requirements of the Department of
Water Supply shall be complied with; (D) restrictive deed
covenants for both parcels shall be submitted to the Planning
Department for review and approval prior to its submittal to
the Bureau of Conveyances for recordation with final
subdivision plat maps. These covenants shall require active
agricultural activities to ensure the land is productively
used. These restrictive covenants are encumbrances running
with the land, and shall be binding on all parties and persons
claiming under them until such time that the land is rezoned to
a more appropriate zoning designation; and, (E) all other
applicable rules, regulations and requirements be complied
with. The Planning Director may administratively grant
extensions to the foregoing time conditions. Further, should
any of the foregoing conditions not be met or substantially
complied with in a timely fashion, the Planning Director may
initiate rezoning of the property to its original or more
appropriate designation.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: February 5, 1986
Date of 1st Reading: February 5, 1986
Date of 2nd Reading: February 19, 1986
Effective Date: February 24, 1986
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AMENDMENT TO THE ZONING COQ
AMENDING SECTION '~5-96 (IiAMAt`CUA ~ISTIQICT
zONE MAP) ARTICI...E 3, C1-tAPTGR '2.5 (ZONING
CODE) 01= THE f-tAwAll COUNTY Co~C-, 8Y CHANG-
ING THE 1715TRiCT CLASSiFlCAT10N Fi~OM AGRI-
Cul.-TURAL (A-40a) T'o AGRICULTUIQAL (A-'20q) AT
WAIKOEK01=, HAMAtGUA, I-iAYVAi1.
pRE pAREI~ SY = P1-ANNING U>=PARTM CNT
oouNTY of HAWAII
TMK _ 4-7- 0'7 = 48 OEG`. 9, Iq-~Bs
EKHIBIT 'P:'