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HomeMy WebLinkAboutORD 1986-135 1984-1988COUNTY OF HAWAII TM{:~STATE OF HAWAII Bill No. ORDINANCE NO. 86 135 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA 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-la) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-04:4. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, 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 Kalaoa 5th, North Kona, Hawaii, shall be Agricultural (A-la): Beginning at the Northwest corner of this parcel of land on the East side of the old Government Road, and at the corner of said Grant 1609 and Grant 990 (the Southwest corner of Kalaoa School Lot), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 7507.97 feet South and 8199.06 feet West, thence running by azimuths measured clockwise from True South and distances: 1. 269° 47' 00" 2. 262° 42' 30' 3. 265° 39' 00" 4. 281° 59' 00" 5. 275° 35' 00' 314.00 feet land 58.60 feet 109.78 feet 42.53 feet 110.33 feet along (Gran along along along along State of Hawaii 990); the same; the same; the same; the same; 2~~ 6. 279° 41' 30" 43.47 feet along the same; 7. 265° 09' 00" 51.58 feet along the same; 8. 271° 27' 00" 132.18 feet along the same; 9. 274° 2U' 00" 204.97 feet along the same; 10. 276° 52' 30" 157.60 feet along the same; 11. 355° 25' 13" 1255.94 feet along the remainder of Grant 1609 to Kama; 12. 88° 45' 10" 1255.94 feet along the same (TiNK: 7-3-U4:11); 13. 185° 35' 45" 231.77 feet along the old Government Road to the point of beginning and containing an area of 5.980 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicants, their 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; (C) restrictive deed covenants for all of the lots 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 plan maps. These covenants shall include but not necessarily be limited to a restriction on the further conveyance of the subject parcels, beyond the families of the five original recipients, unless one -2- of the following conditions are met: 1) a valid water commitment for water service is available, 2) water service is available to the subject parcel, or 3) a water catchment system, that satisfies any County standards which may be adopted for such a system, is available to the subject parcel. The restrictive covenants contained herein are encumbrances running with the land, and shall be binding on all parties and persons claiming under them until such time that the change of zone ordinance is amended; (D) the pavement of the Old Government Mauka Road fronting the property shall be widened to a minimum of 14 feet with 3-foot wide oil-stabilized shoulders provided on both sides of the pavement. Such improvements shall be provided in conjunction with Subdivision Approval, and shall meet with the approval of the Department of Public Works; and (E) all applicable rules, regulations and requirements shall be complied with. The Planning Director may grant administrative 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 area to its original or more appropriate designation. SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~iLCGC[tlc~ -uC~"-_ COUNCIL MEMBER, COU Y OF HAWAII Hilo, Hawaii Date of Introduction: November 19, 1986 Date of 1st Reading: November 19, 1986 Date of 2nd Readiny: December 3, 1986 Effective Date: December 15, 1986 -4- TRUE NOtZTH SCALE = t"=4oo' a q-~oa 955° 25' 19 160. q9 X76° 51'90 139.G0 0 N g/A r yf P/ I ~a A-woe AF1o~ A-9. °: IAGR CUL URAL ( - Oo~ 1 T AG ICUI~fURAL ( -to) v A Eq = 5.980 ACRC u I if ~ A-w~ J nou I A-tee A-Ino 9vl 9 a61 w - J~1rtA" p 1.1AWAtl ~. ~/'131..~695.. ~ CM-10 BELT > ROAD u r 0 . Q d J i U PLAN 6~ (U) 0 `( Y ~~ / I AM~NbM~NT TO A-I a KA~LVA~ 1 j 0 A-I. ~ I , 0 ~ I Z ~ ` l z - Z A 'a I ~ Q ~ ~ e A-~~ C ~ ~ HE ZONING CODE AMEN17tNG SECTION ~5-87 (NOf?TH 1CONA ZONE MAI°) ARTIGLC 3, CHAPTER 25 (ZONING COD C) OF THE HAWAII COUNTY CODE, BY CHANGING THE AISTRICT CLA551FtCATION 1=ROM AGf21CUL- TURAL (A-'ZOo~ TO AGRiCULTLIRAL (A-1ea~ AT KALAOA 5TH, NORTH KONA, HAWAII. pREpARE~ BY = t°LANNING pBpAF2TMEtVT COUNTY OF HAW AiI TMK = 7-'~-04 =4 SEPT. ~9, 1986 EXHIBIT "A'