HomeMy WebLinkAboutORD 1987-006 1984-1988COUNTY OF HAWAII_ rt: STATE OF HAWAII
Bill No. 299
ORDINANCE NO.
87 6
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
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 KAhUA 1ST
AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 5-9-08:6.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, 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 Kahua 1st and Waika North Kohala, Hawaii,
shall be Agricultural (A-3a):
Beginning at the South corner of this parcel of land, on
the Northerly side of 80-f t. wide roadway, being also the
East corner of Lot 17 (Map 3) of Land Court
Consolidation 117 and running by azimuths measured
clockwise from True South:
1. 141° 26' 1,431.88 feet along Lot 17 (Map 3) of
Land Court Consolidation 117
to middle of Keawewai Gulch;
thence along middle of
Keawewai Gulch, along
Lot 202 (Map 12) of Land
Court Consolidation 117 for
the next two (2) courses,
the direct azimuths and'
distances between points
along said middle of gulch
being:
2. 207° 23' 101.06 feet;
3. 236° 07' 220.73 feet;
thence along middle of
Keawewai Gulch, along
Lot 201 (Map 12) of Land
Court Consolidation 117 for
the next two (2) courses,
the direct azimuths and
distances between pcints
along said middle of gulch
being:
4. 245° 03' 149.91 feet;
5. 246° 25' 105.62 feet, hence;
6. 321° 26' 1,578.75 feet along Lot 45 (Map 4) of
Land Court Consolidation 117;
thence along the Northerly
side of 80-f t. wide roadway,
on a curve to the right with
a radius of 460.00 feet, the
chord azimuth and distance
being:
7. 62° 30' 40' 381.36 feet, thence;
8. 87° 00' 63.38 feet along the Northerly
side of 80-f t. wide roadway;
thence along the Northerly
side of 80-ft. wide roadway,
on a curve to the left with
a radius of 740.00 feet, the
chord azimuth and distance
being:
9. 81° 00' S7" 154.30 feet to the point of
beginning and containing an
area of 20.322 acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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SECTION 2. This change in district classification is
conditioned upon the following: (A) the petitioners,
successors or its assigns shall be responsible for complying
with all of the stated conditions of approval; (B) it shall be
demonstrated to the satisfaction of the Planning Director that
substantial agricultural activity is being conducted on the
lands being considered for subdivision under these change of
zone requests. 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 State Bureau of Conveyances and with a copy
filed with the Planning Department. The execution of a farm
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dwelling agreement may also suffice in lieu of the above
requirements. Each approved lot must comply with one or more
of the above requirements to satisfy the conditions of approval
of these change of zone requests; (C) subdivision plans shall
be submitted to the Planning Department within one year from
the effective date of the zone change. Final subdivision
approval shall be secured within one year from the date of
receipt of tentative subdivision approval; (D) a drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (E) only one access shall be
allowed to the proposed subdivision from Ala Kahua Drive. Such
access shall meet with the approval of the Department of Public
Works; and (F) all other applicable rules, regulations and
requirements be complied with. The Planning Director may
administratively grant extensions to the foregoing time
condition. Further, should any of the 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:
~.u•~ • AO~~~
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: January 20, 1987
Date of 1st Reading: January 20, 1987
Date of 2nd Reading: February 4, 1987
Effective Date: February 12, 1987
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`AMEND MENT TO THE ZONI NG CODE
AMENDING SECTION '25-O.~S A (NORTH AND SOUTH
KOHAI_A DISTRICTS ZONE MAP) ARTICI_c- 3, CHAPTER
'Z5 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING 'THE bISTR1CT CLASSIFICATION FROM
AG(~ICI.ILTURAt_ (A-~Oo) 7-O A6RICULTIJRAL (A-Sa)
AT hCAHUA IST ~ WAIKA, N012TH KOHAL-A, HAWAfi.
PRCI°ARE~ BY PLANNtN6 pEl°ARTMENT
Goun1TY of HAWAII
TM K = 5- °~ -08 : 6
Nov. lam, I~SB
EXHIBIT ~~A~~