HomeMy WebLinkAboutORD 1987-007 1984-1988COUNTY OF HAWAII
.STATE OF HAWAII
Bill No. 30l
ORDINANCE NO.
8'7 7
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 5-9-07:4.
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 North corner
the Southerly side of 80-ft.
West corner of Lot 40 (Map 4)
Consolidation 117 and running
clockwise from True South:
1. 324° 47' 2,383.35
of this parcel of land, on
wide roadway, being also the
of Land Court
by azimuths measured
feet along Lot 40 (Map 4) of
Land Court Consolidation 117;
2. 46° 24' 40" 505.39 feet along Hawaiian Home
Land of Kawaihae;
3. 144° 47' 2,476.41 feet along Lot 38 (Map 4) of
Land Court Consolidation 117;
thence along the Southerly
side of 80-ft. wide roadway,
on a curve to the right with
a radius of 760.00 feet, the
chord azimuth and distance
being:
4. 237° 00' S2" 500.38 feet to the point of
beginning and containing an
area of 28.218 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 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
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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
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.
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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.
SECTION 4
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
V~~~ ~ I
COUNCIL MEMBER, CO UN OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
January 20, 1987
January 20, 1987
February 4, 1987
February 12, 1987
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AMENDMENT TO THE ZONING CODE
AMC-N~1NG SECTION ~S-QJSA (NOt~TH AND SOUTH
KOHALA DISTRICTS ZONH NfAF') ARTICLE 3, CHAI°TE14
~5 (20NING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THC- t71STRICT CLASSIFICATION FI?OM
AGRICUL_TUf?AL (A-~.Oa) To AGRiCUI_TU1~AL (A-moo) AT
KAHUA IST AND WA1KA, NORTH KOHAt_A, HA1NAll.
PREI°ARET~ 19Y ~ PLANNING DEPATt'TMENT
COUNTY OP HAWAtI +
TMK = 5-°°>-~7 = 4 Nov. '24, I~B6
EXHIBIT ~IA~~