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Home My WebLink AboutORD 1987-008 1984-1988COUNTY OF HAWAII. ~,:_~_:STATE OF HAWAII Bill No. 3oz ORDINANCE NO. 87 8 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 5-9-08:7. 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-ft. wide roadway, being also the East corner of Lot 18 (Map 3) of Land Court Consolidation 117 and running by azimuths measured clockwise from True South: 1. 141° 26' 1,521.42 feet along Lot 18 (Map 3) of Land Court Consolidation 117 to middle of Keawewai Gulch; 2. 248° 55' 42.58 feet along Lot 205 (Map 12) of Land Court Consolidation 117, along middle of Keawewai Gulch; thence along middle of Keawewai Gulch, along Lot 204 (Map 12) of Land Court Consolidation 117 for the next three (3) courses, the direct azimuths and distances between points along said middle of gulch being: 3. 218° 02' 108.13 feet; 4. 254° 12' 45" 113.03 feet; 5. 295° 27' 15" 113.55 feet; thence along middle of Keawewai Gulch, along Lot 203 (Map 12) of Land Court Consolidation 117 for the next three (3) courses, the direct azimuths and distances between points along said middle of gulch being: 6. 285° 45' 65.62 feet; 7. 232° 43' 30" 104.20 feet; 8. 199° 02' 103.60 feet, thence; 9. 198° 33' 105.13 feet along Lots 203 and 202 (Map 12) of Land Court Consolidation 117, along middle of Keawewai Gulch; 10. 207° 23' 23.03 feet along Lot 202 (Map 12) of Land Court Consolidation 117, along middle of Keawewai Gulch; 11. 321° 26' 1,431.88 feet along Lot 16 (Map 3) of Land Court Consolidation 117; thence along the Northerly side of 80-ft. wide roadway, on a curve to the left with a radius of - 2- 740.00 feet, the chord azimuth and distance being: 12. 49° 26' 09" 639.39 feet to the point of beginning and containing an area of 20.150 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 income to the person(s) who reside on the property; or (3) if the property is dedicated for Agriculture uses in accordance -3- 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. 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: y COUNCIL MEMBER, COUN3J OF 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 - 5- ~ A-coq ~: ~ ~o~ T \~~ ~ A-"woe A-3 q q 3q At3q A~-A KAH~JA ~~ DR7VE -~_.~ A"~-oq Z 0 ~ a ~ i = A-2o q j AGr21C'LJLTURAL (A-~'2C To AGRiCt1LTURAL AiQEA = ~o_ R~ A-moo O I D D K UI.CH AI e Y A-20o ~~> A-~Oq A-4oq A-4oq Q) A-~a A-40q O~nn ~_~nn UI VI a a n n a~ UN ANN (U) ~rl ~ A-40q UN ~L NNC~ (Ul AMENDMENT TO THE ZONING CODE AMENDING SECTION ~S-.°,5A (NORTH ANO SOUTH KOHAI-A Dls~ RIOTS 'ZONE MAt~) ARTICLC °J, CHAPTER 25 (ZONING CODC) OF THE HAWA1l COUNTY CO~C--, 8Y CHANGING THE biSTri1CT CLASSIFICATION TOM AGRICUI__.TUI~AL (A-~Oq) TO AGI~ICULTUf?AL. (A-3c~ AT KAHUA IST AND WAIKA, NORTH KOHALA, HAWAII. pREI°ARCO pY pLANhI11VG ospATiTMENT COUNTY OF HAWAII ~TMK S-Q~-oB = 7 NOV- ~4, I~B6 A -~°Jq A-3q EXHIBIT ~~A~~