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Home My WebLink AboutORD 1987-009 1984-1988COUNTY OF HAWAII STATE OF HAWAII BI~~ W0. 303 ORDINANCE NO. 87 9 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 5-9-07:3. 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 West corner of this parcel of land, on the Southerly side of 80-ft. wide roadway, being also the North corner of Lot 39 (Map 4) of Land Court Consolidation 117 and running by azimuths measured clockwise from True South: 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: 1. 267° 07' 02" 286.98 feet, thence; 2. 278° 00' 280.12 feet along the Southerly side of 80-ft. wide roadway; thence along the Southerly 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: 3. 275° 39' 11" 60.61 feet; thence along Lot 41 (Map 4) of Land Court Consolidation 117, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 4. 299° 02' 41" 17.37 feet, thence; 5. 324° 47' 1,909.15 feet along Lot 41 (Map 4) of Land Court Consolidation 117; 6. 46° 24' 40" 505.39 feet along Hawaiian Home Land of Kawaihae; 7. 144° 47' 2,383.35 feet along Lot 39 (Map 4) of Land Court Consolidation 117 to the point of beginning and containing an area of 24.947 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" -2- 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 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 - 3- 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. SECTION 4 approval. This ordinance shall take effect upon its INTRODUCED BY: COUNCIL MEMBER, C TY 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 -4- A-7 O o A- coq f~ F A- 4o q Qp Yh e~ V Cam, ~~ /~. ~T A-2oq `~~ y °o. Z N A 70q a Q A 10q .~ I A-4oq A-3q AGf21CUl.TURAL (A-20o) '~O AGRICULTUf2AL (A-9a~ AREA = ~4.°~47 AC1QE5 A- 20 o x A-9q A-~Oq x . o ~ I q_aoe ALA KAHUA ~ C Ot'~'1VE ~ T P T KGUwcH AI Q A-coq Q Q A-~Oq J n ~ ~'a ~ti i_ L -l~ ( A-4Cq A-3q A-~Oq ~~ ~ A-'20q AMENDMENT TO THE ZONING CODE AMENDINQ SC:CTION ~5-QJSA (NORTH ANb SOUTH Ko1--IALA pI5T1=21CT5 ZONC MAP ARTICLE 3, CHAp'rE1~2 Z5 (ZONING CODE) OF THE HAWAII COUNTY COgE, 6Y CHANGING THE ~ISTI?1CT CLRSSIFIC'AT10N F1~OM AGRICULTUf-?AL (A-boa) ~"O AGI'21CULTURAL (A-3a~ AT KAHUA 1ST AND WAIKA, NORTH KOHALA, HAWAII. pRC-I°A}QE~ BY ~ pLANN1NG DE pARTM ENT GouNTY OF h-tAWAtI TMK 5- °~-07 = 3 Nov. ~4, I°J 86 EXHIBIT I~AII