HomeMy WebLinkAboutORD 1987-012 1984-1988}
COUNTY OF HAWAII, ~ :STATE OF HAWAII
Bill No. z96
ORDINANCE NO.
87 iz
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 AND
WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-07:5.
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 and Waika, North Kohala, Hawaii, shall
be Agricultural (A-3a):
Beginning at the North corner of this parcel of land on
the Southeasterly side of Ala Kahua Drive being also the
West corner of Lot 39 of Land Court Consolidation 117 and
running by azimuths measured clockwise from True South:
1. 324° 47'
2. 46° 24' 40"
3. 144° 47'
2,476.41 feet along Lot 39 of Land
Court Consolidation 117;
505.39 feet along the North Kohala
and South Kohala boundary
line;
2,248.58 feet along Lot 15 of Land
Court Consolidation 117;
thence along the
Southeasterly side of Ala
Kahua Drive, on a curve to
the left with a radius of
540.00 feet, the chord
azimuth and distance being:
4. 204° 18' 56" 184.12 feet, thence;
5. 194° 30' 94.35 feet along the Southeasterly
side of Ala Kahua Drive;
thence along the
Southeasterly side of Ala
Kahua Drive, on a curve to
the right with a radius of
760.00 feet, the chord
azimuth and distance being:
6. 206° 08' 50" 306.87 feet to the point of
beginning and containing an
area of 27.223 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 petitioner, 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 this change of zone request.
For the purpose of this condition "agriculture" shall be
defined as the cultivation of crops, including but rot 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
-2-
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 this change of zone request; (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 foregoing conditions not be met or
-3-
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. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
I~`~
COUNC~E~R, COUNTY ArWAII
Hilo, Hawaii
Date of Introduction: January 20, 1987
Date of 1st Reading• January 20, 1987
Date of 2nd Reading: Februaryl8, 1987
Effective Date: February 24, 1987
-4-
t,
A{~-oe
A qoe
V
~ "`O~
A-3c
~A-9o
'zoo
A-2oa
A -boa
A- ~0 0
3e
ALA KAN U.
~RIVC-
Q
N
~~ H-4oo
I I
AGRICULTUt~AL (A-20e
TO AGR1CUt_TURAI.. (A-3c
AI~tEA = '27 ~~3 ACK2E5
7~ o
C ~ q-4oo
1
A
A-'ao0
U
LArv N6~ (ul
AMENDMENT
TO
A-'zoe I q. 4oo
UN PL~N N E O (W
THE ZONING CODE
AMENDING SCCTION '~.S-O~SA (NOr2TH AND SOUTH
!<OI-1ALA C~ISTt'"'i1CT5 ZONE MAP) At~TtCLE 3, CHA1°TER
25 (ZONING CODE) OF THE HAWA1) COUNTY COpE,
BY CHANGING THE t~tSTRICT CLA551FICATION FI?01~1
AGRICULTUt?AL (A-~.Oa) TO AGt?tGULTUI~AL (A- Hv)
AT KAHUA AND WA11<A, NORTH KOHALA, HAWAII.
I°1FEPAREfJ 13Y = PLANNING DC-PARTMENT
COUNTY OF HAWA~1
TMK = 5-~-0~ = S
OGT. 10, I°..J8w
.AKON1 PULE
H16i-IWAY
~ '
EXHIBIT °A°