HomeMy WebLinkAboutORD 1988-023 1988-1992COUNTY OF HAWAII STATE OF HAWAII
Bill No. 471
ORDINANCE NO.
88 23
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE MODIFICATION OF CONDITIONS TO ORDINANCE N0. 850
WHICH RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO
AGRICULTURAL (A-3a) AT KA'U, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-2-05: PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, 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 Ka'u, North Kona, Hawaii, shall be
Agricultural (A-3a):
Beginning at the Northeast corner of this parcel of land,
on the westerly side of Hawaii Belt Road, F. A. P.
No. F-10 (5), the coordinates of which referred to
Government Survey Triangulation Station "AKAHIPUU" being
5,574.46 feet South and 2,650.51 feet West and running by
azimuths measured clockwise from True South:
1. 11° 08' 1,630.12 feet along the westerly
side of Hawaii Belt Road,
F. A. P. No. F-10 (5);
2. 91° 30'
3. 103° 19'
4. 105° 29' 45"
5. 97° 42' 38"
25.16 feet along Government Land;
117.11 feet along Lot 1 of
Makaula Subdivision,
Unit 1;
154.26 feet along Lot 3 of
Makaula Subdivision,
Unit 1;
190.95 feet along Lots 3 and 7-A
of Makaula Subdivision,
Unit 1;
6. 2° 00'
7. 93° 42' 20"
8. 98° 06'
9. 100° 15' 30"
10. 115° 04'
11. 198° 10'
12. 291° 46' 30"
13. 280° 26' 30"
14. 290° 58' 30"
15. 286° 08' 20"
16. 286° 19' 30"
65.18 feet along Lot 7-A of
Makaula Subdivision,
Unit 1;
2,828.95 feet along Grant 3741 to
W. H. Kailiino to a "+"
cut on ahu;
2,069.50 feet along
of Makaula
ahu;
2,018.50 feet along
of Makaula
on stone;
Government Land
to a "+" cut on
Government Land
to a cut
5,166.71 feet along Government Land
of Makaula;
2,312.70 feet along remainder of
L. P. 8265, Mahele Award
13-B to Paalua
(Certificate of Boundaries
No. 191);
800.00 feet along Government Land
of Puukala to a "+" cut on
rock with ahu named
"Kekuakakawahie";
2,814.00 feet along Government Land
of Puukala to a cut
on rock on ahu;
5,603.00 feet along Government Land
of Puukala to a "+" cut in
Pahoehoe;
844.61 feet along Grant 3968 to
P. M. Pahukula to a pipe
in concrete;
1,522.38 feet along Lots 78, 73,
69, 65, 61, 57, 53, 49,
45, 39, 31 and 25 of Kona
Ocean View Properties
(File Plan 637) to a pipe
in concrete;
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17. 286° 21' 621.96 feet along Grant 3968 to
P. M. Pahukula to the
point of beginning and
containing an area of
727.8 Acres.
All as 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) that the petitioners, or
their authorized representative, shall be responsible for
complying with all of the stated conditions of approval; (B)
that a drainage system in accordance with the standards of the
Department of Public Works shall be installed; (C) that the
property shall be developed on an incremental basis. There
shall be no more than five (5) increments of which the first
three (3) shall consist of 49 lots each; (D) that the zoning
for Increment I shall not become effective unless and until
there are legal and financial assurances satisfactory to the
Department of Water Supply that water for domestic and
agricultural use for Increment I will be available; provided,
however, that the zoning for Increments II through V shall not
become effective until adequate water for domestic and
agricultural use meeting with the approval of the Department of
Water Supply is available at the property line of that
increment. Should the legal and financial assurance described
above fail, the Council shall take action to rezone the
property back to its original zoning; (E) that the zoning for
the second and successive increments shall be effective upon
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the establishment of agricultural use on fifty (50) percent of
the lots in the preceding increment. Agricultural use is
defined as the planting of crops on a minimum of two (2) acres
of the respective lot; (F) that the zoning for the second and
successive increments shall be effective upon the Council
approval of performance reports containing information on the
status of compliance of conditions (D) and (E). The
performance reports shall be submitted by the petitioner to the
County Council; (G) that the proposed 80-foot wide right-of-way
and its improvements shall be extended to the Queen Kaahumanu
Highway if and when any development occurs within the existing
Conservation District portion of the parcel identified as TMK:
7-2-5:1; (H) that final subdivision approval of the first
increment shall be secured [by December 1983] within one year
from the effective date of this amendment and that subdivision
plans for the subsequent increments shall be [completed]
submitted within one (1) year [of the completion of the
preceding increment. "Completion" as used herein includes
securance of Final Subdivision Approval and the establishment
of agricultural use] from the date of receipt of final
subdivision approval of the previous increment(s); (I) that
restrictive deed covenants for each lot shall be recorded with
the Bureau of Conveyances together with any recordation of
final subdivision plat maps. The covenants shall include
mandatory participation by each lot owner in the agricultural
co-op; and that the co-op shall have the authority and
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responsibility for the cultivation, harvesting and marketing of
all crops planted in conjunction with the development of the
subdivision. Other documentation as deemed necessary by the
Corporation Counsel shall be recorded or filed to meet the
intent of establishing an agricultural cooperative with the
full responsibility and control over the proposed agricultural
park; and (J) that all other applicable rules, regulations and
requirements shall be complied with[.], and (K) an initial
extension of time for the erformance conditions within the
ordinance may be granted by the Planning Director upon the
following circumstances: a) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicants, successors or assi ns, and that
are not the result of their fault or negligence• b) rantin of
the time extension would not be contrary to the eneral plan or
zoning code; c) granting of the time extension would not be
contrary to the original reasons for the rantin of the chan e
of zone; d) the time extension granted shall be for a period
not to exceed the period originally granted for performance
(i.e., a•condition to be performed within one year may be
extended for up to one additional Year); and e) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area
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to its original or more appropriate designation. [Should any
of the foregoing conditions not be met, the rezoning of the
subject property to its original or more appropriate zoning
designation may be initiated.]
SECTION 3. Material to be deleted is bracketed. New
material is underscored.
SECTION 4. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER,
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February 3, 1.988
February 3, 1988
February 17, 1988
Fehruarv 29, 1988
HAWAII
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