HomeMy WebLinkAboutORD 1993-071 1992-1994i
COUNTY OF HAWAII ;STATE OF HAWAII
BILL NO. 9z
ORDINANCE NO. ~s`~-1
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, RELATING TO THE MODIFICATON OF CONDITION C
OF ORDINANCE NO. 87-115, WHICH RECLASSIFIED 20.010 ACRES OF
LAND FROM AN AGRICULTURAL (A-20a) TO AN AGRICULTURAL (A-3a)
ZONED DISTRICT AT KAHUA 1ST AND WAIKA, NORTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 5-9-06:1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 87-115 is amended as follows:
"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-foot wide roadway being also the
East corner of Lot 19 (map 3) of Land Court
Consolidation 117 and running by azimuths measured
clockwise from true South:
1. 141° 26' 1,934.85 feet along Lot 19 (map 3
of Land Court
Consolidation 117 to
middle of Keawewai Gulch;
thence along middle of
Keawewai Gulch along
Lots 207, 206 and 205
(map 12) of Land Court
Consolidation 117, the
direct azimuths and
distances between points
along said middle of
Keawewai Gulch being:
2. 235° 03'
3. 248° 55'
4. 321° 26'
126.85 feet;
392.54 feet;
1,521.42 feet along Lot 17 (map 3
of Land Court
Consolidation 117;
thence along the
Northerly side of
80-foot wide roadway on
a curve to the left with
a radius of 740.00 feet,
the chord azimuth and
distance being:
5. 22° 40' 12"
6. 21° 30'
30.22 feet;
517.45 feet along the Northerly
side of 80-foot wide
roadway;
thence along the
Northerly side of
80-foot wide roadway on
curve to the right with
a radius of 1,960.00
feet, the chord azimuth
and distance being:
7. 21° 56' 17" 29.97 feet to the point of
beginning and containing
an area of 20.010 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
-2-
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 land 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 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
-3-
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 effective date of
[receipt of tentative subdivision approval] this amendment;
(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; and
(G) an initial extension of time for the performance of
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 applicant,
successors or assigns, and that are not the result of their
fault or negligence; b) granting of the time extension would
not be contrary to the general plan or zoning code; c) granting
of the time extension would not be contrary to the original
reasons for the granting of the change 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 an additional extension of time is
-4-
required, the Planning Director shall submit the 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
to its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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:
V~.c~, • .~..
COUNCIL MEMB R, COU OF HAWAII
Hilo, Hawaii
Date of Introduction: July 14, 1993
Date of 1st Reading: July 14, 1993
Date of 2nd Reading: July 28, 1993
Effective Date: August 5, 1993
APPROVED AS TO FORM AND LEGALITY:
~~ ~r
DEPU7Y_ CORPORATION COUNSEpL7
DATED : 5/z ~7 /
-5-
i
oe •T
/ 1tOM Al.A J
*r1T. Re/~C
~ A-~~ I
A.20~
A_.-e~
A-~~
10~ A-D~
~~
A-1eq
A~i
ALA KAMUA
otv~v~
^-'Je
.\
A-D~
~-~.
A-Zee
.,-~.o.
A-D ~
A-10~
m
Q
I
q.~01
A61Q1 cuLTUrw.L
AREA = ~o.oio
A. lee
x
0 A-+°a
I I
D D
r r
D
A-~.e~
uN LAN ao (u) - 0
,•_~~ q U
~ ~
a ?
a - n ."~
j ~.
~~f ~ q.40s
VN AN GC V) j• j
~! ~ A-~a
~ r~
AMENDMENT TO THE ZONING CODE
AMI=NOING S~CT1cN ~S-95A (NORTH ANr.~ SauTH
KOHALA OIST>?ICTS 'ZONE MAP) A14T1CLE 3, C}.iAl°TET~
Z5 (ZONING COOL) OF THE HAyVA11 COUNTY COflC,
BY CHANGING THE C15TT~iCT CLA551FiCAT10N FROM
AGPiCULTUI~AL (A-~Oo) TO AGi~1CULTUr?AL (A-3a~
AT KAHUA IST AND YVAIKA, NORTH KOHALA, HAWAII.
f~RET~ARCO BY ` CoU TY~OF HAWAIIM~NT
o~_ 06 c t °AC" ~0'V LANn INVESTMENT SH°T °~~ 1987
T NI K - S -