HomeMy WebLinkAboutCOM 1155.001 1980-1984TAKASHI DOMINGO
Council Member
May 19, 1983
COUNTY COUNCIL
COUNTY OF HAWAII
HAWAII COUNTY BUILDING
HILO, HAWAII 96720
TO: Planning Committee Members
FROM: Takashi Domingo, Chairman
SUBJECT: Bill 949/Trump
Please find attached Bill 949, Draft 2, with housecleaning changes
to condition A. In addition, the Council will be taking an
interest in how the performance condition C relating to
agricultural use is determined by adding the phrase "who shall
forward the basis of said determination to the Council."
Att .
Oorm nL Na 1155,1
File No.
Ref. Toi—.�.e.:.=_�.
$ef. Date MAY 2 1983
BILL NO. 949
(Draft 2)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 7.09 (THE KAMUELA ZONE MAP),
ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE,
AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A -40a) TO AGRICULTURAL (A -5a) AT PUUKAPU
HOMESTEADS, 2ND SERIES, SOUTH KOHALA, HAWAII, COVERED BY TAX
MAP KEY 6-4-17:23.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. SECTION -7.09, Article 2, Chapter 8 (Zoning
Code) of the Hawaii County Code, as amended, is further amended
to add a new subsection, to read as follows:
117.09 ( ). The district classification of the
following area situated at Puukapu Homesteads, 2nd Series,
South Kohala, Hawaii, shall be Agricultural (A -5a):
Beginning at the Southeast corner of this parcel of land
on the Northerly side of Mamalahoa Highway, being also the
Southwest corner of Grant 9922 to Peter Bell, Jr., the
coordinates of which referred to Government Survey
Triangulation Station "EAST BASE" being 7,074.70 feet
North and 3,286.00 feet East and running by azimuths
measured clockwise from True South:
1. 730 50' 600.50 feet along the
Northerly side of
Mamalahoa Highway;
2. 1660 10' 2,295.78 feet along Grant 8124
to Annie K. Ahuna;
3. 2940 59' 770.06 feet along the
Southerly side of
Upper Hamakua Ditch
Right-of-way;
4. 3460 10' 1,788.63 feet along Grant 9922
to Peter Bell, Jr. to
the point of beginning
and containing an area
of 28.1294 acres.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part here6f.
This subsection 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) the area be zoned in two
increments. The first increment shall consist of a
maximum of seventeen contiguous acres, and the second, the
remaining area; (C) rezoning of,the second increment shall
only become effective upon subdivision of the previous
increment and upon the establishment of appropriate
agricultural activity, as determined by the Planning
Department who shall forward the basis of said
determination to the Council on each of the lots within
the first increment. 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 appropriate
(1) if such activity is intensively utilizing a minimum of
fifty percent of the usable land area of the affected
property(ies); or (2) if it provides a major source of
income to the person(s) utilizing on the property; or
(3) if a level of production, greater than or equal to
that which could be achieved on fifty percent of the
usable land area, is achieved on a smaller area through
alternative production technology; (D) subdivision plans
for the first increment shall be submitted within one year
from the effective date of this ordinance. Final
subdivision plans for the first increment shall be
submitted within one year from the effective date of
-2-
tentative subdivision approval;(E) subdivision plans for
the second increment shall be submitted within one year
from the effective date of the zoning for that increment.
Final subdivision plans for the second increment shall -be
submitted within one year from the effective date of
tentative subdivision approval; (F) access(es) for the
proposed subdivision shall meet with the approval of the
Chief Engineer; (G) a drainage improvement plan, meeting
with the approval of the Chief Engineer, shall be
developed; (H) 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 a mandatory agricultural use
provision for each lot as previously defined in
Condition C. The covenants shall require all dwellings to
meet the definition of farm dwelling below. Furthermore
the covenant shall restrict the area devoted to all
dwellings to a maximum of one-half acre per lot. "Farm
dwelling" as used herein means a single-family dwelling
located on and in connection with a farm or where
agricultural activity provides income to the family
occupying the dwelling. The remaining portion of the lot
shall be used for agricultural purposes only. The
restrictive covenants contained herein shall run with the
land and shall be incorporated into any deed, lease,
agreement of sale, mortgage, or other instrument of
conveyance executed for the subject property(ies); and
(I) all other applicable rules, regulations and
requirements shall be complied with. Should any of the
forgoing conditions not be met, rezoning of the area to
its original or more appropriate designation may be
initiated."
-3-
SECTION 2. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Offle