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Home My WebLink AboutBIL 262 Draft 01 2002-2004 COUNTY OF HAWAI`~ ; = „STATE. OF HAWA.I`I BILL NO. 262 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 94 99, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAAUHUHU, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-02:85. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94 99 is amended as follows: "SECTION 1. Section 25-8-8, Article 8 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 Kaauhuhu, North Kohala, Hawai"i, shall be Agricultural (A-3a): SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within the one-hundred[-]eighty (180) days from the effective date of this ordinance. No water variance will be granted for the proposed subdivision. -1- C. Final Subdivision Approval shall be secured within three (3) years from the effective date of this [erdi~axee] amendment. Subdivision plans shall delineate a 10-foot future road-widening easement along the subject property's southern boundary and which shall be dedicated to the County of Hawai°i upon its request. [E] D. Access to the subject properties from Hawi Road shall meet with the approval of the Department of Public Works; [B] E. Drainage system easements and improvements, if required, shall be established and constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval; [B] F. Wastewater shall be disposed of in a manner meeting with the requirements of the Department of Health; [F] G. Restrictive convenants in the deeds of all the proposed lots shall prohibit the construction of an ohana dwelling or a second dwelling on each lot. A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval. Prior to securing final subdivision approval, a copy of the approved covenant as executed by the applicant and recorded with the Bureau of Conveyances, likewise, shall be submitted to the Planning Director. [6] H. It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purpose of this -2- condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable, foliage, fiuits, 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 satifactory: (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 second 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 a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; [f~] I. The applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Water Supply and Department of Public Works; -3- [I] J. Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or chazcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected azea shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an azchaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. [3] K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; [I~] L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports aze not required. Q~rE~km5tat1Ce6: I Tl.o « e~F «..e ~l,o . ..1~ ..f ....«Aa,.«,. ~l...t .,ia 1.....e l.oo« F ~o..oo« 0 1`e....«.1 fl.o ,...«t.-..1 ..F tl.e ..««1:,.,.«t «A il...? «..i ?l.e . .,H ..F~he:r F ..lr .,..I:..,,«,.o 6ranting~€t#te-Eitrr~e~ter~.>ie ~..,a ~~«•_~=Ttr•~ v viia~aw i iu.i vaTnzvaxrxscov~ -4- Q ~A ti.«e e.,te«..:,.« ..~..«t,.,i ..L...11 1`e F «e..:..,7 «,.t .,..,7 1. Y"r""' "r'b"'w.~ yu:.wu vi-(w~xvci ..v.....uvaa w vv l.e e.,te«AoA C ~ i. e, w...w., mua. ° addit~exal-year}. If the applicant should request 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 r~'~~"' may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and materials to be added is underscored. SECTION 3. In the event that any portion of this 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: O 1CIL M BER, COUN Y OF HA `I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: ItEFEItEIyCFs Comm. 59S -5- ' A zoa TRUE { NORTH A sa D A~-io° I SCALD= D ~ ".400' D A-i0a ~ A 3° A11O° WAIM EA-~ A 20° Ko HALA ~Ij. MT. ROAD ~-...vrv, '•r u o4- 66 C / '~2oe.Bee ~ / HALE"0~~ A-1o° A..ca MAWI ROAD A;]O q 3° 1~ ~ \ B2°97' A 20° 327.2° 0~ A 20e A- 3° n W A-20a 2°59' h~ 116.83 AGRICULTURAL (A-20o) Sgs-°2• To AGRICULTUf?AL (A-3a) u ~°1.2/ AREA = 7.000 ACRES u C I N A-20° O A 100 n q 39 M IB4' II' 162°15' 39~so 149-63 215°9B' ' 101°10' 7,0 / 73-DO 6~-00 0 0° / IB3°33' \e0' • DO J 2B.eo \a%o A-2oa y ti o A "oo c KAt-fE~ ~ RO.9O A-17a A 2° A-10° "MAL~U A 2q A 10° R~pG A 2a A la A-I° A-2o° I KEAHIPOLC PL_ AMENDMENT TO THE ZONING CODE ~ AMENDING SECTION 25-95 B (UPOLU POINT-KAAUHUHU I1oMESTCADS ZONE MAP) ARTICLE 3, CHAPTER ~5 (ZONING CODC--) OF THE HAWAII COUNTY CODE BY CHAtVC31NG THE DISTRICT CLAS511°ICATION FROM AGRICULTURAL (A-2O a) TO AGR1CUl..TU1QAL (A-3c?) AT KAAUHUHU, t`IORTH KOtiALA., I-IAWAII. P REpAREp By = PLANNING pEpARTMC}yT CoUNT>' OP HAWAII TMK = S-S-o~ = BS NOV. 7, t~~t EXHIBIT ..A.. w