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Home My WebLink AboutORD 2004-068 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 9~ (Draft 2) ORDINANCE NO. 04 68 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 I. Ordinance No. 94 99 is amended as follows: "SECTION 1. Section 25-8-8, Article [3} 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, Hawaii, 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 eranted for the proposed subdivision. -1- C. Final Subdivision Approval shall be secured within three (3) years from the effective date of this [e~di~xanse] 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 Hawaii upon its request. [6] D. Access to the subject properties from Hawi Road shall meet with the approval of the DeparUnent 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; [1?] F. Wastewater shall be disposed of in a manner meeting with the requirements of the Department of Health; [F] G. [ Birester.] Restrictive covenants in the deeds of all the proposed lots within the subject nronertv shall eive notice that the terms of the zonine ordinance prohibit the construction of a second dwelline unit and condominium -2- propertv regimes on each lot. This restriction maybe removed by amendment of this ordinance by the Countv Council. The owners of the propertv may also impose private covenants restrictine the number of dwellines. A copv of the proposed covenant(s~ to be recorded with the State of Hawaii Bureau of Convevances shall be submitted to the Plannin¢ Director for review and approval prior to the issuance of Final Subdivision Approval. A copv of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Convevances. [Fr] 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 condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable, 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 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 -3- 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; 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; J. Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological 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; [I4] 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 -4- of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. ~b~ M r n., o.,.^..^:^.. ,.c.:...^ F ...~.e,pe..r ~ a.. . b._tzli2 s nrivin~l rr~cic~nc fnrthn ^-^~-t~«,. ,.F 1. t, r ___O____._ b~~~..~~~b vumabv a. cviroe flErIFl(~ Flr11J'«..17....« i 4:.« «e..F y~ 1,.. ^..a^...7...1 f t.'"" ~...u u~ a~tieHal-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." -5- 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: a COUNCIL MEi\ R, O TY OF AI`I Hilo , Hawaii Date of Introduction: May 19, 2004 Date of 1st Reading: May 19, 2004 Date of 2nd Reading: June 2, 2004 Effective Date: June 14, 2004 P.EFERtNCF: Con:m, 598.1______ -6- A 2oa TRUE { / NORTH A ; A.1o• r SCAB-~+' D t"= 4eo' D A-Q°• L A ;j A!Z°• WAIM EA-. ~'OO KOMALA MT. ROAD A.~o• MAWf ~}QOAC A . 30 n s• r~ ~ ~ ~~z A z°. Dq r A 9• p ^ A-Zoo 1• ge. M m a. ea AGRICULTURAL (A-20o) ~~-=z• TO AGRICULTURAL (A-3a) a" Ssa~.'/ AREA = 7_000 AGRE°~ N I a ~ A 1Ce A-lee Q r A ~ le4• rl' ~~1 aa.so i c-a• r c ~ / 2rs•+e' it~.es o / ~?.ee ivr•ro' 9 00 / I rea•aa• co-eo X50. •.yo ne.ee q-'10a 4 ary d A-^o° f[AF-fEt ~ ROAO A-17• A 1s A-no° A ~O• n,rALgi A Q° IQipB A.ne I1y/ A 1° A-i• A-lee ~(CA HIPOe PL. AMENDMENT TO THE ZONING CODE ~ AMENDING 9EGTION 25-95 B (UPOLU POINT-KAAUhiUHU MoMESTEAD3 ZONE MAP) ARTICLE 3, CHAPTER ~5 ('ZONING GODS) OF THE' HAWAII COUNTY CODE B~' CFIATVC3ING THE DISTRICT CLA5311°ICATION FROM AGIQICt1LTURAL (A-20c~) -T'O AGRiCUL..TUtQAL (A-Jo) A? 1'CAAUHUHU, t~tOt~TH KOt•iALA, HAWAlt. P REpAREp p}y e pLANNiNG ~EPARTMSTVT CoUNT>' OP M.o.WAtl 1-'MK _ S-S-O'2 < Bra NOV. 7, t°.~~! OFFICE OF THE COUNTY CLERK ~ County of Hawaii ~ ~~?~'I JUi; lea f~~ o xilo ,Hawaii ~ - Introduced By: Leningrad Elarionoff r~(y~OL~t,CALLV.OTE Date Introduced: May 19, 2004 AYES NOES ABS EX First Reading: May 19, 2009 Arakaki X Published: N/A Chung X Elarionoff X RfMARK.S: Holschuh X Jacobson X Reynolds X Safarik X Tulang X fyler X 8 0 1 0 Second Reading: June 2, 2009 To Mayor: June 9, 2009 ROLL CALL VOTE Returned: June 15, 2004 AYES NOtiS ABS EX Effective: June 14, 2004 Arakaki X Published: June 20, 2004 Chung X Elarionoff X REMARKS Holschuh X Jacobson X _ Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 I DO H~REBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO - FORM AND LEGALITY: - C NCLL CHAIRMAN DE UTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date ~ - SiIINo.: 262 (Draft 2) prove Disapproved phis _I day Reference: _ C-598 . 1/PC-91 of J u,nv~ , 20 0~, Ord: _ 04. 6B M YOR, C~ CY(INTY OF fIAWA// l/mvai'i Counh~ is un Equal Opporhm~ry Provider and Rnip[oyer