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Home My WebLink AboutBIL 082 Draft 03 2006-2008 tv or y- V ~ .1~.L COUNTY OF HAWAII STATE OF HAWAII N~~ BILL NO. 82 ORDINANCE NO. (nlz~-r 3 ) AN ORDINANCE AMENDING ORDINANCE NO. [92~)-] 02-21, WHICH AMENDED ORDINANCE NO. 98-87, WHICH AMENDED ORDINANCE NO. 90-008, AND WHICH RECLASSIFIED LANDS FROM AGRICULTLJRAI. - 20 ACRE (A-20a) TO AGRICULTURAL-3 ACRE (A-3 a) AT KAHUA 1ST, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-007:007. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. [02 ~1-] 02-21 is amended as follows: "SECTION Z. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter ZOS, [Hawaii] Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District; C. [c..~.a:.:..:,.., ..i.,.....,t,,.ii tie ...,ti...:««oa «tio oi.,....:..,, n:.o,.«,,...,:«ti,:.. ,...e ..e„~ c vae...:..,, a..«,. ,.c«,.,, ,.,,,,.,Re ,.r..,..,e ]Final subdivision approval shall be secured within five (5) years from the effective date of this amended ordinance. Minimum lot sizes shall be determined by calculating the total area within the proposed lot lines exclusive of easements for access and drainage purposes and fixture road widening setback areas; D. It shall be determined to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lots to be rezoned 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, 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. Agricultural activity will be considered substantial (1) If it provides a major source of income to the person(s) who resides on the property, or (2) If the property is dedicated for Agriculture uses in accordance with applicable Department of Finance, Real Property Tax Division's procedures. This condition shall be incorporated in each of the deeds for the proposed lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval; E. Prior to submittal of preliminary subdivision plans, an archaeological reconnaissance survey report shall be submitted and approved by the Planning Department in consultation with the Department of Land and Natural Resources- Historic Sites Section; F. Should any unanticipated archaeological sites or features be uncovered during land preparation activities, work within the affected area shall cease and the Planning Director notified. Work within the affected area shall not resume until clearance is obtained from the Director; G. A drainage system shall be installed in accordance with the requirements of the Department of Public Works; H. 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; -2- L A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval; ~ m n ~m~ ~raiviii,~r ,.««I:..µ~:~ rwl e.. a Jnk:....o .....7 ~o ,u.omo.,ka ..6µII L. vv I:o.J .,,b,,.»......,, » .,y» „ ...r..,,,. with] The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; [d-]K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; L. To ensure that the Goa?s and Policies of the Housing E?ement of the General Plan are implemented, the applicant shall comply with the requirements of Hawaii County Code, Chapter 11, as it relates to affordable housing. Compliance with Chapter I 1 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval; [IB]M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This conditions shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; [and] -3- F e 1,,...««,J 41.n ....«a«..1 ..F kl.n n««I:..n«4 ..«y~ n.- n......on oao. _ _rr____.._., ____a__.,, ,J 1. 41.,. ~ ..I4 al...:.. C ..14 «,.I:,.n«....~ Q~ n«ti«~ ..F 41... 4:.«n n..4n«n:~« «..la «n4 hn r~«a.~n.nr k~ 41.« n «nl F n ....«4:«,. ,.C 41.n ..l.n«..n ..F ..n«n~ n«.J A\ 41.u 4:r«......4..«..:.~« n«an.7 nl,nll l.« F ~ n ...7 ««4 4.. o noa 41.0 « ...7 > > T1' 1...11 n..l..v.:4 4{.u n««1:....«4~.... «n4 4« 4M,. rte..«a.. rte..«,.:I C n :n4,. action:] if the applicant should require an additional extension of time, the applicant shall submit its request to the Hawaii Coun~Council for appropriate action; and [A4-]O. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck throueh. New material is underscored. -4- 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 COUNCIL ME ER, COUNTY O HAWAI`1 Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: . , t~t<: Comm. 306.7 -5- ~ v. nee • q_y0e P'' I ~O k ~ .-da• `s~~'P ~ n-3e _ ~ FOR REFERENCE / PURPOSES ONLY / 4- 3 s 4~L~ / A-.f0 ° Q C • A-9-a ~ ~ A-1°O 1 i •,-jam A-9~ ~s3D ~o7~OO~ az4••v7•' 1•~~+~_~ AQRTGtd LTtJ IRAI.:_ (A-~O~ TO AGJQICLLTUTQAL (A 3 z+s•+~'a~' A7FLaA ~ G.t3_O°J'2 ACfiL ~~a_ s~ - q~GC6°O i~•~?~•?r - n.soa.Za ~ r DR V~ MYA M3~ 0 A~~e. 0 = _ n•se D ~ r.-a. ' _ . ,~~s°~ .~-2e~ _ 0 ~f d ~ / ~ a ~ fl 3'~ A~30° ~ ~ , V A 9a Pw D~ ~ Jr~ 11 u ~ r~..~ u ~ f r M!~ AMENDMENT TO THE ZONING CODE Atv18NDING _r-+ECTlON 23-95 A (NORT}i AND SCLtT?'1 KOFyALA D15TR1CT~ BONE MAID) ARTiGLE Ci-tAPTER ~.E (ZCNIiV~ CODE} OP ThiE t'1AWAi1 COUNTY CflDI-° , BY C1""IAN@1N6 T11Cj DIST1°4IOT GLAOSlF1CA'T'lON FROM AGf~ICULTLlRAL (A-aOa~ TO AG1=2lGLLTUC~AI.. (,A-tea} AT KAriuA lST, NOft'TYl KOHAI-A, FiAYVAtI. 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