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Home My WebLink AboutORD 2007-106 2006-2008 .~"acv or y~,t r!~ Ci~_~~• •'4 COUNTY OF HAWAII STATE OF HAWAII •~M~Mr~ BILL NO. 82 ORDINANCE NO. 07 106 (nor 3) AN ORDINANCE AMENDING ORDINANCE NO. [A~l-] 0221, WHICH AMENDED ORDINANCE NO. 98-87, WHICH AMENDED ORDINANCE NO. 90-008, AND WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 20 ACRE (A-20a) TO AGRICULTURAL - 3 ACRE (A-3a) 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. [82~f] 020221 is amended as follows: "SECTION 2. 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 205, [Ilawaii] Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District; t'~° a°«° °°«w° ]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 azea within the proposed lot lines exclusive of easements for access and drainage purposes and future 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 aze 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 azchaeological 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- I. 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; [~]J. [ > with] The applicant shall comply with all applicable County State and Federal laws, rules, regulations and requirements; [I-]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 Goals and Policies of the Housing Element 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 11 shall be approved by the Administrator of the Office of HousinP 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] [~]N [ -3- .J 1.,.....n..14 46..:.. f ..14 e..l:..e«.. F 6.. e.,+e ..IA «..4 6e «4~ , 4.. 46.. ..1 Dl., C ~ ~ ,.F 41.,...6,.«,.e ,.F .,,.«e• „«.I > > «o« \ 46.. +:....,...w..«..:,.« ....«4ua ..6..11 6o F ~ «..4 t~ ~~.a. +~o«av _ _ _ _ - _ r - o e e o 0 S\ :F+1.,. ......1:,...«+..6,...1.7 a ,,,7.7:4:......10.,40«..:.... ..F 4:..,e 41,o Dlo....:.... °T > il:~e..+..~ ..6.,11 ....6...:++6.. ....«1:,... ~ e..++.. +6e «..:1 F ~ ':,.4e aetier~] If the applicant should require an additional extension of time, the applicant shall submit its request to the Hawaii County Council for appropriate action; and [#I ]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 throu¢tl. 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 WAI`I Kona Hawaii Date of Introduction: July 10 , 2 0 0 7 Date oflstReading: July 10, 2007 Date of 2nd Reading: July 25, 2007 Effective Date: August 14, 2007 ~,r, cn~idCl:: Comm. 306.7.__ -5- ~ ..-a0• ' 4-100 r. I O i o <r~ s\a~ tiO~ a-3• FOR REFERENCE / PURPOSES ONLY / A a• ..x, / A- yO e Q ~ ' I~~9-l ~ ~-100 't A-!. sC7•ee• az'~'-'~~ =•~e4•=~ AQRiCULTURAL~ (A-~O~ ~ ~~~e TO AGlQICULTURAL (A-J ~iss~•s~' A1FLaA a ~.S_O~'2 ACJ~iC i ,Q. as°°e . ~w-rr ~ =.soa.3~ A-r0• pR/V~ MYA M'ie~ ',L O 0 . ~+-sue D ~ ,?-s. I~~See A-ise n°- - ~ a ~ 4 3s A-30e V n '~Y Y q-le A-40. ~ \ V I ~ r M!•` 1 , AMENDMENT TO THE ZONING CODE AMeNDING _r-+GCTtON CS-93A ~NOC~TTi ANO SOUTTi KO!••IALA D15TR1GT0 BONE MAP) ARTICLE 3, C7-iAPTER ~.s (ZONiNE CODE} OP T?~•fE !'1AWA11 COUNTY COCr_°, F.3Y C>'-fA1VGIN6 THE DISTIRlGT CLAOSIFICA-T"10N FROM AG>41CULTLRAL (A-ZOa~ TO AGR1CtJLTL![~AL (A-~o) AT KAHUA 4ST, NO(~~'Yi KOHAI-A, HAYVAtI. PRI=PARED ®Y ~ PC-ANNINC3 CC-1°ARTNI~NT 1 'tma41NTY g~ MAS"VAIt b XNIFaIT °A'~ OFFICE OF THE COUNTY CLERK County of Hawaii Kona. Hawaii (Draft 2) Introduced By: K. Angel Pilago ROLL;C L \{O Datelntroduced: July 10, 2007 AYES NOES ABS X First Reading: July 10, 2007 Ford X Published: N/A Higa X Hoffmann X REMARKS.' Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 0 2 0 Second Reading: July 25, 2007 (Draft 3) To Mayor: August 2, 2007 ROLL CALL VOTE Returned: August 14, 2007 AYES NOES ABS EX Effective: August 14, 2007 Ford X Published: August 24, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 / DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as / indicated above. APPROVED AS TO FO AND LEGA ITY: {1 COUNCIL GHA/KHAN DEPU CORPORATION C SEL COUNTY OF HAWAII 42C t C-ti t~~t COUNTY~L Date 82 (Draft 3) Bill No.: C-306.7/PC-35 IEf-'I~ d Reference: prove ~tDisapproved thia~ ay of Yt wYY 20 O7 OrdNo.: Q~ 1~6 a~~rt~~ YOR, C ~F HAW