HomeMy WebLinkAboutORD 1986-078 1984-1988COUNTY OF I~AWAII STATE OF HAWAII
BILL NO. 199
ORDINANCE NO. 86 78
AN ORDINANCE AMENDING SECTION 25-91 (THE NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, AS AMENDED, RELATING TO THE MODIFICATION OF
A CONDITION TO THE DISTRICT CLASSIFICATIGN FROM AGRICULTURAL
(A-20a) TO AGRICULTURAL (A-l0a) AND AGRICULTURAL (A-3a) AT
MAHUKONA 2ND AND PUUUKUMAU, NORTH KOHALA, HAWAII, COVERED BY
TAX MAP KEY 5-4-O1:lU, 11 AND 5-7-02:13.
BE IT ORDAINED BY THE COUNCIL OF ^1HE COUNTY OF HAWAII:
SECTION 1. Section 25-91, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, as amended, is amended to
modify a condition to reclassification in Ordinance No. 865 and
further amended by Ordinance No. 83-15, to read as follows:
This subsection is conditioned upon the following:
(A) that the petitioner, its successors or assigns shall
be responsible for complying with the stated conditions of
approval; (B) that the property shall be developed in
three increments. The first increment shall consist of
115+ contiguous acres in three-acre parcels and 132+ acres
in ten-acre parcels. The second increment shall consist
of 110+ acres in three-acre parcels. The third increment
shall consist of 80+ acres in ten-acre parcels; (C) that
the zoning for the second increment shall be effective
upon the establishment of appropriate agricultural
activity on fifty percent of the three-acre lots in the
first increment. The zoning for the third increment shall
be effective upon the establishment of appropriate
agricultural activity on fifty percent of the ten-acre
lots in the first increment. For the purpose of this
condition "agr.iculture" 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 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; or (2) if it
provides a major 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 duly
recorded with the Planning Department and Bureau of
Conveyances; or (4) if the property is purchased in whole
or in part through an agricultural or farm loan obtained
from a federal, state or private institution; (D) that the
subdivision plan for the first increment shall be
submitted within one year from the effective date of
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approval of the change of zone. Final subdivision plans
shall be submitted [within one year after the date of
tentative subdivision plan approval) by December 9, 1986;
(E) that a water system meeting the standards and
requirements of the Department of Water Supply's Rules and
Regulations. shall be provided prior to final subdivision
approval of the first increment; (F) that a drainage
system meeting with the approval of the Department of
Public Works shall be installed; (G) that the petitioner
shall receive proper approval from the State Department of
Transportation, Highways Division and the Department of
Public Works, complying with all County and State
regulations as it relates to roadway within the proposed
subdivision and access to the public highway. Further,
access to all lots shall be restricted to an interior
roadway meeting with the approval of the Department of
Public Works; (H) that a copy of the final executed
dedication deed to the State of Hawaii relating to that
portion of the existing Waimea-Kohala Government Main Road
right-of-way occupying property identified as
TMK 5-4-01:11 and containing an area of 4.858 acres shall
be submitted to the Planning Department prior to final
subdivision approval; (I) that roadways are planned and
constructed within the proposed subdivision to tie-in with
the abutting properties; (J) that restrictive deed
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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
mandatory agricultural use provisions as defined in
Condition C as well as provision to protect Kehena Ditch
from contamination by lot owners; (K) that performance
reports shall be submitted to the Planning Director and
forwarded to the Council prior to the Director's
determination that appropriate agricultural activity has
been established as stated in Condition C. The report
shall contain information including but not limited to
verifying compliance of Conditions C and J; and (L) that
all applicable rules, regulations and requirements be
complied with. [Should any of the foregoing conditions
not be met, the rezoning of the subject property to its
original or more appropriate zoning designation may be
initiated.] The Planning Director may administratively
grant extensions to the foregoing time conditions.
Further, should any of the foregoing conditions not be met
or substantially complied with in a timely fashion, the
Director may initiate rezoning the area to its original or
more ap ropriate designation.
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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SECTION 3. In the event that any portion of the 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:
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: June 17, 1986
Date of 1st Reading: June 17, 1986
Date of 2nd Reading: July 2, 1986
Effective Date: July 9, 1986
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