HomeMy WebLinkAboutORD 1988-069 1988-1992COUNTY OF HAWAII , _ _STATE OF HAWAII
BI~~ W0. 534
(Draft 2)
ORDINANCE NO.
88 ~9
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALP.
pISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM UNPLANNED (U) TO AGRICULTURAL (A-3a) AT KAHUA AND WAIKA,
NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-06:8 & 9.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, Article 3, 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 Kahua and Waika, North Kohala, Hawaii, shall
be Agricultural (A-3a):
Beginning at the South corner of this parcel of land, on
the Easterly side of Roadway Lot 74 (Map 6), being also
the Northwesterly corner of Lot 62 (Map 6) of Land Court
Consolidation 117 and running by azimuths measured
clockwise from true South:
Along the Easterly side of
Roadway Lot 74 (Map 6) of
Land Court
Consolidation 117 on a
curve to the left with a
radius of 930.00 feet, the
chord azimuth and distance
being:
LA/TN
1. 151° 51' 38" 336.47 feet;
thence along the Easterly
side of Roadway Lot 74
(Map 6) of Land Court
Consolidation 117, on a
curve to the left with a
radius of 330.00 feet, the
chord azimuth and distance
being:
2. 133° 16' 01.5" 93.81 feet, thence;
3. 181° 29' 15" 886.21 feet along Lot 64 (Map 6)
of Land Court
Consolidation 117 to the
middle of Keawewai Gulch;
thence along middle of
Keawewai Gulch for the
next three (3) courses,
the direct azimuths and
distances between points
along said middle of gulch
being:
4
5
6
7.
8.
256° 21' 20" 165.63 feet along Lot 310
(Map 12) of Land Court
Consolidation 117;
295° 12' 10" 117.53 feet along Lot 213
(Map 12) of Land Court
Consolidation 117;
292° 51' 120.90 feet along Lot 212
(Map 12) of Land Court
Consolidation 117, thence;
321° 26' 820.82 feet along Lot 21 (Map 3)
of Land Court
Consolidation 117;
51° 26' 19" 877.84 feet along Lot 62 (Map 6)
of Land Court
Consolidation 117 to the
point of beginning and
containing an area
of 16.030 acres.
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All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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) it shall be demonstrated to
the satisfaction of the Planning Director that substantial
agricultural activity is being conducted on the lands being
considered for subdivision under the change of zone request.
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. An
agricultural activity will be considered substantial: 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 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 and duly
recorded with the State Bureau of Conveyances and with a copy
-3-
filed with the Planning Department. The execution of a farm
dwelling agreement may also suffice in lieu of the above
requirements. Each approved lot must comply with one or more
of the above requirements to satisfy the conditions of approval
of this change of zone request; (C) subdivision plans shall be
submitted to the Planning Department within one year from the
effective date of the zone change. Final subdivision approval
shall be secured within one year from the date of receipt of
tentative subdivision approval; (D) a drainage system shall be
installed in accordance with the requirements of the Department
of Public Works; (E) 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;
(F) all other applicable laws, rules, regulations and
requirements be complied with; (G) 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 condition
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, (H) an initial
extension of time for the performance of conditions within the
-4-
ordinance may be granted by the Planning Director upon the
following circumstances: 1) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicants, successors or assigns, and that
are not the result of their fault or negligence; 2) granting of
the time extension would not be contrary to the general plan or
zoning code; 3) granting of the time extension would not be
contrary to the original reasons for the granting of the change
of zone; and 4) the time extension granted shall be for a
period not to exceed the period originally granted for
performance (i.e., a condition to be performed within one year
may be extended for up to one additional year); and 5) if the
applicant should require 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 may initiate rezoning of the area
to its original or more appropriate designation.
SECTION 3. 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 may at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance.
-5-
SECTION 4. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 5
approval.
Hilo, Hawaii
This ordinance shall take effect upon its
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
DSay 4, 1988
May 4, 1988
May 18, 1988
D±ay 31, 1988
-6-
INTRODUCED BY:
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A-419
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~S-°.~SA (NOIQTH AND SOUTH
KOHALA DISTRICTS ZONE MAI°) ARTICLE 3, CHAPTER
ZS (ZONING CODE OF THE HAWAII COUNTI' CODt,
BY CHANGING T'HE 1~ISTRICT CLASSIFICATION
FROM UNI°LANNE'17 (U) TO AGtRIe.ULTURAL (A-3o)
AT KAHUA AIyO WA1KA, NORTH 1'COHALA, HAWAII.
PREPARED l3Y _ PLANNING DC-1°ARTMI=NT
~uNTY OF HAWAII
~'j'M K = ~-9-06 = 8 AND ~
)=~B. I°-~~ 1988
EXHIBIT „A„