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Home My WebLink AboutORD 1988-151 1988-1992COUNTY OF HAWAII. , ;STATE OF HAWAII BI~~ N0. 635 ORDINANCE NO. s8 151 AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-06:4. 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 southwesterly corner of this parcel of land, on the Northwesterly side of Roadway Lot 33 (Map 3), being also the Southeasterly corner of Lot 59 (Map 3) of Land Court Consolidation 117 and running by azimuths measured clockwise from true South: 1. 141° 26' 2,359.97 feet along Lots 59, 62, (Map 6), 25 (Map 3) and 63 (Map 6) of Land Court consolidation 117 to middle of Keawewai Gulch; thence along middle of Keawewai Gulch, along Lot 212 (Map 12) of Land Court Consolidation 117, for the next three (3) courses, the direct azimuths and distances between points along said middle of gulch being: 2. 260° 44' 85.25 feet; 3. 217° 40' 30" 218.85 feet; 4. 247° 55' 204.03 feet; thence along middle of Keawewai Gulch, along Lot 211 (Map 12) of Land Court Consolidation 117, the direct azimuth and distance between points along said middle of gulch being: 5. 248° 46' 30" 18.03 feet, thence; 6. 321° 26' 2,163.82 feet along Lot 20 (Map 3) of Land Court Consolidation 117; 7. 34° 45' 437.84 feet along the Northwesterly side of Roadway Lot 33 (Map 3) of Land Court Consolidation 117; thence along the Northwesterly side of roadway Lot 33 (Map 3) of Land Court Consolidation 117, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 8. 39° 52' 46" 82.25 feet to the point of beginning and containing an area of 26.085 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- SECTION 2. Section 1 of this ordinance shall take effect forthwith upon the following conditions: (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 filed with the Planning Department; (C) subdivision plans shall be submitted to the Planning Department within one year from -3- 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) an archaeological reconnaissance survey shall be conducted and the report shall be filed with the Planning Department in conjunction with the subdivision application; (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) access to the proposed lots shall be from an interior subdivision roadway. No direct access shall be allowed from Ala Kahua Drive; (H) all other applicable laws, rules, regulations and requirements be complied with; (I) 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; (J) 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 -4- 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 (K) an initial extension of time for the performance of conditions within the 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. -5- 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: CO NCIL MEM ER, COUN•Y OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: October 5, 1988 October 5, 1988 October 19, 1988 October 27, 1988 -6- I 3A A-34 , ~_ A-3a q+3a ,. ~. I + P~39 r Q__i KEAW C-WAI A-3a GULCH Y L - 3 - ALA KAYiUA <,- e ~RIV C- ~ A-20c _ ~ _ _° _._ A-9o 1 A-3a A-1oq I ~ I Sc ~,~L ~ A-4oc ~. F Z `'ooQ y ~ 0 '~ A-2oq ~ 1, _ - z49°4'30" A-~-.a // 16.0 24J SS \ 321° 26' -s 1~16B.02 104.03 217 40'30'x- 21F.05 I i '~~ 3°~ 14- 2G' 1,359.07 ~2G0° 49.• ' BS-52 ~J_ ~ ~JNPLANNEIJ ~U) A-39 A-~~ Q ~G l y Pte/ q-~4 // ~ ~? + ~ j A le D D / ~ "-34 u N ~ N 2 ~ ~ ~ c ~ ~ a , a c z 0 0 ur.IV ~.ANNao (u) J fu) A-3q .. n-lo -__- ~r- KAW AIHA v 1 - -L __ S ~_S ~ AKONI p Ul_E HIGHWAY (KAW AIHAE -l~1AHUKONA RoAO) I UN~ LANNC-b U~ UN PLANNC~J (V~ RBI -4 A-40q A 4ae. ~ KA I OI°AE p0 i NT S ~ A AMENDMENT TO THE ZONING CODE AMENDING SECTION ~S-OJSA ~NOIe7'{--I AND SOUTH KOHALA D1STIeiCTS ZONE MAP) ARTICLC- 3, CHAI°TCR 25 (ZONING CODE OP THC I-tAWAII COUNTY COpE~ t31' CJ-iANG1NG THE b15TR1CT CLASSIFICATION FROM AGRICULTURAL (A-~.Oa~ TO AGRICUL~-U1QAL (A-3a) AT KA1-iUA Ai~1D WAIKA, NoI2TH 1COHALA, HAWAII. I~REI°ARC-p BY PLANNING CEpAf~T1~fENT GoUNTY oP r""IAWA11 ~TMK = 5-~-06 = 4 JuIY 1, rimes AGRICULTURAL (A-20q~ TO AGR1CUl_7'URAI_ (A-JQ. _ AREA = X6.085 AGRCS --39° 52'4G" 82 5 . 0 0 R A_~pq Q - - 46 0 Q SS T (ul A-Iq r f D- EXHIBIT ~~Ar~