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Home My WebLink AboutORD 1990-139 1988-1992,~' t ~'°~ ~~ COUNTY OF HAWt~ZI~'~~STATE OF HAWAII -;.-~ Bill No. 330 ORDINANCE NO. °0 139 4 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, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-08:5. 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, North Kohala, Hawaii, shall be Agricultural (A-3a): Beginning at the Southeasterly corner of this parcel of land, being also the Southwesterly corner of Lot 44 of Land Court Consolidation 117 (Map 4) and being a point on the westerly side of Lot 46 of Land Court Consolidation 117 (Map 4) and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the Westerly side of Lot 46 of Land Court Consolidation 117 (Map 4): Thence, following on a curve to the left with a radius of 840.00 feet, the chord azimuth and distance being: 1. 26° 22' 55" 2. 14° 30' 345.91 feet to a point; 94.35 feet to a point; ~, Thence, following on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 3. 26° 15' 40" 187.53 feet to a point; 4. 141° 26' 1,578.75 feet along Lot 16 of Land Court Consolidation 117 (Map 3) to a point: Thence, for the nest four (4) co urses following along the middle of Ke awewai Gul ch, in all of its meanderings, the direct az imuths and distances being: 5. 246° 25' 17.14 feet along Lot 200 o f Land Court Consolidation 117 (Map 12) to a point; 6. 211° 35' 338.46 feet along Lot 200 o f Land Court Consolidation 117 (Map 12) to a point; 7. 169° 16' S1" 247.32 feet along Lots 200 and 199 of Land Court Consolidation 117 (Map 12) to a point; 8. 242° 10' 33" 110.00 feet along Lot 199 of Land Court Consolidation 117 (Map 12) to a point; 9. 321° 26' 1,604.50 feet along Lot 185 of Land Court Consolidation 117 (Map 12) and along Lot 44 of Land Court Consolidation 117 (Map 4) to the point of beginning and containing an area of 20.084 Acres. 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) subdivision plans shall be submitted to the Planning Department within one year -2- from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval. 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 future road widening setback areas; (C) it shall be demonstrated 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; -3- (D) 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; (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) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (G) 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; (H) all other applicable laws, rules, regulations and requirements shall be complied with; (1) 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 change of zone. 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 -9- the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, (K) an 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 applicant, 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; 9) 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 shall initiate rezoning of the area to its original or more appropriate designation. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED L MEMB~R~ COUNTY Hilo, Hawaii Date of Introduction: October 17, 1990 Date of 1st Reading: October 17, 1990 Date of 2nd Reading: November 8, 1990 Effective Date: November 20, 1990 -6- OHALA ROA(J f\...-gyp !` - -. At 200 242° 1I O'33" 110 _ oLLo 321°la6' -+ 1, ~ Zg73 5, F1 3a 141°26' f I, S']1 II° 9 6 x.46° 25' i 2~8 ~1.. -.. 17 14 ~~ ~ ~ f. - _'. __- __ q~9o ~ ~ -1 ~~ ~ ~ _._~ _ -~ I -ALA KAHUA bRfVE- ~~ A-yip A-3a _- A yf+ - ~ ~-KEAWEryAI \ % GULCH 3c. A-3° ~P r', ~~ u A ?n ~~6°22'55" I 34591 A-3a R= B4e-oe ----AGRICULTURAL (A-2oq) TO AGRICU LTUfZgL (A-3 AREA ="20.064 ACRES -14°90', 84_.35 26°15'40° ----~----~--- 167.53 R= 460 oe A-3a A-a0o A_ -ZOa I__.-__-_-__~-__ _. A-2oa /'.. A-3q A/-T2o a A 1° q 4f>p F. -4oq A-40o U _..~ ~ A-3q A-3q I _ _ U ~~ % Q~P ~ U A-40a lIN L. FIN C'. fl IUD 1~ A-3q __ P r V A-I~ AMENDMENT TO THE ZONING CODE AMENC>1NG SECTION ~S-95A (NORTH AN1~ SOUTIi KoHALA DISTRIC'T'S ZONE MAP) AID-r'ICLE H, CHAI°TEI@ ~S (ZONING CODE) OP THE HAWA11 COUNTY COOL, BY CHANGING THE DISTRICT CLASSIFICATION F140Mf AGI~ICULTUI~AL (A-ZOo) 1-o A6RICLILTURAL (A-3o) AT KAHUA , NORTH KOHALA, HAWAII. - I~REpAfQCp BY = PLANNING I~EpARTMENT coUrtTY O~ HAWAII TMK = S-~-oB =5 JULY 27 1°J°Jo EXHIBIT IIAII