HomeMy WebLinkAboutORD 1991-082 1988-1992COUNTY OF HAWAL~ ,,, ,STATE OF HAWAII
BILL NO. 456
ORDINANCE NO. 91 X32
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 1ST,
KAHUA AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 5-9-06:3.
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 1st, Kahua and Waika, North Kohala,
Hawaii, shall be Agricultural (A-3a):
Beginning at the Southeasterly corner of this parcel of
land, being also the Northeasterly corner of Lot 21 as
shown on Map 3 of Land Court Consolidation 117 and being a
point on the Westerly side of Ala Kahua Drive and running
by azimuths measured clockwise from True South:
1. 141° 26' 2,163.82 feet along Lot 21 as
shown on Map 3 of Land
Court Consolidation 117
to a point;
Thence, for the next five (5) courses following along
the middle of Keawewai Gulch, the direct azimuths and
distances being:
2. 248° 46' 30" 81.99 feet along Lot 211 as
shown on Map 12 of Land
Court Consolidation 117
to a point;
3. 215° 31' 74.63 feet along Lot 211 as
shown on Map 12 of Land
Court Consolidation 117
to a point;
4. 185° 11' 10" 185.34 feet along Lot 211 as
shown on Map 12 of Land
Court Consolidation 117
to a point;
5. 227° 38' 40" 61.65 feet along Lot 209 as
shown on Map 12 of Land
Court Consolidation 117
to a point;
6. 217° 27' 165.17 feet along Lots 209 and
208 as shown on Map 12
of Land Court
Consolidation 117 to a
point;
7. 321° 26' 2,187.87 feet along Lot 19 as
shown on Map 3 of Land
Court Consolidation 117
to a point;
8. 34° 45' 521.97 feet along the Westerly
side of Ala Kahua Drive
to the point of
beginning and
containing an area of
24.870 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference, made a part herof.
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
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
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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 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, and 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. 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; (D) should any
unanticipated archaeological sites or features be uncovered
during land preparation activities, work within the affected
area shall cease and the Planning Department notified. Work
within the affected area shall not resume until clearance is
obtained from the Planning Department; (E) a drainage system
shall be installed in accordance with the requirements of the
Department of Public Works; (F) 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; (G) comply with all other applicable laws, rules,
-3-
regulations and requirements; (H) 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; (I) 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 include, but not be limited to, the status of the
development and to what extent the conditions of approval are
being complied with. phis condition shall remain in effect
until all of the conditions of approval have been complied and
the Planning Director acknowledges that further reports are not
required; and, (J) 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
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 becontrary to the
original reasons for the granting of the permit; 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
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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.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
~~~-'~Or~.nc/
COUNCIL ME BER, 0 NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 7, 1991
Date of 1st Reading: August 7, 1991
Date of 2nd Reading: August 21, 1991
Effective Date: August 29, 1991
APPROVED AS TO FORM AND LEGALITY:
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pfpCn'YCORPORATION COUNSEL
DATE: 4 ~Zy/~~
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AMENDMENT TO THE ZONING CODE
AMENDING SC-CT10N ~S-O-~SA ~NOfZTH AND SOUTH
KOHALA DISTRICTS ZONC- MAP) ARTICLE 3, CHAPTER
25 (ZONING CODE) OF THE HAWAII COUNT7' COC~E
SY CI-fANGING THE DISTF2ICT CLA551FICATIOI~I I=RON
AGRICULTUI?AL (A-~Oe~) TO A6RICULTLIIZAL (A-3a) AT
KAHlJA 1ST, KAHUA AND WAIKA, NORTH KOHALA,
HAWAII.
PREPARED By PLANNING DEI°ARTM CNT
COUNTY Op F-tAWA1i
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EXHIBIT °AI
IPHiLLIP DELMER~