HomeMy WebLinkAboutORD 1991-083 1988-1992COUNTY OF HAWAII , . , STATE OF HAWAII
BILL NO. a s ~
(Draft 2)
ORDINANCE NO. 91 83
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25, (ZONING CODE) OF THE
HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITIONS C AND F
OF ORDINANCE NO. 87-9, WHICH RECLASSIFIED 24.947 ACRES OF LAND FROM
AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA 1ST AND WAIKA,
NORTH KOHALA, HAWAII,. TAX MAP KEY 5-9-07:03.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 87-9 is amended as follows:
"SECTION 2. This change in district classification is
conditioned upon the following: (A) the petitioners, successors or
its 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 these change of zone requests. 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 convenant and duly recorded with the State Bureau of
Conveyances and with a copy 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 these change of zone requests; (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 approval of this
amendment; (D) a drainage system shall be installed in accordance
with the requirements of the Department of Public Works; (E) 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; and (F) all other applicable rules,
regulations and requirements be complied with. 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
-2-
requirements of the Unified Impact Fees Ordinance. Further,
should any of the conditions not be met or substantially
complied with in a timely fashion, the Planning Director shall
initiate rezoning of the property to its original or more
appropriate designation."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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.
BY:
COUNCIL ME ER, CO ~1TY 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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DEPUIY CORPO ION COUNSEL
DATE: Q~~ 2 ~ ~99~
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AGRICULTURAL (A-20a)
TO AGRICULTURAL (A-3a
AREA = X4.947 ACf~ES
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AMENDMENT TO THE ZONING CODE
AMI=NDINQ SCCTION ~S-Q-~SA NORTH ANA SOUTH
KOt-IALA v-ST1'R1CT5 ZON>= MAP AIRTICLE 3, CHAPTEP
Zc, (ZONING CODt=) OF THE Y1AWAt1 COUNTY C~~E, BY
CfiANGING THE ~tSTi?iCT CLASSIFICATION FT.OM
AG~ICULTUC~AL (A-~Oc) TO AE~I~ICUL-rURAL (A-~a) AT
KAHUA IST AND WAIKA, NORTH KOHALA, >•-{AWAIT.
PREI°A7QE~ BY ~ COUNTY OF ,gWAtliIENT
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Nov. Z4, I°~86
GHANA KOHALA TRUST