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Home My WebLink AboutORD 1992-005 1992-1994COUNTY OF HAWAII . STATE OF HAWAII BILL NO. 531 ORDINANCE NO. 82 5 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 MOFIFICATION OF CONDITIONS C AND F OF ORDINANCE NO. 87-7, WHICH RECLASSIFIED 28.218 ACRES OF LAND FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA 1ST AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-07:4. SECTION 1. Ordinance No. 87-7 is amended as follows: "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 covenant 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 [receipt of tentative subdivision approval] 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. [The Planning Director may administratively grant extensions to the foregoing time condition.] 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 [may] 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 ordiance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: W tiu~r ~-- COUICIL MEM ER, O NTY OF HAWAII Hilo, Hawaii Date of Introduction: December 18, 1991 Date of 1st Reading: December 18, 1991 Date of 2nd Reading: January 8, 1992 Effective Date: January 22, 1992 APPROVED AS TO FORM AND LEGALITY: G~~~:~l.R-~/ '~"``~~~' COR O ATION COUNSEL DATED : NOV. j 1991 -3- ~• A-woe A ~.oe P~ A-~oe JQ ror~ T ~ ~.~` , '9~G ~ s ~ oTy O. ~.e a A-.+Ja Z a ~ () A-40q I. A-'1o q I ~ I °' 1O° AGri1CULTUI?AL (A-ZOe) TO AGRICL7t_TURAL (A-3e 3q AREA = ~6.~1e AcriEs A-'1oe '~ U D 1*, I ALA KAMUA J f A-4eo I A-10q 17R1VG' T 1 A-°Ja J h~A Wl4WA~ QuLCM A- ~.o.a ~ Q N ~ ~ a? n ~ Af.aJq A-~.oe A- ~.0 0 A- 4oa AMENDMENT TO THE ZONING CODE AMC-ND1NG SECTION ~S-OJSA (NO-~TH ANp SOUTI-1 KOtiALA pIST1~ICT5 20NE MAP) AI?T1CLC- 3, CHApTC--R ~5 (ZONING CODE) OF THE HAWA/I COUNTY CODE, BY C1-iANGiNG TI--1C- OISTI?lCT CLASS1FiCATION FT?OM AGRICtJLTUf'.AL (A-~Oa) T'o AG121CULTUf~AL (A-3a) AT KAtiUA IST AND WAIKA, NORTH KOHALA, HA1NAl1• pREf°ARCO IOY ~ PLANN1Nl3 DE1~AT4TMf=f~t-r COUNTY OF HAWAff TMK = S--°x-07 _ 4 Nov. ~4, i~e6 _.,~ ~... ~-- nn