HomeMy WebLinkAboutORD 1995-119 1994-1996COUNTY OF HAWAII ' STATE OF HAWAII
BILL NO. 138
ORDINANCE NO. 95 119
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25, (ZONING CODE) OF
THE HAWAII COUNTY CODE, ORDINANCE NO. 87-9 AND AS AMENDED BY
ORDINANCE NO. 91-83, WHICH RECLASSIFIED 24.947 ACRES OF LAND
FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA 1ST
AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 5-9-07:03.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 87-9 and as amended by Ordinance
No. 91-83 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 t}rese
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; yame 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; or
2. Zf 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] six months
from the effective date of [the zone change]
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approval of this amendment. Final subdivision
approval shall be secured within [one] three years
from the date of [approval of this amendment]
receipt of revised tentative subdivision approval.
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.
F. All other applicable rules, regulations and
requirements be complied with.
G. 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.
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."
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SECTION 2. Material to be deleted is bracketed. New
material is underscored.
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:
~~
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: Septanber 2G, 1995
Date of 1st Reading: Septanber 20, 1995
Date of 2nd Reading: October 4, 1995
Effective Date: October 12, 1995
REF.: C-671
APPROVED AS TO FORM AND LEGALITY:
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`--c; UTY CORPORATION COUNSEL
DATED : ACT ~ 0 1995
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AMENDMENT TO ~ THE ZONING CODE
AMENb1NQ SECTION 25-aJSA (NORTH ANb SOUTH
Ko1-iALA OIST1?ICTS ZONC MAP) ARTICLE 3, CHAPTER
25 (ZONING CODE) OF THE HAWAII COUNTY. COME, BY
CHANGING .THE l715T1?IC:T CLASSIFICATION- FF20M
AGtR1CULTU1RAt (A-20 a) TO AGI'~21CUL--"URAL ~A-Ba) AT
KAHUA tST AND WAIKA, NORTH KOHALA, HAWAII.
PREI°A}QE~ BY ~ PLANNING pE PARTMEtVT
GouNTY OF 1-iAWA11
Tl~'IK 5- °>-07 = 3 NOV. 2.4, IJ86
EXHIBIT '~A"
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
-;.j ~...; I ...._ ~ ~ - --
Introduced By: Takashi Dcmina~
Date Introduced: September 20, 1995
First Reading: September 20. 1995
Published: N/A
REMARKS:
Second Reading: October 4, 1995
To Mayor: October 5, 1995
Returned: October 12, 1995
Effective: October 12, 1995
Published October 20, 1995
REMARKS:
IDO HEREBY
indicated above APPROVED as fo
FORM and LEGALITY
COUNTY OF HAWAII
Dare /e' / /C/ Y >
Approved/Dica}y~se~ed this / 2 day
of ~Fic- .19 `/ i
OR, CO HAWAII
ROLL CALL VOTE
AYES NOES ABS EX
~~~ X
Bonk-Abramson }{
Childs X
De Luna 7{
Domino X
OSOIlO ]{
Rath }{
Ray X
Smith }{
7 1 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki }{
Bonk-Abramson }(
Childs }{
De Lima X
Domingo }{
Osorio }{
mod' X
~Y X
Smith }{
8 1 0 0
adopted by the County Council and published as
COCO CI~~ N
i~~ia~"~
COIIN'!Y CLERK
Bill No.: 138
Reference: Cp-671/PC-76
Ord No.: 9S 1