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Home My WebLink AboutBIL 114 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 114 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 85-48, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la), AGRICULTURAL (A-2a), AGRICULTURAL (A-600a) AND OPEN (O) ZONED DISTRICTS AT KAAUHUHU, KAHEI, KEALAHEWA 1ST, 2ND & 3RD, HONOIPU, PUAKEA, KUKUIPAHU, ILIO LAHUIKI, AWALUA, HAENA AND KAPUNAPUNA, NORTH KOHALA, HAWAII, TAX MAP KEY: 5-5-1:60, 64; 5-5-3:17 AND PORTIONS OF 9 & 16; AND 5-6-1:20 & 21. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 85-48, is amended as follows: "SECTION 2. These changes in district classification are conditioned upon the following: (A) the petitioner, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the subject area shall be zoned in three increments. The first increment shall consist of a maximum of 57 lots encompassing approximately 150 contiguous acres within the Agricultural one-acre, two-acre or the Open zoned districts. The two Agricultural six hundred acre zoned parcels shall also be included in the first increment. The second increment shall consist of a maximum of 57 lots encompassing approximately 150 contiguous acres within the Agricultural one-acre, two-acre or Open zoned districts. The third increment shall include the remaining area. The zoning of the second increment shall become effective upon final subdivision approval for the first increment and the development of agricultural activity on one of the Agricultural six hundred acre parcels. The zoning of the third increment shall become effective upon final subdivision approval for the second increment and the development of the agricultural activity on both of the Agricultural six hundred acre parcels. As used herein, "agricultural activity" means 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 animals or aquatic life that are propagated for economic or personal use. An agricultural activity will be considered to have been developed (1) if such activity is intensively utilizing a minimum of 50% of the usable land area of the affected property(ies); or (2) if a level of production, greater than or equal to that which could be achieved on 50% of the usable land area, is achieved on a smaller area through alternative production technology; (C) subdivision plans and drainage plans, meeting with the approval of the Department of Public Works, for each increment shall be submitted within one year from the effective date of the change of zone for that increment. Final subdivision and drainage plans for each increment shall be submitted within one year from the effective date of the tentative subdivision approval for that increment; (D) restrictive deed covenants for each lot shall be submitted to the Planning Department for review and approval prior to its submittal to the Bureau of Conveyances for recordation with final subdivision plat maps. These covenants shall include but not necessarily be limited to the following: (1) each developable parcel shall be subject to requirements for active agricultural activities to ensure the land is productively used; (2) each developable parcel shall be restricted from any further subdivision. The restrictive covenants contained herein are encumbrances running with the land, and shall be binding on all parties and persons claiming under them until such time that the land is rezoned to a more appropriate zoning designation; (E) drainage systems as required by the Department of Public Works shall be installed; (F) roadway improvements, meeting with the approval of the Department of Public Works and the State Department of Transportation, Highways Division, shall be provided; -2- (G) [an agricultural standard roadway shall be provided prior to fmal subdivision approval of the third increment, from the Agricultural one and two acre zoned parcels down to Maliu Road. Maliu Road shall be improved, as may be required by the Department of Public Works. Each parcel shall be granted a perpetual easement to utilize the subject roadway as an alternative access to the subdivision;] the applicant will provide a stubout to their proper line for a fi3ture roadway cotLnection per the Departrent of Rblic Works: (H) a qualified archaeologist shall be contracted to conduct an archaeological reconnaissance of the project area. Two copies of the final report shall be sent to the State Department of Land and Natural Resources, Division of State Parks, and one copy to the County Planning Department for review and comment prior to final subdivision approval of the first increment. After reviewing the fmal report, further recorrunendations toward the mitigation and/or preservation for any cultural resources may be made. These further recommendations, if any, shall be implemented and completed prior to the start of any construction activity; (I) should any unanticipated archaeological sites, including subsurface remains such as burials or cave shelters, be discovered during grading of the property, work within the affected area shall cease. The Planning Department shall be notified, and work shall not resume within the affected area until the Planning Department has approved the disposition of the sites(s); (J) a minimum area of one acre, encompassing the Kukuipahu Heiau site, shall be fenced and turned over to the State of Hawaii. The petitioner, its successors or assigns, shall not be held responsible for maintaining the fence; (K) the lessee of the parcel below Maliu Road shall be granted a license to withdraw water from the Kohala Ditch in sufficient quantities to meet the projected agricultural water requirements of the lessee's agricultural program; and (L) all other applicable rules, regulations and requirements, including those of the Department of Health and Department of Water Supply shall be compiled with. -3- Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. 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