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Home My WebLink AboutORD 1999-109 1998-2000 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 114 (Draft 3) ORDINANCE NO. 99 109 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 LAHUIIQ, 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 aze conditioned upon the following: (A) [the] Th@ petitioner, its successors or assigns shall be responsible for complying with all of the stated conditions of approval[;j, (B) [the] ~ subject azea shall be zoned in three increments. The first increment shall consist of a maximum of 571ots 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 fmal 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] 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] Restrictive deed covenants for each lot shall lie 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 aze 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] ~g~ systems as required by the Department of Public Works shall be installed[;],, (F) [roadway] 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 final subdivision approval of the third increment, from the Agricultural one and two acre zoned pazcels 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;] A roadwav stubout to the perimeter boundary of he bird increment for a future roadway ronnection shall be provided in coniunction with the c~,bdivision of the Chid increment. (H) [a] 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 fast increment. After reviewing the final report, further recommendations 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], hould any unanticipated archaeological sites, including subsurface remains such as burials or cave shelters, be discovered during grading of the property, work within the affected azea 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);] cit ( ) (J) [a] A minitnum azea 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] Thy 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],. -3- (L) (all] Bll other applicable rules, regulations and requirements, including those of the Department of Health and Department of Water Supply shall be [compiled] complied with. 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COIJNCII, MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: August 25, 1999 Date of 1st Reading: August 25, 1999 Date of 2nd Reading: Septanber 9, 1999 Effective Date: tanber 21, 1999 REFERENCE, Comm.,.,. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATE: -4- i 1 ,.Y........ . FOR IN ~ RNATIQN PUktPOSE~ ..w..-.w.. 7~""~ ~ ~ .l w ~ - r... I . . ,.,r / / 1 I ~ ~ / / / / ~i , _ i. L +s 1 .;.r. S.7 ~ ~ w % i / 1 - i/._ f • rw.i •A ~ /Y O T 'fY~f..LflYir~ 1 t • / J/ • j MY M.A. M/I~ w / Li ~ wYw.L • ~ /O Y..e.?Ti--' f41e.1 1 O 1 SI •O , / I wr':• V Y.NMMIY'V ~ ~f~r1_/ • 1 / /IAA. al.7f. /.Cwe)? - ~ ! w.w... t ~ ~ O.L IM~~ w ..wl•YL•eunr. t~ _ 1 • / / .r~... N.7e. YwN r~r w.waw. -s• Olil~leV?.TYIYt .M'Jri M\e. yam, ' 1. ~.A.Oaa.JiLI~Y. •41.J 1 ~ •wa~ • 1..ss0 .cw.. ~ I ONIR.eYI,TYI~IL .4aeY 1 1. ~OwN'aIll~w.iL '~-a.I •/M~r / ~ MA~.'SN.11. YR.. t _ ~ • w+.A... J • O YI~1~ L. Y ''I. '.M. 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L _ sxwlOlr OFFICE OF THE COUNTY CLERK County of Hawaii n Hilo ,Hawaii :'i~_',_`: - (DRAFT 3) , EL, L V A NOES AB EX Introduced By: Bobby Jean Leithead-Todd Arakaki t; ; , = , Date Introduced: August 25, 1999 Chung X ray u~ First Reading: August 25, 1999 Elarionoff X Published: N/A Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 6 3 0 0 Second Reading: September 9 1999 ROLL CALL VOTE To Mayor: September 14 1999 AYES NOES ABS EX Returned: September 21, 1999 Arakaki X Effective: Segtetnber 21, 1999 Chung X Published: October 4, 1999 Elarionoff X Jacobson ~ X REbf~IRKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 6 3 0 0 7 DO HEREB}' C'ERTIF}'that the foregoing BILL was adopted by the Coamty Council puhlrshed as indicuted above. APPROVED AS TO / 2~c%LA~~~~~ FORM AND LEGALITY: DE UTY CORPORATION COUNSEL COUNTY OF HAWAII CIL CHAIRMAN Date SEP t b 1999 , Y CLERK Approred'Ar,~ey~pF't~eel d~i,v z ~ day I ~ ~J-e r ..~cwz r rs-e t t 9 ~9 ~r~ f ~~'/r~~~~ BiIINo.: 119 (Draft 3) 11.~a}(~~(`)-R. CC)C.Y`T}`OFlGt[I:~/I Reference: CA-393.001/PC-47 Ord. No.: A9 10