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Home My WebLink AboutORD 1998-087 1996-1998'. A:117 COUNTY OF HAWAISTATE eb;.tix �c v ORDINANCE NO. 98 8'7 • OF HAWAII BILL NO. 257 (Draft 3) AN ORDINANCE AMENDING ORDINANCE NO. 90 008, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A -20a) TO AGRICULTURAL (A -3a) AT KAHUA 1 ST, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY,5-9-07:7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 90 008 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) The gpplicants successors or assigns shall be responsible for co=llyin,g with all requirements of Cha ten r 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District [(B)] Com, Subdivision plans shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final subdivision approval shall be secured within [one year from the date of receipt of tentative subdivision approval] three years from the effective date of this ordinance. Minimum lot sizes shall be determined by calculating the total area within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback areas; [(C)](WIt shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lots to be rezoned within three years from the date of final subdivision approval. For the purpose of this C7 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. Agricultural activity will be considered substantial: (1) If it provides a major source of income to the person(s) who resides on the property, or (2) If the property is dedicated for Agriculture uses in accordance with applicable Department of Finance, Real Property Tax Division's procedures. This condition shall be incorporated in each of the deeds for the proposed lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval; [(D)]MPrior tosubmittal of preliminary subdivision plans, an archaeological reconnaissance survey report shall be submitted and approved by the Planning Department in consultation with the Department of Land and Natural Resources - Historic Sites Section; [(E)](E)Should any unanticipated archaeological sites or features be uncovered during land preparation activities, work within the affected area shall cease and the Planning Director notified. Work within the affected area shall not resume until clearance is obtained from the Director; [(F)]drainage system shall be installed in accordance with the requirements of the Department of Public Works; [(G)](WOnly 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; -2- • • [(H)](I)A11 other applicable laws, rules, regulations and requirements shall be complied with; [(I)]U)Should the council adopted 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; [(J)]WAn annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, [(K)](WAn initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the director shall initiate rezoning of the area to its original or more appropriate designation." 1192 • 11 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. INTRODUCED BY: .tic f CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 1, 1998 Date of 1st Reading: August 5, 1998 Date of 2nd Reading: August 19, 1998 Effective Date: August 27, 1998 REFERENCE: Comm. 875.03 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 9112S 81 -4- A - 2'e P•/ A -W -Dm 1 r04 i A- ZCe c t0'ti A -3e A- 3e �\ A�rG� 0 A-3-� A-ZOQ A -tee Z A.go A -am �G• 24.40 sos.3' 2c7• eo' 9Z4. 47' -+ Z, 3 f3•h•ZS AGRICULTURAL z4s•4�•=e' TO AGR 1 CU LT U IQAL (A � a ARWA = 2.19_8mz ^cm= R* cao-oo A a 1"f•4•?7' a '3.3ri9.'.�.9 ALA f[AMUA 7C DRfV� A Zoo O ? A-�aoe A -9e Af2oq A -tee A -Hs 3e ? v V A -9e ACV 3e a Es P{ I I Pry - u A -le A-kce AMENDMENT TO THE ZONING CODE- A1ti1LNOING SECTtON a5-95 A 0.40R-rH ATVO SOU-rH KOt-IALA C15TR1CTS ZO1,11= MAP) AIR-ri=LE a, CHAPTER �S (ZON1t4a COLE) op THC HAWA11 COu"l-Y COLE, l3Y� Cl-IAt�1�IN6 TMC DISTRICT CLAs51>=1CATlOty PR®M AGI=ZICLLTURAL (A-�Ov� TO AGPICULTURAL (A -a=) AT KAHUA 1ST, NOm'T'T-i KOHALA, HAY4AI1. PRC PARED BY = PLANNING DCPARTM�NT ' COV NT"Y O� HAWAII Tlylhc - 5-9-07 c 7 oCT_ 17, imam EXHIBIT "A" 0 0 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo_, Hawaii Introduced By: Bobby Jean Leithead-Todd (B/R) Date Introduced: July 1, 1998 - First Reading: August 5, 1998 Published: NIA REMARKS: 07/01/98 - Referred back to Planning Ccmmit eE Second Reading: August 19, 199 To Mayor: August 24, 1998 Returned: August 27, 1998 Effective: August 27, 1998 Published: September 4, 1998 REMARKS: (DRAFT 11 r- t-1 I DO HEREBY CER-T-WZY4hat-t4 g BILL was adopted by the County Council and published as � indicated above. APPROVED copo!�,-,,qiuli COUNSEL • I'f OUNT6 hAW'u'-- Approvedl9�i this i ;;d 7 --day Of 19C U)�410FHAVAll OR, CO W�' J OUNL CHAIRMAN COUNTY CLERK Bill. No.: 297 (Draft 3 ) Reference: Q-875/PC-125/PC-132 Ord. No.: 98 87 ROLL CALL VOTE AYES NOES ABS EX Arakaki CC)', -T\.1 Chung x Leithead-Todd X Ray x Reynolds x Santangelo x Smith x Tyler X I Yagong x I x 7 1 1 1 0 I DO HEREBY CER-T-WZY4hat-t4 g BILL was adopted by the County Council and published as � indicated above. APPROVED copo!�,-,,qiuli COUNSEL • I'f OUNT6 hAW'u'-- Approvedl9�i this i ;;d 7 --day Of 19C U)�410FHAVAll OR, CO W�' J OUNL CHAIRMAN COUNTY CLERK Bill. No.: 297 (Draft 3 ) Reference: Q-875/PC-125/PC-132 Ord. No.: 98 87 ROLL CALL VOTE AYES NOES ABS EX AYa—kaki x Chung x Leithead-Todd x Ray x Reynolds x Santangelo x Smith I Tyler x Yagong x 6 1 2 0 I DO HEREBY CER-T-WZY4hat-t4 g BILL was adopted by the County Council and published as � indicated above. APPROVED copo!�,-,,qiuli COUNSEL • I'f OUNT6 hAW'u'-- Approvedl9�i this i ;;d 7 --day Of 19C U)�410FHAVAll OR, CO W�' J OUNL CHAIRMAN COUNTY CLERK Bill. No.: 297 (Draft 3 ) Reference: Q-875/PC-125/PC-132 Ord. No.: 98 87