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Home My WebLink AboutBIL 257 Draft 02 1996-1998COUNTY OF HAWA- `� Y ,<.: STATE ORDINANCE NO. OF HAWAII BILI. NO. 257 (Draft 2) 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,=licants. successors or assigns shall be responsible -for complying with all gquirements of Chanter 205. Hawaii Revised Stattues. relating to permissible uses within the State Land Use Agricultural District. [(B)](QSubdivision 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 9'3_ 9 `/ 0 C J 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)]WPrior to submittal 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)](DShould 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)]UA 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)]fZAll other applicable laws, rules, regulations and requirements shall be complied with; [(I)]_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)] QAn 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)] VMI An initial extension of time for the performance of conditions within the ordinance may be 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 -3- Restrictive covenant(s) in the deeds of all the =12osed agricultural lots shall prohibit the construction to be, of a second dwelling unit the Bureau on each Conveyances lot. A copy of the be p=osed cove"s) submitted to the Planning recorded Director for with review and of aRl2roval shall p1jor to the issuance of Final Subdivision Ap_uroval, A copy of the M=ved covenant(s) shall be recited in an instrument executed by the applicants and the Cow-ity and recorded with the Bureau _*_. p- • of Conveyances prior to the issuance of Final Subdivision [(H)]fZAll other applicable laws, rules, regulations and requirements shall be complied with; [(I)]_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)] QAn 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)] VMI An initial extension of time for the performance of conditions within the ordinance may be 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 -3- 1 0 0 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. 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: O CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCEe Comm. §Z5 Q1 - APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -4- i Zoe P�O A-YJe 04 �. A -a0 s AV, a � A-se A 3o .4- 3 e \\ \ I Z p A-3-a A-ZOQ A-3o 1 A-3o A-_!o 4G• •24.40.• 308.3' ZC7•ee' 'JZ4. 47' � Z.384.3s3 � ��® AGRICULTURAL (A-�Ce�� Z4S•4•.�'ss' T� AGTZIGULTUtQAL (A-Jca) qac' e7 ARCA = Z8. BIZ ACTZt=S R* Cao.00 A e 144.47' ` �.309.Z9 ALA f'CAMUA 7C DRfV� A _AOq A-Se Ari.Oo A-•2ee Q 3a ? v i { A-le A-440 AMENDMENT TO THE ZONING CODE' l AMeN01NG SEC_rlCt4 a5-95 A (NOR' rH ANO SOUTH 1'[CH^L.A O15TR1C- M ZONE MAP) AR'T1eLE S, f CHAP-MR =. (MoNit4E COOS) OP THE HAWAII c®uN"T-oll*' COOS, 19Y, C? ^N481N(S THE DISTRICT CL.AS51)=1CAT10nl FROM AG%?1CULTL RAt_ (^-Zoo) TO AGFRlCuLTURAL (A—a=) AT K^HUA 1ST, Nom-r- H KOHALA, HANAII. PRC PARED ®1' PLAtvTVINQ pt=—PARTNIENT • COUNTY O� t"IAWAII EXHIBIT 11Af'