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Home My WebLink AboutORD 1989-082 1988-1992COUNTY OF HAWAII;;.; __STATE OF HAWAII Bill No. ORDINANCE NO. 89 82 AN ORDINANCE AMENDING SECTION 25 -95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL A -3a) AT KAHUA 1ST, KAHUA AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5 -9- 06:19. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahua 1st, Kahua and Waika, North Kohala, Hawaii, shall be Agricultural (A -3a): Beginning at the Southeasterly corner of this parcel of land being also the Northeasterly corner of Lot 73 of this subdivision and being a point on the Westerly side of Lot 74 (Roadway) of Land Court Consolidation 117 and running by azimuths and running clockwise from True South: 1. 700 37' 14" 539.95 feet along Lot 73 of Land Court Consolidation 117 to a point; 2. 1530 00' 438.86 feet along Lot 71 of Land Court Consolidation 117 to a point; Thence, for the next three (3) courses following along the Southerly and Westerly side of Lot 74 (Roadway) of Land Court Consolidation 117: 3. 2320 00' 30" 221.86 feet to a point; Thence, following on a curve to the right on a radius of 270.00 feet, the chord azimuth and distance being: 4. 2760 43' 24" 379.93 feet to a point; Thence, following on a curve to the right with a radius of 870.00 feet the chord azimuth and distance being: 5. 3320 46' 07" 341.84 feet to the point of beginning and containing an area of 6.026 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant, successors or 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 all of the proposed lots within three years from the date of receipt of final subdivision approval. 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; 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. An agricultural activity will be considered substantial: (1) If it provides a major source of income to the person(s) who reside 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 -2- procedures. This condition shall be incorporated in each of the deeds for the proposed lots and shall be duly recorded with the State Bureau of Conveyances and with a copy filed with the Planning Department; (C) Subdivision plans shall be submitted to the Planning Department within one year from the effective date of the zone change. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval; (D) A drainage system shall be installed in accordance with the requirements of the Department of Public works; (E) An archaeological reconnaissance survey shall be conducted, and the report shall be filed with the Planning Department in conjunction with the subdivision application; (F) 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; (G) All other applicable laws, rules, regulations and requirements be complied with; (H) Should the County 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; (I) An annual progress report shall be submitted to the Planning Director prior to the -3- 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, (J) 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 nonperformance 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation and shall also rescind any subdivision approval affected by this change of zone. -4- 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: COUNCI MEMBER COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: May 17, 1989 Date of 1st Reading: Play 17, 1989 Date of 2nd Reading: June 7, 1989 Effective Date: June 13, 1989 -5- I L r IA -3q U Tl- A' 3q r A -3q A�3q r KCAWC WAI GULCH A'�oq A_.yoo ALA 1<A} -{uA bRlyE — A-3q A -3q A -3q UN PLAN NC -p (UJ A -'Jq A -3q ' 3']9.99 R' 07o.0e R' 470.00 A-3q 141 UNPLAN 0 I I U A -3q u ^'T A -4oq ��oRTF z m ,000 ti 0 - c A -woe � I I 0 0 D D A -coq D � D u A -Iq A -3q 1 A_4oq UNPLAt4t-4mo (U) To A(5R1 ul.TulQAt_ (A-aq) AR { = 6 -o2a ACRES d 0 N 'N 4 a S IEE A AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -0>5A (NORTH ANO SOUTH KOHALA DISTRICTS ZONE MAP) AR71CLE B, CHAPTER 72S (ZONING CODC) OF THC HAWAII COUNTY CODE , BY CHANGING THC DIS7MIC -T CLASSIFICATION FfiOt✓I UNPLANNCD (U) TO A(3RICULTUM^L- (A -3a) AT KAHUA IST, KAHUA AND "AIKA, NORTH KOHALA, HAV ^11. I- RePARe0 BY : PLANNING DEPARTMENT COUNTY op= NAWAII ' TMK = 5 --Q:)-0(Z = IS) EXHIBIT °A° JAN- 5, 1° -D8--D AKONI pul_E HIGIHWAY � ' ' IKAWAINAE - MAHUKONA RoAp� UIN PLANNCO (U) A -40q RM -4 UN PLAN NCB (U) NJ KAI OPAE S IEE A AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -0>5A (NORTH ANO SOUTH KOHALA DISTRICTS ZONE MAP) AR71CLE B, CHAPTER 72S (ZONING CODC) OF THC HAWAII COUNTY CODE , BY CHANGING THC DIS7MIC -T CLASSIFICATION FfiOt✓I UNPLANNCD (U) TO A(3RICULTUM^L- (A -3a) AT KAHUA IST, KAHUA AND "AIKA, NORTH KOHALA, HAV ^11. I- RePARe0 BY : PLANNING DEPARTMENT COUNTY op= NAWAII ' TMK = 5 --Q:)-0(Z = IS) EXHIBIT °A° JAN- 5, 1° -D8--D