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HomeMy WebLinkAboutREP PC 195 02/23/1983 1980-1984 ti, A 411 REPORT OF THE COMMITTEE ON PLANNING February 23 , 1983 Chairman and Members Hawaii County Council . Hilo, Hawaii 96720 Your Committee on Planning to which was referred : /Bill 889 : REZONING REQUEST - AHUALOA DEVELOPMENT, INC. (Comm. 962) P UUOKUMAU, NORTH KOHALA TMK: 5-4-01: 10 & 11 and 5-7-02: 13 (405- acres) Amends Section 7 . 06 (The North and South Kohala Districts Zone Map) , Article 2 , Chapter 8 (Zoning Code) of the Hawaii County Code, as amended, by changing the district classification from Agricultural (A-20a) to Agricultural (A-5a) at Mahukona 2nd and Puuokumau , North Kohala; (Intr. by: Mr. Domingo) recommends the district classification be changed from Agricultural (A-20a) to Agricultural (A-10a) and (A-3a) at Mahukona 2nd and Puuokumau, North Kohala, and that the metes and bounds description and map be amended accordingly. The following conditions under Section 1 of Bill 889 be amended: (A) that the petitioner, successors or [its authorized representative] assigns shall be responsible for complying with the stated conditions of approval; (B) that the property shall be developed in [Vigo] three increments. The first increment shall conist of [244]. 115- contiguous acres in three-acre parcels and 132- acres in ten-acre parcels. [and thel The second increment [the remaining area] shall consist of 110 cres in three-acre parcels. The third increment shall consist of 80- acres in ten-acre parcels; (C) that the zoning for the second increment shall be effective upon the establishment of [substantial] appropriate agricultural activity on fifty (50) percent of the three-acre lots in the first increment. The zoning for the third increment shall be effective upon the establishment of appropriate agricultural activity on fifty (5 0) percent of the ten-acre lots in the first increment. For the purpose of this condition "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, 111 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] appropriate (1) if such activity is implementing a conservation program for the affected property (ies) , as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation .Service (2) if it provides a major source of income to the person.(s) who reside on the property; or (3) if the property isdedicatedfor agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant duly recorded with the Planning Department and Bureau of Conveyances. [ . 1' ; or . (4) if the property is purchased in whole or in part through -an-agricultural or farm loan obtained from a federal, state or private institution; [The execution of a Farm .Dwelling Agreement may also suffice in lieu of the above requirements; ] (D) that the subdivision plan for the first increment shall be submitted . [and. tentative approval secured] within one year from the effective date of approval of the change of zone. Final subdivision [approval] plans shall be [secured] submitted within one year .. [thereafter] after the date of tentative subdivision plan approval; (E) that a water system [ , including fire hydrants, ] meeting the [minimum] standards and requirements- of the Department of Water Supply' s Rules and Regulations shall be provided prior to final subdivisionapprovalof the first increment; (H.) that a copy of the final executed dedication deed to the State ofHawaii relating to that portion of the existing Waimea-Kohala Government. Main Road right-of-way 'occupying property identified as TMK 5-4-01: 11 and containing an area of 4. 858 acres shall be submitted to the Planning Department prior to final subdivision approval; (H) be relettered (I) (I) be relettered (J). ('K) that performance reports shall be 'submittd.d to the Planning Director andforwarded' to the Council prior to .the Director' s determi- nation that appropriate 'agricultural activity has been established as stated in Condition C. The report shall contain information including but' not limited to verifying' compliance of 'Conditions C and J; (J) be relettered (L) Further recommends Bill 889 , Draft 2, be adopted by the Council on second and final reading. ...LhA4.494A• TAKASHI DOMINGO 4 Chairman . PC REPORT NO . 195 ADOPTED: MAR 21983 mi(, Mo. / --185'