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Home My WebLink AboutORD 2009-006 2008-2010COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. ®9 6 AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 20 ACRE (A -20a) TO AGRICULTURAL — 10 ACRE (A-1 Oa) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-026:017. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricultural —10 acre (A -I Oa): Beginning at a Yz inch pipe in concrete (found) at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Haleamau Street and being a point on the Southerly boundary of Royal Patent 7843, Land Commission Award 7715, Apana 10 to Lota Kamehameha, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 7,433.43 feet South and 3,785.12 feet East and running by azimuths measured clockwise from True South: 1. 3380 00' 418.06 feet along the Westerly side of Haleamau Street to a point; Thence, for the next three (3) courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha; 2. 530 10' 991.27 feet along Lot 5 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; 3. 1430 10' 920.00 feet along Lot 2 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; 4. 2330 10' 796.59 feet along Lot 1 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 10 10) to a point; 5. 2920 50' 45" 597.62 feet along Royal Patent 7843, Land Commission Award 7715, Apana 10 to Lota Kamehameha to the point of beginning and containing an area of 20.913 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. -2- C. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: a 100 -foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point permitted by the Department of Public Works; a 30 -foot "forest reserve easement" along all lot lines not covered by the 100 -foot easement; and 3. a 100 -foot wide structural setback in lieu of the required 30 -foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be -3- submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). 0 The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the forest management plan or the recording of the restrictive covenant(s), the reforestation program for any cleared or grubbed area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of Final Subdivision Approval. 4. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50 -year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. -5- L Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. J. The applicant shall prepare a Solid Waste Management Plan for the development, meeting with the approval of the Department of Environmental Management. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable within ninety (90) days of the effective date of this ordinance. The fair share contribution to address the potential road impacts shall be in the form of cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa Highway intersection. The fair share contribution shall have a value of $10,368.57 per additional lot. Based upon the applicant's representation of intent to subdivide and develop up to one (1) additional lot, the indicated total fair share contribution is $10,368.57. The fair share contribution shall be allocated as follows: $10,368.57 per lot for an indicated total of $10,368.57 to the State or County to support road and traffic improvements. The fair share contribution shall be adjusted annually by the Hawaii County Planning Department, beginning three (3) years after the effective date of this -6- ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). Upon approval of the fair share contributions, the Planning Director shall submit a final report to the County Council for its information that identifies the specific approved fair share contributions, as allocated, and further implementation requirements. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its 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. -7- 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). 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. 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: COUNCIL ME ER, COUNTY HAWAII , Hawai`i Date of Introduction: January 7, 2009 Date of 1st Reading: January 7, 2009 Date of 2nd Reading: January 23, 2009 Effective Date: February 9, 2009 REFERENCE: Comm: 89 AGRICULTURAL -20 ACRES (A -20a) D AGRICULTURAL -10 ACRES (A -10a) A -20a 20.913 ACRES A-203 A -20a MIT 7,433.43S 3,785.12 E "MOANUTAHEAa A-203 A40a A-102 I A -10a A -f 0a �f0a f0a A -20a A -20a A-203 A-53 A Sa ASa A -10a A-102 A -20a A -20a A -10a Iu A -20a A-f0a A20o A -20a A 7a A f0a A -20a 5 a A -10a A -20a A -20a A -10a A -20a A -20a A A -5a 1,200 600 0 1200 2400 3600 4800 60�q eet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -20 ACRES (A -20a) TO AGRICULTURAL -10 ACRES (A -10a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K: 73026:017 Date: September 25, 2006 EXHIBIT "A" (Scott oiinA212) OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: K. Angel Pilago Date Introduced: January 7, 2009 First Reading: January 7, 2009 Published: REMARKS: January 16, 2009 Second Reading: January 23, 2009 To Mayor: February 2, 2009 Returned: February 9, 2009 Effective: February 9, 2009 Published: February 19, 2009 REMARKS: �4rLtI V tY e»: a Gosnty Cmr4 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X X Greenwell X X Hoffinann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 7 2 0 0 ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffinann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 5 4 0 0 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as ndicated above. APPROVED AS TO FO AND LEGALITY: DE15UIY CORPORATION COUNSEL COU TY OF HAWAII Date F.E_8 3 2009 App mapproved this day of MAYOR, COUNTY OF HAWAII (7 COUNCIL CHAIRPERSON COUNTY CLERK Bill No.: 28 (2006-2008) Reference: C-89/PC-4 [Sri 24.� 69 6