HomeMy WebLinkAboutORD 2022-087 2020-2022 •
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COUNTY OF HAWAII 6• .-E 'Irl.- STATE OF HAWAIII
BILL NO. 181
ORDINANCE NO. 22 87
AN ORDINANCE AMENDING ORDINANCE NO. 06 82 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL—3 ACRES
(FA-3a) AT KALOKO MAUKA SUBDIVISION,NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY: 7-3-024:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 06 82 is amended as follows:
"SECTION 2. In accordance with Section.25-2-44, Hawai`i County Code 1983 R-2-00-5-
Edition)]
x-005Edition)] (2016 Edition, as amended), 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 ("Applicant") shall be responsible
for complying with all of the stated conditions of approval.
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B. The [applicants, successors or assigns] Applicant shall be responsible for
complying with all requirements of Chapter 205, [Hawaii] Hawai`i Revised
Statutes, relating to permissible uses within the State Land Use Agricultural
District.
C. [ , _ . •. •. _ •G
Y •• • S •• G • • . " -. • • ••_
Guidelines Policy" within ninety (90)days from the effective date of this
change of zone.] The Applicant is responsible for maintaining valid water
commitments to support the proposed use until such time that required water
facilities charges are paid in full. The Applicant shall construct necessary
water system improvements as required by the Department of Water Supply.
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 amended ordinance. The [applicant]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:
1. a 60-foot wide "forest reserve easement" along the existing roadway
frontages of the subject property, exclusive of the access point
permitted by the Department of Public Works.
2. a 30-foot wide "forest reserve easement" along all lot lines not
covered by the 60-foot wide easement; and
3. a 60-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.
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E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots
[fronting existing roads] fronting Kaloko Drive and Hao Street 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
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.]A copy of the recorded document shall be filed with
the Planning Department upon its receipt from the Bureau of Conveyances.
F. Restrictive covenants in the deeds of all of 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 (CPR) on each lot, including Lot 1. 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[Hawai'i] Hawai`i 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
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.
Director in consultation with the State Department of Land and Natural
Resources (DLNR). The forest management plan shall require the following:
1. 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]DLNR(i.e. Forest Stewardship Program).
2. The forest management program shall include a restrictive covenant
for the
subject ro osed lots within the property which shall be
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recorded with the State of[Hawaii]Hawai`i 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]Applicant and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval.
3. 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.
i
[3,]4.4. 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.
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H. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. 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 issuance of Final
Subdivision Approval.
All earthwork and grading shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawai`i County Code.
[h]J. Vehicular access to Kaloko Drive shall be limited to one common driveway
approach as approved by the Department of Public Works.
[J] [Building permit for a residence will not be issued until improvements to the
intersection at Mamalahoa Highway and Kaloko Drive are completed,
date of the adoption of this ordinance, the applicant shall be allowed to
proceed with the building permit.
The improvements may include the following:
1. Illuminate intersection at night;
2. Installation of traffic signalization devices;
3. Channelize turning movements at the intersection; and
1. Provide other safety improvements, including appropriate line of sight
distance requirements, as may be required by the State Department of
Transportation.]
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K. An Archaeological Field Inspection shall be submitted for the review and
approval of the State Department of Land and Natural Resources— State
Historic Preservation Division(DLNR-SHPD) prior to the issuance of any
land alteration permits or the submittal of plans for Final Subdivision
Approval, whichever occurs first. The Applicant shall implement any
preservation measures, which shall be shown on the final plat map, as
recommended in the Archaeological Inventory Survey (AIS) or subsequent
preservation plans.
[K]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
been taken.]In the event that surface or subsurface historic resources,
including human skeletal remains, structural remains (e.g. rock walls,
terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand
deposits, or sink holes are identified during the demolition and/or construction
work, the Applicant shall cease work in the immediate vicinity of the finds
protect the find from additional disturbance and contact DLNR-SHPD at
(808) 933-7651. Subsequent work shall proceed upon an archaeological
clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
M. To protect any Hawaiian Hawks (`Io) in the vicinity of the property, ground
clearing,grubbing activities and construction shall not occur in the permit
area during hawk breeding season of March to September without first
conducting surveys for hawk nests and coordinating with US Fish and
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Wildlife Service (USFWS) if nests are found. Surveys shall be conducted by a
qualified biologist.
N. To protect Blackburn's Sphinx Moth(BSM) contact DLNR, Division of
Forestry and Wildlife (DOFAW)to determine whether a vegetation survey
should be conducted. To avoid harm to the BSM, remove plants less than one
meter in height or during the dry time of the year. If removing tree tobacco
plants or disturbing the ground around these plants, they must be checked
thoroughly for the presence of eggs and larvae.
O. To protect any Hawaiian hoary bats in the vicinity of the property, woody
vegetation over 15 feet in height shall not be disturbed, removed or trimmed
during bat birthing and pup rearing season, from June 1st to September 15th.
P. To avoid and minimize potential project impacts to the endangered Hawaiian
goose (Nene) the Applicant shall implement the following applicable
measures: Do not approach, feed, or disturb Nene. If Nene are present during
construction activities, all activities within 100 feet(30 meters) should cease,
and the bird should not be approached. Work continue after the bird
pp may
leaves the area of its own accord. Contact DOFAW for further guidance if a
nest is discovered or a previously undiscovered nest is found on the subject
property after work begins.
Q. To protect any seabirds in the vicinity of the property, the Applicant shall
install shielded outdoor lights to direct light downwards. Additionally, the
Applicant shall install automatic motion sensor switches and controls on all
outdoor lights or turn off lights when human activity is not occurring in the
lighted area. Finally, the Applicant shall avoid nighttime construction during
the seabird fledging period, September 15 through December 15.
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R. To prevent the spread of Rapid `Ohi`a Death(ROD), if`Ohi`a trees are
present and will be removed,trimmed or potentially injured, DOFAW
requests that Applicant follow the guidance of the College of Tropical
A riculture and Human Resources, Universi of Hawai i. Additionall , the
g tY Y
Applicant shall minimize the movement of plant or soil material between
worksites in order to prevent the spread of invasive species. All equipment,
materials and personnel shall be cleaned of excess soil and debris. All gear
that contains soil, such as work boots and vehicles, should be thoroughly
0
cleaned with water and sprayed with 70% alcohol solution.
MS. The [applic-ant]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
prior to receipt of[ -. . ::• .• •:- . :: a . . ]Final Subdivision Approval.
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]Mamalahoa
Highway intersection. The fair share contribution shall have a value of
[$9,991.20]$15,057.57 per additional lot. Based upon the
[applicant's]Applicant's representation of intent to subdivide and develop up
to six (6) additional lots, the indicated total fair share contribution is
[$59,947.20]$90,345.42. The fair share contribution shall be allocated as
follows:
• [$9,991.20]$15,057.57 per additional lot for an indicated total of
[$9,991.20]$90,345.42 to the State or County to support road and
traffic improvements.
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The fair share contribution shall be adjusted annually by the [Hawaii County]
Planning Department, beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price
Index [ )](HCPI). Upon approval of the fair share contributions, the
Planning Director shall submit a final report to the Council for its information
that identifies the specific approved fair share contributions, as allocated, and
further implementation requirements.
[M.]T. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the [applicant]Applicant shall comply with the
requirements of Chapter 11, Article 1, [Hawaii] Hawai`i County Code relating
to Affordable Housing Policy. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development prior to
Final Subdivision Approval.
[N-]U. 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.
[O7]V. The [applicant]Applicant shall comply with all applicable County, State and
Federal Laws, rules, requirements and regulations, including the Department
of Public Works, Department of Water Supply and Department of Health.
[P:]W. 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, its
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successors or assigns]Applicant, 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.
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).
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.
X. 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 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
//1 ) 13
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COUNCIL MEMBER, COUNTY OF AWAI`I
Kona. , Hawai`i
Date of Introduction: July 6, 2022
Date of 1st Reading: July 6, 2022
Date of 2nd Reading: July 19, 2022
Effective Date: August 3, 2022
REFERENCE Comm. 829
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AMENDMENT TO THE ZON
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 (A-20a) •
TO FAMILY AGRICULTURAL (FA-3a) ..
AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK'7.3-024:00aDate:December 7,200b
• EXHIBIT"A" _ _ (Dennis D.Smith.i 182)
FOR REFERENCE ONLY
1
EMIT T;„OEM
OFFICE OF THE COUNTY CLERK . ,3,a air i r s,a 1,y,RN
County of Hawai`i
Kona,
Hawaii inn AUG "5 PM 2: 20
Introduced By: Ashley L. Kierkiewicz (B/R) AYES NOES ABS EX
Date Introduced: July 6, 2022 Chung X
First Reading: July 6, 2022 David X
Published: July 15, 2022 Inaba X
Kaneali'i-Kleinfelder X
REMARKS. Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
7 0 2 0
Second Reading: July 19, 2022
To Mayor: July 27, 2022 ROLL CALL VOTE
Returned: August 5, 2022
Effective: August 3, 2022 AYES NOES ABS EX
Published: August 26, 2022 Chung X
David X
REMARKS: Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
8 0 1 0
ROLL CALL VOTE
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
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COUNCIL - , :PER_ 1 1
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çvedisapproved this day
(.. ..i_221..\.=„ s..
of A'6' iiii f , 20 Z . COUNTY CLERK
"-,-- --�...._ 181
'� Bill No.:
MAYOR, COUNTY OF HAWAII C-829/PC-69
Reference:
Ord No.: `22 87