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HomeMy WebLinkAboutBIL 007 Draft 01 2022-2024 LAAC-4 February 21,2023 CALL TO ORDER— 10:00 a.m. ROLL CALL STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Pursuant to HRS § 92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the committee. BILLS FOR ORDINANCES Bill 7: AMENDS ORDINANCE NO. 98-91, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—20 ACRES (A-20a) TO AGRICULTURAL—5 ACRES (A-5a) AT KALOKO, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-025:012 (Applicant: Sunshine Holdings, LLC) (Area: 21.353 acres) The Leeward Planning Commission forwards its favorable recommendation for the applicant's request for a five-year time extension to Condition D(Final Subdivision Approval) for the development of a four-lot subdivision. The property is located along Kaloko Drive, approximately 720 feet southeast of its intersection with Kaloko Loa Place, Kaloko Mauka Subdivision, North Kona. Reference: Comm. 28 Intr. by: Mr. Inaba(B/R) Postponed: February 7, 2023 (Note: There is a motion by Ms. Kimball, seconded by Ms. Kierkiewicz to recommend passage of Bill 7 on first reading.) ; and Comm. 28.3: From Council Member Holeka Goro Inaba, dated February 15, 2023, transmitting a request to postpone Bill 7 to the call of the Chair. POSTPONED TO THE CALL OF THE CHAIR: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba—8. Noes: None. Absent: Committee Member KAneali`i-Kleinfelder— 1. Excused: None. Page 2 J�ZY GF H,F 40•` ,r�J�•� COUNTY OF HAWAII STATE OF HAWAF1 +1•:krr;:•� gra oF•a',d BILL NO. 7 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98 91, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—20 ACRES (A-20a) TO AGRICULTURAL—5 ACRES (A-5a)AT KALOKO,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-025:012. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 98 91 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 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 [appy ]Applicant, its successors,,or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. The [applieants, sueeessofs of assigns] (Applicant)shall be responsible for -1- complying with all requirements of Chapter 205, [Hawaii] Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. [The E V1,3{ASZ Vis V�UtGLZ^ ;tY, ef4 p ,it shallt. be submitted to the TZZL D epai4ffiefl to f ST�ter--S� ly Y Cra1dA'CLewTt�Tits tWatP'dGQPSTC7t S—•CI'C guidelines 99 within ninety(90) days fiem the offeetive date of this oma] 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 [appl-ieants]Applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and delineate such easements and setbacks on plans submitted for subdivision review: 1. a 60-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of sight easements required by the Department of Public Works and access points 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 property's public street frontage to provide an -2- additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting Kaloko Drive 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 sixty-seven percent(67%) 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 approval prior to the ; .,f'Final., Fina Subdivision C„ isio n ppfoy t.] A cop of f the v recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject property shall prohibit the construction of a second dwelling unit and condominium property regimes (CPR)on each lot. A draft [E ] 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 eepy of the applioants and the County and i:eeer-ded with the Bur-eatt of Gonveyane­ ] A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. [Restfietive eevefiant(s) in the deeds of all the proposed agfiettkufal lots -3- lots to file a eofisen,atien plan with the Kona Soil and Watef Gaiisef-,�a4i te the issuanee of Final Subdivision Appfoval.] H. 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 State Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The Forest Management Plan shall require the following: 1. Include at a 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, such as the Forest Stewardship Program or the Soil Conservation Service Management Program. 2. The Forest Management Program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the Bureau of Conveyances and/or Land Court. A copy of the covenants shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A -4- copy of the approved covenant(s) shall be recited in an instrument executed by the [applieants]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. 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. I. All development-generated runoff shall be disposed of on site and shall not be directed toward anyaadjacent properties. A drainage study of the subject property, 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. J. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. [�] K. [Aii b -5- submit an afekeelogieal pr-eseinvatiap�mitigation plan for-review and appf@Y4 ,e of Final Stibdivisieft Approval of afty land altefation aetfvtty-, z,.7.,ieheve f oeetifs t ]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 prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. If the Archaeological Field Inspection identifies historic properties, an Archaeological Inventory Survey shall be prepared. The Applicant shall implement any preservation measures, which shall be shown on the final plat map, as recommended in the Archaeological Inventory Survey or subsequent preservation plans. [K-.I [ , Resetifees 14isteFie Pt:esen,afion Division(DL-NR 14PD) shall be immediately f+effi the DP�R 14PD when it finds that suffieietil mitigative meastifes been t ]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, -6- the Applicant shall cease work in the immediate vicinity of the find protect the find from additional disturbance and contact the State Historic Preservation Division at(848) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [L.]M. Access(es)to the subject property from Kaloko Drive shall be constructed in a manner meeting with the approval of the Department of Public Works. N. Should any state or federally listed or endangered species be found on the subject property, he Applicant shall comply with all applicable requirements of DOFAW and/or the USFWS. [M]O. [ - ui aiipuvia of ,paFks and t:eet:eatien, fiize,peliee and solid waste disposal f4eilities. The amount of the fair-share eofAr-ibution shall be the sum whieh is the pfoduet of multiplying the numbef of residential lots pfoposed to be subdivided by the amountso alleeated herein below f6f eaeh sueh let, and shall beeeme Elue a*d payab4e eombination thereof-, aeeeptable-to the difeetoF in eenstilta4ion with the pvcviiuui f" ing the Kalek-A- Belt Road intefseetion. The fair-share -7- fafnily residential unit. Based upen the , develop ttp to four-(4)residential units, the indieated total of faif shafe eentfibution is $29,956.64 fef single family fosidential units. Howevei: in this Condition L. The fair-share eopAfibtttion shall be alloemed as follows� $13, ZRS1J�^ and , 2. S 169.4 O:per-single family residential utiit fer-aft iiidieated total elf $673.60 to the Goti +..+„ oi4 peliee f,.,l,+.on• , 3. $3 3 2.61 pef single family r-esiden4ial unit for-an indieated total of $1,3 3 0nn to the GotH,+y+„ s oft fire facilities; 4. $145.6-2 pef ..1L f w,,;ly residential unit f f an indieated+„+.,1 of $582.48 to the County te-suppei4 solid waste ci-1= nd , 5. $3,101.69 per- single family fesideft4ial thait for-an iiidieated total 4 4 06.72 to the State or-GoufAy to stippoi4 road alld tr-affie , The faif share eE)fytr4bt4ioas desefibed above shall be adjusted annually -8- 9 ) adininister-ing Condition L, the fair-market value of land eentr4buted o eest of aiit,impfowmentsr-eEluifed of ad in lieti „f the faif shafe eons„ltntio with th n nta n The Applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. The fair share contribution shall become due and payableprior to receipt of Final Subdivision Approval. The fair share contribution shall be based on the actual number of additional lots created. 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. Based upon the Applicant's representation of intent to subdivide and develop up to three(3) additional lots, the fair share contribution is $15,636.59 per additional lot, for a combined total of$46,909.77. The fair share contribution shall be adjusted annually y the Hawaii County Planning Department, beginning three(3) 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 contribution, 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. -9- [l ]P. The Applicant shall comply [Cemply] with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the development within the subject property. [O-]Q 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. [P-.]R. [Aa initial ex rasion of timuzaf th���ee of uandiaans within the vausiaaua,iavv i.ia,^.aJ VV s1 iilVu V,' t11V 1 1Ct111111�,. L31 VVlVl LiFJV1I-I.he lrig e4eumntn neesi 1 The nen of f r.,,nnee is the r „lt of eefidia that eould +1 leer. foreseen> e l�,o�>einl l the. r,tr„1 of the , plieffi-tn its. 11 1..1 w.�..11 ti.l :..1 v w�vllu srly-vvr , and that n not the „1t of thei f f„1+ �.�..vvvvvvav vl u.�.�l�,u.,, uuu �llu� ule liV� �uv leu ulr yr �rlcrrzncrrc-v a-ghge 3. Vlullallg of the time e�itensien would not be eentfafy to the b reuuvilo for- , The for n; t �l shall be for ,l t+ ,7 the '-"'�rt ��f-rczxororr-Pi-%ri'rrccr "cr"recrixv�co c�vcca-rtic period ally gr-atAed per-fo nee(i.e., a eendi-tio-n tam l..,lllleu Y.1t11111 one year may be ex4ended for-W to one additieflal yeaf)JIf 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. [Q7]S. Should any of the conditions not be met or substantially complied within a -10- timely fashion, the Director may initiate rezoning of the subject property 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 28 -11- a i i .....:...: TRUE NORTH Scole: 1" = 1,000' A-20a A-l fla A-7a AGRICULTURAL (A-20®) A-20a TO Kaloko AGRICULTURAL (A-5a) } AREA: 21 .353 ACRES I 0a A-10a A-5a A-20a KAL0Ike' p A F2 I v Mauka A-20a A 5a 14,314.38 S A-3a i 208 396.49 W "MOANUTAHEA" A-5a A-20a ora° 5ubdivi3ion � o� NA p A_**a 'Ia 3 T � A-20a A-20a A- a A-5a A_5 A-3a i A-20a A_ i FA-3a A- Oa A-5a 1 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, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-5a) AT KALOKO, NORTH KOA, HAWAII. PREPARED BY : PLANNING DEPARTMENT i COUNTY OF HAWAII TMK . 7-3-25:12 JUNE 23, 1998 EXHIBIT "A" FOR REFERENCE ONLY (STAR MARKETS `T° `OT B)