HomeMy WebLinkAboutBIL 041 Draft 01 2022-2024 J�jY OF h,,,
COUNTY OF HAWAII •f.��' / - STATE OF HAWAII
E OF N'
BILL NO. 41.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO
AGRICULTURAL—TEN ACRES (A-10a)AT KALOKO,NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY: 7-3-027:003.
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 Hawai`i County
Code 1983 (2016 Edition, as amended) 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,
Hawai`i, shall be Agricultural—Ten Acres (A-10a):
Beginning at the Southwesterly corner of this parcel of land,being also the
Northwesterly corner of Lot 4 of Block 9 of Kaloko Mauka Subdivision, Increment 2
(File Plan 1010) and being a point on the Easterly side of Haleamau Street, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station"MOANUIAHEA"being 10,032.37 feet South and 3,920.84 feet East and
running by azimuths measured clockwise from True South:
1. 195° 35' 650.00 feet along the Easterly 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:
-1-
2. 285° 35' 1,127.48 feet along Lot 8 of Block 9 of
Kaloko Mauka Subdivision,
Increment 2 (File Plan 1010)to a
point;
3. 5° 10' 1,012.45 feet along Lot 7 and Lot 5 of Block 9
to Kaloko Mauka Subdivision,
Increment 2 (File Plan 1010) to a
point;
4. 120° 21' 48" 1,355.38 feet along Lot 4 of Block 9 of
Kaloko Mauka Subdivision,
Increment 2 (File Plan 1010) to the
point of beginning and containing an
area of 22.665 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, Hawai`i 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 applicant, its successors or assigns ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
-2-
B. The Applicant shall be responsible for complying with all requirements of Chapter
205, Hawai`i Revised Statutes, relating to permissible uses within the State Land
Use Agricultural District.
C. Prior to issuance of Final Subdivision Approval, the applicant shall show on the
subdivision plat map the existing meter locations with the meter numbers and
shall designate in writing which lots within the proposed subdivision will be
assigned the existing water service. Should the existing water meters or service
laterals not front the parcel that they will serve, the applicant shall relocate the
water meters or service laterals meeting with the approval of 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 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:
1. 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.
2. A 30-foot-wide "forest reserve easement" along all lot lines not covered by
the 100-foot easement.
3. For new structures proposed after the effective date of this ordinance, 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
-3-
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
Haleamau 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 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 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 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 Director in
consultation with the State Department of Land and Natural Resources. The forest
management plan shall require the following:
-4-
1. Include 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
(i.e. Forest Stewardship 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 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 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 maybe
considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
H. 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
-5-
during the demolition and/or construction work, the Applicant shall cease work in
the immediatevicinity of the find,protect the find from additional disturbance and
contact the Department of Land and Natural Resources - State Historic
Preservation Division(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.
Should any state or federally listed or endangered species be found on the subject
property, the Applicant shall comply with all applicable requirements of
Department of Land and Natural Resources -Division of Forestry and Wildlife.
J. Access(es) to the subject property from Haleamau Street shall comply with
Hawai`i County Code, Chapter 22 (County Streets).
K. 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 payable prior 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 one additional lot, the fair share contribution is
$15,636.59 per additional lot. The fair share contribution shall be adjusted
annually by the Hawai`i County Planning Department, beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index. Upon approval of the fair share contribution, the
Planning Director shall submit a final report to the County Council for its
-6-
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 Fees
Ordinance.
M. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations and requirements for the proposed development.
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:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the 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).
-7-
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.
O. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
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:
Ilk
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 210
-8-
N
A-20a A-20a
10,032.37'S
3,920.84'E
"MOANUTAHEA" AGRICULTURAL-20 ACRE
(A-20a)TO AGRICULTURAL-10
ACRE(A-10a)
22.665 ACRES
A-20a
oa
1‘
A-3n 9�
'
cp
wT -10a .traie
0
o.
3_70
A =
raA-lOa ti
lika /4464*,
4,
ea
104:s:-2,
Oa Oa 410a
e 6• 66S116 . ''-10a 197(0 ille)a
l
/
s>, I-04 A- 'a Mill r°raoA 20
• ap • %aaO
Pk/1
#Q0 Oa :-10a 70a ca A-20a6a
16.
a "Oai --l0a
rti
a
40a
011111
ftOa •
r3!
A-20a0.40-
a FA-5a
411111111k
A-20a A-20•
Lk-5a
Ilia I
Feet
0 2,000 4,000 6,000 8,000 10,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICT ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL-20 ACRE (A-20a) TO AGRICULTURAL- 10 ACRE (A-10a)
AT KALOKO, NORTH KONA, HAWAI'I.
MAP PREPARED BY:
TMK:(3)7-3-027:003 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:December 8,2022
EXHIBIT"A" Charles&Ann Stevenson,John Fumo
Map: 1448