HomeMy WebLinkAboutCOM 0885.001 2022-2024Dr. Holeka Gor•o Inaba
Council Member, District &, N. Kona
HAWAPI COUNTY COUNCIL
DATE: June 18, 2024
TO:
FROM:
County of Hmvai'i
West Hmvai `i Civic Center, Bldg. A
74-5044 ,one Keohokalole Hivy.
Kaihia-Kona, Hawaii 96740
Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
Office: (808) 323-4280
Email: holeka. innaba@hawaiienunl}..gov
CD Ci
Dr. Holeka Goro Inaba, Council Member
Council District 8
SUBJECT: Proposed Amendments to Bill No. 166; an Ordinance Amending Section 25-8-3
(North 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 Acres (A-20a) to Family Agricultural — 5
Acres (FA-5a) at North Kona, Hawaii, Covered by Tax Map Key: 7-3-024:003.
Transmitted herewith are proposed amendments to Bill No, 166, The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 166; material to be
deleted is bracketed and stricken, material to be inserted is underscored.
1. SECTION 2 of Bill No, 166 is amended by amending Condition D to read as follows:
"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
frontages of the subject property, exclusive of the sight distances and
access points permitted by the Department of Public Works;
2. A 30-foot "forest reserve easement" along all proposed lot lines not
covered by the I00-foot casement; and
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." Q
Comm. % A 5
Ha►vai'i County Is an Equal Opportunity Provider and Employer Ref. To:
Ref. Date JUN 18 2024
2. SECTION 2 of Bill No. 166 is amended by amending Condition G to read as follows:
"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),
2. The forest management [pmgram shall inolude a estr- ef., e eovenant f
the p ed lots within the ..,,h;eet „ o,.t„ whieh shall be , .,,•ded wit
plan shall be reflected in
restrictive covenants for the proposed lots within the subjectproperty. A
'•` copy of the covenants [to be recorded] shall be submitted to the Planning
Director for review and approval [prior to the isstianee of F
S„hdiyisio., Approval. _ I -^^rt� of elhe Tapproved 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. As represented b, tl�pplicant, no land -clearing activities within the
subject property shall occur prior to the issuance of Final Subdivision_
Approval, with the exception of suchclearin activities minimall
necessary to satisfy the requirements for 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 perpetually govern the proposed lots
within the subject property [for a ,pried of fifty (50) years and its
termination may be considered after the 50 year period has elapsed by
,tee] "
3. SECTION 2 of Bill No. 166 is amended by amending Condition N to read as follows:
A
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impaets shall be in the forffl of etish and/or in kind services approved by the
Cam,,,,,+,, f' aiitieil and shall be applied to improving the Kalako Drive/Mamala
lots,Highway interseetion. Based upon the ApplieaWs fepfesenfatien of intent to
subdivide and develop tip to three (3) ladditional
the fair share eentr-ibution is
$16,641 .1 C 1-1 e .ldaitional lot, f a e6i biased total of $49,923.45. The fair s-1 afe
contribution shall be adjusted annually by t ''' Getint-y Planning
t, CLiL.�CiI 11LLiUl I�p�C11
based on the pefeentage ehange in the Honolulu Consumer Mee index (HCPI).
Upon approval of the faif
lICCLL LiVilCLl VLTLIpI , the lICI11 ilLIFlI7ILC L[
as allocated, and further implement
final ve eft to the County Couneil for- its information that identifies the speeific
] The Applicant shall make its fair share contribution to mitigate the
potential regional impacts of the development with res ect to arks and
recreation, fire, police, solid waste disposal facilities and roads. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval and shall be based on the actual number of additional lots created. The
fair share contribution in the form of cash land facilities or any combination
thereof shall be determined by the County Council. The fair share contribution
may be adjusted annually be lnnin three 3) years after the effective date of this
ordinance based on the percentage. chanize..in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a maximum combined value of
$16,641.15 per residential lot. The fair share contribution per residential lot shall
be allocated as follows:
1. $8,024.66 per residential lot to the County to support parks and
recreational improvements and facilities,
2. $387.11 per residential lot to the County to support police facilities;
3. $764.59 per residential lot to the County to support fire facilities;
4. $334.75 per residential lot to the County to support solid waste facilities,
and
S. $7,130.04 per residential lot to the County to support road and traffic
improvements.
In lieu of navinl7 the fair share contribution, the Annficant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Plannin
Director, upon consultation with the appropriate agencies and approval of the
County Council pursuant to Section 2-162.1(a) of the Hawaii County Code."
4. SECTION 2 of Bill No. I66 is amended by adding a Condition R to read as follows:
"R, An initial extension of time for the performance of conditions within this
ordinance mabe requested in accordance with Section 25-2-44, subsections (c)
and (), of the Hawaii County Code."
A copy of the new draft of the bill that would result if these proposed amendments were adopted
is not attached due to time constraints.
Thank you.
HGI:wpb
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