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HomeMy WebLinkAboutBIL 151 Draft 02 2000-2002 couN~ o~ _ s~A~~ o~ BILL NO. 151 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICTS ZONE NLAP), ARTICLE 8, CI~IAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-Sa) AT KALOKO, NORTH KONA, I~AWAI`I, COVERED BY TAX MAP KEY 7-3-24:1 & 2. BE IT ORDAINED BY THE COUNCII. OF THE COUNTY OF HAWAI`L• SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, 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 Family Agricultural (FA-Sa): Beginning at the north corner of this parcel of land, being the east corner of Lot 5 of Kaloko Mauka Subdivision, Increment 1, Block 3 (File Plan 994) and along the southwest side of Kaloko Drive, the coordinates of said points of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 13,675.06 feet South and 1,144.93 feet West and thence running by azimuths measured clockwise from true South: 1. 315° 10' 1133.97 feet along the southwest side of Kaloko Drive; 2. 15° 00' 894.25 feet along Reservoir Site No. 3 and Lot 5-A-3 of Kaloko Mauka Subdivision, Increment 3, Block 6 (File Plan 1432); 3. 71 ° 45' 700.95 feet along Lot B, being a portion of R.P. 7587, L.C.Aw. 11216, Ap. 36 to Kekaunohi (Certificate of Boundaries No. 138); -1- 4. 135° 10' 1269.67 feet along Lots 4-A, 4-B and 4-E-1 of Kaloko Mauka Subdivision, Increment 1, Block 3 (File Plan 994); 5. 225° 10' 1399.98 feet along Lot 5 of Kaloko Mauka Subdivision, Increment 1, Block 3 (File Plan 994) to the point of beginning and containing an area of 44.643 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. The County Council finds the following conditions are (1) necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (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. In this case, there is a desire to protect the forest and watershed areas, to control the overall density of the area, to preserve the present ambience of the Kaloko Mauka subdivision and to mitigate concerns over the Kaloko/Mamalahoa intersection and the use of subdivision roads. Therefore, this change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, its 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 of the effective date of the change of zone ordinance. D. Final Subdivision Approval of the proposed family-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 delineate such easements and setbacks on plans submitted for subdivision review: 1. a 100-foot wide "forest reserve easement" along Kaloko Drive frontage for affected proposed lots, exclusive of sight distances and access points permitted by the Department of Public Works. This 100-foot wide "forest reserve easement" shall satisfy the front structural setback in lieu of the required 30-foot setback for the proposed lots with frontage along Kaloko Drive; and 2. a 30-foot "forest reserve easement" along all proposed lot lines not covered by the 100-foot "forest reserve easement." E. Restrictive covenant(s) in the deeds of all the proposed family- 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 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 recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. Restrictive covenant(s) in the deeds of all the proposed family- agricultural lots shall prohibit the construction of a second dwelling unit on each lot. 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 recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. G. A Forest Management Plan for the proposed lots within the subject properties shall be prepared and submitted to the Planning Director for review and approval, in consultation with the State Department of Land and Natural Resources[, 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 -4- 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 properties, 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 copy of the approved covenant(s) shall be recited in an instrument executed by the applicant 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 properties have 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 properties shall be substantially implemented prior to the issuance of Final Subdivision Approval. This Forest Management Plan shall govern the proposed lots within the subject properties for a period of fifty (50) years and its termination may be considered after the -5- 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. The proposed agricultural lots shall not be permitted to have any direct vehicular access to Kaloko Drive. I. An interior subdivision road shall be constructed in a manner meeting with the approval of the Department of Public Works. J. A drainage study of the project site, if required, shall be prepared and submitted to the Department of Public Works for review and approval, 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 in conjunction with the issuance of Final Subdivision Approval. K. Wastewater shall be disposed of in a manner meeting with the requirements of the Department of Health. L. An Archaeological Inventory Survey of the subject properties shall be prepared and submitted to the Planning Director for review and approval, in consultation with the Department of Land and Natural Resources-I~istoric Preservation Division (DLNR- HPD), prior to Final Subdivision Approval or any land alteration activities, whichever occurs first. The scope of work for the Archaeological Inventory Survey shall be determined by the DLNR-HPD. Should significant historical sites be found within the project site which merit preservation or the implementation of -6- mitigative measures, the applicant shall submit an Archeological Data Recovery Plan and Preservation Plan for the review and approval of the Planning Director in consultation with DLNR- HPD. A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to Final Subdivision Approval or prior to any approval for any land alteration permits, whichever occurs first. In lieu of the above, a letter of clearance from DLNR-HPD shall be submitted to the Planning Director for its files prior to Final Subdivision Approval or prior to any approval for any land alteration permits, whichever occurs first. M. 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. N. [The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject properties -7- or within five (5) years from the effective date of this change of zone ordinance, :vhichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities, services or any combination thereof shall be determined by the County Council.] The applicant shall make its fair share contribution to mitigate potential re ig_onal impacts of the subject proiect with respect to roads. The amount of the fair share contribution shall be the sum which is the product of multipl~g the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and pa a~prior to final subdivision approval for an,~portion of the subject ~roperty or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution in a form of cash land facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, provided that the fair share contribution to address the potential road impacts shall be in the form of cash and shall be applied to improving the Kaloko Drive/Hawai`i Belt Road intersection. The fair share contribution shall have a value of $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to subdivide and develop up to ei~ht~81 residential units the indicated total fair share contribution is $5/,913.28, however the total amount shall be increased or reduced in proportion to the actual number of subdivided lots according to the calculation anal payment provisions set forth in this Condition N. The fair share contribution shall be allocated as follows: -8- $7,239.16 per lot for an indicated total of $57,913.28 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annuall~b~innin~ three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of pa~~ the fair share contribution, the applicant may construct and contribute land, improvements/facilites related to parks and recreation, fire, police, solid waste disposal facilites, and roads within the region impacted b~proposed development, subject to the approval of the director. For purposes of administering Condition N, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director, upon consultation with the ~pr~riate agencies. Upon approval of the fair share contributions or in lieu contributions by the director the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions,, as allocated, and further implementation requirements. O. In order to facilitate the timely construction of necessary improvements to the Mamalahoa Highway-Kaloko Drive intersection, the applicant shall prepare a Traffic Impact Analysis Report (TIAR) for the Mamalahoa Highway-Kaloko Drive intersection, and perform conceptual design analyses and cost estimates for the intersection improvements meeting with the approval of the State Department of Transportation and the County Department of Public Works. The cost for this work may be used to satisfy the applicant's fair share contribution and/or towards funds previously collected. The fair share contribution -9- may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Ilonolulu Consumer Price Index (HCPI). P. Comply with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the development within the subject properties. Q. Should the I-Iawai`i County 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. R. 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, 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. -10- _ 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. S. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject properties 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: . ~ i ~y k ~ / ~ L COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: r~ _ 476.1 . APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -11- N 13, 675.06 S 1 14493 W W E ~ 'lVIOANUTAHEA pp ~ A-20a A-20a ~ ~ S \ A-3a ti ~ A-20a - -ia ~ ~ A-20a ~ A-20a ~ A-)Oa ~ A-20a 1 Q ~ A-2Da A-20a A-3a ~~a I A-20a 2 9~d A-10a A-la A-20a I ~ 9~d A-5a Q A-5a A-1Da ( A-20a A-5a ~ M`0 9 ~ A-10a A-3a A-20a \ I FA-3a Q' a FPS ~d A-)Oa - ~A-3a A-20a A-3a 9~d P3z P P'h'D A-2Da - \ , 1/ F3 O A-20a ~A-3a „ A-3a ~ A-3a P~~ A-5a O ~ ~ A-3a A-20a A-3a ~ ~ A-5a A-20a A-5a ~Qa~ A-3a -20a ~ ~ A 2Da A-Sa A_~ ~ ~ -3a A-3a A-3 g A-Sa A-20a 1 9 A-la i9d 'F A 3a ~~:4-3a A-3a O ~ A-3a A-3a A-20a yam'`:;':.: A-20a v v \ A-3a m ~ -3 d \ A-3a ~ - ' A-3a ~ A-3a A~ ~ ~ ~ A-3a sa A-2oa AGRICULTURAL (A 20) TO A-)a A-3a ~ FAM4LY AGRP~1lJL1'URP~. (FA~5~) n ~ a -3m A-3a d A 1 \ V AREA = X4.643 Acs. ~A 1 A_3a A 1 \ / A-20a \ / A-)a A-2Da y ~~1~ A-l0a A-1a1, A-2Da A-20 A-1a 0 2000 4000 6000 8000 Eel AMEN®ING SECTION 25-8-2 (IVORTI~ AND SOUT~-i KOIVA ®ISTRICTS BONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, SY CHANGING Ta-IE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A 20) TO FAMILY AGRICULTURAL (FA 5a) AT KALOKO, NORTH KONA, HAWAII PREPARE® SY: PLANNING DIEPARTMENT COUNTY OF HAWAI I TMK : 7-3-24:1 & 2 NOV. 8, 2001 (KAM CENTER SPECIALTY COPRORATION-1050)