HomeMy WebLinkAboutBIL 176 Draft 01 2004-2006 COUNTY OF HAWAI`L STATE OF HAWAI`i
BILL NO. 176
ORDINANCE NO.
AN ORDINANCE 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 AGRICULTURAL (A-l0a) AT KALOKO, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 73-26:14.
BE IT ORDAINED BY THIi COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification ofproperty described
hereinafter as follows:
The distrct classification of the following area situated at Kaloko, North Kona,
Hawaii, shall be Agricultural (A-l0a):
Beginning at the Southwesterly corner of this parcel of land, being also the
Northwesterly corner of Haleamau Street and being a point on the Easterly side of Kaloko
Drive, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA"being 10,347.06 feet South and 3,470.78 feet
East and running by azimuths measured clockwise from True South:
1. 143° 1 t1' 1,315.63 feet along the Easterly side of Kaloko Drive
to a point;
2. 233° 10' 900.00 feet along Lot 2 of Block 8 of Kaloko
Mauka, Increment 2 (File Pla~~ 1010) and
along the remainder of Royal Patent 8214,
Ladd Commission Award 7715, Apana 11 to
Lota Kamehameha to a point;
3. 323° 10' 962.39 Cect along Lot 5 of Block 8 of Kaloko
Mauka, Increment 2 (File Plan 1010) and
along the remainder of Royal Patent 8214,
-1-
Land Commission Award 7715, Apana 11 to
Lota Kamehameha to a point;
Thence, for the next four (4) courses following along the Westerly side of
Haleamau Street:
4. I S° 35' 504.63 feet to a point;
Thence, following on a curve to the right with a radius of 460.00 feet, the chord
azimuth and distance being:
5. 34° 22' 30" 296.36 feet to a point;
6. 53° 10' 169.53 feet to a point;
Thence, following on a curve to the right with a radius of 50.00 feet, the chord
azimuth and distance being:
7. 98° ] 0' 70.71 feet to the point of beginning and containing
an area of 25.718 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. [n accordance with Section 25-2-44, Hawaii County Code ] 983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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 shall be responsible for complying with
all of the stated conditions of approval.
-2-
B. The applicants, 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.
C. The applicants 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 from the effective date of this change
of zone.
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 "forest reserve easement" along all lot lines not covered by the
] 00-foot easement; and
3. 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.
E. Access from Kaloko Drive shall be limited to one approach.
-3-
F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads 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 far 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 pnor to the issuance of Final Subdivision
Approval.
G. 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 nay 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 Hawaii 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.
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 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 program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded with
the State of Hawaii 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
recor<ting 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 sorest 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.
-5-
I. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works. 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. 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.
K. The applicants shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Environmental Management.
L. 'Phe applicants shall make their 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 within ninety days of the
effective date of this ordinance. 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. The fair share contribution shall have a
value of $9,991.20 per additional lot. Based upon the applicants' representation
of intent to subdivide and develop up to one (1) additional lot, the indicated total
fair share contribution is $9,941.20. The fair share contribution shall be allocated
as follows:
-6-
• $9,99].20 per additional lot for an indicated total of $9,991.20 to
the State or County to support road and traffic improvements.
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
(HGPI). Upon approval of the fair share contributions, the 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. Should the Council adopt a Unifted 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 hnpact Fees
Ordinance.
N. The applicants shall comply with all applicable County, State and Federal laws,
rules, requirements and regulations.
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
I. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, 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.
-7-
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone
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 maybe extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
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 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 This ordinance shall take effect upon its approval.
INTR CED
1
C UNCIL MEMB , COUNTY O AWAI`I
T.~t.9DUC ~D BY: -
c~ ~
COUNCIL EMBE C T OF HA AI`I
Hawai `i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
A-20a f(PaAJ A-10a
\ a-zoa AGRICULTURAL (A•20a) TO aanaSA
AGRICULTURAL ~•10af _
- - - -
~ 25.718 ACRES A-20a
A-foa A-10a
A-zoa A-ma Kaloko Dr
A-20a
A-20a A-20a A-10a A-20a
A40a A-i0a
Makah/Sl a-foa 1 d
A-20a o0
~O~ . O
A40a tl(~t°, ~ A-20a
A-foa 1o,3a7.os s
3,410.78 E A-20a A-foa
"MOANUTANEA"' A40a
A-20a A-20a
A-foa
A-10a A-5a N~ A-20a A-20a
O A.10a
A ~20a A-foa
A-7a
A 5a Ha Sl A-20a
A-Sa ~ A-foa
A-3a = A-20a -
v, A-8a
0 0
A-10a
N A-Sa o A-20a
' A-3a A-3a OF
A-5a
FA-3a
A-3a q-3a A-5a
FA-3a Ka/oko A.3a A-$a
~ F 7a A-Sa
A-20a
A-2oa
FA-3a A-3a
A-Sa FA-3a A-20a
'A-3a, FA:Sa A-3a A-20a
;A-3a A-3a
1.000 900 0 1.800 3,60C 5.400 7 700 i
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
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a) TO
AGRICULTURAL (A-10a)
AT KALOKO, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK'. 7-3-026014 Date Septo tuber i6. 200
EXHIBIT "A" (Errol Y w and Andrea e vim ifs91