RES 058 Draft 01 1996-1998 - Laserfiche WebLink

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. . COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 5 8 ~L- RELATING TO ZONINGS ABOVE THE 3,OOO-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO MAUKA SUBDIVISION WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified to any zone district having a minimum lot size of less than twenty acres; and WHEREAS, shortly after the adoption of Resolution No. 330-96, the Council approved two change of zone requests for A-lOa lots above the 3,000-foot elevation with more stringent requirements to mitigate the concerns established in Resolution No. 330-96; and WHEREAS, although the Council recognizes that a low density use pattern for the mauka, watershed lands of the island of Hawaii, in particular the Kona region, should be protected and maintained for environmental reasons, the County cannot prevent the bulldozing of agricultural lands and the misuse of the Condominium Property Regime (C.P.R.) law; and WHEREAS, the Council finds that a ten-acre minimum lot size for lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following conditions in addition to the standard conditions of approval for similar zonings in the area, will protect the watershed and native forest and maintain a low density pattern: A. 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 public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; 2. A 30-foot "forest reserve easement" along all lot lines not covered by the 100-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.