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Home My WebLink AboutRES 058 Draft 03 1996-1998 ----- ---------------------~------- --- ---- , .' .. , . . . COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 58 97 (Draft 3) 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 el~vation with more stringent requirements to mitigate the concerns established in Resolution No. 330-96; and WHEREAS, 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; and WHEREAS, the Council finds that a maximum density of two dwellings per tweny acres 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 lOO-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 3D-foot "forest reserve easement" along all lot lines not covered by the 100- foot easement; and 3. A lOO-foot wide structural setback in lieu of the required 3D-foot setback along the existing property's public street frontage to provide an additional buffer. .. ~ . . " . .' . . B. 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 _' The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition _, 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 the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit the construction of a second dwelling unit on and any further subdivision of 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 the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. D. 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 State Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The forest management plan shall require the following: 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, 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 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 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 may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA WAIl that the Planning Commission consider favorable recommendations for A-lOa zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the aforementioned conditions with such recommendation provided that the other goals, policies, and standards of the General Plan are met. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and Virginia Goldstein, Planning Director. Dated: Hilo, Hawaii, this 2nd day of June , 1997. BJLT/CES CHAlRMAN & PRESIDING OmCER RESOLUTION NO. COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 2, 1997 ATTEST: ROLL CALL VOTE AYES NOES ADS EX ARAKAKI X CHUNG X LEITHEAD-TODD X RAY X REYNOLDS X SANTANGELO X SMITH X TYLER X YAGONG X 8 0 1 0 c- 219 04 PC- 3 Reference / 5 58 97 (DRAFT 3)