HomeMy WebLinkAboutORD 1997-043 1996-1998 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 24
(Draft 2)
ORDINANCE NO. 9~7 43
AN ORDINANCE AMENDING SECTION 25-86 (NORTH & SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWA[I COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO AGRICULTURAL (A-Sa) AT KALOKO, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-25:4.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-86, Article 3, 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 fallowing area situated at Kaloko, North Kona,
Hawaii, shall be Agricultural (A-Sa):
Beginning at the south corner of this parcel of land, also being the east corner of
Lot 3, Block 5 of Kaloko-Mauka Subdivision, Increment 1 on the northwesterly side of
Hao Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA" being 10,432.11 feet south and 1,284.68 feet
west and running by azimuths measured clockwise from true south:
1. 113° 51' 00" 658.09 feet along Lot 3, Block 5 of Kaloko-Mauka
Subdivision, Increment 1;
2. 232° 28' 30" 1,928.73 feet along Makaula-Ooma Mauka Tract;
3. 3° 00' 00" 1,283.28 feet along Lots 6 and 5, Block 5 of
Kaloko-Mauka Subdivision, Increment 1;
Thence along Hao Street on a curve to the left with a radius of 530.00 feet, the azimuth
and chord distance being:
4. 79° 30' 30" 875.23 feet to the point of beginning and containing
an area of 22.065 ACRES.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. 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, 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 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 from the effective date of this chanl;e
of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision within the
subject property for no more than four lots shall be secured from the Planning
Director within five (5) years from the effective date of this ordinance. The
applicants 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 60-foot wide "forest reserve easement" along the existing public strut
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
60-foot easement; and
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3. A 100-foot wide structural setback in lieu of the required 30-foot setback
along the subject property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the
subject property fronting existing roads shall specify and uphold the easements
and setbacks set forth in Condition D. The restrictive covenant(s) shall also
specify that no less than fifty percent (50%) 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 applicants and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval.
F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the
subject property 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 applicants and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval.
G. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the
subject property shall require the individual owners of the proposed lots to filr, a
conservation plan with the Kona Soil and Water Conservation District, with a
copy of the approved plan submitted to the Planning Department, prior to any
land alteration activities within any of the respective agricultural lots. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
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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 applicants and the County and recorded
with the Bureau of Conveyances in conjunction with the issuance of Fina]
Subdivision Approval.
H. A drainage study of the subject property, if required, shall be prepared for
review and approval by the Department of Public Works, prior to submittal of
plans for subdivision review. Drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior
to the issuance of Final Subdivision Approval.
L An archaeological studylsurvey of the subject property shall be prepared and
submitted for review and approval by the Planning Director in consultation with
the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD), prior to the submittal of plans for subdivision review or any land
alteration activity, whichever occurs first. The scope of work for the
archaeological study shall be determined by the DLNR-HPD. Should significrnt
historical sites be found within the subject property which merit preservation cr
the implementation of mitigative measures, the applicants shall prepare and
submit an archaeological preservation/mitigation plan for review and approval by
the Planning Direcor in consultation with DLNR-HPD prior to the issuance of
Final Subdivision Approval or any land alteration activity of the subject property,
whichever occurs first.
J. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the DLNR-HPD shall be
immediately notified. Subsequent work shall proceed upon an archaeological
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clearance from the DLNR-HPD when it finds that sufficient mitigative measures
have been taken.
K. Access(es) to the subject property from Hao Street shall be constructed meeting
with the approval of the Department of Public Works.
L. Prior to Final Subdivision Approval, the applicant shall prepare a Solid Waste
Management Plan for the proposed development within the subject property
meeting with the approval of the Department of Public Works.
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, fire.
police, solid waste disposal facilities and roads. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow for
each such lot, and shall become duc and payable prior to final subdivision appro~~al
for any portion of the subject property 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 b rts
in each such increment. The fair share contribution may be in a form of cash, land,
facilities, or any combination thereof acceptable to the director in consultation w ith
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/Hawaii Belt Road intersection. The fair share
contribution shall have a maximum combined value of $7,239.16 per lot. Based
upon the applicant's representation of intent to subdivide and develop up to four (4)
lots, the indicated total fair share contribution is $28,956.64, however, the total
amount shall be increased or reduced in proportion with the actual number of
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subdivided lots according to the calculation and payment provisions set forth in phis
Condition M. The fair share contribution shall be allocated as follows:
1. $3,490.85 per lot for an indicated total of $13,963.40 to the County to
support park and recreational improvements and facilities;
2. $168.40 per lot, for an indicated total of $673.60 to the County to support
police facilities;
3. $332.61 per lot, for an indicated total of $1,330.44 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $582.48 to the County to support
solid waste facilities; and
5. $3,101.68 per lot, for an indicated total of $12,406.72 to the State or
County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually beginning
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 paying the fair
share contribution, the applicant may construct and contribute land,
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 approval of the director. For purposes of
administering Condition M, 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
appropriate agencies.
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N. Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the development within the subject property.
O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria Por
imposition of exactions or the assessment of impact tees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
P. 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 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
I_oning Code.
3. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
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).
Q. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject property to its original or
more appropriate designation.
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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:
~ (~u~'~
T~ IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii l/
Date of Introduction: February 19, 1997
Date of 1st Reading: February 19, 1997
Date of 2nd Reading: March 7, 1997
Effective Date: 13, 1997
APPROVED AS TO FORM AND LEGALITY
i
f,~
DEPUTY CORPORATION COUNSEL
DATED: ` !
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M20a
A-ZOa - TRUE NORTH ~t
Scale: 1' = 1,000'
Kaloko
Oe ~.-20a
A-IOa A-5a
K A L O K O
DRIVE
Mauka
A-20a
A a
A-3a
A 20a
~o'~
10,4.32.11 S A-20a ~q
1,284.68 w p
0
"M OANUTAH EA" D o0
~p(p Subd vision
ti
~p
h'4 O A Da A-20a
STR
fF>'
A-20a
A-Sa A-'~a
A-
A-7a
AGRICULTURAL (A-20a) /
TO ~
AGRICULTURAL (A-Sa) ^-s0. -
AREA: 22.065 ACRES A z A-~a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-5a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY :PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-25:4 DECEMBEd 12 1996
(f~~0 STREEf Rai)
EXHIBIT 'A"
~ ~ ' p..
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
nrr'~--n r~
(DRAF'T' 2) i t
~ L PRT'~ 17
AYES NOES AB5 EX
Introduced By: Hobby Jean Leithead-Todd Arakaki
Date Introduced: February 19, 1997 Chung
First Reading: February 19, 1997 Lei.thead-Todd X
Published: February 28, 1997
- Ray X _
RF.M.ARKS: Feynolds X
Santangelo X
_ Smith X _
Tyler X
Ya on X
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ROLL CALL VOTE
Second Reading: March 7, 1997 - AYES NOES ~ AB'~EX ~
To:~4ayor. March 7, 1997
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Returned: _ M3i'di 13, 1997 Arakaki X _
Effective: _Marcl"t 13, 1997 Chun X - _ _
Published 21, 1997 Leithead-Todd X_
Ray X _
REMARKS: Reynolds _ X _ _
Santangelo X
Smith X - -
- T ler X
- - - Ya on _ X
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I DO HEI2EBY CERTIFY that the foregoing BILL u~as adopted by the County Council and published ~~s
indicated above. APAROVED A$ TO
Ffj~ll jAND LEGI~LIJ.~(:
~_~,.a~l~ ; ~ ;~~~~r,~~,.~
DEPUTY CORPORATION COUNSEL S-a CIL CHAIRMAN
COUNTY OF HAWAII qq -
Date COIINTYCLERK
Ayyroved/Iksa~ar;ifhis - i3 day
of __,1947
C~-~-v
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OR, COUNT O HAWAII Bill No.: 24 (Draft 2 )
Referenre: C-74 PC-24
ord. No.: 4 -