HomeMy WebLinkAboutORD 1995-046 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 26
(Draft 2)
ORDINANCE NO. 95 ~6
AN ORDINANCE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA
DISTRICTS 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-Sa) AT KALOKO, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-25:11.
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 following area
situated at Kaloko, North Kona, Hawaii, shall be Agricultural
(A-5a):
Beginning at the southwest corner of this parcel of land,
being also the northeast corner of Lot 9 and on the west side
of Road "A" of the Kaloko Mauka Subdivision, Increment 1 (File
Plan 994), the coordinates of which referred to Government
Survey Triangulation Station "MOANUTAHEA" being 13591.94 feet
south and 859.41 feet east and running by azimuth measured
clockwise from True South:
1. 135° 10' 1392.56 feet along Lot 9, 1 and a
portion of Lot 2 of the
Kaloko Mauka Subdivision,
Increment 1 (File
Plan 994);
2. 225° 10' 1463.10 feet along Lot 7 of the
Kaloko Mauka Subdivision,
Increment 1 (File
Plan 994);
Thence along the west side of Road "C" of the Kaloko
Mauka Subdivision,
Increment 1 (File Plan 994)
on a curve to the right
with a radius of 50.00 feet
the chord azimuth and
distance being:
3. 318° 00' 70.71 feet;
4. 3° 00' 1969.25 feet along the west side of
Road "A" of the Kaloko
Mauka Subdivision,
Increment 1 (File Plan 994)
to the point of beginning
and containing an area of
24.533 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 hereafter
jointly referred to as "applicant", shall be
responsible for complying with all of the stated
conditions of approval.
B. 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 days from the effective date
of this change of zone.
C. Final Subdivision Approval of the proposed
subdivision shall be secured from the Planning
Director within five (5) years from the effective
date of this ordinance. The applicant shall reserve
in perpetuity for purposes of protecting and
maintaining naturally forested areas, a 60-foot wide
-2-
"forest reserve easement" and a 30-foot wide "forest
reserve easement" along all other lot lines,
exclusive of access points. Such easements,
including a 100-foot wide structural setback along
the subject property's public street frontage(s) to
provide an additional buffer, shall be delineated on
plans submitted for subdivision review.
D. As agreed to by the applicant, restrictive
covenant(s) in the deeds of all proposed lots shall
specify a 60-foot wide "forest reserve easement", a
100-foot wide structural setback along the entire
Kaloko Drive and Hao Street frontage, and a 30-foot
wide "forest reserve easement" along other lot
lines, exclusive of access point(s). The
restrictive covenant(s) shall also specify that no
less than fifty percent (SOa) of the total 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 prior to
the issuance of Final Subdivision Approval.
E. As agreed to by the applicant, restrictive
covenant(s) in the deeds of all the proposed lots
shall prohibit the construction of an ohana dwelling
or 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
-3-
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 prior to
the issuance of Final Subdivision Approval.
F. Restrictive covenant(s) in the deeds of all the
proposed lots shall require the individual owners of
the proposed lots to file a conservation plan with
the Kona Soil and Water Conservation District, with
a copy of the approved plan to be submitted to the
Planning Department, prior to any land alteration
activities within any of the respective lots. 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 prior to
the issuance of Final Subdivision Approval.
G. A drainage study of the project site, if required,
shall be prepared for the review and approval of the
Department of Public Works, prior to the 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, prior to the issuance of Final
Subdivision Approval of the subdivision.
H. Wastewater shall be disposed of in a manner meeting
with the requirements of the Department of Health.
-4-
I. An archaeological study/survey of the subject
property shall be prepared and submitted for
approval by the Planning Director, in consultation
with the Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD),
prior to 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
significant historical sites be found within the
project site which merit preservation or the
implementation of mitigative measures, the
applicants shall submit an archaeological
mitigation/preservation plan for the review and
approval of the Planning Director, in consultation
with the DLNR-HPD, prior to the issuance of Final
Subdivision Approval of the proposed subdivision or
any land alteration activity, 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 Planning Director shall be immediately
notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director
when it finds that sufficient mitigative measures
have been taken.
K. Access(es) to the subject property from Kaloko Drive
shall meet with the approval of the Department of
Public Works.
-5-
L. Interior subdivision road(s) shall be constructed in
a manner meeting with the approval of the Department
of Public Works.
M. 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 property or within five (5) years
from the effective date of this change of zone
ordinance, whichever 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, or any combination thereof acceptable to
the director, in consultation with the affected
agencies shall have a maximum combined value of
$28,956.64, provided that the fair share
contribution to address the potential road impacts
shall only be in the form of cash and shall be
applied to improving the Kaloko Drive/Hawaii Belt
Road intersection. The fair share contribution
described above shall be adjusted annually beginning
three years after the effective date of this
ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HOPI). In lieu of
paying the fair share contribution for other
-6-
facility impacts, the applicant may construct such
facilities related to park, fire, police, and solid
waste disposal facilities with the approval of the
appropriate agency(ies).
N. Should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition
of exactions or the assessment of impact fees,
conditions included herein shall be credited towards
the requirements of the Unified Impact Fees
Ordinance.
O. The applicant shall comply with all applicable laws,
rules, regulations and requirements of the affected
agencies.
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 Zoning Code;
3. Granting of the time extension would not be
contrary to the original reasons for the
granting of the change of zone;
-7-
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); and
5. Should the applicants request an additional
extension of time, the Planning
Director shall submit the applicants' request
to the County Council for appropriate action.
Q. Should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-8-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
OUNCIL MEMBER, COUN'I'4~f~F HAWAII
Hilo, Hawaii
Date of Introduction: March 1, 1995
Date of 1st Reading: March 1, 1995
Date of 2nd Reading: March 15, 1995
Effective Date: March 21, 1995
APPROVED AS TO FORM AND LEGALITY:
~.ii'STY CORPORATION COUNSEL
DATED : 3~~~~~/s-
-9-
A-coq
A-aoa A A-'acc
q Zee ~~~ 1~
o
r ~'o
w= ~o
~~ JQ4O 'y
~~ Un ~0 0
Fz q= ~ y p
A- ae4 T 0 ~iL
KALO KO MAU KA ~~~~ X SU BCIVI°.~'foN
9.~ 3ta°oe' /
~ p moat
R ~ So.eo
0
D
`O
q-'zoo
--®FC (i'9- A-'zoo
A-2oq R
'Po ~~ A-'zoa
H. , `p
v roy A<3R1Gt~L"7'l1RAL (A-'20q)
'~' TO AGRICULTURAL (A-So)
~S + A>QEA=24-533 ACIQ6S
q-tea
'~, 'o. U
~( \ 0
O '~,a
~0 ~
~s@
A-2eo
A-tee
1'~ ID,49t-94 '-~
Q- ~ "M ANUTAMEA'"L-1
\v A-woe /
A-3q\ 0 /
1,P
A-too // A-20o
A-3q
A-3a
A-toe
AMENDMENT TO THE ZONING CODE
ANIEN171NG SECTIOPI '2S-@6 (NORTI-i AND SOLTH
KONA DISTRICT@ ZONL MA1°) ART1G1-C 3,
CHAPT~1~ ~5 (ZONING CopE) ot= THE HAYVAIf
COUNT?' Cope, f3Y CHANGING THE DISTRICT
CLAS~I{°ICATION FROM ACiR1CUL,Tti f~AL (A-~Oa)
To AGRICULTURAL (A-5a) AT KALOKO, NOT~f'F-!
KONA 1 HAWAII.
1°RL=1°ARe~ By = PLANNING t7EPARTMBNT
' COUNTT ~F 1-IAWAfI
TM1C = 7-9--25 _ II troy ~.5, 194
(JAMES 12_ PAUL, ET_ AL.~
EXHIBIT t~At1
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
(DRAFT 21
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Keola Childs
March 1, 1995
March 1, 1995
N/A
Second Reading: March 15, 1995
To Mayor: Marc 16, 1995
Returned: March 21, 1995
Effective: March 21, 1995
Published March 28, 1995
REMARKS:
I DO HEREBY CERTIFY that the ore
indicated above APPROVED ~
FORM py9- L;~
Approved/
ol~~
DoM
SRPORAT1017 COUNSEL
COUNTY OF HAWAII
MAR 2 0 1995
day
19 G} r
Y R, COUNTY OF WAII
. .. ~~l
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo 7{
Osorio X
Rath X
Ray X
Smith X
7 1 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson }{
Childs X
De Lima X
Domingo }{
Osorio
Rath X
~Y X
Smith 7{
8 1 0 0
adopted by the County Council and published as
~~
B;tINo.: 26 (Draft 2 )
Reference: C-150 PC-29
Ord. No.: 5