HomeMy WebLinkAboutORD 1995-049 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 29
(Ilraft 2)
ORDINANCE NO. 95 49
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-3a) AT KALOKO, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-25:5.
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 properties described hereinafter as follows:
The district classification of the following area
situated at Kaloko, North Kona, Hawaii, shall be
Agricultural (A-3 a):
Beginning at the East corner of this parcel of land, on the
Northwesterly side of Hao Street, being also the South corner
of Lot 4 of Block 5 of Kaloko Mauka Subdivision, Increment 1
(File Plan 994), the coordinates of which 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. 23° 51' 1,033.58 feet along the Northwesterly
side of Hao Street;
2. 113° 51' 1,222.20 feet along Lots 2-D, 2-E, 2-F
and 2-G of Kaloko Plantations,
Increment II;
3. 232° 28' 30" 1,177.50 feet along Government Land,
along Makaula-Ooma Mauka
Tract;
4. 293° 51' 658.09 feet along Lot 4 of Block 5 of
Kaloko Mauka Subdivision,
Increment 1 (File Plan 994) to
the point of beginning and
containing an area of 22.307
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
"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
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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 (500) of the total lot area
shall be retained in forest, except that
horticultural activities may occupy any of the land
not encumbered by the "forest reserve easements." 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
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
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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. As agreed to by the applicant, a reforestation plan
for the 60-foot wide "forest reserve easement" and
the 30-foot wide "forest reserve easement" along the
perimeter of the subject property shall be prepared
and submitted for approval by the Planning Director,
in consultation with the Kona Soil and Water
Conservation District, prior to the submittal of
plans to the Planning Director for the subdivision
of the subject property. Prior to the issuance of
Final Subdivision Approval, the applicants shall
provide satisfactory evidence to the Planning
Director that the approved reforestation plan has
been substantially implemented.
H. 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.
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I. Wastewater shall be disposed of in a manner meeting
with the requirements of the Department of Health.
J. 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.
K. 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.
L. Access(es) to the subject property from Hao Street
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shall be constructed in a manner meeting with the
approval of the Department of Public Works.
M. Interior subdivision road(s) shall be constructed in
a manner meeting with the approval of the Department
of Public Works.
N. 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 effecive 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
$50,674.12, 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
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ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HOPI). In lieu of
paying the fair share contribution for other
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).
O. 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.
P. The applicant shall comply with all applicable laws,
rules, regulations and requirements of the affected
agencies.
Q. 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
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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); 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.
R. 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.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 1, 1995
Date of lst Reading: March 1, 1995
Date of 2nd Reading: March 15, 1995
Effective Date: March 21, 1995
APPROV A~S T`O FORM AND LEGALITY:
~_... CORPORATION COUNSSEL
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-86 (NORTH ANb 50UTH
KONA DfSTRICT6 ZONE MAP) ARTICI-E 3, CHAPTER
25 (zON1N6 cope) OF THE HAWA1t COUNTY CODE
f3Y C'HAN0ING THE t718TR1CT CLA5a1FICATION
FRGM A6RICUl.TURAt- CA-20a) TG AGtQtCUI-TUIQAL
(A-3Q) AT KALOKO, NORT!-t KONA , HAWAtI_
pREpAR>=~ BY = 1°LANN11`1G t~E'PARTMENT'
COUNTY OP 1-}AWAIT
TMK = 7-3-25 = 5
NOY- ~5, I°>°~4
EXHIBIT "A"
(AI'tTONE ANb SARAH Ruts)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo .Hawaii
/non Fm ~i
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Keola Childs
Marc 1, 1995
March 1, 1995
N/A
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
March 15, 1995
Marc 6, 1995
March 21. 1995
March 21, 1995
March 28, 1995
/..
ROLL CALL VOTE -
AYFS NOFS AB5 EX
Arakaki X
Bonk-Abramson X
Childs }{
De Lima X
Domino }{
Osorio }{
Rath X
Ray X
Smith }{
7 1 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Bonk-Abramson X
Childs X
De Lima X
Domingo }{
Osorio }{
Rath X
Ray X
Smith X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. pppROVED as to
F04f.1 rr91 L LIY
CORPO'ATiOtJ COUNSEL
COUNTY OF HAWAII
Dote
Approved/
of~
R, COUNTY OF WAII
,.
.°L~.~ - - i:5~
Bi1lNo.: 29 (D
Reference: C-153/PC-32
Ord No.: 4