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Home My WebLink AboutBIL 226 Draft 01 1998-2000 µ1~ Oi Mf? ~~0:'` .te~a,:;~-;i.;," COUNTY OF HAWAY:~e' ~ STATE OF HAWAII ~`'~•„a;~ o ~ BILL NO. 226 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-l0a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-26:19. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafrer as follows: The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricultural (A-l0a): Beginning at a''/z inch pipe (found) at the Southeasterly corner of this parcel of land, being also the Northeasterly corner of Lot 7 of Block 5 of Kaloko Mauka Subdivision, Increment 1 (File Plan 994) and being a point on the Westerly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 9,642.71 feet South and 1,066.35 feet East and running by azimuths measured clockwise from True South: 1. 135° 10' 1,394.97 feet along Lot 7 of Block 5 of Kaloko Mauka Subdivision, Increment 1 (File Plan 994) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; 2. 232° 28' 30" 1,816.46 feet along Makaula - Ooma Mauka Tract (State of Hawaii) to a % inch pipe (found); Thence, for the next three (3) courses following along the Southerly side of Makahi Street: 3. 323° 10' 1,072.83 feet to a point; Thence, following on a curve to the right with a radius of 70.00 feet, the chord azimuth and distance being: 4. 8° 10' 98.99 feet to a point; Thence, following on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 5. 98° 10' 70.71 feet to a point; Thence, following along the Westerly side of Kaloko Drive on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 6. 73° OS' 1,015.40 feet to a point; 7. 3° 00' 854.76 feet along the Westerly side of Kaloko Drive to the point of beginning and containing an area of 33.461 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 applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, 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. -2- C. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from [he date of compliance of Condition P. The applicants shall reserve [he following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and 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 sight distances and 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 property's public street frontage to provide an additional buffer. D. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting Kaloko Drive shall specify and uphold the easements and setbacks set forth in Condition C. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition C, 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 proposed covenant(s) to 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. -3- E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots 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 prior to the issuance of Final Subdivision Approval. F. 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 a 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 Bureau of Conveyances and/or Land Court. A copy of the covenants 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 -4- the applicants 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. 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 file a conservation plan with [he 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 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. H. A drainage study of the project site, if required, shall be prepared and submitted for review and approval by the Department of Public Works, prior to submittal -5- 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. I. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. J. Access(es) to the subject property from Kaloko Drive shall be constructed in a manner meeting with the approval of the Department of Public Works. K. The applicants 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 shall be determined by the County Council, provided that the fair share contribution to address [he 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 -6- fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution for other facility impacts, the applicants may construct such facilities related to park, fire, police and solid waste disposal facilities with the approval of the appropriate agency(ies). L. Comply with all applicable laws, rules, regulations and requirements of the affected agencies for approval of the development within the subject property. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. 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). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. O. 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. P. Final subdivision approval shall be effective upon the execution of a construction contract for the improvements of the intersection of Kaloko Drive and Mamalahoa Highway. 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. -8- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C LJNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: &EFERENCE: Comm. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -9- . ~~ENOR~ A-2oa A-2oa ,,a~,. A -2Oa HALFAMAU A-2oa ~Re ~ A-zoa ~µNE A-2oa A-2oa 0 A-2oa KOOK A-ioa A-2oa ~E~ M~"1 A-zoa A-~a A-lOa A-lOa SCR 9,642.71 5 1,066.35 E ~MOANUTAHEA'A A-2oa 20a A-20a A-20a ~0k0 A-l oa A-2oa A-2oa A-5a A-2Oa AGRICULTURAL (A-20a) A-sa °R~' TO AGRICULTURAL (A-t0a) A-5a AREA: 33.461 ACRES A-sa A- oa A-sa A-sa A-3a A-3a A-zoa iA'~a A-3a A-3a A-20a A \a \ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSI- FICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-t0a) AT KALOKO, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-3-26:19 FEBRUARY 23, 2000 EXHIBIT "A~~ (MORTON ASSOCIATES HOLDINGS)