HomeMy WebLinkAboutORD 1999-035 1998-2000 Jµ:• 0...4ti_
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COUNTY OF HAWAZ_ ` ~ :-;STATE OF HAWAII
BILL NO. 3~n
(Draft 2)
ORDINANCE NO. 99 35
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT KALOKO, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-25:15.
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 properly described hereinafter as
follows:
The district classification of the following azea situated at Kaloko, North Kona,
Hawaii, shall be Family Agricultural (FA-3a):
Beginning at the Northwesterly comer of this parcel of land, being also the
Southwesterly comer of Lot 4 of Block 4 of Kaloko Mauka Subdivision, Increment 1
(File Plan 994) and being a point on the Northeasterly side of Kaloko Drive, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "MOANUTAHEA" being 12,860.69 feet South and 1,841.76 feet West and
running by azimuths measured clockwise from True South:
Thence, for the next three (3) courses following along the remainder of Royal
Patent 8214, Land Commission Awazd 7715, Apana 11 to Lota Kamehameha:
1. 225° 10' 1,400.00 feet along Lot 4 of Block 4 of Kaloko
Mauka Subdivision, Increment 1 (File
Plan 994) to a point;
2. 315° 10' 683.30 feet along Lots 6 and 7 of Block 4 of Kaloko
Mauka Subdivision, Increment 1 (File
Plan 994) to a point;
3. 45° 10' 1,400.00 feet along Lot 2 of Block 4 of Kaloko
Mauka Subdivision, Increment 1 (File
Plan 994) to a point;
4. 135° 10' 683.30 feet along the Northeasterly side of Kaloko
Drive to the point of beginning and
containing an azea of 21.961 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.
C. 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 applicants shall reserve the 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 60-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 30-foot "forest reserve easement" along all lot lines not covered by the
60-foot easement; and
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3. a 60-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
existing roads 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 fifty percent (50%) of the entire lot area shall be retained in forest. A copy
of the proposed 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. 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. Restrictive covenant(s) in the deeds of all the proposed agricultural 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 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
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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 review
and approval by the Department of Public Works, prior to 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.
H. An archaeological study/survey of the subject properly shall be prepared and
submitted and after 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.
Should significant historical sites be found within the subject property which
merit preservation or the implementation of mitigative measures, the applicants
shall prepare and submit an archaeological preservation mitigation plan for
review and approval by the Planning Director, in consultation with the
DLNR-HPD, prior to the issuance of Final Subdivision Approval or any land
alteration activity, whichever occurs first.
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
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notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it fords 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 developer shall prepare a Solid Waste Management Plan for the
development meeting with the approval of the Department of Public Works.
L. The applicant shall make its fair shaze contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. 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 due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of fair share
contribution due and payable prior to fmal subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. 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, provided that the fair share
contribution to address the potential road impacts sltall 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 single-family residential unit. Based upon the applicant's
representation of intent to develop up to five (5) residential units, the indicated
total of fair shaze contribution is $36,195.80 for single-family residential units.
However, the total amount shall be increased or reduced in proportion with the
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actual number of units according to the calculation and payment provisions set
forth in this Condition L. The fair share contribution shall be allocated as
follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$17,454.25 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residentiai unit for an indicated total of
$842.00 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total of
$1,663.05 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$728.10 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$15,508.40 to the State or County to support road and traffice
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
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 L, 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 review and approval of the director, upon consultation with the
appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its
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information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements.
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. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
O. 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.
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).
P. Should any of the conditions not be met or substantially complied with in a
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timely fashion, the Director may initiate rezoning of the subject property to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: /J
~ C,E'cc G-~' ~~C J
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: [JOVember 18, 1998
Date of 1st Reading: [VCn'enber 18, 1998
Date of 2nd Reading: March 4 , 1999
Effective Date: March 15, 1999
APPR/OVED AS TO FORM AND LEGALITY
' 1 _
G'~l,~t~c-.~
DEPUTY CORPORATION COUNSEL
DATED: ~I f0I X19
-g-
- TRUE NORTH
Scale: 1" = 1,000'
A-TO• A-7•
A-10a
A-TO. AGRICULTURAL (A-20a)
TO
A-lo. FAMILY AGRICULTURAL
Ka l o k o (FA-3o)
A-zo. A-TO• AREA: 21.961 ACRES
A-TO•
A-lo. A-zo. A-TO•
K A L O K O A- 5•
D R I V E
Mauka
A-20•
A • A •
A-9•
A TO•
~o~
~a°
A-5• A-S• ~
~o° 5 dlvlslon
N'4 0 A-Da 10
3 T ~ A-20•
RFFT
A-ZO• A- • A-9•
A-
A-9•
12,860.69 5
1,841.76 W
"MOANUTAHEA"
A-TO• - •
A- •
fA-5a A-9a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY :PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-25:15 SEPT. 28 1998
(JAMES W. CAROIN / SANDRA L LARDIN)
EXHIBIT "A"
OFFICE OF THE COUNTY CLERK
Cotmty of Hawaii
Hilo , Hawaii
(DRAFT 2)
ROLL CALL VOTE
.AYES NOES ABS EX
Introduced By: Bobbv Jean Leithead-Todd Arakaki x
Date Introduced: November 18, 1998 Chung x
First Reading: November 18, 1998 Elazior{off X
Published: November 30, 1998 Jacobson X
Leithead-Todd x
REMARKS.• Pisicchio x
Smith x
Tyler x
Yagong x
8 0 1 0
(DRAFT 2)
Second Reading: March 9, 1999 ROLL CALL VOTE
To Mayor: March & 1999 AYES NOES ABS EX
Returned: March 15, 1999 Arakaki x
Effective: March 15, 1999 Chung x
Published: March 24, 1999 Elarionoff x
Jacobson x
REMARKS: Deferred - 12/23/98 Leithead-Todd x
Pisicchio x
Smith x
Tyler x
Yagong x
8 0 1 0
I DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO,
Fnv1/~,'' Af~D LE TY:
/~CG~ OUNGL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date ~~~~~9~
~ COUNTY CLERK
Approved/Brswy~eredthis day
or
/~u,~~, , t9 ~ 9
~ A % BiIINo.: 330 (Draft 2)
tVIAYO~OUN~,'Ur~O^F^H~A,(W~A,/JI Reference: C-109[/PC-162
ord. No.: 99 3~