HomeMy WebLinkAboutORD 1999-060 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 292
ORDINANCE NO. 99 60
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH 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 7-3-26:9.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, 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-l0a):
Beginning at the Southwesterly corner of this pazcel of land, being also the
Northwesterly corner of Lot 2, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File
Plan 1010) and being a point on the Easterly side of Kaloko Drive, the coordinates of said
point of beginning referred to Government Survey Triangulation Station
"MOANUTAHEA" being 9,372.52 feet South and 1,160.62 feet East and running by
azimuths measured clockwise from True South:
1. 183° 00' 580.00 feet along the Easterly side of Kaloko Drive
to a point;
Thence, following along the Southerly side of Kaloko Drive on a curve to the
right with a radius of 460.00 feet, the chord
azimuth and distance being:
2. 253° OS' 864.97 feet to a point;
3. 323° 10' 580.00 feet along the Southwesterly side of Kaloko
Drive to a point;
4. 53° 10' 670.15 feet along Lot 3, Block 7 of Kaloko Mauka
Subdivision, Increment 2 (File Plan 1010)
and along the remainder of Royal
Patent 8214, Land Commission
Awazd 7715, Apana 11 to Lota
Kamehameha to a point;
5. 93° 00' 670.15 feet along Lot 2, Block 7 of Kaloko Mauka
Subdivision, Increment 2 (File Plan 1010)
and along the remainder of Royal
Patent 8214, Land Commission
Awazd 7715, Apana 11 to Lota
Kamehameha to the point of beginning and
containing an azea of 20.990 Acres.
All as shown on the map attached hereto, mazked 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) yeazs from the effective date
of this ordinance. The applicants shall reserve the following easements and
special setbacks in perpetuity for purposes of protecting and rnaintaining
naturally forested areas and delineate such easements and setbacks on plans
submitted for subdivision review:
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1. a 100-foot wide "forest reserve easement" along the existing public
sweet 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°l0) 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 Drrector 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 approval 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 Drrector 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
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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
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
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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) yeazs and its termination may
be considered after the 50-yeaz 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 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 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
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.
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I. An archaeological study/survey of the subject property shall be prepared and
submitted for review and approval to the Planning Director, in consultation with
the Depaztment 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.
J. 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.
K. 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.
L. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, pazk, fire, police and solid waste
disposal facilities. The fair shaze 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
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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
shaze 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 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 may be adjusted annually beginning three yeazs 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
pazk, fire, police and solid waste disposal facilities with the approval of the
appropriate agency(ies).
M. Comply with all applicable laws, rules, regulations and requirements of the
affected agencies for approval of the development within the subject property.
N. 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 towazds the requirements of the Unified Impact Fee
Ordinance.
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:
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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 yeaz).
P. 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.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
c~~
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 21, 1999
Date of 1st Reading: April 21, 1999
Date of 2nd Reading: May 5 , 1999
Effective Date: May 13, 1999
REFERENCE: Comm. 977
APPROVED AS TO E(JIapl~iCfl'tEC}ALITY
CORPORATION COUNSEL
DATED: ~ //~9~
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A-10• A-20a
_ - TRUE NORTH ~~rt
Scale : 1 = 1,000'
P
A-20a
A-20a A-20a
AGRICULTURAL (A-20a)
TO
AGRICULTURAL (A-10a)
AREA 20.990 ACRES o~`~
ryq~E A- Oa
Mq
STREET OHO
P~
A-IOa
A-7a
A-20a
A-20•
S•
5
a~ O
't'P 9,372.52 S `t'P A- a A-5a
~P 1,160.62 E
"MOANUTAH EA" ® A-IOa
To Mamalahoo Hi hwa
A-ZOa
A-20a A-
A-20a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8,
CLASSIF CATIONZ FRIOM AGR CU L ORAL (AA201a) TO AGRICULTURAL (AANOa)GATHKALOKO ICT
NORTH KONA, HAWAII.
PREPARED BY :PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-26:9 JULY 30, 1998
(Michael Y Gale A. Sansone)
EXHIBIT A" (Rnoar ona s~soo P ea.a.as)
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii ,Q~. ~ t} wl1 9 ZE
lU;~
ROLL CALL VOTE
AYES NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd (B/R) Arakaki X
Date Introduced: April 21, 1999 Chung X
First Reading: April 21, 1999 Elarionoff X
Published: April 30, 1999 Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
Tyler X '
Yagong X
9 0 0 0
Second Reading: MaV 5, 1999 ROLL CALL VOTE
To Mayor: May 10, 1999 AYES NOES ABS EX
Returned: May 14, 1999 Arakaki X
Effective: May 13, 1999 Chung X
Published: MaV 26, 1999 (PITH & WHT) Elarionoff X
Jtute 1, 1999 (RFD Publications) Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
6 0 1 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO~M/~ND LE ~ITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII C NCIL CHAIRMAN
Date S/i1199
COUNTYC ERK
Approved/Bisilp)nt9ved this dqy
of ~ 19~_.
l~J~GXDQ~^~ Bill No.: 292
'O , COU~~7I'OFHf1WAll Reference: C-977/PC-15
Ord. No.: 99 6~