HomeMy WebLinkAboutORD 1998-091 1996-1998not .4he ...
COUNTY OF HAWAQI. ` �` STATE OF HAWAII
x� BILL NO. 270
(Draft 4)
ORDINANCE NO. .98 91 -
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 AGRICULTURAL (A -5a) AT KALOKO, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-25:12.
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 hereinafter as
follows:
The district classification of the following area situated at Kaloko, North Kona,
Hawaii, shall be Agricultural (A -5a):
Beginning at the West corner of this parcel of land, situated on the Northeasterly
side of Kaloko Drive, the coordinates of said point of beginning, referred to Government
Survey Triangulation Station "Moanuiahea" being 14,314.38 feet South and 396.49 feet
West and thence running by azimuths measured clockwise from True South:
1. 2250
10'
1,400.00
2. 3150
10'
373.13
feet along Lot 1 of Block 4, Kaloko Mauka
Subdivision, Increment 1 (File Plan 994);
feet along Lot 8 of Block 4, Kaloko Mauka
Subdivision, Increment 1 (File Plan 994);
3. 30 00' 400.62 feet along the Westerly side of Kaloko
'Drive;
4. Thence along the Northwesterly side of Kaloko Drive, on a curve to the right with
a radius of 660.00 feet, the chord azimuth
and distance being:
690 05' ' 1,206.66 feet;
5. 1350 10' 152.88 feet along the Northeasterly side of Kaloko
Drive, to the point of beginning and
containing an area of 21.353 Acres, more or
less.
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. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. 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 sight easements required
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0, 0
by the Department of Public Works 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
60 -foot easement; and
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.
E. 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 D. The restrictive covenant(s) shall also specify that, including the
area comprising the forest reserve easements described in Condition D, no less
than sixty-seven percent (67%) 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
approved covenant(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances
approval prior to the issuance of Final Subdivision Approval.
F. 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.
Qct
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 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:
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
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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
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.
I. A drainage study of the subject property, 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.
J. 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 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
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•
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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.
K. 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.
L. 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.
M. The applicant shall make its fair share 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 the fair share
contribution due and payable prior to final 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,
IRI
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 shall 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 four (4) residential units, the indicated
total of fair share contribution is $28,956.64 for single-family residential units.
However, the total amount shall be increased or reduced in proportion with the
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:
$3,490.85 per single-family residential unit for an indicated total of
$13,963.40 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$673.60 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total
of $1,330.44 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$582.48 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$12,406.72 to the State or County to support road and traffic
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
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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
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements
N. Comply with all applicable laws, rules, regulations and requirements of the
affected agencies for approval of the development within the subject property.
O. 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.
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.
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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).
Q. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C CIL MEM ER, COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction:
August
5, 1998
Date of 1st Reading:
August
5, 1998
Date of 2nd Reading:
August
19, 1998
Effective Date:
August
27, 1998
APPROVED AS TO F RM AND LEGALITY
CORPORATION COUNSEL
DATED: &ZS(QS�
In
A -20a
Kaloko
KALOKO
A -20a
A - 5 a
A -20a
� �go, TRUE NORTH
Scale: 1' = 1,000'
A -10a A -9a
AGRICULTURAL (A -20a)
A -20s TO
AGRICULTURAL (A -5a)
AREA: 21.353 ACRES
Oa \
A -10a
Oa
y�4 p A -'5a
S rR
77\\ F F t
A - !Va
A -20a
Mauka
c5a
A -5a
DRIVE
14,314.38 S
396.49 W
"MOANUTAHEA'
A -20a
A-3
5ubd�vision
A -20a
A-
A -3a
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 AGRICULTURAL (A -5a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK . 7-3-25:12 JUNE 23, 1998
EXHIBIT "A" (STAR MARKETS LTD LOT 9)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii -
Introduced By: Bobby Jean Leithead-Todd
Date Introduced: August 5, 1998
First Reading: August 5 . 1998
Published: August 14, 1998
REMARKS:
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
August
August
August
August
September
19, 1998
24, 1998
27, 1998
27, 1998
4, 1998
;AYES -•IVOESI ABS EX
Arakaki
x
Chung
X
Leithead-Todd
X
Ray
X
Reynolds
X
Santangelo
X
Smith
X
Tyler
X
Yagong
X
X
- 7 5-7
/ TIPAT" f4'1 r: i ; r,
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVE -D AS TC)
2 �y
bEPUTY CORPORAPON COUNSEL
C(.)UN'iY OF HAWAII
Date / Q(91"
Approved/Di wppmved this 2 1 day COU CIL CHAIRMAN
Of- { 19 �. �Ila
COUNTY CLERK
G
J'ORV,COUN�tOF HAWAII
Bill No.: 270 (Draft 4
Reference: C-910.02/PC-134
Ord. No.: 98 91
_,-ROLL CALL --VOTE
;AYES -•IVOESI ABS EX
Arakaki
x
Chung
X
Leithead-Todd
X
Ray
X
Reynolds
X
Santangelo
X
Smith
X
Tyler
X
Yagong
X
X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVE -D AS TC)
2 �y
bEPUTY CORPORAPON COUNSEL
C(.)UN'iY OF HAWAII
Date / Q(91"
Approved/Di wppmved this 2 1 day COU CIL CHAIRMAN
Of- { 19 �. �Ila
COUNTY CLERK
G
J'ORV,COUN�tOF HAWAII
Bill No.: 270 (Draft 4
Reference: C-910.02/PC-134
Ord. No.: 98 91
ROLL CALL VOTE
AYES NOES
ABS EX
Arakaki
x
Chung
x
Leithead-Todd
X
Ray
x "
Reynolds
X
Santangelo
X
Smith
X
Tyler
X
Yagong
X
7 0
2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVE -D AS TC)
2 �y
bEPUTY CORPORAPON COUNSEL
C(.)UN'iY OF HAWAII
Date / Q(91"
Approved/Di wppmved this 2 1 day COU CIL CHAIRMAN
Of- { 19 �. �Ila
COUNTY CLERK
G
J'ORV,COUN�tOF HAWAII
Bill No.: 270 (Draft 4
Reference: C-910.02/PC-134
Ord. No.: 98 91