HomeMy WebLinkAboutBIL 245 Draft 02 1994-1996ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT
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 -10a) AT KALOKO, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-26:12.
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 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 Northernmost corner of this parcel of land, being also the
Easternmost corner of Lot 5 of Block 7 of Kaloko Mauka Subdivision, Increment 2 (File
Plan 10 10) and being a point on the Southwesterly side of Kaloko Drive, the coordinates
of said point of beginning referred to Government Survey Triangulation Station
"MOANUTAHEA" being 10,548.34 feet South and 3,521.57 feet East and running by
azimuths measured clockwise from True South:
1. 3230 10' 900.00 feet along the Southwesterly side of Kaloko
Drive to a point;
Thence, for the next three (3) courses following along the remainder of Royal
Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha:
2. 530 10' 957.35 feet along Lot 9 of Block 7 of Kaloko
Mauka Subdivision, Increment 2 (File Plan
10 10) to a point;
3. 1400 00' 901.38 feet along Lots 8 and 6 of Block 7 of Kaloko
Mauka Subdivision, Increment 2 (File Plan
10 10) to a point;
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4. 2330 10' 107.14 feet along Lot 5 of Block 7 of Kaloko
Mauka Subdivision, Increment 2 (File Plan
10 10) to the point of beginning and
containing an area of 20.294 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] 100 -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 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
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 %)] seventy-five percent (75 % of the entire lot area shall
be retained in forest. 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 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
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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. 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 property shall be prepared and
approved by 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. The
scope of work for the archaeological study shall be determined by the
DLNR-HPD. 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 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 notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
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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 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 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 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) . ]
The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation fire,
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police solid waste disposal facilities and roads. 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
additional proposed residential lots in each such increment. The fair share
contribution may be 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 only 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 lot Based upon the applicant's representation
of intent to subdivide and develop up to two residential lots, the indicated total
fair share contribution is $14,478,32, which applies to the additional desity
created, however, the total amount shall be increased or reduced in proportion
with the actual number of subdivided lots 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 lot for an indicated total of $6,981.70 to the County to
support park and recreational improvements and facilities;
2. $168.40 per lot, for an indicated total of $336.80 to the County to
support police facilities;
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3. $332.61 per lot for an indicated total of $665.22 to the County to
support fire facilities i
4 $145.62 per lot for an indicated total of $291.24 to the County to
support solid waste facilities;
5.
$3,101.68 per lot, for an indicated total of $6.203.36 to the State or
Count to o 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
percentages 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 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 the review and approval of the director, upon consultation
with the appropriate agencies;
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 Fee
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:
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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 year).
O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area 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:
COUNCIL ME BER, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
%EFERF.NCE: Comm. 10 8 7.01
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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AGRICULTURAL (A -20a)
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AGRICULTURAL (A -10a) o
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AREA: 20.294 ACRES A -20a o
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AMENDMENT TO THE ZONING CODE I
AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT 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 -10a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 7-3-26:12 FEBRUARY 14, 1996
XHIBIT "A"
(MOODY)
11
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Mauka
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10,548.34 S
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3,521.57 E
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20a
A -20a
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A -20a 1
AMENDMENT TO THE ZONING CODE I
AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT 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 -10a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 7-3-26:12 FEBRUARY 14, 1996
XHIBIT "A"
(MOODY)