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Home My WebLink AboutORD 2019-004 2018-2020Y of it n \04. COUNTY OF HAWAII i �* ATE OF•N�'� ORDINANCE NO. S9 4 STATE OF HAWAII BILL NO. 205 AN ORDINANCE AMENDING ORDINANCE NO. 05 66, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — TWENTY ACRES (A -20a) TO AGRICULTURAL — TEN ACRES (A- I Oa) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-027:007. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 05 66 is amended as follows: "SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983(2016 Edition as amended), 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, Hawai `i, shall be Agricultural — 10 acres (A- l Oa): Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 5 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 10 10) 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 10,814.23 feet South and 6,160.12 feet East and running by azimuths measured clockwise from True South: 1. 50 10' 11000.00 feet along the Westerly 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. 950 10' 690.32 feet along Lot 1 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 10 10) to a point; 3. 1640 10' 11071.15 feet along Lot 2 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 10 10) to a point; 4. 2750 10' 11074.18 feet along Lot 5 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 10 10) to the point of beginning and containing an area of 20.254 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 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, Hawai `i Revised Statutes, relating to pennissible uses within the State Land Use Agricultural District. -2- C. The applicants shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this amended change of zone. 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 amended ordinance. The applicants shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. [a] A 100 -foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point permitted by the Department of Public Works; 2. [a] A 30 -foot "forest reserve easement" along all lot lines not covered by the 100 -foot easement; and 3. [a] A 100 -foot wide structural setback in lieu of the required 30 -foot setback along the existing property's public street frontage to provide an additional buffer. E. 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 D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, 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 -3- 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 covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. 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 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 (i.e. Forest Stewardship Program). M 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawai `i Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded 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. H. 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. -5- [Should any m s of hist C�S� IsLi%elh as fee I_'Tter-faees, velnt fi)ft^vlS7 Ohell e0fieentr-attens of human bur -..L.11., "%. 7 Histerie Frac r -y ri Diyilsiffll (D ATR LTUTI\ csIhryl be imme ia+a,Lv nn4t _acL PrFaeee u on ars afehaealaaii.nl P-1anfanee ffe the v uvJ rr�CiiV DLNR HPD when it finds that suffieient 4F.A.Aiaative meastifes have been taken.] In the unlikely event that any surface or subsurface historic properties and/or resources, such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities, the applicants shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and immediately contact the State Historic Preservation Division (DLNR-SHPD)at (808) 933-7651 for further guidance. The applicants shall also notify the Planning Department immediately after contacting the DLNR-SHPD. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. J. The applicants shall prepare a Solid Waste Management Plan for the development meeting with the approval of the Department of Environmental Management. K. [T LJLX,%Q� Lappheant shall make its faif shafe eentfibution to mi ti ba"a 'He, tLJL H%., F %-, L%"L I uL "'L in P l�„�A-1 epzL�t�e-h� g�1ir'i'P-Af!S aftef! the effeetive date of this �ui��Ti T Tpen f the fair- share eentr-ibu roc•, the Difee submit 1.of shah n > as > ients.]The applicants shall consult with the State Historic Preservation Division prior to the submittal of a hermit for anv around disturbing activities related to the subdivision. L. 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. M. The applicants shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. .. MILWA A' -7- shafe eentfibutiOlml. follows. A Is !WQ 9 472. The fair- share eontfibution shall be alloeate > 72 dieated > -472 to the State of County to P l�„�A-1 epzL�t�e-h� g�1ir'i'P-Af!S aftef! the effeetive date of this �ui��Ti T Tpen f the fair- share eentr-ibu roc•, the Difee submit 1.of shah n > as > ients.]The applicants shall consult with the State Historic Preservation Division prior to the submittal of a hermit for anv around disturbing activities related to the subdivision. L. 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. M. The applicants shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. .. MILWA A' -7- ■\�i��i'�ia�i�!sisi��J Li'Swe"s MWAM i�!�i�ii�\�!s�i��unris�R��nr VAnMWA • :'■A}t•��\��9i�!@=won 1�\�L�iil�l l�rl�lil��Itii\�li�tl i•Jil��/�il�l= •tom �Jil��1 yew be.-tax..ten6f tip to one addit 0f L1 iZ®a-A]If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the Planning Commission and the Hawaii County Council for appropriate action. 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 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. I R6 SECTION 4. This ordinance shall take effect upon its approval. Hilo . Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1153 December 19, 2018 December 19, 2018 January 9,:2019 January 25, 2019 INTRODUCED BY: , h �� e"��lR COUNCIL MEMBER, COUN OF HAWAII w 1 N A -20a a A -20a -20a W !: A 40a lok f A -20a A- 10a _ A -20a �co A -10a \ A -10a A -20a A -20a A-20a� A -20a A -20a A -20a A -20a A -20a 'AI t wi N sf A 20 ok �,. �..�1 q JiDa �� / 10,914,23 -S- A -5o 0,814.23 -SA -3a r' A-203 6,160.12 F "MOANUTAHEA"j, a 20a s A -20a A40a A-20aA-20a Af5a o A-74 ' :12_ O A 2Ra AGRICULTURAL (A -20a) A -20a � A -20a TO AGRICULTURAL (A -10a) 20.254 Acs. A -20a ` A -20a A-' A-sa L A -3a A=gOa } 60p 8pp p IR.DVU fo,quu atu eel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH & 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-1 aa) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 7-3-027007 Date: December 17, 2004 EXHIBIT "A" rtedo"% rm% r-% r— r— r— ro% r— w 1 n r— Ow% w I I % i (BRUCE B. EASLEY'1158) r v rl r-1 C r- C r1 C iN1U C U INI L Y OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Karen Eoff (B/R) Date Introduced: December 19, 2018 First Reading: December 19, 2018 Published: December 29, 2 018 REMARKS. - Second Reading: January 9, 2019 To Mayor: January 17, 2019 Returned: January 25, 2019 Effective: January 25, 2019 Published: February 9, 2019 REMARKS: COUNTY CLERK COUNTY OF HAW -All fl 2 5 P11 2,15 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Groved isapproved this E�of '20 e10&I �O F HA WAI `I COUNCIL CHAIRPE N day Y CLERK 205 Bill No.: Reference: C-1153/PC-77 Ord No.: 19