HomeMy WebLinkAboutBIL 153 Draft 01 2018-2020 V of
COUNTY OF HAWAII STATE OF HAWAII
ATF 60;r
BILL NO. 153
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICTS
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL—TWENTY ACRES (A-20a)TO AGRICULTURAL—FIVE
ACRES (A-5a)AT KALOKO,NORTH KONA DISTRICT, HAWAII, COVERED BY TAX
MAP KEY: 7-3-025:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning) 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
District, Hawaii, shall be Agricultural-5 acres (A-5a):
Beginning at the Southeasterly comer of this parcel of land,being also the
Northeasterly comer of Lot 5 of Block 5 of Kaloko Mauka Subdivision, Increment I
(File Plan 994) and being a point on the Westerly side of Kaloko Drive, the coordinates of
said point of beginning referred to Goverm-nent Survey Triangulation Station
"MOANUIAHEA"being 11,020.25 feet South and 994.18 feet East 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 Award 7715,Apana 11 to Lota Kamehameha:
1. 135' 10' 1,963.64 feet along Lot 5 of Block 5 of
Kaloko Mauka Subdivision,
Increment I (File Plan 994) to a
point;
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2. 183' 00' 637.38 feet along Lot 4-D of Block 5 of
Kaloko Mauka Subdivision,
Increment I to a point;
3. 315* 10' 1,963.64 feet along Lot 7 of Block 5 of
Kaloko Mauka Subdivision,
Increment I (File Plan 994)to a
point;
4. 3' 00' 637.38 feet along the Westerly side of
Kaloko Drive to the point of
beginning and containing an area of
21.296 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, Hawai'i 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.
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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 applicants shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy"within one hundred and eighty(180) days from the effective
date of this change of zone ordinance. The applicant is responsible for
maintaining valid water commitments to support the proposed use until such time
that required water facilities charges are paid in full.
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 applicant 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 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 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 existing property's public street frontage to provide an additional
buffer.
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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
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
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 applicant 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
forest management plan shall require the following:
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I 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).
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
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
applicant 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. Access to Kaloko Drive shall be limited to one(1) combined driveway access for
all proposed lots. The combined access driveway, including the provision of
adequate sight distances, shall comply with Chapter 22 (County Streets) of the
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Hawaii County Code and shall meet with the approval of the Department of
Public Works. A"no vehicular access planting screen"easement shall be included
along the Kaloko Drive frontage, except for the one combined access, and
delineated on the preliminary and final subdivision plat.
I. All earthwork and grading shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
J. All development generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.
K. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces, platforms,
etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes
are identified during the development and/or construction work, the applicant will
cease work in the immediate vicinity of the find,protect the find from additional
disturbance, and contact the State Historic Preservation Division at(808)
933-7651.
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval. The fair share contribution shall be based on the actual number of
additional lots created. The fair share contribution to address the potential road
impacts shall be in the form of cash and/or in-kind services approved by the
County Council and shall be applied to improving the Kaloko Drive/Mdmalahoa
Highway intersection. Based upon the applicant's representation of intent to
subdivide and develop up to three (3) additional lots, the fair share contribution is
$14,596.67 per additional lot, for a combined total of$43,790.01. The fair share
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contribution shall be adjusted annually by the Hawaii County Planning
Department, beginning three(3) years after the effective date of this ordinance,
based on the percentage change in the Honolulu Consumer Price Index (HCPI).
Upon approval of the fair share contribution, the Planning Director shall submit a
final report to the County Council for its information that identifies the specific
approved fair share 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 Fee
Ordinance.
N. The applicant shall comply with all applicable County, State and Federal laws,
rules, requirements and regulations.
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-perfonnance 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.
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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).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY &HAWAII
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
840
REFERENCE Comm. -8-
L AGRICULTURAL-5 AC (A-
E ( A-a)TO
ES( 5a)
21.296 ACRES
AGRICULTURAL-20 ACR
A-10a
A-20a A-10a
A-10a
n
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A-20a
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A-20a
A-5a A-5a P'
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A-5a
A-5a ,
A-3a a
A-5a A-20a �
A-5a A-5a O
A-20a
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Y
11,020.25'5
A-5a A-5a 994JV E
"WOANUTAHEA"
A-5a
A-3a A-5a A-20a
A-5a
A-3a A-5a
-l0a
Feet
0 750 1,500 2,250 3,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -TWENTY ACRES (A-20a) TO
AGRICULTURAL- FIVE ACRES (A-5a)
AT KALOKO, NORTH KONA, HAWAII
MAP PREPARED BY:
TMK:(3)7-3-025:002 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:February 27,2020
EXHIBIT"A" Jean K.Campbell Trust and Jeffrey S.Clapp Trust
Map: 1410