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SILL NO. 2 z 4
OIZDINANC~ NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-3a) AND OPEN TO PROJECT DISTRICT (PD) AT KAU, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-2-5:1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following areas situated at Kau, North Kona,
Hawaii, shall be Project District (PD):
PARCEL "A":
Beginning at the northwest corner of this parcel, being also along the east side of
Queen Kaahumanu Highway (Project No.: 19 BC-O1-71), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPUU", being
9,071.21 feet North and 23,751.69 feet West and thence running by azimuths measured
clockwise from true South:
1. 291 ° 46' 30" 5726.03 feet along the Kukio-Ooma Government
Tracts;
2. 17° 56' 2314.09 feet;
3. 115° 03' 36" 5449.47 feet along the Government Lands of
Makaula;
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4. 189° 19' S5" 2044.65 feet along the east side of Queen
Kaahumanu Highway (Project No.: 19 BC-
O I -71) to the point of beginning and
containing an area of 274.861 Acres.
PARCEL "B":
Beginning at the northwest corner of this parcel, being also along the south side of
Kukio-Ooma Government Tracts, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAHIPW", being 6,947.06 feet North and
18,434.23 feet West and thence running by azimuths measured clockwise from true
South:
1. 291 ° 46' 30" 784.96 feet along the Kukio-Ooma Government
Tracts;
2. 280° 28' 22" 2806.44 feet along the Kukio-Ooma Government
Tracts;
3. 290° SS 24" 3323.43 feet along the Kukio-Ooma Government
Tracts;
4. 17° 14' 2844.54 feet along Lots 36, 37, 38, 44, 15, 14, 13, 12,
11, 10 and 9 of Makauai Estates -Phase 2
(File Plan 2294);
5. 100° 15' 30" 1838.50 feet along the Government Lands of
Makaula;
6. 115° 03' 36" 5137.19 feet along the Government Lands of
Makaula;
7. 197° 56' 2314.09 feet to the point of beginning and containing
an area of 450.343 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 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
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(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 applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A03-744) dated May 19, 2005.
C. The applicant shall comply with the conditions as set forth in the Water
Agreement between K-W Kau, LLC and the Water Commission of the County of
Hawaii dated June 15, 1999.
D. The project shall consist of a maximum of 725.2 acres for single-family and
multi-family residential, commercial uses, hotel, 18-hole golf course, dry forest
preserve, archaeological and cave preserve areas, active and passive parks, a trail
system and supporting infrastructure.
E. The maximum number of residential units allowed shall be 1,116 units, including
the on-site affordable housing units.
F. The maximum number of hotel rooms shall be 120.
G. Commercial spaces for medical, office, retail, classrooms and health related uses
and hotel shall be limited to 102 acres.
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H. Active and passive parks (Open, Park and Preservation) shall be developed on a
minimum of 177.$ acres. A "Constraints Area" which includes the approximately
55-acre dry forest preserve, archaeological sites/cave and park areas, shall be set
aside in the project area.
I. The uses allowed in the Project District shall be all permitted uses allowed by
right in the RS, RM, CN and CV zoned districts, and a golf course and related
facilities. Uses allowed by Use Permit in the CV district maybe allowed.
J. A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, hotel, commercial uses, parking, golf course,
open space and recreational areas and other related improvements on the property,
shall be submitted to the Planning Director within two (2) years from the effective
date of the Project District Ordinance or prior to submission of plans for plan
approval or subdivision approval, whichever occurs first.
K. Substantial construction of the proposed development shall cammence within five
(5) years from the effective date of the Project District Ordinance. "Substantial
construction" means the actual start of construction of project infrastructure under
a bona fide contract of not less than ten million dollars ($10,000,000.00). Prior to
construction, the applicant, successors or assigns shall secure Final Plan Approval
for the proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code Plans shall
identify proposed structures, fire protection measures, paved accesses and parking
stall, and other improvements associated with the proposed uses.
L. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
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2. The height limit for structures within the project area shall not exceed the
following:
a. Single-family residential development: 35 feet
b. Multiple-family residential and hotel developments; 45 feet
c. Office and retail commercial development: 40 feet.
3. The minimum off-street parking and loading space requirements of
Chapter 25, Hawaii County Code shall be complied with, including
compliance with the American Disabilities Act (ADA) requirements.
M. The variances from Chapters 23 (Subdivision) and 25 {Zoning), Hawaii County
Code, as presented in Planning Department Exhibit 2 (Applicant's November 21,
2005 letter with attached Tables pages 1 to 6 related to Variance Requested from
Sections in Subdivision and Zoning Codes, and Applicant's Figure 2 -Conceptual
Character of Town Center/Residential Village Center, Figure 3a -Residential
Village Center Alternative: 4,000 SF Lot, Figure 36 -Residential Village Center
Alternatives: 6,000 SF Lot, Figure 4a -Conceptual Plan: Roadway Concepts -
Dedicable, Figure 4b -Conceptual Plan: Roadway Concepts - Nondedicable, and
Figure 5 -Residential Village Center Alternatives: Zone Lot Line Concepts) shall
be allowed under the Project District. The applicant shall submit detailed plans to
the Planning Director showing street designs and cross-sections, and adjacent
building designs, with the Master Plan. The Planning Director may require
modifications to the street sections to provide sufficient on-street parking where
the plans do not provide adequate off-street parking (such as the 4,000-square foot
lots with cone-car garage and insufficient setbacks to allow parking in
driveways}, and may require further changes necessary for public safety and
convenience. All roads built with the variances allowed under this condition will
be non-dedicable. With regard to the requested zero line building setbacks, the
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applicant shall conform to the current Hawaii County Building Code
requirements. As part of the Master Plan, the applicant shall submit plans for
pedestrian movement through the project district, which shall identify areas where
sidewalks will be included to permit safe pedestrian access to the Town Center
and other important points in the development.
N. To ensure that the project is developed according to its stated goal of creating a
mixed use residential community, the project must include residential
development. The project shall have at least one residential unit for every 600
square feet of nonresidential development (under roof). Space used by the
University shall not be included in the calculation of nonresidential space. There
is no minimum requirement for the nonresidential development.
O. The permitted hotel, designated as the "University Inn and Conference Center,"
shall function as a business hotel and in conjunction with University operations.
It shall not be operated under atime-share plan or other arrangement that provides
for shared ownership of individual units on the basis of time intervals, or club
membership allowing periodic use.
P. Occupancy of the hotel shall not be granted until the construction of the Queen
Kaahumanu Highway, Phase II widening improvements to four lanes from
Kealakehe Parkway to the Kona International Airport at Keahole has been secured
by the state entering into a construction contract for the improvements, or by the
University commencing operations on the Palamanui property or adjacent state
property, whichever occurs first.
Q. No retail commercial structures maybe located closer than 1,500 feet from the
Queen Kaahumanu Highway right-of--way.
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R. To ensure that the commercial development corresponds with the applicant's
representations regarding neighborhood-scale commercial development, no single
retail establishment shall have more than 45,000 square feet of developed area
under roof.
S. Total retail space shall not exceed 65,000 square feet under roof until the
construction of the Queen Kaahumanu Highway, Phase II widening improvements
to four lanes from Kealakehe Parkway to the Kona International Airport at
Keahole has been secured by the state entering into a construction contract for the
improvements. The square footage of improvements leased to the University of
Hawaii shall not count against this limit.
T. The golf course shall be developed on a maximum of 180 acres. As represented,
the applicant shall register its course with Audubon International and use its best
efforts to obtain and keep Audubon International certification at the "Silver" level
for the golfcourse development. The applicant shall prepare an integrated golf
course management plan ("IGCMP") for the review and approval of the Planning
Director. The IGCMP shall address the design, construction, maintenance, and
operation of the golf course. The design, construction, maintenance, and
operation of the golf course shall be in compliance with the IGCMP. The IGCMP
shall contain specific best management practices (BMPs) for the golf course.
The goal of the IGCMP will be to: 1) minimize the off-site transport of nutrients,
sediments, herbicides, and pesticides; 2) minimize the use of fertilizers,
herbicides, and pesticides through integrated pest management, fertility testing,
and proper course design; 3) implement surface and groundwater conservation;
and 4) operate safely considering the public usage in the vicinity.
The IGCMP shall contain, at the minimum, the following requirements:
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1. Operator shall develop and implement an integrated pest
management plan with the intent of minimizing use of herbicides
and pesticides. The operator shall use the least toxic chemical
control at the lowest effective dosage, and shall use spot
application wherever feasible. The integrated pest management
plan shall be reviewed by an IPM certified specialist.
2. A qualified golf course superintendent shall control the fertilization
and use of agricultural chemicals.
3. All fertilizers, pesticides, and herbicides shall be stored in a
covered maintenance area designed to contain any spill with
structural barriers.
4. Equipment wash azea shall be set up so that oil and grease can be
removed before it enters the storm drainage system.
U. The applicant shall set aside a "Constraints Area" including the approximately 55-
acre dry forest preserve, archaeological sites/cave and pazk azeas on the project
site.
V. The applicant shall develop active park sites with a ratio of five acres per 300
residential units, up to a maximum requirement of 15 acres. A developed active
park site or sites of not less than five acres shall be developed prior to the
occupancy of the first residential unit on the property, and the further increments
shall be developed prior to the occupancy of the 301" and 601x` residential units
on the property. Each park shall be developed with an active play field, such as a
soccer or baseball field, restrooms, and parking area, with the specific
requirements to be determined in consultation with the Department of Parks and
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Recreation. The parks shall be constructed to be dedicated to the county, and the
county shall accept dedication.
W. There shall be an 800-foot setback from the Queen Kaahumanu Highway. No
structures, other than those allowed under Condition No. 7 of the Land Use
Commission's Decision and Order, shall be allowed within the 800-foot setback
area. A copy of the metes and bounds description for this open space area, and
proposed covenant(s) shall be submitted to the Planning Director for review and
approval prior to receipt of Final Plan Approval or land alteration activities,
whichever occurs first. The approved covenant(s) shall be recorded in the Bureau
of Conveyances prior to the issuance of Final Plan Approval, or land alteration
activities, whichever occurs first. A copy of the recorded covenant(s) shall be
provided to the Planning Department.
X. All project utilities shall be underground.
Y. The applicant shall construct the following roads to access other properties and
the regional road system:
1. Main project access road from the Queen Kaahumanu Highway to the
eastern boundary of the project. (Road "1" on attached map Exhibit "B"):
The main project access road shall intersect with the Queen Kaahumanu
Highway at a location approved by the State Department of
Transportation, and shall connect with Makalei Drive at the eastern
(mauka) end. The road shall be constructed on an 88-foot wide right-of-
way, as a two-lane road, to county-dedicable standards as a collector road,
except that design standards shall be varied to permit the connection with
Makalei Drive without encroaching into the Lowland Dry Forest Preserve.
The connection with Makalei Drive shall be designed to not encroach into
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the Lowland Dry Forest Preserve. The grade shall not exceed 10%, except
near the connection with Makalei Drive. At the Queen Kaahumanu
Highway, the intersection shall be improved as required by the Department
of Transportation, but shall include, at a minimum, a deceleration and an
acceleration lane on Queen Kaahumanu Highway, aleft-turn lane on
Queen Kaahumanu Highway, a refuge lane for vehicles turning left into
Queen Kaahumanu Highway, and a dedicated right-turn and left-turn lane
from the main project access road to Queen Kaahumanu Highway. If
warranted, at the request of Department of Transportation, the applicant
shall install traffic signals and a second left-turn lane from the main
project access road to the Queen Kaahumanu Highway.
2. "Mid-Level Road" from the main project access road to Kaiminani Drive
(Road " 2" on Exhibit "B"): The applicant shalt construct the mauka half-
section of a 120-foot wide right-of--way to county-dedicable standards as a
collector road. The applicant shall construct the intersection at Kaiminani
Drive meeting with the approval of the Department of Public Works, but
the intersection shall include alert-turn lane on Kaiminani Drive.
3. A north-south collector road at approximately the 600-foot elevation
(Road " 3" on Exhibit "B"): The north-south collector road shall be
designed to function as a portion of a future collector road (Road "4")
connecting Highway 190 with the main project access road and the Queen
Kaahumanu Highway. Road " 3" shall be constructed to county-dedicable
standards as a collector road with an 88-foot wide right-of--way. The
applicant shall construct the intersection between Road " 3" and the main
project access road meeting with the approval of the Department of Public
Works.
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4. The applicant shall participate in the cost of constructing a road from the
north end of Road " 3" to Highway 190 (Road "4" on Exhibit `B"). If
another private developer is required to participate in building Road "4" as
a condition of land use approvals, the applicant's share shall be limited to
any portion of the road on state ]and between the other private developer
and the applicant's property, and shall be one-half the cost of that portion.
If Road "4" is constructed with public funds without the participation of
another private developer, the applicant's share shall be one-third of the
entire cost. The design standards and maximum grade of Road "4" shall
be determined by the Director of Public Works after consultation with the
Planning Director. The applicant's share of the cost of Road "4" shall be a
maximum of eight million dollars ($8,000,000.00). The applicant's
obligation to contribute to Road "4" shall terminate ten (10) years after the
issuance of a certificate of occupancy for the 100`h residential unit on the
property, unless by that date, funding of Road "4" has been assured by the
appropriation and release of public funds for the project, or another private
developer has been required to pay for the construction of the remainder of
Road "4" that is not the obligation of the applicant by a condition of land
use approval. The date for the termination of the obligation to contribute
to Road "4" shall be extended along with any extension of time granted by
the Planning Director under Condition "TT."
5. A road to connect south to the future extension of Holoholo Street -Nana
Street (Road "5" on Exhibit `B"): The applicant shall build Road "5"
within the project area to county-dedicable standards as a minor street, and
it shall intersect with the main project access road (Road "1
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6. The Planning Director may require other local streets within the project to
provide local connections to the adjoining property to the north and south
as a condition of subdivision approval or plan approval.
7. At the western (makai) end of Makalei Drive, the applicant shall provide
safety improvements necessary to make a safe transition to the Palamanui
section, which may include, but are not limited to, rumble strips and
establishing superelevation for the curve, as required by the Department of
Public Works.
8. The following road improvements shall be completed before a certificate
of occupancy is issued for any portion of the subject property:
(a) the main project access road (Road "Y'), at least from the Queen
Kaahumanu Highway to the intersection with the Mid-Level Road
(Road " 2");
(b) the intersection of the main project access road with the Queen
Kaahumanu Highway; and
(c) the Mid-Level Road (Road " 2) from the main project access road
to Kaiminani Drive, and the Kaiminani Drive intersection.
9. The following road improvements shall be secured by bond or other surety
meeting with the approval of the Planning Director to guarantee that the
improvements will be completed within two (2) years after the issuance of
a certificate of occupancy for any portion of the subject property:
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(a) the remaining portion of Road "1 including any necessary
improvements to the lower portion of Makalei Drive;
(b) Road " 3", and
(c) Road "5."
Z. There shall be no direct access from individual lots to collector streets.
AA. Construction vehicles shall not utilize Makalei Drive.
BB. No vehicular security gate shall be installed within sixty (60) feet of any proposed
county road and a turnaround shall be provided within the private road or property
on the county road side of the gate.
CC. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to issuance of any construction
permit. Drainage improvements shall be constructed, meeting with the approval
of the Department of Public Works, prior to issuance of a certificate of occupancy.
DD. A Solid Waste Management Plan shall be prepared and submitted for approval to
the Department of Environmental Management prior to submitting plans for Plan
Approval review. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of
Environmental Management.
EE. A wastewater treatment system shall be constructed, meeting the approval of the
State Department of Health and/or Department of Environmental Management,
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whichever is applicable. All wastewater shall be treated at an approved
wastewater treatment plant, to a minimum of secondary treatment, with R-1
effluent, unless a greater level of treatment is required by the Department of
Health. Wastewater shall be used for irrigation of landscaping or other beneficial
reuse to the maximum extent feasible.
FF. The applicant shall allow the University of Hawaii to connect with its wastewater
and water supply systems on terms consistent with the April 16, 2004
Memorandum of Agreement, or any subsequent amendments.
GG. An Emergency Response Plan shall be submitted to the Civil Defense Agency for
review and approval, prior to the issuance of a certificate of occupancy.
HH. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code, relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval, whichever occurs first. The reduction in minimum lot
sizes and the increase in density permitted by Section 11-8, Hawaii County Code,
for affordable housing built on-site shall not apply to this project district because
the reduction in minimum lot sizes has already been incorporated into the
conditions of this project district zoning, and the limit on residential units stated is
meant to include affordable units built on-site.
II. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of Land
and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be
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immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it is found that sufficient mitigation
measures have been taken.
JJ. The applicant shall implement the Integrated Natural Cultural Resource
Management Plan (INCRMP) dated May 19, 2005, for the Lowland Dry Forest
Preserve (Exhibit "D" and "F" to the INCRMP). Preservation actions, with fire
control as a priority, shall begin no later than six months after the effective date of
this ordinance.
ICK. The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to
preserve the major stands of wiliwili trees.
LL. The applicant shall implement the INCRMP for the cave areas (Exhibit "E" to the
INCRMP).
MM. The applicant shall implement the Archaeological Preservation Plan (Exhibit "C"
to the INCRMP), along with any amendments and modifications thereto as
approved by the State Historic Preservation Division.
NN. The Planning Director may approve modifications to the INCRMP conforming to
the general purposes of the INCRMP, after consultation with the DLNR-DOFAW.
00. To ensure that the property will be developed as an integrated project, the
applicant shall establish covenants to all deeds to any parcels, except parcels to be
conveyed to individual residents, that require a master association to administer
the development of the project district in accordance with the conditions of land
use approvals. The covenants shall give notice that the various parcels are subject
to an overall zoning that requires coordinated development. Until the master
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association is formed, the applicant shall be responsible for ongoing duties such as
the management of the Dry Forest Preserve Area and other stewardship duties,
and for contingent project responsibilities such as contributing to the construction
of Road "4". Afrer the formation of the master association, those responsibilities,
except for offsite infrastructure requirements, shall be transferred to the master
association.
PP. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval. The fair share
contribution for each lot shall be based on the actual number of residential units
this condition. The fair share contribution per multiple family residential unit
(single family residential units) shall be allocated as follows:
1. $3,162.49 per multiple family residential unit ($4,817.93 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $99.95 per multiple family residential unit ($232.42 per single family
residential unit) to the County to support police facilities;
3. $307.46 per multiple family residential unit ($459.06 per single family
residential unit) to the County to support fire facilities;
4. $137.04 per multiple family residential unit ($200.98 per single family
residential unit) to the County to support solid waste facilities; and
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5. $2,704.31 per multiple family residential unit ($4,280.82 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct 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 review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council. The applicant's cost of constructing the Mid-Level Road (Road
" 2") and the applicant's share of constructing Road "4", shall be credited against
any fair share assessment for roads. The cost of parks dedicated to the county
shall be credited against the fair share contribution for parks.
QQ. 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.
RR. Comply with all other applicable County, State and Federal laws, rules,
regulations and requirements.
SS. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report
shall include, but not be limited to, the status of the development and the extent to
which the conditions of approval are being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisfied and the Director
acknowledges that further reports are not required.
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TT. An initial extension of time for the performance of conditions within the
ordinance maybe 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 applicant, 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 Project District.
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 maybe extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department 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 subject 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.
INTRO UCED
COUNCIL EM R, COUNTY O AWAI`I
Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
~:en~~: 687
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-3a) AND OPEN (O)
TO PROJECT DISTRICT (PD)
AT KAU, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK'. 7-2-005:001 Date: November 30, 200
EXHIBIT (HILUHILU DEVELOPMENT, LLC:1168)
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ROADWAY ALIGNMENTS -CONCEPTUAL
Dale: January 11, 2006
EXHIBIT °B^ (HILUHILU DEVELOPMENT, LLC)