HomeMy WebLinkAboutBIL 224 Draft 02 2004-2006 YY Oi
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 22a
Draft 2
ORDINANCE 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 refereed 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;
4. 189° 19' S5" 2044.65 feet along the east side of Queen
Kaahumanu Highway (Project No.: 19 BC-
01-71) 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 "AKAHIPUU", 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° 55' 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 Makalai 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 may be 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, university and public school
facilities, 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 177.8 acres. A "Constraints Area" which includes the approximately
55-acre dry forest preserve, azchaeological 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. Uses allowed by Use Permit in
the CV district may be 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, 20,000
square-foot university building, 8,000 squaze-foot public school building, open
space and recreational areas and other related improvements on the property, shall
be submitted to the Planning Director within two (2) yeazs 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 commence 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 standazds shall apply:
1. Landscaping for the development shall comply with the Planning
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Department's Rule No. 17, Landscaping Requirements.
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 pazking 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 vaziances 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 3b -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 aone-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
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be non-dedicable. With regard to the requested zero line building setbacks, the
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 may be 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. Within one year of the issuance of the first residential building permit for the
development, the applicant shall provide the following amenities in coordination
with the University of Hawaii:
1. Construct a 20,000 square-foot building on the applicant's property for use
by the University of Hawaii. Alternately, with the consent of the State
Department of Land and Natural Resources and the University, this
• building may be constructed on the State's adjacent parcel of land to the
south.
2. Construct Road " 2" on Exhibit "B", running from the project site to
Kaiminani Drive as described in Condition "Z."
3. Provide adequately-sized connections for water and electrical systems to
the State's adjacent parcel of land to the south, and allow the University of
Hawaii to connect to these systems.
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4. Design the project's wastewater treatment system to provide adequate
capacity for the University to connect to this system, in accordance with
the April 16, 2004 Memorandum of Agreement, or any subsequent
amendments.
5. Design all infrastructure systems within the project site to meet the
development needs of the University of Hawaii on the State's adjacent
parcel of land to the south."
U. Within one year of the issuance of the first residential building permit for the
development, the applicant shall contribute to the State Department of Education
(DOE) an 8,000 square-foot building within the project site to use for a period of
• twenty (20) years, subject to the following conditions:
1. No rent or common area maintenance fees will be charged to the DOE.
2. The building will be used as instructional and office space for the school
complexes located in West Hawaii.
3. The building will meet DOE facility standards, with finished classrooms,
workshops, and offices.
4. The applicant will collaborate with the DOE on the requirements of the
building in order to develop building plans subject to DOE approval.
5. The finished building will be available to the DOE within one year of the
issuance of the first residential building permit for the development.
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6. Following the initial twenty (20) year period when the building will be
made available to the DOE, the building will be made available to the
DOE for additional years, at the prevailing rental rates.
7. In the event that the DOE and the applicant determine that despite good
efforts, a building cannot be provided, or DOE no longer needs the facility
• and its design has not been completed, the applicant will make an
equivalent school fair-share cash contribution in an amount to be
determined by the DOE. This cash contribution shall be expressly reserved
for use within the Kealakehe complex of schools."
V. The applicant shall set aside a "Constraints Area" including the approximately 55-
acre dry forest preserve, archaeological sites/cave and park azeas on the project
site.
W. The applicant shall develop an active regional park on the project site. This
regional park shall be comprised of not less than twenty (20) acres of land and
shall be developed prior to the occupancy of the first residentia? unit on the
property. The regional park shall include soccer and baseball fields, restrooms,
and parking areas, with the specific requirements to be determined in consultation
with the Department of Parks and Recreation. The regional park shall be
constructed to county design standards and be dedicated to the county, and the
county shall accept dedication."
X. There shall bean 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
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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.
Y. All project utilities shall be underground.
Z. 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 standazds 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
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, alert-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. The
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applicant shall install agrade-separated entry from the main project access
road to the Queen Kaahumanu Highway. The applicant shall design and
build the grade-separated entry in conformance with State Department of
Transportation plans for a new airport access road network.
2. "Mid-Level Road" from the main project access road to Kaiminani Drive
(Road " 2" on Exhibit "B"): The applicant shall 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 cleft-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.
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"): The
design standards and maximum grade of Road "4" shall be determined by
the Director of Public Works afrer consultation with the Planning Director.
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 land between the other private developer
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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 of the road. The applicant shall coordinate with the Planning
Department to determine the funding mechanism for Road "4", to include
consideration of financing Road "4" via the creation of a community
facilities district. The applicant shall complete construction of its share of
Road "4" within ten (10) yeazs from the effective date of this ordinance.
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 standazds as a minor street, and
it shall intersect with the main project access road (Road "1").
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 aze 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 "1"), at least from the Queen
Kaahumanu Highway to the intersection with the Mid-Level Road
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(Road " 2");
(b) the grade-separated 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:
(a) the remaining portion of Road "1", including any necessary
improvements to the western end of Makalei Drive to make a safe
transition to the Palamanui section;
(b) Road " 3", and
(c) Road "5."
AA. There shall be no direct access from individual lots to collector streets.
BB. Construction vehicles shall not utilize Makalei Drive.
CC. 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.
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DD. All development generated runoff shall be disposed of on-site and shall not be
directed towazd 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.
EE. 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.
FF. A wastewater treatment system shall be constructed, meeting the approval of the
State Department of Health and/or Department of Environmental Management,
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.
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
aze 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
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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
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.
KK. 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 IIQCRMP 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.
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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 vazious parcels are subject
to an overall zoning that requires coordinated development. Until the master
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". After 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 shaze 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;
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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
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.
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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 aze 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 aze not required.
TT. 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 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 yeaz maybe extended for up to one additional yeaz).
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.
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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.
SECTION 4. This ordinance shall take effect upon its approval.
Y r
COUNCIL MEMBER, CO iF H WAI`I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
R.~fEkENCt~ Ceii~ ~a
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