HomeMy WebLinkAboutBIL 224 Draft 03 2004-2006
COUNTY OF HAWAII . ' STATE OF HAWAII
h~ei'M~
BILL NO. 224
Draft 3
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 HAWAII:
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
hereinafrer as follows:
The district classification of the following areas situated at Ka'u, 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-Ol-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;
4. 189° 19' S 5" 2044.65 feet along the east side of Queen Kaahumanu
Highway (Project No.: 19 BC-O1-71) 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
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
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(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 Ka'u, 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, 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.
H. Active and passive pazks (Open, Park and Preservation) shall be developed on a
minimum of 177.8 acres. A "Constraints Area" which includes the approximately
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55-acre dry forest preserve, archaeological sites/cave and park azeas, 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 related facilities. 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, 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 commence within five (5)
yeazs 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.
2. The height limit for structures within the project area shall not exceed the
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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 Chazacter
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 pazking (such as the 4,000-square foot lots with cone-caz gazage
and insufficient setbacks to allow pazking 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 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,
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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 the
20,000 square foot building on State land has been turned over to the University of
Hawaii for use.
Q. No retail commercial structures may be located closer than 1,500 feet from the Queen
Kaahumanu Highway right-of--way.
R. To ensure that the commercial development corresponds with the applicant's
representations regarding neighborhood-scale commercial development, no single
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retail establishment shall have more than 45,000 square feet of developed area
under roof.
S. Total retail space (not including restaurants) 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 applicant shall set aside a "Constraints Area" including the approximately 55-
acre dry forest preserve, archaeological sites/cave and park areas on the project site.
U. The applicant shall develop one 20 acre active park site prior to occupancy of the
first residential unit on the property. The 20 acre active park site shall include one
baseball field, one soccer field, parking lot and restrooms, with the specific
requirements to be determined in consultation with the Department of Parks and
Recreation. The 20 acre active park shall be constructed to be dedicated to the
county, and the county shall accept dedication.
V. 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
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
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provided to the Planning Department.
W. All project utilities shall be underground.
X. 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 the Lowland Dry
Forest Preserve. The grade shall not exceed 10%, except neaz the
connection with Makalei Drive.
(a) If a grade separated interchange is available to connect Road 1 to
Queen Kaahumanu Highway when Applicant is ready to construct Road 1,
Applicant will connect Road 1 to such interchange and in such case,
Applicant will contribute $1,500,000 to the Department of Transportation.
(b) If a grade separated interchange is not available to connect Road 1 to
Queen Kaahumanu Highway when Applicant is ready to make the
connection, Applicant's obligation for the connection shall be to create the
intersection (at Applicant's expense) as required by the Department of
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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. 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 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 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 standazds 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. New Connector Road to Mamalahoa Highway Project (Road "4" on attached
Map Exhibit "B"). Applicant shall participate in Road "4" as follows:
(a) Road 4A.
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Applicant shall obtain aright-of--way from the Department of Land
and Natural Resources to build the section of Road "4" that is within
the land to the north of the project that is owned by the State of
Hawaii (that section may be referred to as Road "4A"). Applicant
shall build Road "4A" at its expense, but Applicant is not responsible
for the purchase of said road right-of--way.
(b) Road 4B.
(1) Applicant shall use its best efforts to obtain the land for the road
right-of--way from the private owner of the land through which the
upper portion of Road "4" runs to its intersection with the
Mamalahoa Highway (that section may be referred to as Road "4B").
"Best efforts" do not require that Applicant purchase said land. If
Applicant is not able to obtain said right-of--way within one (1) yeaz
of the approval of the Project District Ordinance, and the County
wishes to proceed with construction of Road "4B", the County will
acquire the land for said right-of--way within one (1) year after
Applicant notifies the County that it is not able to obtain said land.
(2) Applicant will build Road "4B" under the terms described
below.
(3) The County agrees to reimburse Applicant for the cost of
designing and building Road "4B" within three (3) years of its
completion and to pay an amount equivalent to eight percent (8%)
per year on such cost from and after the period following completion
of Road "4B". The cost to Applicant and resultant reimbursement
shall not exceed $10,300,000 plus the eight percent (8%) per year
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amount. The County will provide documents showing that all
actions necessary to ensure reimbursement have been taken prior to
the commencement of substantial construction of Road "4B".
(4) Applicant's obligation will be to design and build Road "4" to
applicable rural road standards (12 foot traveled lands, up to 18 foot
paved shoulders and not including utilities or street lights). Specific
design standards and maximum grade of Road "4" shall be
determined by the Director of Public Works after consultation with
Applicant and the Planning Director.
(5) Substantial construction of Road "4" shall commence within the
later o£ 1) three (3) years of the approval of the Project District
Ordinance or 2) acquisition of the road right-of--way; 3) the date of
final subdivision plat approval for the first residential subdivision
(including multifamily residential) in the project; 4) approval by the
County of all documents and actions necessary to ensure
reimbursement described above. Provided that if substantial
construction of Road "4B" has not commenced within three (3) years
after approval of the Project District Ordinance without fault on the
part of Applicant, then Applicant's obligations for Road "4B" shall
expire.
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 "P').
6. The Planning Director may require other local streets within the project to
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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
(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 guazantee 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 lower portion of Makalei Drive;
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(b) Road " 3", and
(c) Road "5."
Y. There shall be no direct access from individual lots to collector streets.
Z. Construction vehicles shall not utilize Makalei Drive.
AA. No vehicular security gate shall be installed within sixty (60) feet of any proposed
county road and a turnaround gate shall be provided within the private road or
property on the county road side of the gate.
BB. 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.
CC. 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.
DD. 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
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shall be used for irrigation of landscaping or other beneficial reuse to the maximum
extent feasible.
EE. University of Hawaii Condition. Applicant shall provide the following to relocate
the University of Hawaii operations:
1. Connectivity with the University of Hawaii 500 acre site. 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. Applicant shall also allow the
University of Hawaii to connect electrical and telecommunication systems
to facilities installed within the project. Applicant shall design its projects
so that the University of Hawaii shall have access through the public roads
within the project for University operations.
2. Build Applicant's wastewater treatment system to handle the wastewater
from the initial University of Hawaii building to be built on the 500 acres of
State land and design the wastewater treatment system to accommodate
future expansion for wastewater from future expansion of the University of
Hawaii operations.
3. Build an initial classroom building of 20,000 square feet at Applicant's
expense up to a maximum of $3,500,000 on the 500 acres of State land in
close proximity to the University Village on Applicant's land. The location
and design of the building (interior and exterior) and related improvements
will be on teens mutually acceptable to Applicant and the University of
Hawaii.
4. Applicant shall use its best efforts to construct and make the 20,000 square
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foot classroom building available for use by the University prior to
occupancy of the first permanent building on the project site. Within one
yeaz of receiving its first certificate of occupancy for buildings on its land,
Applicant shall: 1) turn over the 20,000 square foot building on State land to
the University of Hawaii for use.
5. Applicant shall use be required to deposit into escrow the estimated cost of
$5,000,000 for construction of the University Center. Funds will be released
to Applicant for construction of said Center as required by Applicant. The
Center's drawings shall be approved by the Chancellor of Hawaii
Community College before stazt of construction. Applicant shall post a
$5,000,000 performance bond with a time limit of five (5) yeazs. If the
University is unable to obtain all required permits for the Center within five
(5) years, the performance bond shall be returned to Applicant and
Applicant shall be released from construction requirements for the 20,000
square foot classroom building.
FF. 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.
GG. 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
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this project district zoning, and the limit on residential units stated is meant to
include affordable units built on-site.
HH. 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 azchaeological clearance from the
DLNR-HPD when it is found that sufficient mitigation measures have been taken.
II. 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.
JJ. The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to
preserve the major stands of wiliwili trees.
KK. The applicant shall implement the INCRMP for the cave areas (Exhibit "E" to the
INCRMP).
LL. 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.
MM. The Planning Director may approve modifications to the INCRMP conforming to
the general purposes of the INCRMP, after consultation with the DLNR-DOFAW.
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NN. 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 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.
00. 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 on the sale or lease of residential units subject to such contribution. The
fair share contribution shall have a maximum combined value of $6,411.25 per
multiple family residential unit ($9,991.20) per single family residential unit). The
total amount shall be determined with the actual number of units according to the
calculation and payment provisions set forth in 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;
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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.
The fair share contribution shall not apply to affordable housing units. 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. With respect to the fair share contribution for parks and recreation, that
contribution for all residential units will be satisfied when Applicant completes and
offers for dedication all of the land facilities for the active use park described in
Condition U above. The fair share contribution for roads will be satisfied upon
completion of the Mid-Level Road (Road " 2"), Road " 3", Road "5" and Road "4A".
PP. 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.
QQ. Comply with all other applicable County, State and Federal laws, rules, regulations
and requirements.
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RR. 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 are not required.
SS. 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 may be 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.
Should any of the conditions not be met or substantially complied with in a timely
19
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.
INTRODUCED BY:
C CIL BER, CO Y F HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. j~$,'~,~~,~r,,,,
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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 "A" (HIIUHILU DEVELOPMENT, LLC1168)
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ROADWAY ALIGNMENTS -CONCEPTUAL
Dale. January 11, 2D06
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