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HomeMy WebLinkAboutBIL 224 Draft 06 2004-2006 M~v or COUNTY OF HAWAII ' STATE OF HAWAII ,~O~~M~ BILL NO. 224 Draft 6 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 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' S5" 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° 1 S 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 azea 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 aze: (1) Necessazy to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 2 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. 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 55-acre dry forest preserve, azchaeological sites/cave and pazk 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 3 the RS, RM, CN and CV zoned districts, and related facilities. Uses allowed by Use Permit in the CV district, other than golf courses, may be allowed by use permit. J. A detailed Master Plan of the Project District, which includes the location and number of residential lots and units, hotel, university and public school facilities, 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) 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. Landscaping rules, such as the screening ofsingle-family residential from commercial areas, shall be applied according to the actual uses. 2. The height limit for structures within the project area shall not exceed the following: 4 a. Single-family residential development: 35 feet b. Multiple-family residential and hotel developments: 45 feet c. Office and retail commercial development (not more than three stories): 45 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 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 be non-dedicable. With regazd 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 5 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 squaze 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 shazed 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 until construction has commenced on the 20,000 square foot University building, or the building's completion has been assured by bond or other security acceptable to the Planning Director, whichever comes first. 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 retail establishment shall have more than 45,000 square feet of developed area 6 under roof. S. Total retail space (not including restaurants) shall not exceed 75,000 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 or given 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 pazk site prior to occupancy of the first residential unit on the property. The 20 acre active park site shall include two playing fields which may be one baseball field and one soccer field, or two baseball fields or two soccer fields, pazking lot and restrooms, with the specific requirements to be determined in consultation with the Department of Pazks and Recreation. The 20 acre active park shall be constructed to county-dedicable standards, 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 provided to the Planning Department. 7 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. Project access road from the Queen Kaahumanu Highway to the eastern boundary of the project. (Road "1" on attached map Exhibit "B"): Road "1" 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, from the Queen Kaahumanu Highway to the intersection with Road " 3". From Road " 3" to the intersection with Makalei Drive, Road "1" shall be constructed to county-dedicable standards as a minor street, 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 near the connection with Makalei Drive. At the Queen Kaahumanu Highway, the intersection shall be improved in accordance with one of the following two options: (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 8 connection, Applicant shall improved the intersection at its expense 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 Road "1" 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 Road "1" 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 collector road (Road "4") connecting Highway 190 with Road " 1 "and the Queen Kaahumanu Highway. Road " 3" shall be constructed to county-dedicable standards as a 60-foot wide collector road with an 88-foot wide right-of--way. The applicant shall construct the intersection between Road " 3" and Road "1" 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 construct Road "4", at its sole expense, as a two-lane 60-foot wide county-dedicable collector road, including shoulders and swales, within an 88-foot right-of--way. The final 9 design and maximum grade of Road "4" shall be determined by the Director of Public Works after consultation with the Planning Director. Applicant shall not be required to install streetlights, except at the intersection with Highway 190, or utilities. If another private developer is required to participate in building Road "4" as a condition of land use approvals, Applicant's share shall be limited to the portion of Road "4" on Applicant's property and on State land. The County shall obtain the necessary right-of- way outside of Applicant's property. 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 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 Road "1", 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, or completion of any single-family homes, whichever comes first: (a) Road "1 at least from the Queen Kaahumanu Highway to the intersection with the Mid-Level Road (Road " 2"); 10 (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, or completion of any single-family homes, whichever comes first: (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." 10. Applicant shall complete Road "4" no later the six (6) years after the effective date of this ordinance, except as may be allowed under Condition "UU". Applicant shall assure the completion of Road "4" by bond or other security accepted by the Planning Director no later than the issuance of a certificate of occupancy for any building, other than the University or the State Department of Education (DOE) building, or final subdivision approval for any subdivision creating single-family residential lots. Certificate of occupancy for any building, other than the University or DOE building shall not be issued, and final subdivision approval for any subdivision creating single-family residential lots shall not be granted, until 11 the necessary right-of--way for Road "4" has been obtained from any other private landowner. 11. Makakei Drive will not be open to the public as an alternative mauka/makai connector until Road 4 is open for public use. 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 turnazound 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 for any buildings, or final subdivision approval for any subdivision creating single- family residential lots. 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 12 treatment plant, to a minimum of secondary treatment, with R-I 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. 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. Applicant shall also allow the University of Hawaii to connect electrical and telecommunication systems to facilities installed within the project. These connectivity sites shall be to the University's satisfaction and located along its northern boundary on Road " I 2. Build Applicant's wastewater treatment system to handle the wastewater from the initial University of Hawaii building and design the wastewater treatment system to accommodate future expansion for wastewater from future expansion of the University of Hawaii operations. 3. Design and construct an initial classroom and administration building of 20,000 square feet, with associated parking, at Applicant's expense. If the University of Hawaii's design results in the cost of design and constructing of the building and associated parking exceeding $5,000,000, Applicant shall be responsible for the first $5,000,000 and the University shall be responsible for the balance. The building shall be constructed on the State land designated for University use. Construction on the building shall commence as soon as the University has required the necessary consents and approvals. If the necessary consents and approvals cannot be obtained by the State, the University shall have the right to lease from Applicant appropriate space to house University of Hawaii at West Hawaii until 13 the necessary consents and approvals are obtained at comparable lease rates now being paid by the University of Hawaii until the 20,000 square foot building can be constructed on the State land at Applicant's expense. Applicant shall commence construction of the building, or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawaii Community College, before the issuance of a certificate of occupancy for any building, other than the DOE building, or final subdivision approval for any subdivision creating single-family residential lots. Applicant shall complete construction of the University building no later than two (2) years after the issuance of a certificate of occupancy for any building, other than the DOE building, or final subdivision approval for any subdivision creating singe-family residential lots. The location and design of the building (interior and exterior) and related improvements will be on terms determined by the University of Hawaii. The University of Hawaii shall consult on design of said building with Applicant. FF. Applicant shall enter into an agreement with the DOE, in accordance with the terms of the State Land Use Decision and Order (Docket No. AO3-744) dated May 19, 2005. If Applicant's agreement with the DOE is later amended, Applicant shall file a copy of such amendment with the Planning Department and shall comply with the terms of the amended agreement. Applicant shall contribute to the 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. 14 4. Applicant will collaborate with the DOE on the requirements of the building in order to develop building plan subject to DOE approval. 5. The finished building will be available to the DOE within two (2) years of the issuance of a certificate of occupancy for any multifamily residential building, or within two (2) years from the completion of any single-family residential building within the development, whichever comes first. 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. If the DOE and Applicant determine that despite good efforts, a building cannot be provided, or the DOE no longer needs the facility and its design has not been completed, 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. 8. The value of the building and its use is meant to be credited against any DOE requirements under the State Land Use Decision and Order. 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 15 Subdivision Approval for any subdivision creating single-family residential lots, 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. Applicant shall satisfy its affordable housing requirements by on-site construction of units, and not utilize any affordable housing credits generated off-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 INCRMP for the cave azeas (Exhibit "E" to the INCRMP). MM. The applicant shall implement the Archaeological Preservation Plan (Exhibit "C" to 16 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 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. 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 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: 17 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 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 be waived for the affordable housing units. In lieu of paying the fair share contribution, the applicant shall 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 "4". 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 18 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 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. TT. An initial extension of time for the performance of conditions within the ordinance, except for the six-year time limit in Condition X.10, 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 year may be extended for up to one additional year). 19 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. UU. The Planning Director may permit an extension of the six-year time limit to complete Road "4" in Condition X.10, provided that the requirements of Condition "TT" are met, and, in addition, the new deadline for the completion of Road "4" is not more than two (2) years after the completion of any building, including single-family residential buildings, other than the University building or the DOE building. 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: COUNC EMBER, CO HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: u.cNCEc Con1m. FR~~ 20 N A-SOOa a w OPEN A-Sa j ~ ~ ~52 E PEN 10) TO A 5a W PROD CT DISTRICT PD / a 74.861 ACRES \ 6 / A-500a j - I ~ r 5,071.21 N A-500a 23,751.89 W A.Sa ~ ~ A-1a I i A-Sa A-50 ^ AKAH/PUU 8,547.08 N - ~ ~ OPEN 18,434.23 W a ' "AKAHIPUU" S o ~ _ ~ . ~ 1 i A-5a OPEN - A-900a m 0 EN - -o Asa ~ - ~ .a i - - a A' A-Sa A ~ 2 AGRICULTURAL (A-3a) ' _ W I TO PROJECT DISTRICT PD $ ~ 450.343 ACRES _ o ~_/0 I Asa- - A- m 2 m , R -20 ~ < OPEN A ~ ~ A-5a F - d ~ - r ~ _ OPEN _ A-3a _ ~ ~ --1- CN- 0 R 10 ~ - -5 A-~ ~ ~ A Sa FA 2a A-~ ~ A-Sa ~ - A \ FA-ta OPEN ° y A-Sa Asia AS-15 n - ~ 3,300 1 650 0 3 300 6 600 0 900 13 200 16.5~0~~ 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„ (HILUHILU DEVELOPMENT, LLC:1168) N ~ \ ~ i i~ ~ ~ ~ ~ ~ ~ ? • ~J _ ~ i II= - ~ i -~~I~ - ~ / 2 - ~ ~ ~ ~ 0 - - .c - ~ _ _o nr ~ O ~ ~ ~ ~ _ _ ~ ~ ~ T ~ O s 2 ' m Y ~ Tn~sL T - lJ ~ rC i-~ Miles 0 0.5 1 2 3 ROADWAY ALIGNMENTS -CONCEPTUAL Date: January 11, 2006 EXHIBIT "B" (HILUHILU DEVELOPMENT, LLC)