HomeMy WebLinkAboutORD 1999-042 1998-2000 n
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COUNTY OF HAWAT:~~6 =ESTATE OF HAWAII
BILL NO. 332
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(Draft 3)
ORDINANCE NO. 99 42
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH AND SOUTH KONA DISTRICTS
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO PR07ECT
DISTRICT AT KAUPULEHU, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-2-03:PORTION OF 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, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following azea situated at Kaupulehu, North
Kona, Hawaii, shall be Project District: `
Beginning at the south corner of this pazcel of land, on the northerly side of Queen
Kaahumanu Highway, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "AKAHIPUU" being 22,391.70 feet North and 3,282.86
feet West, thence mm~ing by azimuths measured clockwise from True South:
1. 158° 20' 48" 3,348.85 feet along Lots 2 and 6 of Hualalai Resort
(Amended) (File Plan 2180);
2. 191° 36' 48" 1,579.69 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
3. 118° 00' 48" 600.00 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
4. 71° I S' 48" 351.89 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
5. 157° OS' 48" 241.50 feet along Lot 6 of Hualalai Resort
(Amended) {File Plan 2180);
6. 223° 45' 48" 782.31 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
7. 296° 22' 28" 256.77 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
8. 207° 13' 28" 1,079.41 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
9. 137° 45' 28" 250.00 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
10. 66° 55' 28" 118.63 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
11. 131° 25' 28" 359.42 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
12. 213° 33' 28" 158.80 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
13. 168° 33' 28" 120.45 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
. Aw. 7715, Apana 10 to L.
Kamehameha;
14. 78° 33' 28" 288.52 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
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15. 182° 41' S8" 1,292.06 feet along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
Thence along shoreline as confirmed
by the Boazd of Land and Natural
Resources on January 29, 1998 for
the next seventy four (74) courses,
the direct azimuths and distances
between points being:
16. 233° 38' 266.27 feet;
17. 216° 25' 260.00 feet;
18. 232° 00' 119.81 feet;
19. 236° 53' 136.42 feet;
20. 214° 31' 108.00 feet;
21. 234° 14' 83.00 feet;
22. 218° 25' 91.67 feet;
23. 176° 39' 102.99 feet;
24. 256° 42' 41.33 feet;
25. 160° 19' 117.61 feet;
26. 230° 21' 80.32 feet;
27. 176° 44' 74,97 feet;
28. 97° 45' 39.00 feet;
29. 149° 33' 65.00 feet;
30. 257° 19' 59.28 feet;
31. 167° 57' 71.28 feet;
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32. 235° 59' 106.00 feet;
33. 180° 17' 49.00 feet;
34. 138° 00' 88.80 feet;
35. 258° 39' 146.01 feet;
36. 163° 28' 128.70 feet;
37. 214° 06' 94.76 feet;
38. 148° 17' 112.00 feet;
39. 239° 22' 170.17 feet;
40. 197° 52' 210.87 feet;
41. 209° 53' 172.22 feet;
42. 148° 57' 88.00 feet;
43. 239° 26' 175.00 feet;
44. 212° OS' 75.00 feet;
45. 289° 15' 103.00 feet;
46. 200° 29' 68.16 feet;
47. 282° 30' 93.00 feet;
48. 226° 12' 60.11 feet;
49. 277° 28' 115.47 feet;
50. 240° 58' 193.00 feet;
51. 207° 14' 91.00 feet;
52. 197° OS' 149.00 feet;
53. 210° 33' 124.00 feet;
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54. 215° 52' 104.97 feet;
55. 256° 28' 70.00 feet;
56. 164° 54' 87.00 feet;
57. 218° 13' 121.63 feet;
58. 277° 35' 104.01 feet;
59. 220° 25' 66.10 feet;
60. 272° 43' 67.00 feet;
61. 246° 47' 282.77 feet;
62. 217° 04' 133.87 feet;
63. 242° 32' 137.00 feet;
64. 224° 14' 320.00 feet;
65. 249° 55' 257.80 feet;
66. 209° 25' 232.99 feet;
67. 281° 34' 198.14 feet;
68. 200° 17' 131.00 feet;
69. 167° 16' 67.08 feet;
70. 224° 22' 35.13 feet;
71. 292° 49' 190.00 feet;
72. 221° 12' 253.00 feet;
73. 242° 29' 115.00 feet;
74. 285° 53' 100.00 feet;
75. 259° 46' 273.00 feet;
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76. 244° 02' 200.00 feet;
77. 188° 53' 127.12 feet;
78. 281° 10' 66.02 feet;
79. 264° 13' 233.00 feet;
80. 243° 02' 208.00 feet;
81. 231 ° 41' 112.80 feet;
82. 254° 32' 154.00 feet;
83. 208° 30' 112.00 feet;
84. 278° 30' 85.02 feet;
85. 237° 52' 233.00 feet;
86. 243° 16' 180.00 feet;
87. 233° 15' 210.00 feet;
88. 267° 59' 115.47 feet;
89. 229° 15' 79.11 feet;
90. 334° 12' S0" 175.28 feet along the Government (Crown) Land
of Puuwaawaa;
91. 334° 13' 35" 2,065.52 feet along the Government (Crown) Land
of Puuwaawaa;
92. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,800.00 feet,
the chord azimuth and distance
being:
29° 59' 53.5" 1,413.27 feet;
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93. 6° 53' 111.60 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to L.
Kamehameha;
94. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 2,000.00 feet,
the chord azimuth and distance
being:
17° 24' 730.09 feet;
95. 27° 55' 104.25 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10
to L. Kamehameha;
96. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
16° 56' 30" 380.76 feet;
97. 5° 58' 1,086.73 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
98. Thence along the remainder of R.P. 7843, L.C. Aw, 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 900.00 feet, the
chord azimuth and distance being:
41° 46' 30" 1,053.14 feet;
99. 77° 35' 229.79 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to L.
Kamehameha;
100. Thence along the remainder of R.P. 7843, L.C. 7715, Apana 10 to
L. Kamehameha, on a curve to the
lefr with a radius of 1,400.00 feet,
the chord azimuth and distance
being:
45° 40' 1,480.32 feet;
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101. 13° 45' 150.10 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
102. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 8,000.00 feet,
the chord azimuth and distance
being:
20° 10' 1,788.13 feet;
103. 26° 35' 573.48 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
104. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 4,000.00 feet,
the ohord azimuth and distance
being:
23° 10' 476.77 feet;
105. 19° 45' 1,888.55 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
106. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 2,000.00 feet,
the chord azimuth and distance
being:
27° 00' 30" 505.37 feet;
107. 34° 16' 155.59 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
108. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,400.00 feet,
the chord azimuth and distance
being:
16° 25' 26.8" 857.93 feet;
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109. Thence along the northerly side of Queen Kaahumanu Highway, on a curve to the
left with a radius of 9,430.02 feet,
the chord azimuth and distance
being:
78° 12' 22.4" 150.63 feet;
110. 347° 44' S5" 30.00 feet along the northerly side of Queen
Kaahumanu Highway;
111. Thence along the northerly side of Queen Kaahumanu Highway, on a curve to the
left with a radius of 9,400.02 feet,
the chord azimuth and distance
being:
76° 43' 39" 335.03 feet
to the point of beginning and
containing a gross azea of 1,117.700
acres and a net area of 1,078.634
acres after excluding and deducting
Exclusions 1 and 2 described as
follows:
Fxclusion 1
Beginning at the west comer of this pazcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPW" being
28,129.44 feet North end and 3,971.79 feet West, thence running by azimuths measured
clockwise from True South:
1. On a curve to the right with a radius of 560.00 feet, the chord azimuth and
distance being:
203° 15' 22" 96.20 feet;
2. 208° 11' 89.46 feet;
3. On a curve to the left with a radius of 830.00 feet, the chord azimuth and
distance being:
200° 59' 208.05 feet;
4. 193° 47' 72.32 feet;
5. On a curve to the left with a radius of 330.00 feet, the chord azimuth and
distance being:
180° 33' 36" 150.97 feet;
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6. 281° 00' 83.41 feet;
7. 236° 20' 218.39 feet;
8. 217° 30' 55.00 feet;
9. 272° 40' 25" 288.69 feet;
10. 238° 00' 159.00 feet;
11. 232° 00' 116.00 feet;
12. 283° 00' 135.00 feet;
13. 338° 00' 64.00 feet;
14. 248° 30' 286.00 feet;
15. 317° 00' 249.00 feet;
16. 319° 30' 192.00 feet;
17. 313° 00' 193,00 feet;
18. 44° 00' 555.00 feet;
19. 37° 00' 200.00 feet;
20. 44° 30' 268.00 feet;
21. 48° 00' 336.00 feet;
22. 44° 00' 198.00 feet;
23. 152° 30' 218.00 feet;
24. 126° 30' 156.00 feet;
25. 127° 30' 188.00 feet;
26. 130° 00' 153.00 feet;
27. 138° 00' 150.00 feet;
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28. 106° 30' 99.00 feet;
29. 124° 00' 88.98 Feet to the point of beginning and
containing an area of 37.064 acres.
Exclusion 2
Beginning at the east comer of this pazcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPW" being
27,534.29 feet North and 4,555.18 feet West, thence running by azimuths measured
clockwise from True South:
1. 51° 00' 48" 322.80 feet;
2. 156° 00' 48" 294.79 feet;
3. 227° 00' 48" 273.75 feet;
4. 326° 00' 48" 305.00 feet to the point of beginning and
containing an azea of 2.002 acres.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part
hereof.
SECTION 2. The project area shall consist of 1,078.634 acres which would allow for a
maximum development of 1,030 residential units.
SECTION 3. This change in district classification is conditioned upon the following:
A. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. This project area shall be called the Kaupulehu Project District. The
development period for the Kaupulehu Project District will be 20 years from the
effective date of approval of the Project District Ordinance.
C. The Kaupulehu Project District shall consist of not more than 1,078.634 acres
with 869.698 acres for Residential, golf course and ancillary related
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development; 197.936 acres for the "Urban" Coastal Planning Area and 11
acres for Commercial development. Any amendment to these acreages shall
require an amendment to the Kaupulehu Project District Ordinance.
D. The maximum number of units to be allowed within the Kaupulehu Project
District shall be 1,030 units. Any increase in the number of units shall require
an amendment to the Kaupulehu Project District Ordinance.
E. There shall be no residential, commercial or similar type developments in the
Coastal Planning Area other than those specified in the Integrated Resources
Management Plan. The Coastal Planning Area shall be described by metes and
bounds, and the restrictions shall be specified in the covenant(s) in the property
deed. A copy of the metes and bounds, and proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval or Final Plan Approval or land alteration activities, whichever occurs
first. A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicant and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval or Final Plan
Approval or land alteration activities, whichever occurs first.
F. The applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance
No. 96-160 are to be allowed in the Kaupulehu Project District within the
869.698 acres for Residential, golf course and ancillary related development and
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the 11 acres for Commercial development:
1. Amusement and recreation facilities, indoor.
2. Art galleries, museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples and synagogues.
7. Day care centers.
8. Convenience stores.
9. Community buildings
10. Display for products sold elsewhere
11. Dwellings, single-family.
12. Dwellings, double-family or duplex.
13. Dwellings, multiple-family.
14. Farmers Market
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 25-4-13 of the Zoning
Code.
18. Major outdoor amusement and recreation facilities.
19. Medical clinics.
20. Meeting facilities.
21. Model homes.
22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
23. Offices.
24. Personal services.
25. Photography studios.
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26. Public and private utility uses and structures.
27. Restaurants.
28. Retail establishments.
29. Schools.
30. Telecommunication antennas and towers as permitted under
Section 25-4-12 of the Zoning Code.
31. Temporary real estate offices as permitted by Section 25-4-8 of the
Zoning Code.
32. Theaters.
33. Time share units.
34. Utility substations, wastewater treatment plants, landscaping and vehicle
maintenance service yazds.
35. Visitor Information Center.
36. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the applicant and approved by the
Planning Director.
37. Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
H. 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 minimum building site area shall be 7,500 square feet which may
include flag lots.
3. The maximum allowable height limit for Single Family Residential units
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shall be thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residential and
Commercial developments shall be 45 feet.
5. The minimum average lot widths shall be determined by the applicant in
conjunction with its development plans.
6. The minimum yazds in the Kaupulehu Project District shall be as
follows:
a. Residential Development
(1) Front and rear yazds, fifteen feet; and
(2) Side yards, eight feet.
b. Commercial Development
(1) Front and rear yards, fifteen feet; and
(2) Side yazds, none, except where the adjoining building site
is a residential development site, when the side yard
adjoins the side yard of a residential development site,
there shall be a minimum side yard of eight feet.
7. Exceptions to the regulations for the Project district regarding heights,
building site areas, and yards, may be approved by the director within a
planned unit development, or cluster plan development.
8. The minunum off-street parking and loading space requirements for the
Kaupulehu Project District will comply with the minimum standards as
required by the Zoning Code, including compliance with the American
Disabilities Act (ADA) requirements.
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I. Final Subdivision or Final Plan Approval, whichever is applicable, shall be
secured from the Planning Director for any of the above uses prior to the
issuance of any land alteration permits for any development phase in the
Kaupulehu Project District.
J. Construction of the residential units, commercial development, golf course and
other related improvements shall commence only after Final Subdivision
Approval and Final Plan Approval has been secured.
K. The applicant shall provide assurance satisfactory to the Department of Water
Supply and the Planning Director, upon consultation with the State Department
of Health and Department of Land and Natural Resources, that water sources of
sufficient quality and quantity has been established. Such satisfactory assurance
can be met by the actual drilling and testing of a well site of the water source or
by the submittal of a hydrological study certifying that a water sources of
sufficient quality and quantity can be established at the designated locations.
L. Upon compliance with Condition K, the actual development of the water source
and its water transmission and distribution system shall be developed in
conjunction with the subdivision approval process. Final inspection to the
residential structures shall not be issued until the approved water source is
developed and its transmission and distribution system for such source to the
subject property has been constructed. Residential building permits may be
issued for model home complexes, provided that such model homes will not be
occupied until the approved water source is developed.
M. The interior roadway requirements for the Kaupulehu Project District shall be
designed to resort standards as allowed by the Subdivision Code and as
represented in Section 3.3.1 of the applicant's Project District Application.
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N. Access(es) to the project site shall meet with the approval of the Departments of
Transportation-Highways Division and Public Works as follows:
1. If warranted, a fully channelized intersection improvements, including
but not limited to traffic lights and/or an overpass or underpass, shall be
provided meeting with the approval of the Department of Transportation
prior to initial occupancy of residential units gaining access from the
respective intersection. The cost of such improvements shall be borne
by the applicant to the extent of the project's projected traffic impacts
and may be credited to or deducted from the applicant's fair share
contribution for road and traffic improvements, as required under
Condition W.
2. A traffic monitoring program at the intersection of Queen Kaahumanu
Highway shall be submitted to and approved by the State Department of
Transportation, Highways Division, prior to receiving final plan
approval for any portion of the proposed development. If additional
intersection improvements such as a fully channelized intersection with
acceleration deceleration lanes, an under pass, or overpass, are required
as determined by the fmdings of subsequent monitoring and analysis, the
applicant shall provide the improvements to the extent of the project's
projected traffic impacts in conformance with the requirements of the
State Department of Transportation, Highways Division.
3. All internal roadways within the proposed development shall be
constructed in accordance with the Resort Standards or other applicable
provisions of the Zoning Code and the Subdivision Code.
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4. A roadway connection to the adjacent property along the southwestern
boundary shall be provided meeting with the approval of the Department
of Public Works.
5. No lots shall have direct access from the Queen Kaahumanu Highway
except through an access point approved by the State Department of
Transportation.
O. A detailed drainage study shall be prepared and submitted for review and
approval to the Department of Public Works prior to submittal of plans for
Subdivision and/or Plan Approval review of the residential, commercial and
golf courses subdivisions. The Study shall take into consideration the file
drainage system, retention basins and `reduced turf' design to be incorporated
into the golf courses. A drainage system for each phase of development in the
project area shall be installed meeting with the approval of the Department of
Public Works, prior to issuance of Final Subdivision Approval, a Certificate of
Occupancy or golf course opening, whichever occurs first.
p. An Emergency Prepazedness and Response Plan shall be submitted for review
by the Planning Department in consultation with the Fire Department and the
Civil Defense Agency prior to the issuance of a Certificate of Occupancy for
any residential unit. The plan shall be limited to a review of the emergency
roadway network and emergency contact people or association.
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Q. A Solid Waste Management Plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision
approval. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of Public
Works.
R. A wastewater treatment system shall be constructed to service the residential and
commercial developments meeting with the approval of the Department of
Health.
S. A fmal comprehensive public access plan, to be developed in consultation with
community groups and in accordance with applicable conditions of approval of
the Land Use Commission Decision and Order (Docket No. A93-701), shall be
submitted to the Planning Director and shall include mauka-makai and lateral
shoreline accesses, description of trail width and surfacing, parking area(s),
signage, emergency response considerations, restrictions on use (if any),
provision of recreational and restroom facilities at appropriate locations, and
related improvements. Implementation of the public access plan shall be
completed with the opening of the golf course.
T. 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.
This requirement shall be approved by the County Housing Agency prior to
Final Subdivision Approval of any portion of the residential area.
U. The Integrated Resources Management Plan dated June 1998 or any
amendments approved thereafter by affected agencies shall be made a part of
this ordinance as Appendix A. The implementation recommendations and
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management guidelines shall govern the use of the Coastal Planning Area and
other resources.
V. 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 State Department of
Land and Natural Resources-Historic Preservation Division (DLNR-HPD) and
the Hawaii Island Burial Council, if applicable, shall be immediately notified.
Subsequent work shall proceed upon an azchaeological clearance from the
DLNR-HPD and/or the Burial Council when it is found that sufficient mitigative
measures have been taken.
W. The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to fmal subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. The fair share contribution,
in a form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, shall be determined by the
County Council. The fair share contribution shall have a maximum combined
value of $4,645.29 per multiple-family residential unit and $7,239.16 per
single-family residential unit. Based upon the applicant's representation of
intent to develop up to 1,030 residential units, the indicated total of fair share
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contribution for 500 multiple-family residential units is $2,322,645.00 and 530
single-family residential units is $3,836,754.80 whichever is applicable.
However, the total amount shall be increased or reduced in proportion with the
actual number of units according to the calculation and payment provisions set
forth in this Condition W. The fair share contribution shall be allocated as
follows:
1. $2,291.39 per multiple-family residential unit for an indicated total of
$1,145,695.00 and $3,490.85 per single-family residential unit for an
indicated total of $1,850,150.50 to the County to support park and
recreational improvements and facilities;
2. $72.42 per multiple-family residential unit for an indicated total of
$36,210.00 and $168.40 per single-family residential unit for an
indicated total of $89,252.00 to the County to support police
facilities;
3. $222.77 per multiple-family residential unit for an indicated total of
$111,385.00 and $332.61 per single-family residential unit for an
indicated total of $176,283.30 to the County to support fire
facilities;
4. $99.29 per multiple-family residential unit for an indicated total of
$49,645.00 and $145.62 per single-family residential unit for an
indicated total of $77,178.60 to the County to support solid waste
facilities; and
5. $1,959.42 per multiple-family residential unit for an indicated total of
$979,710.00 and $3,101.68 per single-family residential unit for
an indicated total of $1,643,890.40 to the State or County to
support road and traffic improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
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percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
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 approval of the director. The cost of providing and
constructing the improvements required in Conditions M and N shall be credited
against the sum specified in Condition W (5) for road and traffic improvements.
For purposes of administering Condition W, the fair market value of land
contributed or the cost of any improvements required or made in lieu of the fair
share contribution shall be subject to review and approval of the director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements
X. Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified
Impact Fee Ordinance.
Y. Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the subject
property.
Z. The applicant shall comply with all other applicable requirements of the Land
Use Commission conditions of approval and a copy of the written
documentation of compliance with these conditions shall also be
_22_
submitted to the Planning Director.
AA. An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this Project District Ordinance.
The report shall address in detail the status of the development, the
number of units constructed, the compliance with the conditions of
approval of both this ordinance and the State Land Use Commission
conditions. This condition shall remain in effect until all of the
conditions of approval have been complied with and the Director
acknowledges that further reports are not required.
BB. Twenty (20) years from the effective date of the Kaupulehu Project District
Ordinance, the applicant shall submit an overall status report of the
project, including the percentage of the completed development. The
Planning Director shall also provide an assessment of the development of
the Project District and its compliance with conditions of approval for
transmittal to the Planning Commission for their review and
recommendation and then forwarded to the County Council for their
review and action.
CC. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area to
its original or more appropriate designation.
SECTION 4. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other pazts of this ordinance.
-23-
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY: ,
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: Decenber 23, 1998
Date of 1st Reading: March 17, 1999
Date of 2nd Reading: April 6, 1999
Effective Date: April 10, 1999
REFERENCE: Comm. 1051.25
APPROVED AS TO FORM AND LEGALITY
ORPORAT1
ISO/N,//COUNSEL
DATED: 7/ 11(
-24-
27,534.29 N
=o a,555. t 8 w
J4, 'gKAHIPUU' O °
ti~~a
.
OPEN TO
" o~~• /PROJECT DISTRICT
o Gross Area = 1117.700 ACRES
_ _ Less Exclusions = 39.066 ACRES
"-s.ss ' w-~ NET AREA = 1078.634 A RES
O ~ o
O
Y-1. RM-~
o ° ~
D
tM• LM-l
EXCLUSION 1
` ° 37.064 ACRES °
a~~ °
RM•/O
o
° EXCLUSION 2 °
$ FM_~ 2.002 ACRES 27,534.29 N
4,555.18 w
O ~AKAHIPUU~ D
o
eM •/O
O
O o
GQ7o Kailua
oueFn7
HIGHWAY To Waikoloa ~
KAAHUMANU
° 22.39 t .70 N
3.282.86 w
"AKAHIPUU" O ~ o
0
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25, (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM OPEN TO PROJECT DISTRICT AT KAUPULEHU, NORTH KONA, HAWAII.
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-2-03: PORTION Orr ~ OCTOBER 14, 19!
(KAUPULENU OEVELOPYENi
EXHIBIT "A'~
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
ROLL CALL VOTE
AYES NOES ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Datelntroduced: December 23, 1998 _ Chung X
First Reading: March 17 1999 Elarionoff X
Published: March 26, 1999 Jacobson X
Leithead-Todd X
REMARKS: 12/23/99 - Deferred Pisicchio X
Smith X
Tyler X
Yagong X
7 2 0 0
Second Reading: April 6 1999 ROLL CALL VOTE
To Mayor: April 7 1999 AYES NOES ABS EX
Returned: April 12 1999 Arakaki X
Effective: April 10 1999 - Chung X
Published: April 21, 1999 Elazionoff X
Jacobson X
REMARKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
6 3 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
M AND LEG Y:
c
EPUTY CORPORATION COUNSEL
COUNTY OF(H~A/IWAgII COU CIL CHAIRMAN
Date ~ 7~ / 7 /
UN LERK
~D
Approved/Desw~p+'eretf Nvis day
o~ t .IV99
BiIINo.: 332 (Draft 3)
OR, COU~N YOFHAWAI/ Reference: C-1051/PC-166
ord. No.: 99 4