Communication No. 2018-15- KCDP Amendment Recommendations

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C omm unication No. 2018 - 15 Project District process may then immediately resume upon favorable ap proval by the State Land Use Commission. 6) Development Agreement. Concurrent with or subsequent to the adoption of a project district ordinance, A a development agreement pursuant to Hawai‘i County Code may be used to memorialize reciprocal agreements amon g the several parties responsible for implementing the plan, including the County, and thereby vest the rights as set forth in the Development Agreement. 7) Planning Commission Review. Within sixty (60) days after receipt of the application from the Planning Director, unless a longer period is agreed to by the applicant, the Planning Commission shall transmit the proposed project district ordinance together with its recommendation thereon through the Mayor to the County Council. The Planning Commission shall should recommend approval in whole or in part, with or without modifications, or rejection of such proposal, based on the following criteria: a. Extent to which the master plan meets the intent and objectives of the Village Design Guidelines; b. Extent, inclusi veness, and mix of affordable housing; c. Feasibility of the infrastructure financing plan; d. Effectiveness of concurrency controls; e. Compatible linkages and relationships to surrounding areas; f. Effectiveness in optimizing and protecting open space within the den sity transfer area. 8) Rebuttable Presumption. The Planning Director, Planning Commission, and County Council shall review the TOD application with a rebuttable presumption that the project furthers the intent of Chapter 25 Zoning Code and is consistent with the goals, objectives, and policies of the County General Plan and Kona CDP, provided that the proposed location is generally consistent with the Official Kona Land Use Map and the master plan consistent with the Village Design Guidelines. This rebuttabl e presumption does not apply to a TND application since the general location of a TND has not been determined by the Kona CDP 9) Amendments. Amendments to the master plan shall be processed administratively by approval of the Planning Director, unless the ch anges are significant as determined by the Planning Director. Policy LU - 2.5: Village Design Guidelines . The Village Design Guidelines in Attachment B should be used as a guide apply to the development of master plans for 2018 - 03 - 13.KCDP.Amendment.Re port 16