HomeMy WebLinkAboutBIL 011 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 09 132 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 3 ACRES (A-3a) and OPEN (O) TO PROJECT DISTRICT (PD) AT KA‘Ū, NORTH KONA, HAWAI‘I, COVERED BY
TAX MAP KEY: 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 09 132 is amended as follows:
“SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 [(2005 Edition)] (2016 Edition, as amended), 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:
Protection of the public from the potentially deleterious effects of the proposed use, or
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, or amendments thereof.
C. The term ‘occupancy’ in this amended ordinance means the same as defined in Section 25-2-46(c) of Hawaiʻi County Code, which states: “Occupancy means (1) the issuance of a certificate
of occupancy for a commercial, multi-family, industrial building, hotel or other structure requiring a certificate of occupancy; or (2) the issuance of a building permit for residential
buildings that do not require a certificate of occupancy; or (3) final subdivision approval for subdivisions where dwellings are allowed, but dwellings are not being constructed before
sale of any lot.”
[C.]D. The applicant shall provide a revised Water Master Plan to the Department of Water Supply that correlates the necessary water system improvements with the proposed phasing of
the development’s Regulating Plan. 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
Hawaiʻi dated June 15, 1999] Water Agreement between Palamanui Global Holdings LLC and the Water Board of the County of Hawaiʻi dated August 7, 2013, or amendments thereof.
[D.]E. The project shall consist of a maximum of 695.282 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.]F. The maximum number of residential units allowed shall be 1,116 units, including the on-site affordable housing units.
[F.]G. The maximum number of hotel rooms shall be 120.
[G.]H. Commercial spaces for medical, office, retail, classrooms and health related uses and hotel shall be limited to 72.08 acres.
[H.]I. Active and passive parks (Open, Park and Preservation) shall be developed on a minimum of 177.8 acres. A "Constraints Area" which includes the approximately 55-acre dry forest
preserve, archaeological sites/cave and park areas, shall be set aside in the project area.
[I.]J. 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 a golf course and related facilities. Uses
allowed by Use Permit in the CV district may be allowed.
[J.]K. [A detailed Master Plan of the Project District, which includes the location and number of residential lots and units, hotel, commercial uses, parking, golf course, 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.] The applicant shall develop the project and its infrastructure consistent
with the Master Plan known as the “Regulating Plan” contained in Exhibits A-1 through A-11, and Table 4, 8, 9, and 12 of the Application. Within ninety (90) days of the effective date
of this amended ordinance, the Applicant shall provide to the Planning Department two hard copies and one electronic copy of the Regulating Plan marked FINAL, with the following changes:
Revise the phasing plans, project street types, roadway cross sections, and thoroughfare assemblies (Exhibits A-5 through A-11) of the Regulating Plan to reflect the road right-of-way
width, roadway improvements, road