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HomeMy WebLinkAboutORD 2021-002 2020-2022JtY 4F COUNTY OF HAWAII STATE OF HAWAII ORDINANCE NO. 21 2 BILL NO. 201 (DRAFT' 3 ) AN ORDINANCE AMENDING ORDINANCE NO. 05 113 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — FIVE ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL (RM -2.5) AT PUAPUA`AIKI I ST AND PUAPUA`ANUI 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 05 113 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (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: (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, its successors or assigns shall be responsible for complying with all stated conditions of approval. B. [Pfiof to the issuanee _-- — — — ".( — __�_�"__ _.... ... _.a}+. ..._av �.a, —.-- w .. —.—. vvalaJ.11111 a.1 V114 \.4V4.1 W"A& 111 cc aeeefdaftee with the atef Commitment Guidelines PEW) ti %P-11:4 A nQ p .7 AJLAAA%/%1'7 %1&".7 kjx.LWA1Lx the effiaefive date of this efdinanee. The .] Prior to the issuance of a water commitment by the Department of Water Supply (DWS),the applicant(s� shall submit the anticipated maximum daily water usage calculations as prepared by professional engineer licensed in the State of Hawaii to the DWS A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this amended ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. P C. Construction of the proposed development shall [be d] commence within five (5) years from the effective date of this amended ordinance and be completed within ten (10) years from the effective date of this amended ordinance. 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), [14awaii] Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. As represented by the applicant, the project shall be restricted to the use of rental housing only for a period of not less than 20 years from the issuance of a certificate of occupancy or final inspection as the case may be. Any change to this condition will require an amendment to the change of zone ordinance. E. appr-AuApd nviAr tA t ix %_Y v aed yA xei. Lo the isstta-neeaf Final Pha':JOLL An updated Traffic Impact Analysis Report (TZAR) or Traffic Assessment (TA) shall be submitted to the State Department of Transportation for its review and approval prior to issuance of Final Plan Approval. The updated TIAR or TA shall also take into consideration the project's impact on Puapua'anui Street and other signalized intersections within a mile of the Puai)ua'anui intersection. All accesses, including roadway and/or intersection improvements affecting State highways, shall meet with the approval of the Department of Transportation. F. The applicant, successors, or assigns shall improve the intersection at the principal access on the [14awaii].Hawai'i Belt Road at the north end of T.M.K. No. 7-5-17: 1 at the Pualani Estates Subdivision Road, including but not limited to, a deceleration and exclusive left -turn lane into T.M.K. No. 7-5-17: 1. Intersection improvements shall be as required by the Department of Transportation. The applicant shall pay for the cost of upgrading the traffic signal lights at the intersection of the [14waii] Hawaii Belt Road and the Pualani Estates Subdivision Road to accommodate 4 -way traffic meeting with the approval of the Department of Transportation. Said improvements[, nFluls" th"El JLALk4Li1L'L the Ptialani Estates Subdivision to Httalalai Rea ] shall be completed prior to the issuance of a certificate of occupancy [of non fesidenti stfuetufes of final Of] for any residential structures on the subject site. G. The applicant, successors, or assigns shall construct a right -turn deceleration lane and a right -turn acceleration lane at the secondary entrance located south of the -2- main intersection meeting with the approval of the State Department of Transportation, and any other improvements that may be required by the DOT. If DOT opposes the use of the second access to the commercial development, all access shall be from the northern access point. Otherwise, the southern access shall be limited to right -in, right -out movements only. Said improvements shall be completed prior to the issuance of a certificate of occupancy for non-residential structures or final inspection of any residential structures. H. The applicant, successors, or assigns shall be subject to the "Declaration Re Road Construction" recorded with the State of [14awaii] Hawaii Bureau of Conveyances on June 18, 2004 (Doc No. 2004 123556) and shall improve "Easement I" (spine road) or an alternative location approved by the County Department of Public Works to County dedicable standards with curbs, gutter and sidewalk improvements within a 60 -foot wide right-of-way meeting with the approval of the Department of Public Works, prior to the issuance of any certificates of occupancy for non-residential structures or prior to any final inspections for residential structures from Kuakini Highway to Lot 1, Sub 7814 (the frontage road lot). The applicant, successors, or assigns shall also complete the road connection from "Easement I " or an alternative location approved by the County Department of Public Works to the main project intersection, including bridging the floodway, to County dedicable standards, and from "Easement ["I1" to the southerly or Kuakini Highway project access to County dedicable standards, prior to the issuance of a certificate of occupancy for non- residential structures or final inspection for any residential structures. Should the approved location of the 60 -foot wide right-of-way spine road differ from "Easement I," the applicant shall take appropriate measures to amend the Declaration and Easement prior to its construction to assure access to all lots intended to be served by this Easement. I. Access to Kuakini Highway, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. An exclusive left turn lane and a right turn deceleration shall be provided at the "Easement F access road approach or at an alternative location approved by the County Department of Public Works. The access shall align with the opposing entry to Kahakai Estates Subdivision. Required improvements may include, but not be limited to, pavement and shoulder widening, pedestrian activated cross walk lights, drainage improvements and relocation of utilities. A system of drywells shall be installed to address existing local drainage on the mauka side of Kuakini Highway flowing to the proposed access approach. Said improvements shall be completed prior to the issuance of a certificate of occupancy for [* deiitial stf tiettif es of final. itnisppeetdkon efl any residential structures on the subject site. J. The main spine mauka/makai road within the proposed development shall be improved to County dedicable standards with curbs, gutter and sidewalk improvements within a 60 -foot wide right-of-way and if accepted by the County, -3- a bike path, prior to issuance of a certificate of occupancy or final inspection. [The] Prior to any sale or transfer of ownership in the -property, the applicant shall provide necessary easements for road and drainage in favor of T.M.K. No. 7-5-17: 1 so that the property can be developed independently of T.M. K. No. 7-5-17: 19. Additionally, prior to any sale or transfer of ownership in the property applicant shall secure all necessary easements for road and drainage over T.M.K. No. 7-5-17: 39 to allow access to Hawaii Belt Road. The applicant, its successors or assigns shall convey its interest in the [ease en ] easements and all improvements therein to the County upon their completion. K. Install streetlights, signs and markings meeting with the approval of the Department of Public Works. A 4 A) eleafanees and/of appfavals shall be JXAA%.,L b%X.L%%7 LY.L"'Ll"geffiefit L tirried pffrief to the tssiianee eeting the A e land disttifbaneepermit Afr eovefed by the w .7 %IXA%TV Ofk within the "AE" zone of the eeffeeted eff-eetive base fleed njAi:". T -LP A:Mnlieant shall eenstfttet all neeessap, �Jrnir - - . rnn the flead %eJhLA"anLj.AnL%e1 pfief to the isstianee of a eeAifieate of oeetipane 4qA1 of:4nu *denfial stftiettifes of a eeflifieate 0 f Oe..'.effllpaney or- fLi..L.L".L '_'.L L4.Lt.7 idential stftietuf c. ] A drainage study shall be prepared by a professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works for review and approval prior to issuance of Final Plan Approval. All development plans, drainage studies, and other related documents shall reflect the September 291 2017 FIRM or most recent FIRM. Improvements in a floodplain will be subject to the requirements of Chapter 27 (Floodplain Management) of the Hawaii County Code. Drainage improvements recommended in the drainage study shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy for non-residential structures or final inspection of any residential qtr1jV.tnrPLq M. The proposed flood channel shall be maintained in private ownership and a maintenance program for the channel shall be submitted to the Department of Public Works for [theif] its review and approval. N. No residential structures shall be constructed within areas designated "AE." "AEF," or ["shaded" one "X9 "XS" by Flood Insurance Rate Maps (FIRM) as amended by any applicable LOMR. Restrictive covenants in the deeds of all single family residential lots shall give notice of the terms of this rezoning condition. No single-family residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. If appropriate, a copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning M Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. O. A National Pollutant Discharge Elimination System (NPDES) permit and an Underground Injection Control (UIC) permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. P. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Q. The applicant shall perform an engineering study to determine if the sewer line has adequate capacity to handle the proposed flows. If the offsite sewer line does not have adequate capacity, the applicant shall be responsible for necessary improvements. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. R. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. S. A Data Recovery Plan and/or an Archaeological Preservation and Burial Treatment Plan, if required, shall be submitted for the review and approval of the [PlAnni:na it, � S , eenultation wit the] Department of Land and Natural x L".tXAAAxA5 Resources — State Historic Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the burial sites, within the subject property shall be approved by the SHPD's [tai] Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Preservation and Burial Treatment Plan shall be submitted to the Planning Director for its files prior to submitting plans for Final Plan Approval review or prior to the issuance of any land alteration permits, whichever occurs first. S nlAtf'offfl T. [Should any femaifts of histefie sites, stteh as feek walls, teffaee, I/J."LAN-IIAXAAS> 'hell eeneentfa4iens of human bttfials be eneountefed, w0fk in the immediate afea shall eease and the 1.) enpafttfnent of Land a-nd Natufal Resour-ee State Histafie Pfesefvafion DivisiEllfal (DALIP11R S14ND) shAW&JAIA. be imm notified. Subsequent wafk shall tippo:ia an. afehaeeloaie..ad eleafanee ffem DhNR SHPD when it finds that suffleient fnifigativeta tmeasufes have been takend In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.),., cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the -5- immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651 Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Within siHKty ays Af the identifieation of the L eeei v Lflg a eney Ar ent dfaft of an agfeement feflLHa..et,1i:nLLg the tefms otiflined. in this ofdinanee shall be submitted to the G-0-HUMAFY Couneil fof its fe I Annvpual- 4 I Q Q:h As fui4hev napresented bu tLiQ AnnjipAnttLQ f4nnjieant siieeessofs, LJAX"11i IL ) Pr,40r,- to the issuanee of a buildi—b r�� axlit fef any tve'si J'Qfl idential Of eommefe stfuettifes on the "slabje'eut Sitvtali A.). Subdivide and dedieate of eattse the dedieation e 5 aefes of lafid within T.M.K. 7 5 17.! 19 and/of T.M.K. 7 5 17; 23 fef a sehool '4 11 n4lWio- 0-LAripr-. site to the State DOE of a DOE eeftified,.L-"L.L..' 7 ",LJL%.4 J" ffOVide the ffee%.Lj""JL VXJL%X.X%.........L. ehieulaf aeeess and utility syste .Y .-Hiffastfuetufe to the site ineluding vehielll nvig%f and 2 to the isstianee of a Ceffifieate ef"eeupaney fbv -L LwL fesidefAial n site laiid impfovements f;af stfuetufes on th%e, stibljeet site, make the neeessa.py 0.,X., ",LL%w ,ar-ound Eff ea, as well as eonstfuet of eause th the sehool and assoeiated P.I.A.F. A WX e-anstftietio.n A: f 1", p t 66 0 Ow , 000 of buiL.1%difit Of- stfuettifa.1 i.mPr.-.-..ve e ts --. —Liffly fRU t tt %agreed to between tLia Ani3 .7 L,%J AJL ..heant and the feeeiving ageney--orL- taltn4ittly .7 Afa se-hool priof to the These itnpf:ovements af..e tdtesialfied to f4eilitate the. oeettPc-ffley f fflP r ve , ....Sidential stfuetufes on the/ Sttbje..et pfope As represented by the applicant, the applicant, successors or assigns shall subdivide and submit for dedication, five (5) contiguous acres of land within TMK: 7-5-017: 023 to the County of Hawaii for a parkor any other public use as may be deemed appropriate by the County prior to issuance of any building permit affecting TMK: 7-5-017: 001 or 019. [U]V. 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 be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to M 10 MLIRM M "I, UMMMS-MMIM "M MM I OWN MMM 1 M W• N M LILZMA emsevaosmaLSAWSK4146 K%7 P.M P.4 "I AV OILVMWLV9=118LWMKWLWA EWAILWA EEMWAM NO @ff%MM1WJ6 LWALWA�B MIL�Oaee =8&WAMI*g • 8 LWAWA�SE t-0 46MI100 0 10G&`AMW 80 BIWA &VAL'ALLM28H Va WAWA ranp. M-W-"W%W-MM* so a An PRIME L" MR 4 0 UP M 8 91r a 0 8 5 VA 1LVALALWJ 0 8 mosseemeng 9 ORION LMS WEEMS &WA 6 4 R%M1 9 0 ILWA M '�WMALWA M BILBAO. 4 IN MIN 8L"=%1WJO &W�LWAMW NLWLVA 8 MMI 6 90 4 8 Me VA,-ALV2MA 2 ft]L-MaLVmW &V2 am as Begot It B SM To - MIR -4 0 % qLA1 Within siHKty ays Af the identifieation of the L eeei v Lflg a eney Ar ent dfaft of an agfeement feflLHa..et,1i:nLLg the tefms otiflined. in this ofdinanee shall be submitted to the G-0-HUMAFY Couneil fof its fe I Annvpual- 4 I Q Q:h As fui4hev napresented bu tLiQ AnnjipAnttLQ f4nnjieant siieeessofs, LJAX"11i IL ) Pr,40r,- to the issuanee of a buildi—b r�� axlit fef any tve'si J'Qfl idential Of eommefe stfuettifes on the "slabje'eut Sitvtali A.). Subdivide and dedieate of eattse the dedieation e 5 aefes of lafid within T.M.K. 7 5 17.! 19 and/of T.M.K. 7 5 17; 23 fef a sehool '4 11 n4lWio- 0-LAripr-. site to the State DOE of a DOE eeftified,.L-"L.L..' 7 ",LJL%.4 J" ffOVide the ffee%.Lj""JL VXJL%X.X%.........L. ehieulaf aeeess and utility syste .Y .-Hiffastfuetufe to the site ineluding vehielll nvig%f and 2 to the isstianee of a Ceffifieate ef"eeupaney fbv -L LwL fesidefAial n site laiid impfovements f;af stfuetufes on th%e, stibljeet site, make the neeessa.py 0.,X., ",LL%w ,ar-ound Eff ea, as well as eonstfuet of eause th the sehool and assoeiated P.I.A.F. A WX e-anstftietio.n A: f 1", p t 66 0 Ow , 000 of buiL.1%difit Of- stfuettifa.1 i.mPr.-.-..ve e ts --. —Liffly fRU t tt %agreed to between tLia Ani3 .7 L,%J AJL ..heant and the feeeiving ageney--orL- taltn4ittly .7 Afa se-hool priof to the These itnpf:ovements af..e tdtesialfied to f4eilitate the. oeettPc-ffley f fflP r ve , ....Sidential stfuetufes on the/ Sttbje..et pfope As represented by the applicant, the applicant, successors or assigns shall subdivide and submit for dedication, five (5) contiguous acres of land within TMK: 7-5-017: 023 to the County of Hawaii for a parkor any other public use as may be deemed appropriate by the County prior to issuance of any building permit affecting TMK: 7-5-017: 001 or 019. [U]V. 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 be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to M receipt of Final Plan Approval or [within five yeafs from the effeefive date of this %0- 14 An ".a a %if zone ofdinanee, whiehevef oeettfs fifst.] Final Subdivision Approval. The fair share contribution for each lot or unit shall be based on iffn ,d%efflLL-"Qi1Vy �af eaeh lot as detefmined by the nX zone] the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of [$6,206. ] $9,645.17 per _ M5,,030.92 per single-family_ multiple family residential unit [1 :44}] 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: A jI I [LSW .3.1 , AW W6 IS- .2''] $4,757.69 per multiple family residential unit ([$W-4Wq4%A6Y3'.74 $7,248.17, per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$96.75] $150.37 per multiple family residential unit ([$224.98] $349.65 per single family residential unit) to the County to support police facilities; [$297.62] $462.54 per multiple family residential unit ([$444.36] $690.61 per single family residential unit) to the County to support fire facilities; 4. [$132.65] $206.16 per multiple family residential unit ([$194.55] $302.36 per single family residential unit) to the County to support solid waste facilities; and 5. ILSV296-17.7-71 $4,068.41 per multiple family residential unit ([QJ,' Al $6,440.12, per single family residential unit) to the County to support road and traffic improvements. 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. Improvements to the drainage as it crosses under Kuakini Highway, the road improvements at the Kuakini Highway intersection, and the mauka/makai spine road up to the entrance of the proposed rental housing project shall be credited against the road fair share. [Relative to the f I - ;',fits faf the seheal as audined in Condition 1-115 tt-h%e -,V%altie of land w-hieh sh.,L.All be, based on the --lurehase eost of the Applie-Ant the Pef aefe 1. %,§.X I -I LA."J %I L.X� east of the infiastfuetur-.e. (f-Offid ci -7- -- ---J , -- ...- -- 1vVl ValLl Vil 1.L111 6jXXL1LLV %-JX fRARA4 rL-%el j1pitaffLk and feefealian faif ShAfia LL"te, faf TACK. 7 5 17: 23 and 26.] The value of the five (5) contiguous acres of land to be dedicated to the County shall be credited against the park and recreation fair share. This condition shall not qpply,to any housing units constructed within the subject property to meet the affordable housing requirement in Chapter 11 (Housing), Section Hawaii County Code, and so certified by the County Office of Housinand Community Development, excluding any units constructed for excess housing credits. [V]W. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [W] X. --- .....j..+-+++..+«.. -� -I-- -- ---r-j JL t-/ JL -L "F L"1 1 X Ai4iele 1, Hawaii Geuntv C-A'J'Q V-PlAtin" to Aff-efdable Heulsi:fllrex Poliev Th 5 X %J I A %.1.7 . I I I a&fdable housitabaplan Allqina A 44PPO-44 'vJL%AXX Shall be appfeved by the County I ' Pffaf to fitial subdivision appfaval of fiifial pil"Afa "AppFfeval AANPhe L",, Miiehevef eeettfs fif st. The ient shall be met bythe p, t-1.7 L,,L-L%-' FJ of a&fdable he site and not b -P, 11,zQ 1:�f-:4nu A'W'fdable hA4 �4Q aenefated off-site o'. b%f Lu Anu lieu fees. Fufthef, as fepfesented by the applie-ant, a minimufn of tvlze':Rt:% , (2-004A %'& %-'.y &x -L%-/ "FF"' "'A A .7 k pefeent ef the units will be fented at the 800 of less than fnedia-n ineaffle level and the tLia 120-07,; of less than fnedian ineeme level. A&fdable LA11QinCX he efedits in exeess of the b iifement outlined it.:R Gh"Aptef I I , Aftiele 1) Hawaii County iG%A-1%d%e' shall be efedited to the ap-1—ant its sueeessefs of 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, Hawai'i County Code relating to the Affordable Housing Policy. Compliance shall be memorialized in an affordable housing agreement which shall. be approved by the Administrator of the Office of Housing and Community, Development prior to Final Subdivision Approval or Final Plan Approval, whichever occurs first. The housing requirement shall be met by the provision of affordable housing onsite and not through use of any affordable housing credits generated off site or by any in -lieu fee. Further, as represented by the applicant, a minimum of 20 percent of the affordable units shall be rented at 80 percent or less than the average median income (AMI), and the remaining units at 120 percent or less than the AMI. [X]Y. The subject property shall be considered part of a future Neighborhood Transit Oriented Development (TOD) site. In 1. - Prior to issuance of Final Plan Approval or Final Subdivision ADDroval a Conceptual Master Plan (Plan) incorporating the subject property and the adjoining_ property identified TMK: 7-5-017: 001 shall be developed to include a mix of permitted uses and density, transportation systems, including street layout and standards, transit routes and facilities, bike and pedestrian pathways, village center public facilities, if any, infrastructure requirements and timing, neighborhood park and public space standards, and a phasing plan. The Village Design Guidelines within the Kona CDP should be used as a guide to the development of the Conceptual Master Plan for the TOD. 2. Within sixty (60) days of the Planning Director's acceptance of the Conceptual Master Plan, consisting of confirmation that the Plan includes the minimum requirements articulated in subsection I above, the Kona CDP Design Center shall review and provide recommendations to the applicant with regard to consistency of the Plan with the Village Design Guidelines and other components of TOD development contained in the Kona CDP. Said recommendations shall be provided to the applicant for its consideration for modification, if needed. The Plan, as may be modified, shall be used as the basis for the submittal and subsequent review of all plans for Plan Approval. [Y]Z. An annual progress report shall be submitted to the Planning Director and County Council prior to the anniversary date of enactment of this amended ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning, Director acknowledges that further reports are not required. [Z]AA. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 0-r-WO.W-WWZT - Z C "I C W—M—M WO&W.". U."W"W"ETWINIIINW! RM MIIM INS LMMM WA�M! WWA 0 0 OCIR 4 Oa.WLWJWOZ 01I ELM 6 0 0 LWA OIL -AV ISO 1-%Jiqq • W1011. VNITUP"IfF.R. 1FROMMI MWEP"Wn r. • -"WWWW YINES 15 W NC • M 3MM-WWRT W NOMMI W. Tax I V WI a WAWM 0-TRIMM" MON tZ b W.W.-I "ZOWO.W. MID&WAMNEL IL RGRW�KAM W I MKIEW P.M I U.NWIN•M.F."FO.W. A"a"NEW04 W—VAILWAMM W Well WW"Itij Wyj OCR 9 9 -5-. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Leeward Planning Commission and County Council for appropriate action. [BB]CC.Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 3. [in the event that any poftion of this ofdinanee is deelafed inval invaliditushall not affeet the othef pafts of this efdinanele]Severability. If any provision of this .7 "jL.L"1A XA ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. 14i In , Hawai'i Date of Introduction: October 21, 2020 Date of I st Reading: November 18, 2020 Date of 2nd Reading: December 23, 2020 Effective Date: January 8, 2021 REFERENCE Comm. 1078.5 INTR ED BY: C Z' OUN IL MEMBER, rOUNTY OF HlbkAPI -10- RM -5 RS -7.5 RS -15 A -la RS -7.5 R X"i 5 RM -5 A -5a I ul A -5a A -5a AGRICULTURAL (A-54) IDE01AL (RM -2.5)1 A -5a _m- RV, 5 14.87 Acs, r I E Queen Kaahurnanu Hwy, A-5a:'Kuakini Hwy. A -5a RM -5 Oil. A -U A -5a I A- 10 RSfia.t 040 Mn a A -5a iil it 1 11 A// N, R -1[is I f ?It'RS-i4 RSA -7d A -5a X A -la ►o� - 1 -l. t- f sill o 578,53 N RS110 P 2, "o. Ak877.36 E 0 " 'oa S"f RS -101 r L KA HELO 5 -R 4. -7 III RM K' Ornjjc) rst f cq RS-f\U\" CV -10 al f A -5a e I RS -10 I I iR RM -4 RM.1. Ai RM -2 RS -7.5 CV -7.5 FCV-7,s ..) 890 445 0 890 1.780 2V0 60 4450 =� � - - lomwft� 0eet AMENDMENT T O THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO MULTIPLE -FAMILY RESIDENTIAL (RM -2.5) AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-5-017.019 FOR. REFERENCE ONLY Date: September 29, 2004 tql fri7ni v INA / I 1 0-1 1 rlo\ OFFICE OF THE COUNTY CLERKt'-' County of Hawaii Hilo Hawaii Introduced By: Ashley L. Kierkiewicz (B/R) Date Introduced: October 21, 2020 First Reading: November 18, 2020 Published: December 4, 2020 REA1LARKS.-Postponed: November 6, 2020 Postponed: November 18, 2020 Second Reading: To Mayor: Returned: January 8 2021 Effective: January 8, 2021 Published: Tarniary 22. 2021 December 23, 2020 January 4, 2021 REMARKS: Tyra f t 9 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 9 0 0 0 T) -r;:; f t - ROLL CALL VOTE AYES NOES ABS EX Chung X David X Inaba X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. r COUNCIL CH A., �proveisapproved this ''r day of "Te -A �J�.tr`/ , 20_. COUNT RK 1.2 aegQ, MA YOR, CO UNTY OF HA WAI `I Bill No.: 201, Draft 3 C-1078.5/PC-58 Reference: Ord No.: