HomeMy WebLinkAboutCOM 0699.002 2002-2004 Westpro Development, Inc. ~ R[f:ElVl~ ^
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Planning Commission Proposed Conditions bay
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A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Within three years from the enactment of the ordinance the applicant shall provide
assurance satisfactory to the Department of Water Supply and the Planning
Director, upon consultation with the Department of Health and the Deparhnent of
Land and Natural Resources, that a water source(s) of sufficient quality, quantity,
and related transmission and storage system can be established. The effective
date of this ordinance shall be the date on which the Planning Director has
certified such assurances to be satisfactory.
C. The actual development of the water source and its water transmission, storage,
and distribution system shall be developed in conjunction with Final Plan
Approval or Final Subdivision Approval, whichever occurs first. In lieu of actual
construction of these improvements, the applicant may enter into an agreement
with the County to assure that the infrastructure improvements will be constructed
together with appropriate bond, surety or other security deemed acceptable by the
County. Upon execution of such agreement and/or filing of the security with the
County, Final Plan Approval or Final Subdivision Approval shall be granted prior
to the actual construction of required improvements, provided further and final
approval of any residential structures shall not be issued until the approved water
source is developed and its transmission, storage, and distribution system for such
source to the subject property has been constructed and accepted for dedication to
the Water Board.
D. The proposed dwelling units shall not exceed the number of units of water that are
available and have been committed to the subject property by the Department of
Water Supply or other approved water source. Any further development shall
occur only when sufficient County water becomes available by construction of
on- and off-site water system improvements. All water system improvements
shall meet with the requirements of the Department of Water Supply prior to
issuance of [ ,
oat] the Certificate of Occupancy for any residential unit.
E. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance. Lot boundaries of the new lots
created by any subdivision shall be consistent with zoning district boundaries to
avoid split-zone parcels.
F. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to construction, the
(Submitted by Bill Ploore) Comm. No. ~GT7.~i _
Ref. To: Pnwnt~0
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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 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). The applicant shall include native species
among the plants used for landscaping.
G. All driveway connections to Kakahiaka Street and Homestead Road shall conform
to Chapter 22, Streets and Sidewalks, of the Hawaii County Code.
H. The applicant shall construct the extension of Kakahiaka Street through the
subject property (TMK: 7-3-10:3) as a 50-foot wide street to dedicable standards
with concrete curb, gutter and sidewalk improvements alone one side of the
road. The road[s] shall be constructed in the manner specified by the Department
of Public Works and shall be on an alignment meeting the approval of the
Planning Director in consultation with the Department of Public Works. The
applicant shall construct all improvements and dedicate them to the County upon
request.
I. To reduce potential impact to residents in Kona Palisades and Kakahiaka Street,
occupancy of the project shall not be allowed until the connection of the Lokahi
project (TMK: 7-3-10:48) to the Midlevel Road (a street connecting to
Ka'iminani Drive, from the south, makai of Kona Palisades subdivision) and the
construction of the Midlevel Road from the Lokahi project to Ka'iminani Drive,
has been constructed. In lieu of this condition, the applicant may improve
Homestead Road from the north boundary of TMK: 7-3-10:3 from the
intersection of Kakahiaka Street to alignment of Midlevel Road to Ka'iminani
Drive. The roads and connections shall be constructed in a manner meeting with
the approval of the Department of Public Works and on an alignment meeting
with approval of the Planning Director in consultation with the Department of
Public Works, Traffic Division, prior to occupancy of the project.
J. Install streetlights, signs, and markings meeting with the approval of the
Department of Public Works, Traffic Division.
K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation
control, of the Hawaii County Code.
L. 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 Final Plan
Approval. Any drainage improvements shall be constructed meeting with the
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approval of the Department of Public Works, prior to the issuance of a certificate
of occupancy.
M. An archaeological Data Recovery and Preservation Plan shall be submitted for the
review and approval of the Planning Director, in consultation with the Department
of Land and Natural Resources-State Historic Preservation Division (DLNR-
SHPD). [c:.e ~zn ~ z ,,.,a c:«e ~zn, n~ All site(s) identified for areservation in
the inventory survey shall be included within the preservation plan. A copy of
the approve Final Archaeological Data Recovery and Preservation 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.
N. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
State Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon and archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
O. The applicant(s) comply with all applicable laws, rules, regulations and
requirements of other affected agencies, including the Department of Public
Works, Department of Water Supply and Department of Health.
P. The applicant shall pay its fair shaze contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and maybe
increased or reduced proportionately if the lot counts are adjusted. The fair share
contribution shall be come due and payable prior to receipt of Final Plan
Approval or within five (5) years from the effective date of this change of zone
ordinance, whichever occurs first. The fair share contribution for each lot based
on a maximum density for each lot as determined by the zoning resulting from
this change of zone. The fair share contribution in form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution maybe adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair shaze contribution shall have a maximum
combined value of $6,206.06 per multiple family residential unit. Based on upon
the applicant's representation of intent to develop a total of one hundred (100)
multi-family residential units. The indicated total of fair share contribution is
$620,606.00 for the multi-family residential units. 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 P.
The fair share contribution shall be allocated as follows:
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1. $3,061.27 per multiple family residential unit for the 100-unit multi-
family development for an indicated total of $306,127.00 to the County to
support park and recreational improvements and facilities;
2. $96.75 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $9,675.00 to the County to support
police facilities;
3. $297.62 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $29,762.00 to the County to support
fire facilities;
4. $132.65 per multiple family residential unit for the 100-unit multi-family
development for an indicated total of $13,265.00 to the County to support
solid waste facilities;
5. $2,617.77 per multiple family residential unit for the 100-unit multi-
familydevelopment for an indicated total of $261,777.00 to the State or
County to support road and traffic improvements.
The Fair Share requirements as contained herein shall be waived for the
proposed residential development upon the following:
a. That, as represented by the Applicant. 100% of the residential units
constructed within the proiect area shall be sold at prices affordable
to residents of the County of Hawaii earning no more than 140% of
median income at the time of development. More specifically, the
units shall be within the then current Affordable Sales Guidelines as
established by the Department of Housing and Urban Development
for a family of four earning no more than 140% of the County of
Hawaii median income;
b. That a minimum of 75% of the units shall be made available to
owner-occupant buyers in accordance with Part VI, Chapter 514,
HRS, related to "Sales to Owner-Occupants"; and
c. That the Applicant shall submit evidence to the County Housing
Agency that the sales prices were within the Affordable Guidelines as
established above.
Should the residential unit price exceed the then current Affordable Sales
Price Guidelines, the Fair Share requirements shall be come immediately due
and payable.
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Q. The applicant shall contribute to the development, funding, and/or construction of
school facilities, on a fair-share basis, as determined by and to the satisfaction of
the State Department of Education. Terms of the contribution shall be agreed
upon in writing by the applicant and the Department Education prior to obtaining
building permits for any area of the development. A copy of this agreement shall
be filed with the Planning Department.
R. Project residents shall be allowed to use the park site being developed as a
condition of the Lokahi Subdivision upon acceptance of dedication of the park
by the County of Hawaii.
S. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,
a. As represented by the Applicant, 100% of the residential units
constructed within the proiect area shall be sold at prices affordable
to residents of the County of Hawaii earning no more than 140% of
median income at the time of development. More specifically, the
units shall be within the then current Affordable Sales Price
Guidelines as established by the Department of Housint and Urban
Development for a family of four earning no more than 140% of the
County of Hawaii median income;
b. That a minimum of 75% of the units shall be made available to
owner-occupant buyers in accordance with Part VI. Chapter 514,
HRS, related to "Sales to Owner-Occupants"; and
c. That the Applicant shall submit evidence to the County Housine
A2encv that the sale prices were within the Affordable Guidelines as
established above.
Should the residential unit price exceed the then current Affordable Sales
Price Guidelines, the applicant shall comply with the requirement of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy[ed
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T. 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 shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
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U. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of this ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval are being complied with and sales records for the project identifying
amount units were sold for and proof that units were sold to owner-occupants.
The annual report shall also provide documentation satisfactory to the Planning
Director to evidence the actual sales price of the units sold. This condition shall
remain in effect until all of the conditions of approval have been satisfied and the
Planning Director acknowledges that further reports are not required.
V. An initial extension of time for the performance of conditions within the
ordinance maybe 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(s), its 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 change of zone.
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 maybe extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
W. 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 tp its
original or more appropriate designation.
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