HomeMy WebLinkAboutCOM 0062.001 2008-2010BRENDA J. FORD
Council Member
Council District 7-Central Kona
Hawai `i County Council
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Huwai'i 96740
DATE:
TO:
FROM
RE:
January 5, 2009
J Yoshimoto, Chairman
And Members of the Hawaii County Council
Brenda J. Ford, Council Member ~,.-.ems G% j~1~--
Phone: (808) 326-5684
Fax: (808) 329-4786
Email: bford@co.hawaii.hi. us
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Proposed Amendments to Bi11322, Draft 2, Which Amends Section 25-8-3 (North Kona Zone
Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition)
Submitted for the Council's consideration are a series of proposed amendments to Bi11322, Draft' 2. A
description of the proposed amendments are in Ramseyer format to show the proposed changes to Bi11322
Draft 2. A draft copy of Bi11322, Draft 2, is attached. Bolding was retained for illustrative purpose only.
The proposed amendments aze as follows:
1. Correct spelling and conform to Hawaiian diacritical marks within section 1 on Page 3 and section 2, H
on Page 6
2. Condition C is amended to read:
C. "[d~-e-] The applicant shall provide a recreational area of at least 5,000 square feet at the
Naniloa Street end of the proposed subdivision, which shall be maintained by the proposed
subdivision's owners' association [ Additionally. the
applicant shall provide the recreational area with its own water meter and adequate
water to serve park visitors, and support grass and landscaping. This recreational area
shall not diminish the applicant's commitment to provide additional recreational areas or
minimum of a three-acre, public neighborhood park sufficient in size and quality to
create a nlaying Geld for team snorts such as baseball, football, and/or soccer on another
parcel of land within one-quarter mile of this proposed nroiect at the sole discretion of the
Department of Parks and Recreation, and an additional two acres of mews on the same
parcel as the three-acre, public neighborhood park. The mews may be private nark area
and shall be owned and maintained by the owner's association."
Comm. No. Ga. /
Serving the /nterests ofthe People of Ourlsland Ref. To: Ll/74
Hawaii County is an Equal Opportunity Provider and Employer Ref. Dafie C T
3. Condition H is amended to read
"The applicant shall provide road and traffic improvements as follows
Alternative 1: Construct a new alternate access road from ~Alii] Ali`i Drive to the
project through currently vacant property to the west or south, meeting with the
approval of the Department of Public Works. The road may be constructed as a minor
or local street and may allow direct access from individual lots, and shall be dedicated
to the County upon completion. It shall include a dedicated left tum lane at the [A-}ii]
Ali`i Drive intersection. The road shall connect with a street in the project that provides
a further stubout to the adjacent property to the south (TMK: 7-8-010:004). All
construction required in Alternative 1, herein shall be completed before final
subdivision approval for the first phase of the proposed proiect, or
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Alternative 2: Provide concrete curbs, gutters, sidewalks, and appropriate
drvwells for drainage control from the proposed development along one side of
Naniloa Street to Oueen Kalama Street and then from Naniloa Street alone the
south side of Oueen Kalama Street to Ali`i Drive. These improvements shall
include any necessary pavement widening retaining structures, signs, traffic
markings, and streetlights, drainage improvements, and relocation of utilities
meeting with the approval of the Department of Public Works. All construction
required in Alternative 2. herein shall be completed before final subdivision
approval for the first phase of the proposed proiect."
4. Condition I is amended to read:
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Within the proiect area, the applicant shall provide:
(1) A connection to Naniloa Street to the north.
(2) One road stubout to the adjoining property to the south (TMK: 7-8-O10:OQ41.
This stubout shall be sufficiently mauka in the proposed subdivision to avoid
the Historical Preserve Area on TMK: 7-5-010:004. This stubout shall
eventually connect to a mauka-makai connector road within TMK: 7-8- '
even if insufficient water commitments are available to complete the entire
ro'ect.
(3) One stubout to the adjoining property to the west (TMK: 7-7-008:001).
(4) Construction of curbs, gutters, appropriate drvwells, and sidewalks for all
streets within the proiect which shall meet the requirements of the Department
of Public Works.
(5) Anv streets and stubouts within the proposed proiect that are Hart of a route
completion; and
(6) Install crosswalk(s) as determined by the Department of Public Works"
5. Condition L is amended to read:
"The proposed subdivision shall connect to the County sewer system. Anv new
sewer extension to the public sewer system requires the submittal of a sewer
study by the applicant to the County of Hawaii, Wastewater Division (COH-
WWD). The sewer study is intended to define the wastewater flow
contribution from the proposed site, evaluate the impact to the existing sewer
system, and propose an appropriate sewer extension alignment based on the
results of the sewer study. The sewer study shall be prepared in accordance
with the City & County of Honolulu Design Standards. Design plans for
construction of a proposed sewer extension shall also be submitted to the COH-
WWD for review and approval. Documents shall be prepared in accordance
with Hawaii County Code, Chapter 21 -Sewers, Hawaii Administrative
Rules, Title 11, Chapter 62 -Wastewater Systems, and COH-W WD Sewer
Standards."
6. Condition T is amended to read:
"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 Policy. Prior to final subdivision
~proval, applicant shall have entered into an aereement with the Office of
Housing and Community Development for satisfaction of its requirement under
chanter 11 and shall have provided security to the county. which security shall he
of its affordable housine requirement. "
Condition U is amended to read:
"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 [ Dhi~=++~+h° ^'~ « „A.,ti,. ,.F 41.,. Dl Tl•
a .r 6 e~
upon consultation with the appropriate agencies and approval of the County Council.
The applicant shall receive a credit against the fair share contribution required for road
and traffic improvements outside of the aroposcd subdivision in the amount of the
costs of construction [~t~- _M M..V--47V„ ^..d 1..r4 4..„.. 7 ....... ., k A 1~~ 7~ ~•
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......~.-n.~:,z-.-a° -~~.,=.J as described in
Condition H. herein."
BJF/dkr
Att.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - 5 ACRES (A-Sa) TO SINGLE FAMILY RESIDENTIAL - 7,500
SQUARE FEET (RS-7.5) AT KAPALAALAEA 2ND, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY: 7-7-008:121.
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 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following azea situated at Kapalaalaea 2"d, North
Kona, Hawaii, shall be Single Family Residential - 7,500 squaze feet (RS-7.5):
Beginning at a found %z" iron rebaz, being the Northwest corner of this herein-
described tract of land, being the Southeast corner of Lot No. 2 of White Sands Beach
Estates Subdivision (File Plan No. 1480) and the Southwest tenninus point of Naniloa
Street; the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 11,680.76 feet South and 5565.64 feet East, and
running by azimuths clockwise, measured from true South:
Thence for the next twenty-three (23) courses following along the middle of stonewall,
along Land Commission Award No. 4452, Apana 2 to H. Kalamai
255° 22' 40" 175.85 feet along File Plan No. 1480 to a found "X"
in rock;
Thence for the next thirteen (13) courses following along Keauhou View Estates Phase I
(File Plan No. 2268) and Phase III (File Plan No. 2275):
2. 253° 26' 00" 46.03 feet to a found nail;
3. 254° 53' 00' 50.09 feet to a found nail;
4. 252° 43' 00" 65.74 feet to a found nail;
5. 256° 34' 00" 69.20 feet to a found nail;
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6.
260°
02' I
00"
42.91
feet to a found nail;
7. 255° 30' 00" 61.67 feet to a found nail;
8. 252° 41' 00" 24.74 feet to a found''/z" iron pipe;
9. 252° 17' ~ 00" 70.94 feet to a found nail;
10. 249° 00' ' 00" 22.68 feet to a found nail;
11. 245° 53' ' 00" 36.24 feet to a found nail;
12. 249° 31' , 00" 41.22 feet to a found' nail;
13. 246° 40' 00" 77.55 feet to a found nail;
14. 253° 11' ; 00" 60.37 feet to a found nail;
Thence for the next nine (9) courses following along Keauhou View Estates Phase VI
(File Plan No. 2316) :
15. 253° 11' 00" 42.16 feet to a found nail;
16. 250° 48' ; 00" 71.12 feet to a found nail;
17. 241 ° 45' 00" 9.19 feet to a found nail;
18. 249° OS' 00" 11.04 feet to a found nail;
19. 239° 25' 00" 22.98 feet to a found nail;
20. 234° 54' 00" 37.47 feet to a found nail;
21. 237° 03' ' 00" 34.58 feet to a found nail;
22. 229° 36' ' 00" 15.00 feet to a found nail;
23. 238° 39' 00" 3.04 feet to a found nail in the West line of Parcel
18, being Kahului-Keauhou Pazkway;
Thence for the next two (2) courses follow ing along said Pazcel 18, being Kahului-
Keau hou Pazkway (Ali`i Parkway) :
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24. 354° 55' S7" 47.45 feet to a found nail;
25. 355° 15' 00" 496.27 feet to a found %" iron pipe in concrete at
the middle of a stone wall;
Then ce for the next twenty-six (26) courses following along the middle of a stone wall,
along Royal Patent No. 6856, Land Comm ission Award 7713, Apana 6 to V. Kamamalu:
26. 70° 06' 21" 35.73 feet to a found nail;
27. 74° 25' :57" 48,88 feet to a found nail;
28. 74° 55' 25" 48.63 feet to a found nail;
29. 74° 22' ' 26" 34.12 feet to a found nail;
30. 71 ° 41' 46" 17.54 feet to a found nail;
31. 79° 13' 10" 28.28 feet to a found nail;
32. 70° 50' 19" 17.01 feet to a found nail;
33. 71° 04' O1" 29.36 feet to a found nail;
34, 70° 11' 49" 42.74 feet to a found nail;
35. 65° 24' 10" 16.68 feet to a found nail;
36. 73° 04' 27" 39.19 feet to a found nail;
37. 74° 15' 41" 40.32 feet to a found nail;
38. 73° 52' 16" 85.80 feet to a found nail;
39. 69° 55' 37" 36.94 feet to a found nail;
40. 81 ° 19' S4" 20.96 feet to a found nail;
41. 71 ° 59' 42" 13.61 feet to a found nail;
42. 73° 26' ' 45" 32.81 feet to a found nail;
43. 67° OS' 11" 93.29 feet to a found nail;
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44. 73° 03' S3"
45. 72° 48' 22"
46. 76° 08' 18"
47. 61° 33' 46"
24.94 feet to a found nail;
39.75 feet to a found nail;
17.99 feet to a found. nail;
20.42 feet to a found nail;
36.10 feet to a found nail;
49. 65° 46' ' 32" 13.81 feet to a found nail;
50. 82° 14' ' 49" 19.81 feet to a found nail;
51. 65° 04' 39" 14.87 feet to a found nail;
Thence for the next three (3) courses following along Lot No. 3-C, being the West line of
this herein-described tract:
52. 150° 00' ; 00" 456.55 feet to a found''/Z" rebar with cap;
Thence, following a curve to the right with a radius of 150.00 feet, the chord azimuth and
distance being:
53. 160° 31' 00" 54.76 feet to a found''/z" rebaz with cap;
54. 171 ° 02' 00" 15.00 feet to the point of beginning and containing
an azea of 11.05 acres, more or less.
All as shown qn the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), 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:
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(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 successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within 180 days from the effective date of this ordinance.
C. The applicant'shall provide a recreational area of at least 5,000 square feet at the
Naniloa Street-end of the proposed subdivision, which shall be maintained by the
proposed subdivision's owners' association . Additionally, the applicant shall
provide the recreational area with its own water meter and adequate water
to serve park visitors, and support grass and landscaping. This recreational
area shall not diminish the applicant's commitment to provide additional
recreational areas or and the requirements under Condition U herein. The
applicant shall also provide a minimum of a three-acre, public neighborhood
park sufficient in size and quality to create a playing field for team sports
such as baseball, football, and/or soccer on another parcel of land within one-
quarter mile of this proposed project at the sole discretion of the Department
of Parks and Recreation, and an additional two acres of mews on the same
parcel as the three-acre, public neighborhood park. The mews may be
private park area and shall be owned and maintained by the owner's
association."
D. The applicant shall implement and/or require implementation of water and energy
conservation measures in the development of the houses within the proposed
subdivision, utilizing measures similar to the LEER Standards of the U.S. Green
Building Council, which shall be binding on the owners of the association and
owners of all lots in the proposed subdivision. Compliance with this condition '
shall be verified by a LEED certified architect.
E. Final subdivision approval shall be secured within five (5) yeazs from the
effective date of this ordinance.
F. Access to the development shall meet with the approval of the Department of
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Public Works. Access to the future Kahului-Keauhou Pazkway shall not be
allowed unless approved the Department of Public Works. Vehicular access to
individual lots. shall not be permitted from the Kahului-Keauhou Parkway. A
gated vehicular emergency egress to the Kahului-Keauhou Parkway may be
installed if allowed by the Depaztment of Public Works. The applicant shall
construct a pedestrian pathway connecting a street within the project to the
multipurpose path on the Kahului-Keauhou Pazkway.
G. During the construction of the proposed subdivision, the applicant shall cause
vehiculaz construction traffic to utilize an access route across the property to the
west and/or south.
i
H. "The applicant shall provide road and traffic improvements as follows:
Alternative L• Construct a new alternate access road from Ali`i Drive to the
project through currently vacant property to the west or south, meeting with the
approval of the Department of Public Works. The road may be constructed as a
minor or locals street and may allow direct access from individual lots, and shall be
dedicated to the County upon completion. It shall include a dedicated left turn
lane at the Ali`i Drive intersection. The road shall connect with a street in the
project that provides a further stubout to the adjacent property to the south (TMK:
7-8-010:004)., All construction required in Alternative 1 herein shall be
completed before final subdivision approval for the first phase of the
proposed project, or
Alternative 2: Provide concrete curbs, gutters, sidewalks, and appropriate
drywells for drainage control from the proposed development along one side
of Naniloa Street to Queen Kalama Street and then from Naniloa Street
along the south side of Queen Kalama Street to Ali`i Drive. These
improvements shall include any necessary pavement widening retaining
structures, signs, traffic markings, and streetlights, drainage improvements,
and relocation of utilities meeting with-the approval of the Department of
Public Works. All construction required in Alternative 2 herein shall be
completed before final subdivision approval for the first phase of the
proposed project."
L "Within the project area, the applicant shall provide:
(1) a connection to Naniloa Street to the north.
(2) One road stubout to the adjoining property to the south (TMK: 7-8-.
010:004). This stubout shall be sufficiently mauka in the proposed
subdivision to avoid the Historical Preserve Area on TMK: 7-8-O1U:004.
This stubout shall eventually connect to a mauka-makai connector road
within TMK: 7-8-010:004 that shall intersect with the Kahului-Keauhou
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Parkway. This stubout shall be completed with the initial construction
phase of the proposed project even if insufficient water commitments are
available to complete the entire project.
{3) One stubout to the adjoining property to the west (TMK: 7-7-008:001).
(4) Construction of curbs, gutters, appropriate drywells, and sidewalks for
all streets within the project which shall meet the requirements of the
Department of Public Works.
(5) Any streets and stubouts within the proposed project that are part of a
route providing connections between Naniloa Street, Ali`i Drive, and the
adjacent property to the south (TMK: 7-8-010:004} and to the west
(TMK: 7-7-008:001) shall be constructed to County dedicabee standards
to the property lines of the proposed project and shall be dedicated to,
and accepted by, the County upon completion; and
(6) Install crosswalk(s) as determined by the Department of Public Works."
J. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
K. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works. The recommended drainage improvements shall
be constructed, meeting with the approval of the Department of Public Works
prior to receipt of Final Subdivision Approval. The drainage study shall include
potential impacts from the Kahului-Keauhou Parkway culverts:
L. "The proposed subdivision shall connect to the County sewer system. Any new
sewer extension to the public sewer system requires the submittal of a sewer
study by the. applicant to the County of Hawaii, Wastewater Division (COH-
WWD). The sewer study is intended to define the wastewater flow
contribution from the proposed site, evaluate the impact to the existing sewer
system, and propose an appropriate sewer extension alignment based on the
results of the sewer study. The sewer study shall be prepared in accordance
with the City & County of Honolulu Design Standards. Design plans for
construction of a proposed sewer extension shall also be submitted to the
COH-WWD for review and approval. Documents shall be prepared in
accordance with Hawaii County Code, Chapter 21 -Sewers, Hawaii
Administrative Rules, Title 11, Chapter 62 -Wastewater Systems, and COH-
WWD Sewer Standards."
M. The applicant and its successors in interest shall be responsible for any noise
abatement measures for the subject property, which may be required to qualify the
Kahului-Keauhou Parkway for Federal funding. Until the completion of the
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Kahului-Keauhou Parkway through the subject property, covenants in all deeds to
subject property, including deeds to individual units and to any lots subdivided
from the subject property, and promotional and sales materials given to
prospective purchasers, shall inform prospective owners of the following: "Plans
for the area involve the construction of the Kahului-Keauhou Parkway within a
right-of--way shown on the attached map. The Kahului-Keauhou Parkway will be
a major highway that is expected to carry a high volume of traffic. The County of
Hawaii has determined that the construction of this highway is important to the
proper development of Kona as a whole. The construction of the Kahului-
Keauhou Parkway will create noise, dust, and other impacts. The contractor
building the Parkway will be required to follow some regulations to reduce noise
and dust, but some impacts will occur. After completion, traffic on the Kahului-
Keauhou Parkway will cause noise and other effects that must be expected from a
busy roadway., A prospective purchaser who cannot accept the future construction
of the Kahului-Keauhou Parkway in this area is advised to seek another area to
reside. This property was rezoned on condition that if noise abatement measures
between the Parkway and adjacent residences in this project must be taken to
qualify the Kahului-Keauhou Parkway project for Federal funding, the residential
owners would be required to pay for the noise abatement." The sales materials
and covenants do not have to follow the exact wording of this condition but shall
inform the prospective purchasers of the substance of this condition.
N. Comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative
Rules, Department of Health, which requires an NPDES permit for certain
construction activity.
O. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the. State of Hawaii.
P. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
Q. A Data Recovery Plan for the two sites recommended for preservation (Sites
24842 and 24534) shall be submitted to the DLNR-HPD for review and approval.
A landscaped buffer shall be constructed around the sites.
R. A Burial Treatment Plan for Site 24842 shall be submitted for the review and
approval of the Planning Director in consultation with the DLNR-HPD and
Hawaii Island Burial Council. The proposed mitigation treatment for the burial
site shall be approved by the Hawaii Island Burial Council before detailed
mitigation plans are finalized. A copy of the approved Burial Treatment Plan
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shall be submitted to the Planning Director prior to the issuance of any land
alteration permits.
Should any undiscovered remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered, work in
the immediate azea shall cease and the Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological cleazance from
the DLNR-HPD when it finds that sufficient mitigation measures have been taken.
T. "To ensure that the Goals and Policies of the Housing Element of the General
Plan aze implemented, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing
Policy. Prior to £-nal subdivision approval, applicant shall have entered into
an agreement with the Office of Housing and Community Development for
satisfaction of its requirements under Chapter 11 and shall have provided
security to the County, which security shall be in a form that is acceptable to
the county in its sole discretion, for full satisfaction of its affordable housing
requirement."
U. The applicant shall make its fair shaze contribution to mitigate the potential
regional impacts of the property with respect to pazks and recreation, fire, police,
solid waste disposal facilities and roads. The fair shaze 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 aze
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or within five yeazs from the effective date of this
amended change of zone ordinance, whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density for each lot as
determined by the zoning resulting from this change of zone. 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 the amendment to the
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a maximum combined value of
$11,506.13 per single-family 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
single-family residential unit shall be allocated as follows:
• $5,548.46 per single-family residential unit to the County to support pazk
and recreational improvements and facilities;
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• $267.66 per single-family residential unit to the County to support police
facilities;
• $528.66 per single-family residential unit to the County to support fire
facilities;
• $231.45 per single-family residential unit to the County to support solid
waste facilities;
• $4,929'.90 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 upon consultation with the appropriate agencies and
approval of the County Council. The applicant shall receive a credit against the
fair shaze contribution required for road and traffic improvements outside of the
proposed subdivision in the amount of the costs of construction as described in
Condition H herein."
V. 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.
W. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
X. An annual progress report shall be submitted to the Planning Director prior to the
effective date of the ordinance. The report shall include, but not be limited to, the
status of the development and compliance with the conditions of approval. This
condition shall remain in effect until all of the conditions of approval have been
satisfied and the Planning Director acknowledges that further reports aze not
required.
Y. An initial extension of time for the performance of conditions within this
ordinance maybe granted by the Planning Director upon the following
circumstances:
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The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, 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).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
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