HomeMy WebLinkAboutORD 1985-075 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 76
ORDINANCE NO. 85 75
AN ORDINANCE AMENDING SECTION 25-91(19), THE NORTH AND SOUTH
KOHALA ZONE MAP, OF CHAPTER 25 (ZONING CODE), HAWAII COUNTY
CODE, AS AMENDED, RELATING TO THE MODIFICATION OF CERTAIN
CONDITIONS TO THE DISTRICT CLASSIFICATIONS AT ANAEHOOMALU,
SOUTH KOHALA, HAWAII (FORMERLY CHANGE OF ZONE ORDINANCE
NO. 265), COVERED BY TAX MAP KEY 6-9-07 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 265 (effective
April 28, 1977) is hereby amended to read as follows:
"SECTION 2. Section 1 of this ordinance shall take effect
upon the conditions that (A) the overall development shall
conform substantially to the plans submitted and the
representations made by the petitioner, as described in the
Waikoloa Beach Resort environmental impact statement
[hereinafter] identified as "File Exhibit 1" on file in the
Planning Department [.], except as further amended by
subsequent ordinances; (B) development shall occur in two [(2)]
increments as spelled out in "File Exhibit 1" on file in the
Planning Department[.], except as further amended by subsequent
ordinance. The effective date of zoning for the second
increment shall be after development has occurred in the first
increment. Development is defined as building permits issued,
ground broken and construction commenced on permanent
structures on twenty-five [(25)] percent of the zoned area for
hotel development and fifteen [(15)] percent of the zoned area
multiple family residential development, in addition to the
required amenities; (C) the petitioner or its authorized
representative(s) shall submit plans for the consolidation and
resubdivision of Increment One within six (6) months of the
effective date of approval of the change of zone request. The
petitioner/representative(s) shall also be responsible for
securing final approval; (D) the method of sewage disposal
shall conform to the rules and regulations of the State
Department of Health. The petitioner shall also comply with
other rules and regulations of the Department of Health;
(E) prior to the development of each increment, water shall be
made available in compliance with the requirements of the
Department of Water Supply; (F) a minimum of 19.5 acres of land
shall be set aside for park and active recreational purposes
for the petitioner's total proposed resort development, which
includes the multi-family sites, and makai of the King's Trail
and encompassing approximately 501 acres. This area shall be
in addition to the golf course historic site areas, and the 16+
acre beach area. The actual amount of these recreational lands
to be incorporated within the 501-acre area makai of the King's
Trail and covered by this rezoning action shall be determined
by the Planning Director as the development progresses. It is
understood that recreational areas within a multi-family site
shall be credited towards the 19.5-acre requirement. This park
area shall remain in private ownership and maintenance until
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such time that the petitioner decides to dedicate the area to
and it is accepted by the County. There shall also be adequate
assurance, as determined by the Corporation Counsel, for the
maintenance of the private park by recorded covenant running
with the land; (G) any golf cart and/or golf course maintenance
vehicle crossing of public thoroughfares shall be in compliance
with Article 5 of Chapter 6, Traffic Code, of the Hawaii County
Code, as amended; (H) the petitioner or its authorized
representative(s) shall submit an Employee Housing Needs Study
for Step lA of the proposed development to the Planning
Director. The Director shall accept or reject the study within
thirty (30) days of submittal of the study with reasons stated
thereof. If there is no response within the thirty (30) day
limitation, the study shall be deemed acceptable. To the
extent the study shows sufficient employee housing is not
available, the petitioner/representative(s) shall submit plans
for the provision of permanent resort employee housing for Step
lA of the proposed development to the Planning Director for
approval. Such plans shall include, but not be limited to, the
manner in which housing will be provided and the number of
units to be provided. The required housing shall be made
available prior to the issuance of the occupancy permit for the
first operational hotel. Subsequent resort employee housing
requirements due to hotel development shall be based on
additional housing need studies and shall be determined prior
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to the issuance of occupancy permits for each hotel; (I) the
petitioner shall also provide temporary quarters for
construction workers, meeting with the approval of the Planning
Director; (J) the petitioner shall reserve a minimum area of
ten (10) acres for a future school site. The location of the
school site shall meet with the approval of the Department of
Education and the Planning Director; (K) the petitioner or its
authorized representative(s) shall submit an annual progress
report to the Planning Director within thirty (30) days of the
anniversary of the effective date of approval of the change of
zone request. The annual report shall include but not be
limited to a listing of the work completed and in progress, the
manner in which the stipulated conditions of approval of the
change of zone request and other permits granted by the
Planning Commission are being met, the amount of direct
employment generated, any programs initiated which relate
directly to the overall development, and any additional
information which would supplement and/or alter the conclusions
arrived at in the environmental impact statement identified as
"File Exhibit 1" on file with the Planning Department; and
(L) all other applicable rules and regulations be complied
with, including the Special Management Area, Planned
Development Permit, and Plan Approval processes. In addition,
any conditions of approval stipulated by the Planning
Commission in the granting of requested permits, such as the
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Special Management Area Use Permit, Planned Unit Development
Permits, Planned Development Permits, and State Land Use
Special Permits shall be incorporated herein by reference.
Should the foregoing conditions not be met, rezoning of the
area to its original zoning designation may be initiated."
SECTION 2. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material and underscoring need not be
included.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not the affect other
parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: Fugust 21, 1985
Date of 1st Reading: Pugust 21, 1985
Date of 2nd Reading: September 4, 1985
Effective Date: September 9, 1985
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