HomeMy WebLinkAboutCOM 0734.004 1994-1996 ocs
TAKASHI DOMINGO y, •
C041..■1 Member
Y XrP
Dote /°.!-/S/f-
COUNTY COUNCIL
County of Haman
Hawaii County BuiUing
25 rlupuni Street
December 15, 1995 Hilo, Hawaii 96720
TO: Keiko Bonk-Abramson, Chairman
and Members of the Hawaii County Council
FROM: Takashi Domingo, Chairman
Committee on Planning
Re: Bill No. 158, Draft 2
Oceanside 1250
Attached for your favorable consideration is a proposed amendment to Bill No. 158, Draft 2, for
your favorable consideration. The proposed amendment adds a new condition which requires
that the fair share contribution as reflected in Bill No. 181, Draft 2, be payable prior to final
subdivision approval for any portion of the subject property and the amount of the fair share
contribution refects the amount for the entire project(730 units).
Also Condition K requires that the final comprehensive public access plan be submitted to and
approved by the Planning Director.
Correa. No. 734'
Pile Mo. ZN( IC J
}ref. 'Pot,
` `._..��.�.. ...'S
Ref. Date ---- ...�...
r •
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 158
(Draft 3)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND
SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT
HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII, KEEKEE 1ST
AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD
AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII , COVERED BY TAX MAP
KEY 7-9-12 :4 , 11 AND PORTION OF 3 AND 8-1-4 :PORTION OF 3 .
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 25-87, Article 3 , Chapter 25 (Zoning Code) -
of the Hawaii County Code, is amended to change the district
classification of property described hereinafter as follows :
The district classification of the following area
situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and
Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural
(A-la)
PARCEL 1 :
Beginning at the Northeasterly corner of this parcel of land,
being also an angle point on the Southerly boundary of Royal
Patent 1098, Land Commission Award 614 to Charles Hall, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU OHAU" , being 5, 408 . 20 feet
North and 934 .23 feet East and running by azimuths measured
clockwise from True South:
1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S. W.
Makahiki to a point :
Thence, following along the remainder of Grant 2029
to S . W. Makahiki on a curve
to the right with a radius of
470 . 00 feet, the chord azimuth
and distance being:
•
2 . 316° 23 ' 15" 424 . 98 feet to a point ;
3 . 343° 16 ' 839 . 35 feet along the remainders of
Grant 2029 to S . W. Makahiki,
Grant 1453 to John Cavanah and
Grant 1463 to Keawe to a
point;
Thence, following along the remainder of Grant 1463
to Keawe on a curve to the
left with a radius of 1030 . 00
feet, the chord azimuth and
distance being:
4 . 329° 59 ' 30" 473 . 03 feet to a point;
5 . 316° 43 ' 68 . 92 feet along the remainder of
Grant 1463 to Keawe to a
point;
Thence, following along the remainder of Grant 1463
to Keawe and Grant 1587 to
John Peters on a curve to the
right with a radius of 1270 . 00
feet, the chord azimuth and
distance being:
6 . 345° 33 ' 1224 . 95 feet to a point;
7 . 14° 23 ' 350 . 20 feet along the remainder of
Grant 1587 to John Peters to a
point;
Thence, following along the remainder of Grant 1587
to John Peters on a curve to
the left with a radius of
1030 . 00 feet, the chord
azimuth and distance being:
8 . 354° 32 ' 30" 699 . 21 feet to a point;
9 . 334° 42 ' 918 . 92 feet along the remainder of
Grant 1587 to John Peters to a
point;
Thence, for the next three (3) courses following along
Royal Patent 1670 to John D.
Parish on a portion of Land
Commission Award 387, Part 4 ,
Section 2 to the American
Board of Commissioners for
Foreign Missions :
-2-
•
10 . 66° 00 ' 770 . 00 feet to a point ;
11 . 74° 30 ' 930 . 00 feet to a point ;
12 . 67° 00 ' 285 . 65 feet to a point;
Thence, for the next twenty-one (21) courses following
along the remainder of Grant
1651 to Charles Hall :
13 . 179° 00 ' 416 . 28 feet to a point;
14 . 149° 00 ' 221 . 00 feet to a point;
15 . 52° 00 ' 205 . 00 feet to a point;
16 . 67° 00 ' 304 . 00 feet to a point;
17 . 80° 00 ' 573 . 00 feet to a point;
18 . 102° 00 ' 259 . 00 feet to a point;
19 . 136° 00 ' 441 . 00 feet to a point;
20 . 120° 00 ' 641 . 00 feet to a point;
21 . 137° 00 ' 256 . 00 feet to a point;
22 . 168° 20 ' 1123 . 00 feet to a point;
23 . 163° 30 ' 456 . 00 feet to a point;
24 . 206° 00 ' 214 . 09 feet to a point;
25 . 243° 00 ' 693 .46 feet to a point;
26 . 193° 00 ' 282 . 00 feet to a point;
27 . 222° 00 ' 513 . 00 feet to a point;
28 . 210° 19 ' 324 . 00 feet to a point;
29 . 198° 00 ' 497 . 68 feet to a point;
30 . 181° 00 ' 307 . 60 feet to a point ;
31 . 258° 00 ' 140 . 74 feet to a point;
32 . 188° 49 ' 30" 106 . 80 feet to a point;
33 . 170° 53 ' 443 . 95 feet to a point;
-3-
•
r
•
34 . 268° 39 ' 20 . 00 feet along Honalo-Kainaliu
Beach Road;
Thence, for the next four (4) courses following along
middle of stonewall and along
Land Commission Award 3659 to
J. Martin:
35 . 272° 51 ' 57 . 35 feet to a point;
36 . 267° 36 ' 189 . 05 feet to a point ;
37 . 269° 43 ' 203 . 15 feet to a point;
38 . 275° 15 ' 223 . 35 feet to a point;
Thence, for the next three (3) courses following along
middle of stonewall and along
Royal Patent 1098, Land
Commission Award 614 to
Charles Hall :
39 . 268° 14 ' 434 . 20 feet to a point;
40 . 275° 04 ' 236 . 30 feet to a point;
41 . 262° 13 ' 206 .40 feet to the point of beginning
and containing an area of
383 . 952 Acres, more or less .
(Refer to Parcel 1 as shown on
Exhibit "A" ) .
SECTION 2 . Section 25-88, Article 3 , Chapter 25 (Zoning Code)
of the Hawaii County Code, is amended to change the district
classification of property described hereinafter as follows :
The district classification of the following area
situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st
and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st, South Kona,
Hawaii, shall be Agricultural (A-la) :
-4-
•
•
PARCEL 2 :
Beginning at the Northeasterly corner of this parcel of land,
being also an angle point on the Southerly boundary of Grant
1587 to John Peters, the coordinates of said point of
beginning referred to Government Survey Triangulation Station
"PUU OHAU" , being 601 . 01 feet North and 2 , 479 . 11 feet East and
running by azimuths measured clockwise from True South:
1 . 334° 42 ' 342 . 98 feet along the remainder of
Royal Patent 1670 to John D.
Parish on a portion of Land
Commission Award 387, Part 4 ,
Section 2 to the American
Board of Commissioners for
Foreign Missions to a point :
Thence, following along the remainders of Royal Patent
1670 to John D. Parish on a
portion of Land Commission
Award 387, Part 4 , Section 2
to the American Board of
Commissioners for Foreign
Missions and Grant 1176 to
Kini on a curve to the left
with a radius of 705 . 00 feet,
the chord azimuth and distance
being:
2 . 298° 34 ' 831 .43 feet to a point ;
3 . 262° 26 ' 397 . 26 feet along the remainder of
Grant 1176 to Kini to a point;
Thence, following along the remainder of Grant 1176
to Kini on a curve to the
right with a radius of 645 . 00
feet, the chord azimuth and
distance being:
4 . 277° 14 ' 329 . 53 feet to a point;
5 . 292° 02 ' 85 . 32 feet along the remainder of
Grant 1176 to Kini to a point;
Thence, following along the remainder of Grant 1176
to Kini on a curve to the
right with a radius of
-5-
30 . 00 feet, the chord azimuth
and distance being:
6 . 337° 02 ' 42 .43 feet to a point ;
7 . 22° 02 ' 35 . 26 feet along the remainder of
Grant 1176 to Kini to a point;
Thence, following along the remainders of Grant 1176
to Kini and Grant 1177 to
Kamakahiona on a curve to the
left with a radius of 705 . 00
feet, the chord azimuth and
distance being:
8 . 6° 12 ' 384 . 70 feet to a point ;
9 . 350° 22 ' 60 . 05 feet along the remainder of
Grant 1177 to Kamakahiona to a
point;
Thence, following along the remainders of Grant 1177
to Kamakahiona and Grant 1175
to Nakauwaa on a curve to the
right with a radius of 645 . 00
feet, the chord azimuth and
distance being:
10 . 6° 42 ' 30" 362 . 96 feet to a point;
11 . 23° 03 ' 162 . 63 feet along the remainder of
Grant 1175 to Nakauwaa to a
point;
Thence, following along the remainders of Grant 1175
to Nakauwaa and Grant 1464 to
Ialua along a curve to the
left with a radius or 705 . 00
feet, the chord azimuth and
distance being:
12 . 6° 06 ' 411 . 07 feet to a point;
13 . 349° 09 ' 54 . 98 feet along the remainder of
Grant 1464 to Ialua to a
point;
Thence, following along the remainder of Grant 1464 to
Ialua on a curve to the right
with a radius of 645 . 00 feet,
the chord azimuth and distance
being:
-6-
14 . 3° 07 ' 311 . 35 feet to a point ;
15 . 17° 05 ' 307 . 17 feet along the remainders of
Grant 1464 to Ialua and Grant
1576 to Lohi to a point ;
Thence, following along the remainders of Grant 1576
to Lohi, Grant 1160 to H. N.
Greenwell and Royal Patents
4386 and 7146, Land Commission
Award 8452 to A. Keohokalole
on a curve to the left with a
radius of 1130 . 00 feet, the
chord azimuth and distance
being:
16 . 349° 47 ' 1036 . 55 feet to a point;
17 . 322° 29 ' 272 .49 feet along the remainder of
Royal Patents 4386 and 7146 ,
Land Commission Award 8452 to
A. Keohokalole to a point;
Thence, following along the remainder of Royal Patents
4386 and 7146, Land Commission
Award 8452 to A. Keohokalole
on a curve to the right with a
radius of 870 . 00 feet, the
chord azimuth and distance
being:
18 . 352° 50 ' 30" 879 .41 feet to a point;
19 . 23° 12 ' 488 . 09 feet along the remainder of
Royal Patents 4386 and 7146 ,
Land Commission Award 8452 to
A. Keohokalole to a point;
Thence, following along middle of stonewall and along
Grant 1162 to F. 0. Shulze,
the direct azimuth and
distance being:
20 . 78° 08 ' 30" 958 . 38 feet to a point;
Thence, following along middle of stonewall and along
Grant 1162 to F. 0. Shulze,
the direct azimuth and
distance being:
21 . 57° 14 ' 50" 1532 . 00 feet to a point;
-7-
Thence, for the next four (4) courses following along
the remainder of Royal Patents
4386 and 7146 , Land Commission
Award 8452 to A. Keohokalole :
22 . 160° 00 ' 200 . 00 feet to a point ;
23 . 149° 00 ' 452 . 00 feet to a point ;
24 . 160° 51 ' 628 . 00 feet to a point ;
25 . 152° 30 ' 327 . 00 feet to a point ;
26 . 182° 19 ' 313 . 00 feet along the remainders of
Royal Patents 4386 and 7146 ,
Land Commission Award 8452 to
A. Keohokalole and Grant 1745
to John Cavanah to a point;
Thence, for the next five (5) courses following along
the remainder of Grant 1745 to
John Cavanah:
27 . 171° 27 ' 400 . 00 feet to a point;
28 . 161° 20 ' 606 . 00 feet to a point;
29 . 175° 16 ' 440 . 00 feet to a point;
30 . 182° 42 ' 30" 1190 . 00 feet to a point;
31 . 155° 00 ' 489 . 00 feet to a point;
32 . 181° 00 ' 353 . 00 feet along the remainders of
Grant 1745 to John Cavanah and
Royal Patent 1670 to John D.
Parish on a portion of Land
Commission Award 387, Part 4 ,
Section 2 to the American
Board of Commissioners for
Foreign Missions to a point;
33 . 153° 00 ' 492 . 00 feet along the remainder of
Royal Patent 1670 to John D.
Parish on a portion of Land
Commission Award 387, Part 4 ,
Section 2 to the American
Board of Commissioners for
Foreign Missions to a point;
34 . 179° 00 ' 126 . 72 feet along the remainder of
Royal Patent 1670 to John D.
-8-
Parish on a portion of Land
Commission Award 387, Part 4 ,
Section 2 to the American
Board of Commissioners for
Foreign Missions to a point;
35 . 247° 00 ' 285 . 65 feet along Grant 1651 to
Charles Hall to a point;
36 . 254° 30 ' 930 . 00 feet along Grant 1651 to
Charles Hall to a point ;
37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John
Peters to the point of
beginning and containing an
area of 372 . 010 Acres, more or
less .
All as shown on the map attached hereto, marked Exhibit
"A" and by reference made a part hereof .
SECTION 3 . These changes in district classification are
conditioned upon the following:
A. The applicant, successors or assigns shall be
responsible for complying with all of the stated
conditions of approval .
B. The applicant, successors or assigns shall be
responsible for complying with all requirements of
Chapter 205, Hawaii Revised Statutes, relating to
permissible uses within the State Land Use
Agricultural District .
C. The effectuation of the water commitment rights in
the Kealakekua Source Agreement to the current
landowners of the subject properties with the
acceptance of the prevailing facilities charge for
the 499 units of water by the Department of Water
Supply of the required water commitment payment
shall be in accordance with its "Water Commitment
-9-
•
Policy" . Prior to approval of the 500th
agricultural lot within the development area, the
applicant shall secure the necessary "Water
Commitments" and comply with the Department of Water
Supply' s "Water Commitment Policy" for the remaining
units of water for the proposed agricultural
subdivision and golf course development .
D. Subdivision plans for any portion of the
agricultural-zoned area under consideration for this
change of zone shall be submitted to the Planning
Department and Final Subdivision Approval secured
within five (5) years from the effective date of
this ordinance .
E. A wastewater disposal system shall be constructed in
a manner meeting with the approval of the State
Department of Health and/or the Department of Public
Works, whichever is applicable .
F. All electrical and communication utilities and
systems within the project site shall be placed
underground, with the exception of the main 69 KV
transmission line from the Mamalahoa Highway to the
proposed electrical substation site .
G. A Flood Study of the project site shall be submitted
to the Planning Department in conjunction with plans
submitted for subdivision review for any portion of
the agricultural-zoned area within the project site .
Drainage improvements shall be constructed in a
manner meeting with the approval of the Department
of Public Works, prior to the issuance of Final
Subdivision Approval for the agricultural
subdivision development .
-10-
t
H. An archaeological mitigation and interpretation plan
shall be prepared and submitted for approval by the
Planning Director, in consultation with the
Department of Land and Natural Resources-Historic
Preservation Division and Hawaiian community
organizations, prior to submitting plans for
subdivision review. The Plan shall consist of three
subplans :
(1) an archaeological data recovery plan for the
sites to undergo data recovery,
(2) a detailed interim protection/preservation plan
for the sites to undergo preservation, and
(3) an interpretation plan which shall include
buffer zones, signage and long-range
preservation concerns which may be submitted at
a later date . Approved mitigation measures
shall be implemented prior to or in conjunction
with any land alterations within the project
area.
I . Should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, pavings or walls
be encountered, work in the immediate area shall
cease and the Planning Director shall be immediately
notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director
when it finds that sufficient mitigative measures
have been taken.
J. A solid waste management plan shall be prepared
meeting with the approval of the Department of
-11-
Public Works prior to submitting plans for
subdivision review. The Plan shall include, but not
be limited to, the management of construction solid
waste as well as operating and domestic solid waste
generated by the proposed development . Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with
the approval of the Department of Public Works .
(K) A final comprehensive public access plan, to be
developed in consultation with community groups,
shall be submitted to and approved by the Planning
Director prior to final subdivision approval, or any
land alteration activity, whichever comes first .
The final comprehensive public access plan shall be
developed in consultation with the Planning Director -
and the Department of Land and Natural Resources and
shall include mauka-makai and lateral shoreline
accesses, parking area (s) , signage, emergency
response considerations, restrictions on use (if
any) , provision of recreational and restroom
facilities at appropriate locations, and related
improvements; provided, that the construction of the
coastline park and access ways shall be subject to
the obtaining of all necessary discretionary permits
(e.g. , Conservation District Use Approval; Special
Management Area Use Permit, etc. ) ; provided,
further, that the applicant shall be responsible to
comply with the following terms and conditions : .
(1) An area comprising twenty-five percent (25%) of
the total park area, as shown on Exhibit "E"
attached hereto and made a part hereof, shall
be developed and improved by the applicant or
its agent in phases within five (5) years from
-12-
s
the date Final Subdivision Approval is obtained
on the subject property. The first phase shall
be completed and open to the public within
thirty (30) days following the opening of the
golf course;
(2) A minimum of twenty-five (25) public parking
stalls in addition to parking stalls for
residents, guests, and employees within the
subject property and the applicant ' s adjacent
lands at the principal shoreline access parking
area (s) , signage and provisions for public
access for night fishing and marine food
gathering purposes over designated vehicular
and pedestrian access routes subject to
restrictions which limit said uses to
recreation uses only, and other restrictions
which provide for the health and safety of the
general public and residents alike; and
(3) The public shoreline access plan shall also
integrate where appropriate, any public
accessway(s) to interpretive trail system (s)
and to the historical and archaeological sites
to be approved by the Planning Director, in
consultation with the Department of Land and
Natural Resources in conjunction with the
detail mitigation plan for the park area
situated in the Conservation district .
(L) Prior to final approval of a small lot subdivision
plat within the subject property, the applicant
shall convey to the County of Hawaii by way of a
perpetual easement the right to public access and
recreational use of its privately owned coastline
-13-
f
park and trails; provided, that restrictions will be
allowed to be established by the applicant , subject
to the approval of the Planning Director, to promote
public health and safety and the general security of
the premises for residents and guest of the project
to protect the area' s pristine condition, and to
minimize any liability to the applicant, pursuant to
Chapter 520, Section 520-4 , Hawaii Revised Statutes .
The applicant shall retain ownership of its
coastline park and trails in fee simple and maintain
all lands in the coastline park area and operate
such facility for public recreational use in
accordance with the above terms and conditions . This
condition shall not be applicable to any roadway,
trail or other rights-of-way, which are deemed
public highways or trails as defined in Chapter 264 ,
Hawaii Revised Statutes;
(M) . Roadway improvements and access (es) to the subject
property, including all plans and construction,
shall meet with the approval of the Department of
Public Works . Prior to the issuance of Final
Subdivision Approval for any portion of the subject
property, the applicant shall :
(1) construct the channelization and signalization
of the Mamalahoa Highway-Haleki' i Street
intersection;
(2) determine the final right-of-way alignment of
the entire Mamalahoa Highway Bypass. between the
approximate vicinity of Keauhou and Captain
Cook, including its intersection areas and its
acquired ownership or control . The applicant
shall provide the Planning .Director with a
-14-
•
metes and bounds description of each road
right-of-way segment involved and evidence of
its ownership or control as deemed necessary by
the Planning Director. In lieu of the
applicant obtaining or acquiring ownership or
control of any segment of the Mamalahoa Highway
Bypass, the requirement shall be deemed
fulfilled upon the county' s formal initiation
of condemnation action (s) for such segments and
an agreement has been entered into between the
applicant and the county providing for the
applicant' s reimbursement to the county for the
acquisition of the lands condemned;
(3) construct the Mamalahoa Highway Bypass in its
entirety between the approximate vicinity of
Keauhou and Captain Cook, consisting of two
lanes with sufficient right-of-way for a total
of four lanes, provided further, that the
section of the Mamalahoa Highway Bypass between
Keauhou and Haleki ' i Street shall be completed
and available for public use prior to the
occupancy of any dwelling unit within the
entire project area;
(4) construct the extension of Haleki' i Street
through the subject property as generally
reflected in Exhibit "B', which phasing of
improvements shall be approved by the
Department of Public Works . If, before the
completion and opening of the entire Mamalahoa
Highway Bypass, a portion of said bypass is
completed and opened, and said portion provides
a connection to Haleki' i Street, a barricade or
breakaway gate meeting with the requirements of
-15-
•
s
the Department of Public Works, shall be
installed by the applicant as part of the
required Haleki' i Street improvements . The
purpose of this condition is to prevent the use
of Haleki' i Street as a vehicular thoroughfare
between the existing Mamalahoa Highway and a
portion of the Mamalahoa Highway Bypass until
the entire proposed Mamalahoa Highway Bypass
between the approximate vicinity of Keauhou and
Captain Cook has been completed and opened for
general public use; and
(5) provide roadway stub-outs, generally shown in
Exhibit "B", to provide future connections
between the subject property and the adjacent
properties to the north and south; provided
that such stubouts shall be constructed in
accordance with the construction phasing as
approved by the Department of Public Works .
The applicant shall construct the Mamalahoa Highway
Bypass to standards set forth by the Department of
Public Works for Alii Highway with such
modifications as may be deemed necessary by the
Department of Public Works . The applicant shall
provide a landscape buffer along highway sections
within five hundred feet of existing dwellings, as
required by the chief engineer, to reduce the
impacts of noise and light on the residents therein
and to generally beautify the highway appearance in
such locations; provided that the applicant shall
enter into a reimbursement agreement with the County
which sets forth the terms and conditions of
reimbursement for costs incurred for the
construction, land acquisition and design of the
-16-
•
i
Mamalahoa Highway Bypass out of funds paid to the
state and/or county by other developers or
landowners whom the county may determine as
benefiting from the Mamalahoa Highway Bypass and
which funds are available to the county for such
purpose; and provided further, that the total amount
of reimbursement due to the applicant shall not
exceed the total cost of land acquisition, design
and construction of the Mamalahoa Highway Bypass
incurred by the applicant, less the pro rata portion
attributed to the subject property;
(N) . In lieu of actual construction of infrastructural
improvements as required under Conditions E, G, J,
K, and M, the applicant may enter into an agreement
with the Planning Director and the Department of
Public Works and the Department of Water Supply, if
applicable, to assure the county that the
infrastructural improvements will be constructed
together with the appropriate bond, surety or other
security deemed acceptable to the Planning Director
and approved by the Corporation Counsel . Upon
execution of such agreement and filing of the
security with the county, if applicable, Final
Subdivision Approval for the subject property or
portions thereof shall be granted prior to the
actual construction of required infrastructural
improvements .
(0) The applicant shall pay its fair share contribution
to address potential regional impacts of the subject
property with respect to park, fire. police. solid
waste disposal facilities, sewer and roads . The
fair share contribution shall be initially based on
the representations contained within the change of
-17-
•
zone applications for the entire project and shall
be increased or reduced proportionally if the
agricultural lot counts are adjusted. The fair
share contribution shall become due and payable
prior to final subdivision approval for any poriton
of the subject property. The fair share
contributions described below shall be adjusted
annually based on the percentage change in the
Honolulu Consumer Price Index (HOPI) . The fair share
contribution for each agricultural zoned lot of the
subject property less than ten acres in size 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 have a maximum combined value of
$8, 173, 802 .70 . In lieu of paying the fair share
contribution, the applicant may construct such
improvements/facilities related to park, fire,
police, solid waste disposal facilities . sewers and
roads with the approval of the appropriate
.gencylies) .
Any contributions required by this ordinance that
exceed the fair share requirement of this proposed
development shall, at the applicant ' s request be
credited towards any of the applicant ' s future
developments that require infrastructural impact
contributions ;
(P) [ (0) ] . Comply with all applicable laws, rules, regulations
and requirements, including those of the Department
of Health, Fire, State Department of Education and
the Department of Water Supply.
-18-
•
(0) [ (P) ] . Should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition
of exactions or the assessment of impact fees,
conditions included herein shall be credited towards
the requirements of the Unified Impact Fees
Ordinance .
(R) [ (Q) ] • An annual progress report shall be submitted to the
Planning Director prior to each anniversary date of
the approval of this change of zone. The report
shall address in detail the status of the
development and the compliance with the conditions
of approval . 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.
(S) PR) ] . An extension of time for the performance of
conditions within the ordinance, with the exception
of Condition C, may be 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, 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;
-19-
(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 may be extended
for up to one additional year) ; and
(5) should the Applicant require an additional
extension of time, the Planning Director shall
submit the Applicant ' s request to the County
Council for appropriate action.
Should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
SECTION 4 . In the event that any portion of this ordinance is
declared invalid, such invalidity shall not affect the other
parts of this ordinance.
SECTION 5 . This ordinance shall take effect upon its
approval .
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date :
-20-