HomeMy WebLinkAboutBIL 332 Draft 01 1996-1998COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 332
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH AND SOUTH KONA
DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO
PROJECT DISTRICT AT KAUPULEHU, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-2-03:PORTION OF 1.
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, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaupulehu, North
Kona, Hawaii, shall be Project District:
Beginning at the south comer of this parcel of land, on the northerly side of Queen
Kaahumanu Highway, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "AKAHIPUU" being 22,391.70 feet North and 3,282.86
feet West, thence running by azimuths measured clockwise from True South:
1. 1580 20' 48" 3,348.85 feet along Lots 2 and 6 of Hualalai
Resort (Amended) (File Plan 2180);
2. 1910 36' 48" 1,579.69 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
3. 1180 00' 48" 600.00 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
4. 710 15' 48" 351.89 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
5. 1570 05' 48" 241.50 feet along Lot 6 of Hualalai Resort
(Amended) (File Plan 2180);
6. 2230 45' 48"
782.31 feet
along Lot 6 of Hnalalai Resort
(Amended) (File Plan 2180);
7. 2960 22' 28"
256.77 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
8. 2070 13' 28"
1,079.41 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
9. 1370 45' 28"
250.00 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
10. 660 55' 28"
118.63 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
11. 1310 25' 28"
359.42 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
12. 2130 33' 28"
158.80 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
13. 1680 33' 28"
120.45 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
14. 780 33' 28"
288.52 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
-2-
15.
1820
41' 58"
1,292.06 feet
along Kona Village Resort, along the
remainder of R.P. 7843, L.C.
Aw. 7715, Apana 10 to L.
Kamehameha;
Thence along shoreline as confirmed
by the Board of Land and Natural
Resources on January 29, 1998 for
the next seventy four (74) courses,
the direct azimuths and distances
between points being:
16.
2330
38'
266.27 feet;
17.
2160
25'
260.00 feet;
18.
232°
00'
119.81 feet;
19.
2360
53'
136.42 feet;
20.
2140
31'
108.00 feet;
21.
234°
14'
83.00 feet;
22.
2180
25'
91.67 feet;
23.
1760
39'
102.99 feet;
24.
2560
42'
41.33 feet;
25.
1600
19'
117.61 feet;
26.
2300
21'
80.32 feet;
27.
1760
44'
74.97 feet;
28.
970
45'
39.00 feet;
29.
1490
33'
65.00 feet;
30.
2570
19'
59.28 feet;
31.
1670
57'
71.28 feet;
-3-
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
2350
59'
106.00 feet;
1800
17'
49.00 feet;
1380
00'
88.80 feet;
2580
39'
146.01 feet;
1630
28'
128.70 feet;
2140
06'
94.76 feet;
1480
17'
112.00 feet;
2390
22'
170.17 feet;
1970
52'
210.87 feet;
2090
53'
172.22 feet;
1480
57'
88.00 feet;
2390
26'
175.00 feet;
2120
05'
75.00 feet;
2890
15'
103.00 feet;
2000
29'
68.16 feet;
2820
30'
93.00 feet;
2260
12'
60.11 feet;
2770
28'
115.47 feet;
2400
58'
193.00 feet;
2070
14'
91.00 feet;
1970
05'
149.00 feet;
2100
33'
124.00 feet;
-4-
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
215°
52'
104.97 feet;
2560
28'
70.00 feet;
1640
54'
87.00 feet;
2180
13'
121.63 feet;
2770
35'
104.01 feet;
2200
25'
66.10 feet;
2720
43'
67.00 feet;
2460
47'
282.77 feet;
2170
04'
133.87 feet;
2420
32'
137.00 feet;
2240
14'
320.00 feet;
2490
55'
257.80 feet;
2090
25'
232.99 feet;
2810
34'
198.14 feet;
2000
17'
131.00 feet;
1670
16'
67.08 feet;
2240
22'
35.13 feet;
2920
49'
190.00 feet;
2210
12'
253.00 feet;
2420
29'
115.00 feet;
2850
53'
100.00 feet;
2590
46'
273.00 feet;
-5-
76.
2440
02'
200.00 feet;
77.
1880
53'
127.12 feet;
78.
2810
10'
66.02 feet;
79.
2640
13'
233.00 feet;
80.
2430
02'
208.00 feet;
81.
2310
41'
112.80 feet;
82.
2540
32'
154.00 feet;
83.
2080
30'
112.00 feet;
84.
2780
30'
85.02 feet;
85.
2370
52'
233.00 feet;
86.
2430
16'
180.00 feet;
87.
2330
15'
210.00 feet;
88.
2670
59'
115.47 feet;
89.
2290
15'
79.11 feet;
90.
3340
12' 50"
175.28 feet
along the Government (Crown) Land
of Puuwaawaa;
91.
3340
13' 35"
2,065.52 feet
along the Government (Crown) Land
of Puuwaawaa;
92.
Thence along the remainder
of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,800.00 feet,
the chord azimuth and distance
being:
290 59' 535" 1,413.27 feet;
IM
93. 6° 53' 111.60 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to L.
Kamehameha;
94. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 2,000.00 feet,
the chord azimuth and distance
being:
17° 24' 730.09 feet;
95. 270 55' 104.25 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10
to L. Kamehameha;
96. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
16° 56' 30" 380.76 feet;
97. 50 58' 1,086.73 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
98. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 900.00 feet, the
chord azimuth and distance being:
410 46' 30" 1,053.14 feet;
99. 770 35' 229.79 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to L.
Kamehameha;
100. Thence along the remainder of R.P. 7843, L.C. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,400.00 feet,
the chord azimuth and distance
being:
450 40' 1,480.32 feet;
7-
101. 130 45' 150. 10 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
102. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 8,000.00 feet,
the chord azimuth and distance
being:
200 10' 1,788.13 feet;
103. 260 35' 573.48 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
104. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 4,000.00 feet,
the chord azimuth and distance
being:
230 10' 476.77 feet;
105. 190 45' 1,888.55 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
106. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
right with a radius of 2,000.00 feet,
the chord azimuth and distance
being:
270 00' 30" 505.37 feet;
107. 340 16' 155.59 feet along the remainder of R.P. 7843,
L.C. Aw. 7715, Apana 10 to
L. Kamehameha;
108. Thence along the remainder of R.P. 7843, L.C. Aw. 7715, Apana 10 to
L. Kamehameha, on a curve to the
left with a radius of 1,400.00 feet,
the chord azimuth and distance
being:
160 25' 26.8" 857.93 feet;
IM
109. Thence along the northerly side of Queen Kaahumanu Highway, on a curve to the
left with a radius of 9,430.02 feet,
the chord azimuth and distance
being:
780 12' 22.4" 150.63 feet;
110. 3470 44' 55" 30.00 feet along the northerly side of Queen
Kaahumanu Highway;
111. Thence along the northerly side of Queen Kaahumanu Highway, on a curve to the
left with a radius of 9,400.02 feet,
the chord azimuth and distance
being:
760 43' 39" 335.03 feet
to the point of beginning and
containing a gross area of 1,117.700
acres and a net area of 1,078.634
acres after excluding and deducting
Exclusions 1 and 2 described as
follows:
Beginning at the west comer of this parcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPUU" being
28,129.44 feet North end and 3,971.79 feet West, thence running by azimuths measured
clockwise from True South:
1. On a curve to the right with a radius of 560.00 feet, the chord azimuth and
distance being:
2030 15' 22" 96.20 feet;
2. 2080 11' 89.46 feet;
3. On a curve to the left with a radius of 830.00 feet, the chord azimuth and
distance being:
2000 59' 208.05 feet;
4. 1930 47' 72.32 feet;
5. On a curve to the left with a radius of 330.00 feet, the chord azimuth and
distance being:
1800 33' 36" 150.97 feet;
lI
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
2810 00'
2360 20'
2170 30'
2720 40'
2380 00'
2320 00'
2830 00'
3380 00'
2480 30'
3170 00'
3190 30'
3130 00'
440 00'
370 00'
440 30'
480 00'
440 00'
1520 30'
1260 30'
1270 30'
1300 00'
1380 00'
25"
83.41 feet;
218.39 feet;
55.00 feet;
288.69 feet;
159.00 feet;
116.00 feet;
135.00 feet;
64.00 feet;
286.00 feet;
249.00 feet;
192.00 feet;
193.00 feet;
555.00 feet;
200.00 feet;
268.00 feet;
336.00 feet;
198.00 feet;
218.00 feet;
156.00 feet;
188.00 feet;
153.00 feet;
150.00 feet;
-10-
28. 1060 30' 99.00 feet;
29. 1240 00' 88.98 feet to the point of beginning and
containing an area of 37.064 acres.
Exclusion 2
Beginning at the east comer of this parcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPUU" being
27,534.29 feet North and 4,555.18 feet West, thence running by azimuths measured
clockwise from True South:
1. 51° 00' 48" 322.80 feet;
2. 1560 00' 48" 294.79 feet;
3. 2270 00' 48" 273.75 feet;
4. 3260 00' 48" 305.00 feet to the point of beginning and
containing an area of 2.002 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part
hereof.
SECTION 2. The project area shall consist of 1,078.634 acres which would allow for a
maximum development of 1,030 resort residential units.
SECTION 3. This change in district classification is conditioned upon the following:
A. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. This project area shall be called the Kaupulehu Project District. The
development period for the Kaupulehu Project District will be 20 years from the
effective date of approval of the Project District Ordinance.
C. The Kaupulehu Project District shall consist of not more than 1,078.634 acres
with 869.698 acres for Resort Residential, golf course and ancillary related
-It-
development; 197.936 acres for the "Urban" Coastal Planning Area and 11
acres for Commercial development. Any amendment to these acreages shall
require an amendment to the Kaupulehu Project District Ordinance.
D. The maximum number of units to be allowed within the Kaupulehu Project
District shall be 1,030 units. Any increase in the number of units shall require
an amendment to the Kaupulehu Project District Ordinance.
E. There shall be no residential, commercial or similar type developments in the
Coastal Planning Area other than those specified in the Integrated Resources
Management Plan. The Coastal Planning Area shall be described by metes and
bounds, and the restrictions shall be specified in the covenant(s) in the property
deed. A copy of the metes and bounds, and proposed covenant(s) to he
recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval or Final Plan Approval or land alteration activities, whichever occurs
first. A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicant and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval or Final Plan
Approval or land alteration activities, whichever occurs first.
The applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
G. The following permitted uses as defined in Chapter 25 (Zoning Code)
Ordinance No. 96-160 are to be allowed in the Kaupulehu Project District
within the 869.698 acres for Resort Residential, golf course and ancillary
12-
related development and the 11 acres for Commercial development:
1. Amusement and recreation facilities, indoor.
2. Art galleries, museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples and synagogues.
7. Day care centers.
8. Convenience stores.
9. Community buildings
10. Display for products sold elsewhere
11. Dwellings, single-family.
12. Dwellings, double -family or duplex.
13. Dwellings, multiple -family.
14. Farmers Market
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 25-4-13 of the Zoning
Code.
18. Major outdoor amusement and recreation facilities.
19. Medical clinics.
20. Meeting facilities.
21. Model homes.
22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
23. Offices.
24. Personal services.
25. Photography studios.
13-
26. Public and private utility uses and structures.
27. Restaurants.
28. Retail establishments.
29. Schools.
30. Telecommunication antennas and towers as permitted under
Section 254-12 of the Zoning Code.
31. Temporary real estate offices as permitted by Section 254-8 of the
Zoning Code.
32. Theaters.
33. Time share units.
34. Utility substations, wastewater treatment plants, landscaping and vehicle
maintenance service yards.
35. Visitor Information Center.
36. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the applicant and approved by the
Planning Director.
37. Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
2. The minimum building site area shall be 7,500 square feet which may
include flag lots.
3. The maximum allowable height limit for Single Family Residential units
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shall be thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residential
and Commercial developments shall be 45 feet.
5. The minimum average lot widths shall be determined by the applicant in
conjunction with its development plans.
6. The minimum yards in the Kaupulehu Project District shall be as
follows:
a. Residential Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, eight feet.
b. Commercial Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site
is a residential development site, when the side yard
adjoins the side yard of a residential development site,
there shall be a minimum side yard of eight feet.
7. Exceptions to the regulations for the Project district regarding heights,
building site areas, and yards, may be approved by the director within a
planned unit development, or cluster plan development.
8. The minimum off-street parking and loading space requirements for the
Kaupulehu Project District will comply with the minimum standards as
required by the Zoning Code, including compliance with the American
Disabilities Act (ADA) requirements.
15-
Final Subdivision or Final Plan Approval, whichever is applicable, shall be
secured from the Planning Director for any of the above uses prior to the
issuance of any land alteration permits for any development phase in the
Kaupulehu Project District.
Construction of the resort residential units, commercial development, golf
course and other related improvements shall commence only after Final
Subdivision Approval and Final Plan Approval has been secured.
K. The applicant shall provide assurance satisfactory to the Department of Water
Supply and the Planning Director, upon consultation with the State Department
of Health and Department of Land and Natural Resources, that water sources of
sufficient quality and quantity has been established. Such satisfactory assurance
can be met by the actual drilling and testing of a well site of the water source or
by the submittal of a hydrological study certifying that a water sources of
sufficient quality and quantity can be established at the designated locations.
L. Upon compliance with Condition K, the actual development of the water source
and its water transmission and distribution system shall be developed in
conjunction with the subdivision approval process. Final inspection to the
residential structures shall not be issued until the approved water source is
developed and its transmission and distribution system for such source to the
subject property has been constructed. Residential building permits may be
issued for model home complexes, provided that such model homes will not be
occupied until the approved water source is developed.
M. The interior roadway requirements for the Kaupulehu Project District shall be
designed to resort standards as allowed by the Subdivision Code and as
represented in Section 3.3.1 of the applicant's Project District Application.
16-
N. Access(es) to the project site shall meet with the approval of the Departments of
Transportation -Highways Division and Public Works as follows:
1. If warranted, a fully channelized intersection improvements, including
but not limited to traffic lights and/or an overpass or underpass, shall be
provided meeting with the approval of the Department of Transportation
prior to initial occupancy of residential units gaining access from the
respective intersection. The cost of such improvements shall be borne
by the applicant to the extent of the project's projected traffic impacts
and may be credited to or deducted from the applicant's fair share
contribution for road and traffic improvements, as required under
Condition W.
2. A traffic monitoring program at the intersection of Queen Kaahumanu
Highway shall be submitted to and approved by the State Department of
Transportation, Highways Division, prior to receiving final plan
approval for any portion of the proposed development. If additional
intersection improvements such as a fully channelized intersection with
acceleration/deceleration lanes, an under pass, or overpass, are required
as determined by the findings of subsequent monitoring and analysis, the
applicant shall provide the improvements to the extent of the project's
projected traffic impacts in conformance with the requirements of the
State Department of Transportation, Highways Division.
All internal roadways within the proposed development shall be
constructed in accordance with the Resort Standards or other applicable
provisions of the Zoning Code and the Subdivision Code.
17-
4. A roadway connection to the adjacent property along the southwestern
boundary shall be provided meeting with the approval of the Department
of Public Works.
5. No lots shall have direct access from the Queen Kaahumanu Highway
except through an access point approved by the State Department of
Transportation.
O. A detailed drainage study shall be prepared and submitted for review and
approval to the Department of Public Works prior to submittal of plans for
Subdivision and/or Plan Approval review of the residential, commercial and
golf courses subdivisions. The Study shall take into consideration the tile
drainage system, retention basins and `reduced turf' design to be incorporated
into the golf courses. A drainage system for each phase of development in the
project area shall be installed meeting with the approval of the Department of
Public Works, prior to issuance of Final Subdivision Approval, a Certificate of
Occupancy or golf course opening, whichever occurs first.
P. An Emergency Preparedness and Response Plan shall be submitted for review
by the Planning Department in consultation with the Fire Department and the
Civil Defense Agency prior to the issuance of a Certificate of Occupancy for
any residential unit. The plan shall be limited to a review of the emergency
roadway network and emergency contact people or association.
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Q. A Solid Waste Management Plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision
approval. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of Public
Works.
R. A wastewater treatment system shall be constructed to service the residential
and commercial developments meeting with the approval of the Department of
Health.
S. A final comprehensive public access plan, to be developed in consultation with
community groups and in accordance with applicable conditions of approval of
the Land Use Commission Decision and Order (Docket No. A93-701), shall be
submitted to the Planning Director and shall include mauka-makai and lateral
shoreline accesses, description of trail width and surfacing, parking area(s),
signage, emergency response considerations, restrictions on use (if any),
provision of recreational and restroom facilities at appropriate locations, and
related improvements. Implementation of the public access plan shall be
completed with the opening of the golf course.
To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the applicable
requirements of Ordinance No. 98-1 relating to the County of Hawaii
Affordable Housing Policy. This requirement shall be approved by the County
Housing Agency prior to Final Subdivision Approval of any portion of the
resort residential area.
U. The Integrated Resources Management Plan dated June 1998 or any
amendments approved thereafter shall be made a part of this ordinance as
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Appendix A. The implementation recommendations and management guidelines
shall govern the use of the Coastal Planning Area and other resources.
V. 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 State Department
of Land and Natural Resources -Historic Preservation Division (DLNR-HPD)
and the Hawaii Island Burial Council, if applicable, shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD and/or the Burial Council when it is found that sufficient
mitigative measures have been taken.
W. The applicant shall pay its fair share 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 based on the number of
units established through the adoption of the ordinance. The fair share
contribution shall become due and payable prior to Final Subdivision Approval
or Final Plan Approval of any portion of the subject property. The fair share
contribution for each lot shall be based on a maximum density for each lot as
determined by the number of units to be permitted within the Kaupulehu Project
District. 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 (HCPI). In lieu of paying the fair share contribution for
other facility impacts, the applicants may construct such facilities related to
roads, park, fire, police and solid waste disposal facilities with the approval of
the appropriate agency(ies). Any contributions required by this ordinance that
exceed the fair share requirement of this proposed development shall, at the
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applicant's request be credited towards any of the applicant's future
developments that require infrastructural impact contributions.
X. Should the Council adopt a Unified Impact Fee 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 Fee
Ordinance.
Y. Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the subject
property.
The applicant shall comply with all other applicable requirements of the Land
Use Commission conditions of approval and a copy of the written
documentation of compliance with these conditions shall also be submitted to
the Planning Director.
AA. An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this Project District Ordinance. The
report shall address in detail the status of the development, the number of units
constructed, the compliance with the conditions of approval of both this
ordinance and the State Land Use Commission conditions. This condition shall
remain in effect until all of the conditions of approval have been complied with
and the Director acknowledges that further reports are not required.
BB. Twenty (20) years from the effective date of the Kaupulehu Project District
Ordinance, the applicant shall submit an overall status report of the project,
including the percentage of the completed development. The Planning Director
shall also provide an assessment of the development of the Project District and
-21-
its compliance with conditions of approval for transmittal to the Planning
Commission for their review and recommendation and then forwarded to the
County Council for their review and action.
CC. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the subject 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 Y:
/'�� "";-
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1051
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-22-
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AMENDMENT TO
THE
ZONING
CODE
AMENDING SECTION 25-8-2 (NORTH AND
SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25, (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING
THE DISTRICT
CLASSIFICATION FROM OPEN TO PROJECT
DISTRICT AT
KAUPULEHU, NORTH
KONA, HAWAII.
PREPARED BY :
PLANNING DEPARTMENT
COUNTY
OF HAWAII
TMK : 7-2-03: PORTION OF 1
OCTOBER 14, 1998
FYHIRIT "A"
...EVTs)