HomeMy WebLinkAboutCOM 0494.000 2008-2010
~,MSV OF,
William P. Kenoi William T. Takaba
Mayor : • Managing Director
Wally Lau
Deputy Managing Director
County of Hawaii
891 Ululani Street • Hilo, Hawaii 96720-3982 • (808) 961-8211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 Fax (808) 326-5663
August 14, 2009
Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue
Hilo, HI 96720
Dear Chairman Yoshimoto and Members: c
Change of Zone Application (REZ 09-000095) C~zr
Applicant: Dr. Virgil Place
Request: A-20a to FA-3a
Tax Map Key: 5-9-5:4 and 5
vl~hange of Zone Application (REZ 09-000094)
Applicant: Palamanui Global Holdings LLC
Request: Project District to MCX-20
Tax Map Key: 7-2-5:portion 1
Amendment to Change of Zone Ordinance No. 06-105 (REZ 05-010)
Applicant: Palamanui Global Holdings LLC
Tax Mao Key: 7-2-5:12ortion 1
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely
illiam enoi
Mayor
Enclosures
cc: Planning Department Comm. N0.
Ref. To: 2009
Hawai'i County is an Equal Opportunity Provider and Employer Ref. Dot-
it 136
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o. ar
County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite3 • Hilo. Hawaii 96720
Phone(808)961-8288 • Fnx (808) 961-8742
August 14, 2009
The Honorable J Yoshimoto, Chairman ,
and Members of the County Council
County of Hawai `i
333 Kilauea Avenue, 2nd Floor
Hilo, HI 96720
t~
Dear Chairman Yoshimoto and Council Members:
4'.
Change of Zone Application (REZ 09-000094) a
Applicant: Palamanui Global Holdings LLC _
r
Request: Project District to MCX-20
Tax Map Key: 7-2-5:portion 1
The Leeward Planning Commission reviewed the above-referenced request at public hearings on
June 30, 2009 and July 24, 2009. At the July 24, 2009 hearing, the Commission voted to
recommend for your approval the proposed legislative bill for a Change of Zone from a Project
District to an Industrial-Commercial Mixed - 20,000 square feet (MCX-20) zoned district for
29.92'acres of land. The property is part of the proposed Palamanui development located
northeast of the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway
and Makalei Estates Subdivision, Ka`u, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The 29.92-acre area requested for the change of zone is a portion of an
approximately 70-acre area titled "Palamanui Business Park" under the Project District
designation. The applicant requests the change of zone to MCX to allow for wholesaling
and distribution uses which the Project District zoning does not permit. The 29.92-acre
area is proposed to be subdivided into approximately 35± lots ranging in size from 20,000
to 62,000 square feet to sell or develop into uses permitted under the MCX zoning. The
applicant anticipates developing distribution and wholesaling uses, as well as retail and
office uses on the site. A mix of buildings from 5,000 square feet to 40,000 square feet is
anticipated. The cost of the initial improvements is estimated at approximately $3
million. Individual projects on the lots will be constructed in the future at a rate of
approximately $4-5 million each year. The Palamanui Business Park is anticipated to
Hawaii County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
accommodate approximately 75-95 businesses. Parking will be provided on the
individual lots. Palamanui, the master developer, will provide subdivision improvements
including curb, gutter, sidewalks and on-street parking.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting a
broad range of uses, without exposing non-industrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
The Change of Zone Application from a Project District (PD) to an
Industrial-Commercial Mixed (MCX) district is consistent with the intent and
purpose of the goals, policies and standards of the General Plan Land Use element.
In addition, the request is consistent with the Economic element of the General Plan in
that the proposed development will provide additional and expanded employment
opportunities for the residents of the area, as well as the entire island as a whole. The
employment opportunities from the proposed development as a result of this zoning
request will generate both short-term (construction) and long-term (operational)
employment.
The applicant requests the change of zone to MCX to allow for wholesaling and
distribution uses which the Project District zoning does not permit. The 29.92-acre area
requested for the change of zone is a portion of an approximately 70-acre area titled
"Palamanui Business Park" under the Project District designation.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of action.
It is also a graphic depiction of the physical relationships among the various land uses.
The LUPAG Map establishes the basic land use pattern for areas within the County. The
LUPAG Map designates the project site as an Urban Expansion Area. This designation
allows for a mix of high density, medium density, and low density urban developments,
industrial and/or open designations in areas where new settlements may be desirable, but
where the specific settlement pattern and mix of uses have not yet been determined.
The change of zone from Project District to the Industrial-Commercial
Mixed district will not result in a substantial adverse impact upon the surrounding
area, community or region. The Palamanui Project area is bordered by the Queen
Ka`ahumanu Highway on the west and Makalei Estates (A-3a) to the east. Vacant lands
to the north are owned by the State and zoned A-5a. State lands to the south zoned A-5a
are proposed for the development of the University of Hawaii Center of West Hawaii.
The University of Hawaii, which owns approximately 500 acres adjacent to the subject
property, entered into a MOU (amended April 16, 2004) with the applicant to discuss
joint development opportunities, with the applicant providing critical infrastructure for
the University's development. The University selected the adjacent parcel as a suitable
site for a permanent UH campus in West Hawaii. The MOU addresses the concept of a
University Village. Under the agreement, the applicant will develop a .
residential/commercial community on its property, with a village town center on both the
Palamanui project area and the University's property.
All utilities and services are available to the site. Electricity and telephone
services and water are available to the site. Police protection is available from the
Kealakehe station. The closest fire station is located near the corner of Palani Road and
Queen Ka`ahumanu Highway in Kailua-Kona. The Kona Community Hospital is located
approximately ten (10) miles south of the project site in Kealakekua. Therefore,
conditions will be included to assure that services and infrastructure are provided in a
timely manner to accommodate the uses proposed for the Palamanui Project.
A self-contained private wastewater collection, treatment and disposal system
is proposed for the project. Conditions of approval will be included to mitigate any
potential impacts from the development.
An Archaeological Inventory Survey was completed by Rechtman Consulting,
LLC and finalized in June, 2003. Of the 83 archaeological sites recorded during the
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
study, 12 were recommended for preservation, 30 were recommended for data recovery,
and no further work was recommended for the remaining 41 sites. Twenty-two (22) of
the eighty-three (83) sites, as well as a 65-acre dryland native forest are proposed for
preservation. By letter dated May 9, 2009, the DLNR-HPD has indicated that no historic
properties will be affected by the proposed changes and amendments, with the following
conditions, that: 1) all permanent site preserves be depicted on final subdivision plats and
tax maps of development areas and construction grading plans; 2) interim preservation
buffers are demarcated with construction fencing for sites within or near construction
areas; 3) the revised long-term preservation plan is submitted for review and approved,
and long-term preservation measures are implemented for all sites during build-out or
prior to sate; 4) the report on data recovery is submitted for review and approval in a
timely manner.
A Biological Reconnaissance was conducted by Patrick Hart, PhD and completed
in October, 2003. There are no endangered species of flora on the subject site. Three
species of native birds ('to, Pueo and Hawaii `Amakihi) and eleven species of
introduced birds were identified on the site.
A Final Traffic Impact Analysis Report (TZAR) dated December 7, 2004, was
conducted by Austin, Tsutsumi and Associates, Inc. Based on the TIAR and discussions
with the Department of Public Works and Department of Transportation, conditions of
approval were included in Ordinance No. 06 105 for roadway improvements.
The project will generate additional traffic in the area. A Final Traffic Impact
Analysis Report (TZAR) dated December 7, 2004, was conducted by Austin, Tsutsumi
and Associates, Inc. Based on the TIAR and discussions with the Department of Public
Works and Department of Transportation, conditions of approval were included in
Ordinance No. 06 105 for roadway improvements.
Impacts associated with this project development such as historical, visual, traffic,
drainage and design concerns have been assessed through the Environmental Impact
Statement which was accepted by the State Land Use Commission on October 7, 2004,
and will be mitigated through conditions of approval. Therefore, the request would not
unreasonably burden public agencies to provide roads and streets, sewers, water,
drainage, school improvements, and police and fire protection. The proposed change of
zone would allow for uses which would complement the uses proposed for the project.
By constructing the commercial component first, the project will be more viable, as the
development of the commercial area will produce the cash flow necessary to support the
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
remaining parts of the Palamanui Project. The proposed residential construction and
affordable housing will not be impacted by the request.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statutes, relating to Coastal Zone Management. The Palamanui Project area is located
mauka of the Queen Ka`ahumanu Highway and not situated in the Special Management
Area. Thus, the project site will not be impacted by coastal hazard and beach erosion.
There is no record of a designated public access that traverses the property. According the
applicant, no valued cultural, historical or natural resources exist on the property and there
is no evidence of any traditional and customary Native Hawaiian rights being practiced on
the site. Thus, it is not anticipated that the proposed request will have any adverse impact
on cultural or historical resources in the area.
Based on the above, the proposed Change of Zone from Project District (PD) to Industrial-
Commercial Mixed (MCX-20) for 29.92 acres within the Palamanui Project area would result
in an appropriate land use pattern and further the public benefit.
For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map), of
the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation;
transcripts of the hearings; DPW comments dated June 19, 2009; and the Planning Department's
powerpoint presentation for your information.
Sincerely,
Rodney W anabe, Chairman
Leeward Planning Commission
Lpalamanuirez09-000094PC2
Enclosures
cc: Mr. F. Guy Lam
Mr. Roger Harris
Alan Okamoto, Esq.
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BPalammui.do 6/23/09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PALAMANUI GLOBAL HOLDINGS LLC
CHANGE OF ZONE APPLICATION (REZ 09-94)
PALAMANUI GLOBAL HOLDINGS LLC has submitted an application for a Change
of Zone from Project District (PD) to Industrial-Commercial Mixed 20,000 square feet (MCX-
20) for 29.92 acres of land. The property is part of the proposed Palamanui development located
northeast of the Kona International Airport at Keahole, between the Queen Ka` ahumanu Highway
and Makalei Estates Subdivision, Kau, North Kona, Hawaii, TMK: 7-2-5: Por. of 1.
PROPOSED ACTION
1. Request: Change of Zone for approximately 29.92 acres from Project District (PD) to
Industrial-Commercial Mixed 20,000 square feet (MCX-20). (Planning Department
Exhibit 1 - Change of Zone Application)
2. Background: The 29.92-acre area requested for the change of zone is a portion of an
approximately 70-acre area titled "Palamanui Business Park' under the Project District
designation. The applicant requests the change of zone to MCX to allow for wholesaling
and distribution uses which the Project District zoning does not permit. The 29.92-acre
area is proposed to be subdivided into approximately 35t lots ranging in size from 20,000
to 62,000 square feet to sell or develop into uses permitted under the MCX zoning. The
applicant anticipates developing distribution and wholesaling uses, as well as retail and
office uses on the site. A mix of buildings from 5,000 square feet to 40,000 square feet is
anticipated. The cost of the initial improvements is estimated at approximately $3 million.
Individual projects on the lots will be constructed in the future at a rate of approximately
$4-5 million each year.
The Palamanui Business Park is anticipated to accommodate approximately 75-95
businesses. Parking will be provided on the individual lots. Palamanui, the master
developer, will provide subdivision improvements including curb, gutter, sidewalks and
ATTACH: Carm. 494
Bill 136
on-street parking.
3. Landowner: Palamanui Global Holdings, LLC.
BACKGROUND INFORMATION
4. May 12, 1993: Effective date of Ordinance No. 93 45 which reclassified approximately
727.8 acres from the Unplanned (U) to the Agricultural (A-3a) district. The ordinance
amended the district classification of the area zoned A-3a (450.323 acres) as well as the
Makalei Estates Subdivision.
5. November 21, 2002: The University of Hawaii, which owns approximately 500 acres
adjacent to the subject property, entered into a MOU (amended April 16, 2004) with the
applicant to discuss joint development opportunities, with the applicant providing critical
infrastructure for the University's development. The University selected the adjacent
parcel as a suitable site for a permanent UH campus in West Hawaii. The MOU
addresses the concept of a University Village. Under the agreement, the applicant will
develop a residential/commercial community on its property, with a village town center on
both the Palamanui project area and the University's property.
6. October 23, 2004: Notice of the Final EIS was provided in the October 23, 2004 OEQC
bulletin. The Palamanui Project initially involved the development of lands in the State
Land Use Conservation District. As such, an Environmental Impact Statement was
required pursuant to Chapter 343, Hawaii Revised Statutes (HRS), and the
Environmental Impact Statement Rules, Title 11, Chapter 200 of the Hawaii
Administrative Rules (HAR).
7. June 13, 2005: The State Land Use Commission approves Docket No. A03-744 for the
redesignation of the Palamanui property from the Conservation and Agricultural districts
to the Urban district.
8. July 17, 2006: Effective date of Ordinance No. 06 105, which reclassified approximately
725.224 acres from the Agricultural (A-3a) and Open district to Project District. (Exhibit
2 - Ordinance No. 06 105)
9. February 2, 2009: Tentative subdivision approval granted for Palamanui Subdivision
(SUB 07-695).
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10. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial mixed use)
district is to allow mixing of some industrial uses with commercial uses. The intent of this
district is to provide for areas of diversified businesses and employment opportunities by
permitting a broad range of uses, without exposing non-industrial uses to unsafe and
unhealthy environments. This district is intended to promote and maintain a viable mix of
light industrial and commercial uses.
• Height limit - 45 feet.
• Minimum yards - front yards 20 feet, side and rear yards, none, except where the
adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side
or rear property line adjoins the side or rear yard of a building site in a RS, RD,
RM or RCX zoned district, side or rear yard must conform to the side or rear yard
requirements for dwelling use of the adjoining district
STATE AND COUNTY PLANS
11. State Land Use Designation: Urban.
12. GP LUPAG Map: Urban Expansion Area.
13. County Zoning: Project District (PD). The PD zone is intended to provide for a flexible
and creative planning approach rather than specific land use zone designations. It also
allows for flexibility in location of specific uses and mixes of structural alternatives. The
planning approach would establish continuity in land uses and designs while providing for
a comprehensive network of infrastnxctural facilities and systems. A variety of uses as
well as open space, parks, and other project uses are intended to be in accord with each
individual Project District objective. The minimum land area required for a Project
District is fifty acres.
14. The Kona Community Development Plan: The Kona CDP, adopted by Ordinance No.
08 131 on September 25, 2008 identifies the Palamanui project as located within the Kona
Urban Area.
15. The Keahole to Kailua Development (K to K) Plan: The Keahole to Kailua
Development Plan adopted by Resolution No. 296 91 on April 3, 1991 designates the
property for residential uses. The lower portion of the property, consisting of a band
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1
approximately 4,000 feet wide starting at the Queen Ka'ahumanu Highway, is designated
Open/Recreation.
16. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area. .
17. Special Management Area (SMA): The subject site is located mauka of the Queen
Ka`ahumanu Highway over 1.5 miles from the shoreline, and not in the SMA. The SMA
is a part of the Coastal Zone Management Program regulated by the County.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
18. Project Site: Located east (mauka) of the Queen Ka`ahumanu Highway and the Kona
International Airport at Keahole, the 29.92-acre proposed change of zone area (subject
site), is a part of an approximately 725.2-acre parcel (Palamanui Project). More
specifically, the subject site is located along the lower northern border of the parcel,
proximate to the Queen Ka` ahumanu Highway. The property has been partially graded to
accommodate the applicant's temporary offices.
19. Surrounding Zoning and Land Uses: The 725-2-acre Palamanui Project area is
bordered by the Queen Ka`ahumanu Highway on the west and Makalei Estates (zoned A-
3a) to the east. Vacant lands to the north are owned by the State and zoned A-5a. State
lands to the south zoned A-5a are proposed for the development of the University of
Hawaii Center of West Hawaii. The airport access road is located south and slightly less
than one mile from the property.
20. Elevation: The project site rises in elevation from approximately 150 feet at its lower
elevation to 900 feet at its highest point.
21. U.S.D.A. Soil Type: Pahoehoe (rLW) and Na (rLV) lava flows.
22. Land Study Bureau's Productivity Rating: "E" or "Very Poor".
23. ALISH: Unclassified.
24. Flora/Fauna: A Biological Reconnaissance was conducted by Patrick Hart, Ph.D and
completed in October, 2003. There are no endangered species of flora on the subject site.
Three species of native birds ('lo, Pueo and Hawaii 'Amakihi) and eleven species of
introduced birds were identified on the site.
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25. Groundwater Impact: A water study for the Palamanui project conducted by Waimea
Water Services, Inc. in June, 2003 concluded that there are no bodies of water, including
the underlying brackish lens in the vicinity of the project, which might be negatively
impacted by the project. The study also concluded that there are no streams or
drainageways in the area.
26. Noise Impacts: Construction-related dust and short-term or temporary noise during
construction will be generated by the project. However, existing standard construction
practices will be employed to mitigate any impact of dust and noise.
27. Air Quality: Potential impacts to local air quality are expected to be minimal.
28. Rainfall: Annual average rainfall in the area is approximately 25 inches.
29. FIRM: Zone "X", an area outside of the 500-year flood plain.
30. Coastal Hazards: The entire Palamanui project area is located mauka of the Queen
Ka`ahumanu Highway and will not affect or be affected by shoreline processes.
31. Recreational Resources: The proposed action will not reduce the size of the coastline or
other areas used for public recreational uses.
32. Visual Resources: An 800-foot setback from the Queen 'Ka`ahumanu Highway will be
established to maintain the viewplane and open space character of the highway corridor.
33. Archaeological/Historical Resources: An Archaeological Inventory Survey was
completed by Rechtman Consulting, LLC and finalized in June, 2003. Of the 83
archaeological sites recorded during the study, 12 were recommended for preservation, 30
were recommended for data recovery, and no further work was recommended for the
remaining 41 sites. Twenty-two (22) of the eighty-three (83) sites, as well as a 65-acre
dryland native forest are proposed for preservation.
By letter dated May 9, 2009, the DLNR-BPD has indicated that no historic
properties will be affected by the proposed changes and amendments, with the following
conditions, that: 1) all permanent site preserves be depicted on final subdivision plats and
tax maps of development areas and construction grading plans; 2) interim preservation
buffers are demarcated with construction fencing for sites within or near construction
areas; 3) the revised long-term preservation plan is submitted for review and approved,
-5-
and long-term preservation measures are implemented for all sites during build-out or
prior to sale; 4) the report on data recovery is submitted for review and approval in a
timely manner.
34. Cultural Resources: A Cultural Impact Assessment was completed by Maria Orr on
December 11, 2003. No burials were discovered in the project area. While the
archaeological study by Dr. Robert Rechtman and the Cultural Impact Assessment by
Maria Orr found that no traditional and customary Native Hawaiian rights were exercised
on the Palamanui project area, the consultants suggested specific measures for protection
and management of these resources.
35. Public Access: There is no record of a public access to the mountain or shoreline areas
that traverses the Palamanui project area. The applicant states that "Native Hawaiians
will be allowed to remove a limited amount of timber from Palamanui for personal, non-
commercial use. Any such activity would be subject to conformity with the Integrated
Natural Cultural Resource Management Plan".
36. Traffic: A Final Traffic Impact Analysis Report (TIAR) dated December 7, 2004 was
conducted by Austin, Tsutsumi and Associates, Inc. Based on the TIAR and discussions
with the Department of Public Works and Department of Transportation, conditions of
approval were included in Ordinance No. 06 105 for roadway improvements.
PUBLIC UTILITIES AND SERVICES
37. Access: Primary vehicular access to the subject site will be from the Queen Ka`ahumanu
Highway. The access road at Queen Ka`ahumanu Highway is located north of the existing
Queen Ka`ahumanu Highway/Keahole Airport Road intersection and along the southern
border of the property.
38. Water: There is no existing water system on the property. According to the applicant,
water is available to the subject site. The Department of Water Supply (DWS) has stated
that "water will be available subject to the applicant complying with the requirements of
the Water Agreement." The DWS requests that the applicant submit a water system
master plan to ensure adequate capacity in each of the service zones.
39. Wastewater: A self-contained private wastewater collection, treatment and disposal
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system is proposed for the Palamanui project.
40. Solid Waste: Solid waste will be disposed of by private hauling contractors or individuals
to approved transfer stations or the Puuanahulu landfill site. The existing Solid Waste
Management Program will be followed to minimize waste generated by the project.
41. Essential Utilities and Services: Electricity and telephone services are available to the
site. Police protection is available from the Kealakehe station. The closest fire station is
located near the corner of Palani Road and Queen Ka`ahumanu Highway in Kailua-Kona.
The Kona Community Hospital is located approximately ten (10) miles south of the
project site in Kealakekua.
42. Schools: The proposed University of Hawaii West Hawaii campus will be located
adjacent to the subject site to the south. Kealakehe High School is located at Kealakehe
and the Kealakehe Elementary and Intermediate School complexes are located along the
north side of Palani Road.
43. Parks: There is no County park facility in the immediate area. The applicant will
construct and dedicate a 20-acre regional public park adjacent to the subject site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
44. Department of Public Works: Planning Department Exhibit 3 - June 19, 2009
memo
45. Department of Environmental Management: P.D. Exhibit 4 - May 27, 2009 memo
46. Office of Housing and Community Development: P.D. Exhibit 5 - May 20, 2009
memo
47. DLNIi Historic Preservation Division: P.D. Exhibit 6 - May 27, 2009 letter
4d. DLNR Land Division: P.D. Exhibit 7 - May 20, 2009 letter
49. DBEDT Office of Planning: P.D. Exhibit 8 - May 26, 2009 letter
50. Department of Health: P.D. Exhibit 9 - May 21, 2009 letter
51. Department of Education: P.D. Exhibit 10 - May 21, 2009 letter
AGENCIES - NO COMMENTS OR OBJECTIONS
52. Police Department
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y
AGENCIES - NO RESPONSE
53. Fire Department, Civil Defense Agency, Department of Parks and Recreation, Department
of Transportation, Kona Traffic Safety Committee, Makalei Community Association
PUBLIC COMMENTS
54. None as of this writing.
-g-
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: PALAMANUI GLOBAL HOLDING LLC
APPLICANT'S SIGNATURE: - JAI DATE: 2-1 9-09
ADDRESS: PALAMANUI GLOBAL HOL NGS LLC
PO BOX 9007
KAILUA KONA, HI 96745
LIST APPLICANT'S INTEREST IF NOT OWNER: OWNER
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: SEE NEXT PAGE
PHONE:(Bus.) 808-325-0700 (Res.) 808-987-5182 (Fax) 808-443-0701
LANDOWNER(S):_PALAMANUI GLOBAL HOLDINGS LLC
LANDOWNER SIGNATURE(S): F-~ DATE: 2-1 9-09
(May be by letter)
LANDOWNER(S) ADDRESS: PO BOX 9007
KAILUA KONA, HI 96745
REQUEST: PROJECT DISTRICT (PD) TO (MCX) INDUSTRIAL COMMERICIAL DISTR
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 7-2-05:01 PORTION
STREET ADDRESS OF PROPERTY: 72-3977 QUEEN KAAHUMANU HWY
KAILUA KONA, HI 96740
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 29.920 acres
AGENT: N/A
ADDRESS: N/A
TELEPHONE:(Bus.) 808-325-0700 (Res.)808-987-5182 (Fax) 808-443-0701
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: F. GUY LAM COPIES: ROGER HARRIS
PALAMANUI GLOBAL HOLDINGS LLC SAME ADDRESS AS F. GUY LAM
PO BOX 9007 3.MR. ALAN OKAMOTO, ESQ.
KAILUA KONA,,HI 96745 187 KAPIOLANI ST.
Planning Dept. HILO, HI 96720
Exhibit /
I
PALAMNAUI GLOBAL HOLDINGS LLC
LIST OF PRINCIPALS INCLUDING NAMES OF MAIN OFFICERS:
FGL LLC MEMBER
HAWAII RENAISSANCE LLC MEMBER
LIVE OAK LLC MEMBER
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? Yes
If yes, please answer the rest of question I and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide? 29.920 acres
b. Into what lot sizes? 20,000 to 62,000 sq ft +
C. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? 1 week
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form. SEE ATTACHED
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans? n/a
b. Sell or lease the land to someone who has tentative
plans? n/a
c. Sell or lease the land to someone who has no plans? n/a
d. Keep it? n/a
e. other (please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
N/A
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
As noted above, we intend to subdivide the 29.920 acres
into approximately 34 lots which we will develop and sell
to others or further develop into MCX permitted uses. We
anticipate developing distribution and wholesaling uses on
a good portion of these MCX lots. We also expect some
retail and office uses in this MCX area.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? Yes
if so, please elaborate on your findings in the space provided
below.
Clark Realty Corporation Commercial Properties Division
Manager, Mr. Greg Ogin, has surveyed the demand for com-
mercial property in the Kona region and produced findings
which show that commercial land demand for the Palamanui
site consists of a mix of business entrepreneurs seeking
to locate CV, CN, and MCX type uses (distribution and
wholesale as well as mixed office and retail). The Project
District Zoning at Palamanui allows for a desirable mix of
uses,except that distribution wholesale are not currently
permitted in the Project District. This is the reason the
applicant is asking for this 29.9 acre change of zone to
MCX.
-2-
i
5. Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
If so, please elaborate on your findings in the space
provided below.
A Final Environmental Impact was prepared for the mixed
use Palamanui project and was accepted by the State Land
Use Commission in 2005. (Copy Attached)
6. Are there any buildings on.the subject area? Yes
If so, what kind?
Temporary portable office buildings housing the Development
Company, Palamanui Global Holdings LLC, and the Construction
Company,
What do you intend to do with those buildings if your
request is approved?
Continue their current use until more permanent facilities
are constructed.
7. Is the subject land currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
8. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? Yes
if so, what kind?
The unpaved roads need to be improved to commercial zone
standards with pavement and utiliy improvements.
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes Nn
a. Schools x
b. Roads R
C, Sewer x
d. Drainage x
e. Police Protection %
f. Fire Protection x
9. Recreational Facilities %
h. Recreational Facilities
i.
Palamanui is a 725 acre master-planned project which will
provide the above facilities in accordance with various
government requirements. _
-4-
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
Eventually police and fire protection will need to be
provided to Palamanui by the regional police and fire
departments.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
Yes, an approved archaelogical survey report and preserv-
ation plan for this area has been provided and has been
approved by the State of Hawaii.
Signature: ~
Palamanui G obal Holdings LLC
Address: P.O. Box 9007, Kailua-Kona, HI 96745
Telephone: 325-0700 or cell 987-5182
Date: 3/10/09
-5-
6338A/50A
P. D. 5/84
D
Background and County Environmental Report
(Attachment to Change of Zone, Project District, and
Agricultural Project District Applications)
Please use this form as a guide for required information to be included in your Change of Zone,
Project District or Agricultural Project District - Background and County Environmental Report.
A. SUBJECT REQUEST
1. Details of Proposed Use/Development:
a. Project description: Palamanui is a 725.2-acre master planned, mixed-use
community. The State Land Use Commission accepted the Final Environmental
Impact Statement (FEIS) for the project on January 12, 2005. On June 13, 2005 the
State Land Use Commission reclassified the 725.2-acre site into the Urban State
Land Use District (D & O Docket No. A03-744). On July 17. 2006 the County of
Hawaii adopted. Change of Zone Ordinance No. 06-105, which places the 725.2-
acre site into the "Project District" Zone. On February 12, 2009 the County of
Hawaii Planning Director granted tentative subdivision approval for Palamanui
Subdivision 07 (SUB-07-000695). Development of the project is ongoing (pending
engineering approvals).
b. Statement of objectives and reasons for the request: Within Palamanui's total area
of 725 acres there is an area named "Palamanui Business Park" occupying
approximately 70 acres on the project district master plan. Within this 70-acre area,
commercial village and neighborhood commercial uses are permitted under the
current project district zoning. The tentative subdivision map for the Business Park
shows approximately 70 lots of various sizes. Recent market studies indicate that
approximately 35 lots can be absorbed and developed into uses allowed by the
current project district zoning and that there is also a sarong demand for a mix of
distribution and wholesaling uses, as well as the CV & CN uses permitted in the
Project District & MEX. Based on this. Palamanui is requesting a change of zone
for 29.92 acres of the Business Park area from Project District to MCX where
distribution and wholesaling are permitted.
c. Number of acres/square feet: The requested zone change to MCX will encompass
29.92 acres. It is anticipated that this area will be developed into approximately 35
lots. A mix of buildings from 5,000 square feet to 40,000 square feet is anticipated.
d. Proposed units/lots/floor area of proposed building envelope: The 29.92 acre MCX
area will contain approximately 35 lots ranging front 20,000 square feet to 90,000
square feet. A mix of buildings and uses is anticipated.
e. Timeframe and cost: The site has been partially graded under the existing zoning
and issued grading permit. Improvements to the 29.92 acres can commence upon
receipt of this requested change of zone (sometime in 2009). Cost of initial
improvements will be approximately $3 million. Individual projects on the lots will
be built out over the future at a rate of approximately $4-6 million each year.
£ Membership size/number of employees and clientele: The Palamanui Business Park
is anticipated to become home to approximately 75-95 businesses of various sizes.
Each business may have between 2 & 22 employees, estimated. Clientele are
anticipated to be largely current residents of the Kona-Kohala area.
g. Parking arrangement: Parking will be provided on the individual lots according to
the code requirements. The Master Developer (Palamanui) will provide subdivision
improvements including curbs, sidewalks, and on-street parking.
h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in
traffic and traffic impacts from proposed use): See attached traffic study updates for
Palamanui.
i. Other related information: This request for change of zone represents a relatively
minor adjustment to the Palarnanui Master Planned Community Zoning Map and
overall project concept. The 725-acre community has always been planned as a
mixed-use community. This action will simply allow the introduction of some
distribution and wholesaling uses into a limited portion of the site.
j. Proposed on-site and off-site infrastructure: Please see attached maps and Project
District Zoning requirements for a description of regional roads, schools, park and
infrastructure improvements which will be provided as Palamanui is developed over
time.
B. CONFORMANCE WITH STATE/COUNTY PLANS
2. State Land Use designation: Urban
3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management
(existing public access, scenic or open space resources, coastal view planes, and coastal
ecosystems): The subject property is not within the SMA.
4. Applicable goals/policies and objectives of the General Plan:
5. General Plan designation (LUPAG Map): Urban Expansion
6. Zoning: Project District (ORD. 06-105)
7. Community Development Plan: Growth opportunity area
Special Management Area: Subject property is not located within the SMA
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE
PROPERTY AND SURROUNDING AREA
D
Physical Characteristics/Environmental Setting:
9. Description of subject property, location, climate, topography, slope, soils (including size,
shape, existing structures):
10. Lava Hazard Zone: Zone 4
11. Distance from coastline: Approx. 2 miles
12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: "other"
13. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type:
14. Land Study Bureau soil rating: a'a (rLV) and pahoehoe (rLW) lava and some scrub
vegetation
15. Flood Insurance Rate Map (FIRM) designation: (Contact Department of Public Works -
Engineering Division) Zone " X". Outside the 500 year flood plain.
16. Existing drainage ways or improvements: None
17. Air/noise/water quality: Air: No issues except for periodic vog. Noise: Good. Airport
noise very slight on subject site. Water quality: Subsurface water is present. See Final
Environmental Impact Statement.
Historic Resources:
18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register:
(Contact Department of Land and Natural Resources) No sites on National or Hawaii
Register
Natural Resources:
19. Existing floral/faunal resources (any native or exotic plants; any listed or candidate for
endangered species): None in subject area, which is largely lava and fountain grass.
20. Scenic or coastal resources: Subject site has not been identified as a scenic site. Also site is
2 miles inland from the coast, 800' mauka of Queen Kaalmmanu Hwy.
Valued Cultural Resources:
21. Identify any traditional and customary native Hawaiian rights that are exercised in the area;
the extent in which the proposed development will affect these rights; and feasible action to
betaken to protect native Hawaiian rights if they exist. There is an old trail in the subject
area. This will be preserved in its own lot and will not be sold as part of the project. The
trail will be open for walking by the public as part of a project-wide trail network.
Public Access:
A
22. Existing public access to and along the shoreline or to mountain areas and knowledge of
public access being used: Very little public access has been seen at the subject inland site.
Social-Economic Characteristics:
23. Social settlement pattern for the area:
24. Economic resources of the area: The Kona Region and the entire State of Hawaii are
currently in an economic slow-down after years of rapid growth.
25. Land values: Land values have declined over the recent year after many years of increasing
values.
Surrounding lands:
26. Land user To the north and south lies vacant; State of Hawaii owned land.
27. Zoning: The State land to the north is zoned conservation and to the south it is zoned open
by the County and Urban by the State.
D. PUBLIC FACILITIES AND SERVICES
28. Description of access: (paved or unpaved; private or county; right-of-way and pavement
width. If private road, submit evidence of legal access rights):
29. Availability of water: Water is available to the site.
30. Sewage disposal: Palamanui will construct and put into operation a private sewage
collection and treatment system to handle the sewage flow generated on this project.
31. Solid waste: Palamanui has its own solid waste management plan approved for the project
by the :Department of Environmental Management.
32. Police & fire protection: Available to the site.
33. Schools: Palamanui has an agreement with the State DOE to construct a DOE building.
34. Parks: Palamanui will construct and dedicate a 20-acre regional public park adjacent to the
subject site.
35. Other utilities and services (telephone/electricity): Electricity, telephone, and cable will be
available to the site.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
16. Relationship between local short term uses of environment and maintenance and
enhancement of longterm productivity: Uie subject site is a 29.92 acre portion of the 725
acre Palamanui project which is in the urban district and currently zoned project district. The
site is, however, largely vacant land. Approval and construction of the project will commit
the site to urban commercial, distribution and wholesaling uses.
37. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: The Palamanui
project will implement mitigation measures for any negative impacts. Mitigation efforts will
be implemented through the Integrated Natural Cultural Resource Management Plan
(INCRMP); preservation of significant historic, cultural, and natural resources; monitoring
during and after construction; and other measures as adopted as part of the Decision and
Order of the Petition for Land Use District Boundary Amendment for Palamanui included as
part of this application.
In tenns of community impact mitigation, Palamanui will provide a network of roads and
infrastructure which will allow the University of Hawaii West Hawaii Center to access thew
500 acres and begin development. The Kona community has strongly supported the
establishment of a higher education complex in west Hawaii. Refer to Section 6.0 (Probable
Impacts and Mitigative Measures) of the Palatnanaui FEIS.
38. Alternative to the proposed development: The alternative to this proposed project is to leave
the site in the project district zone and limit development options to those permitted in CV or
CN categories.
39. Irreversible and irretrievable commitments of natural resources that would be involved if
proposed action implemented: Construction and operation of the proposed action will result
in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major
resource commitments include the land on which the facilities will be constructed as well as
money, construction materials, manpower, and energy. Refer to section 6.1.4 (Irreversible
and Irretrievable Commitments of Resources) and 63.5 (Adverse Environmental Effects that
cannot be Avoided) of the Palamanui. FEIS.
F. AGENCIES - COMMENTS
40. The following agencies have commented on the Palamanui EIS and zone change process.
Updated comments on this 27-plus acre proposed change of zone will be obtained and
provided to the Planning Department.
a. Department of Public Works:
b. Department of Water Supply:
c. Police:
d. Fire:
e. Department of Finance - Real Property Tax Division:
£ State of Hawaii Department of Land and Natural Resources - Historic Preservation
Division:
g. State of Hawaii Department of Transportation - Highways Division:
h. State of Hawaii Department of Health:
i. Community groups/individuals, Civil Defense, Office of Housing and Community
Development:
j. State of Hawaii Department of Hawaiian Home Lands:
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AMENDMENT TO THE ZONING CODE
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
PROJECT DISTRICT (PD)
TO
INDUSTRIAL-COMMERCIAL MIXED DISTRICT (MCX)
AT KAU, NORTH KONA, HAWAII
PREPARED BY:
PATTISON LAND. SURVEYING,.INC,
73-5618 Maiau Street, Unit 8104. Kailua Kona, Hawaii 96740
TMK: (3) 7-2-005:001 par Phone 327-9439 • Fax 327-9443 -Cell 960-4005 DATE: FEB 18, 2009
.
EXHIBIT "A"
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ROADWAY ALIGNMENTS - CONCEPTUAL
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 224
Draft 9
ORDINANCE NO. 06 105
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 (A-3a) AND
OPEN TO PROJECT DISTRICT (PD) AT KAU, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-2-5:1.
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 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following areas situated at Kau, North Kona,
Hawaii, shall be Project District (PD):
PARCEL "A":
Beginning at the northwest comer of this parcel, being also along the east side of
Queen Kaahumanu Highway (Project No.: 19 BC-01-71), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPUU", being
9,071.21 feet North and 23,751.69 feet West and thence running by azimuths measured
clockwise from true South:
1. 291 ° 46' 30" 5726.03 feet along the Kukio-Ooma Government
Tracts;
2. 17° 56' 2314.09 feet;
3. 1150 03' 36" 5449.47 feet along the Government Lands of Makaula;
4. 1890 19' 55" 2044.65 feet along the east side of Queen Kaahumanu
Highway (Project No.: 19 BC-01-71) to the
point of beginning and containing an area of
274.861 Acres.
Planning Dept.
Exhibit A
PARCEL "B":
Beginning at the northwest corner of this parcel, being also along the south side of
Kukio-Ooma Government Tracts, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAHIPUU", being 6,947.06 feet North and
18,434.23 feet West and thence running by azimuths measured clockwise from true South:
1. 2910 46' 30" 784.96 feet along the Kukio-Ooma Government
Tracts;
2. 2800 28' 22" 2806.44 feet along the Kukio-Ooma Government
Tracts;
3. 290° 55' 24" 3323.43 feet along the Kukio-Ooma Government
Tracts;
4. 170 14' 2844.54 feet along Lots 36, 37, 38, 44, 15, 14, 13, 12,
11, 10 and 9 of Makalai Estates - Phase 2
(File Plan 2294);
5. 1000 15' 30" 1838.50 feet along the Government Lands of Makaula;
6. 115° 03' 36" 5137.19 feet along the Government Lands of Makaula;
7. 197° 56' 2314.09 feet to the point of beginning and containing
an area of 450.343 Acres.
All as shown on 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:
(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.
2
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A03-744) dated May 19, 2005.
C. The applicant shall comply with the conditions as set forth in the Water Agreement
between K-W Kau, LLC and the Water Commission of the County of Hawaii dated
June 15, 1999.
D. The project shall consist of a maximum of 725.2 acres for single-family and multi-
family residential, commercial uses, hotel, university and public school facilities,
dry forest preserve, archaeological and cave preserve areas, active and passive
parks, a trail system and supporting infrastructure.
E. The maximum number of residential units allowed shall be 1,116 units, including
the on-site affordable housing units.
F. The maximum number of hotel rooms shall be 120.
G. Commercial spaces for medical, office, retail, classrooms and health related uses
and hotel shall be limited to 102 acres.
H. Active and passive parks (Open, Park and Preservation) shall be developed on a
minimum of 177.8 acres. A "Constraints Area" which includes the approximately
55-acre dry forest preserve, archaeological sites/cave and park areas, shall be set
aside in the project area.
1. The uses allowed in the Project District shall be all permitted uses allowed by right
3
in the RS, RM, CN and CV zoned districts, and related facilities. Uses allowed by
Use Permit in the CV district, other than golf courses, may be allowed by use
permit.
J. A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, hotel, university and public school facilities,
commercial uses, parking, open space and recreational areas and other related
improvements on the property, shall be submitted to the Planning Director within
two (2) years from the effective date of the Project District Ordinance or prior to
submission of plans for plan approval or subdivision approval, whichever occurs
first.
K. Substantial construction of the proposed development shall commence within five
(5) years from the effective date of the Project District Ordinance. "Substantial
construction" means the actual start of construction of project infrastructure under a
bona fide contract of not less than ten million dollars ($10,000,000.00). Prior to
construction, the applicant, successors or assigns shall secure Final Plan Approval
for the proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall
identify proposed structures, fire protection measures, paved accesses and parking
stall, and other improvements associated with the proposed uses.
L. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements. Landscaping rules,
such as the screening of single-family residential from commercial areas,
shall be applied according to the actual uses.
2. The height limit for structures within the project area shall not exceed the
following:
4
a. Single-family residential development: 35 feet
b. Multiple-family residential and hotel developments: 45 feet
c. Office and retail commercial development (not more than three
stories): 45 feet.
3. The minimum off-street parking and loading space requirements of Chapter
25, Hawaii County Code shall be complied with, including compliance with
the American Disabilities Act (ADA) requirements.
M. The variances from Chapters 23 (Subdivision) and 25 (Zoning), Hawaii County
Code, as presented in Planning Department Exhibit 2 (Applicant's November 21,
2005 letter with attached Tables pages 1 to 6 related to Variance Requested from
Sections in Subdivision and Zoning Codes, and Applicant's Figure 2 - Conceptual
Character of Town Center/Residential Village Center, Figure 3a - Residential
Village Center Alternative: 4,000 SF Lot, Figure 3b - Residential Village Center
Alternatives: 6,000 SF Lot, Figure 4a - Conceptual Plan: Roadway Concepts -
Dedicable, Figure 4b - Conceptual Plan: Roadway Concepts - Nondedicable, and
Figure 5 - Residential Village Center Alternatives: Zone Lot Line Concepts) shall
be allowed under the Project District. The applicant shall submit detailed plans to
the Planning Director showing street designs and cross-sections, and adjacent
building designs, with the Master Plan. The Planning Director may require
modifications to the street sections to provide sufficient on-street parking where the
plans do not provide adequate off-street parking (such as the 4,000-square foot lots
with a one-car garage and insufficient setbacks to allow parking in driveways), and
may require further changes necessary for public safety and convenience. All roads
built with the variances allowed under this condition will be non-dedicable. With
regard to the requested zero line building setbacks, the applicant shall conform to
the current Hawaii County Building Code requirements. As part of the Master
Plan, the applicant shall submit plans for pedestrian movement through the project
district, which shall identify areas where sidewalks will be included to permit safe
5
pedestrian access to the Town Center and other important points in the
development.
N. To ensure that the project is developed according to its stated goal of creating a
mixed use residential community, the project must include residential development.
The project shall have at least one residential unit for every 600 square feet of
nonresidential development (under roof). Space used by the University shall not be
included in the calculation of nonresidential space. There is no minimum
requirement for the nonresidential development.
0. The permitted hotel, designated as the "University Inn and Conference Center,"
shall function as a business hotel and in conjunction with University operations. It
shall not be operated under a time-share plan or other arrangement that provides for
shared ownership of individual units on the basis of time intervals, or club
membership allowing periodic use.
P. Occupancy of the hotel shall not be granted until the construction of the Queen
Kaahumanu Highway, Phase lI widening improvements to four lanes from
Kealakehe Parkway to the Kona International Airport at Keahole has been secured
by the State entering into a construction contract for the improvements, or until
construction has commenced on the 20,000 square foot University building, or the
building's completion has been assured by bond or other security acceptable to the
Planning Director, whichever comes first.
Q. No retail commercial structures may be located closer than 1,500 feet from the
Queen Kaahumanu highway right-of-way.
To ensure that the commercial development corresponds with the applicant's
representations regarding neighborhood-scale commercial development, no single
retail establishment shall have more than 45,000 square feet of developed area
6
under roof.
r Total retail space (not including restaurants) shall not exceed 75,000 square feet
3 I under roof until the construction of the Queen Kaahumanu Highway, Phase II
widening improvements to four lanes from Kcalakehe Parkway to the Kona
International Airport at Keahole has been secured by the state entering into a
construction contract for the improvements. The square footage of improvements
leased or given to the University of Hawaii shall not count against this limit.
T. The applicant shall set aside a "Constraints Area" including the approximately 55-
acre dry forest preserve, archaeological sites/cave and park areas on the project site.
U. The applicant shall develop one 20 acre active park site prior to occupancy of the
first residential unit on the property. The 20 acre active park site shall include two
playing fields which may be one baseball field and one soccer field, or two baseball
fields or two soccer fields, parking lot and restrooms, with the specific requirements
to be determined in consultation with the Department of Parks and Recreation. The
20 acre active park shall be constructed to county-dedicable standards, and the
county shall accept dedication.
V. There shall be an 800-foot setback from the Queen Kaahumanu Highway. No
structures, other than those allowed under Condition No. 7 of the Land Use
Commission's Decision and Order, shall be allowed within the 800-foot setback
area. A copy of the metes and bounds description for this open space area, and
proposed covenant(s) shall be submitted to the Planning Director for review and
approval prior to receipt of Final Plan Approval or land alteration activities,
whichever occurs first. The approved covenant(s) shall be recorded in the Bureau
of Conveyances prior to the issuance of Final Plan Approval, or land alteration
activities, whichever occurs first. A copy of the recorded covenant(s) shall be
provided to the Planning Department.
7
W. All project utilities shall be underground.
X. The applicant shall construct the following roads to access other properties and the
regional road system:
I . Project access road from the Queen Kaahumanu Highway to the eastern
boundary of the project. (Road "I" on attached map Exhibit `B"): Road "1"
shall intersect with the Queen Kaahumanu Highway at a location approved
by the State Department of Transportation, and shall connect with Makalei
Drive at the eastern (mauka) end. The road shall be constructed on an 88-
foot wide right-0f--way, as a two-lane road, to county-dedicable standards as
a collector road, from the Queen Kaahumanu Highway to the intersection
with Road "3". From Road "3" to the intersection with Makalei Drive, Road
"1" shall be constructed to county-dedicable standards as a minor street,
except that design standards shall be varied to permit the connection with
Makalei Drive without encroaching into the Lowland Dry Forest Preserve.
The connection with Makalei Drive shall be designed to not encroach into
the Lowland Dry Forest Preserve. The grade shall not exceed 10%, except
near the connection with Makalei Drive. At the Queen Kaahumanu
Highway, the intersection shall be improved in accordance with one of the
following two options:
(a) If a grade separated interchange is available to connect Road "1" to
Queen Kaahumanu Highway when Applicant is ready to construct Road
"I", Applicant will connect Road "1" to such interchange and in such case,
Applicant will contribute $1,500,000 to the Department of Transportation.
(b) If a grade separated interchange is not available to connect Road "1"
to Queen Kaahumanu Highway when Applicant is ready to make the
8
connection, Applicant shall improve the intersection at its expense as
required by the Department of Transportation, but shall include, at a
minimum, a deceleration and an acceleration lane on Queen Kaahumanu
Highway, a left-turn lane on Queen Kaahumanu Highway, a refuge lane for
vehicles turning left into Queen Kaahumanu Highway, and a dedicated
right-turn and left-turn lane from Road "1" to Queen Kaahumanu Highway.
If warranted, at the request of Department of Transportation, the applicant
shall install traffic signals and a second left-turn lane from the main project
access road to the Queen Kaahumanu Highway.
2. "Mid-Level Road" from Road "1" to Kaiminani Drive (Road "2" on Exhibit
"B"): The applicant shall construct the mauka half-section of a 120-foot
wide right-of-way to county-dedicable standards as a collector road. The
applicant shall construct the intersection at Kaiminani Drive meeting with
the approval of the Department of Public Works, but the intersection shall
include a left-turn lane on Kaiminani Drive.
3. A north-south collector road at approximately the 600-foot elevation (Road
"3" on Exhibit `B'): The north-south collector road shall be designed to
function as a portion of a collector road (Road "4") connecting Highway
190 with Road "1 "and the Queen Kaahumanu Highway. Road "3" shall be
constructed to county-dedicable standards as a 60-foot wide collector road
with an 88-foot wide right-of-way. The applicant shall construct the
intersection between Road "3" and Road "1" meeting with the approval of
the Department of Public Works.
4. New Connector Road to Mamalahoa Highway Project (Road "4" on
attached Map Exhibit "B"). Applicant shall construct Road "4", at its sole
expense, as a two-lane 60-foot wide county-dedicable collector road,
including shoulders and swales, within an 88-foot right-of-way. The final
9
design and maximum grade of Road "4" shall be determined by the Director
of Public Works after consultation with the Planning Director. Applicant
shall not be required to install streetlights, except at the intersection with
Highway 190, or utilities. If another private developer is required to
participate in building Road "4" as a condition of land use approvals,
Applicant's share shall be limited to the portion of Road "4" on Applicant's
property and on State land. The County shall obtain the necessary right-of-
way outside of Applicant's property.
5. A road to connect south to the future extension of Holoholo Street - Nana
Street (Road "5" on Exhibit "B"): The applicant shall build Road "5"
within the project area to county-dedicable standards as a minor street, and
it shall intersect with Road "I".
6. The Planning Director may require other local streets within the project to
provide local connections to the adjoining property to the north and south as
a condition of subdivision approval or plan approval.
7. At the western (makai) end of Makalei Drive, the applicant shall provide
safety improvements necessary to make a safe transition to Road "1", which
may include, but are not limited to, rumble strips and establishing
superelevation for the curve, as required by the Department of Public
Works.
8. The following road improvements shall be completed before a certificate of
occupancy is issued for any portion of the subject property, or completion of
any single-family homes, whichever comes first:
(a) Road "I", at least from the Queen Kaahumanu Highway to the
intersection with the Mid-Level Road (Road "2");
10
(h) the intersection of the main project access road with the Queen
Kaahumanu Highway; and
(c) the Mid-Level Road (Road "2) from the main project access road to
Kaiminani Drive, and the Kaiminani Drive intersection.
9. The following road improvements shall be secured by bond or other surety
meeting with the approval of the Planning Director to guarantee that the
improvements will be completed within two (2) years after the issuance of a
certificate of occupancy for any portion of the subject property, or
completion of any single-family homes, whichever comes first:
(a) the remaining portion of Road "1", including any necessary
improvements to the lower portion of Makalei Drive;
(b) Road "3", and
(c) Road "5."
10. Applicant shall complete Road "4" no later the six (6) years after the
effective date of this ordinance, except as may be allowed under Condition
"UU". Applicant shall assure the completion of Road "4" by bond or other
security accepted by the Planning Director no later than the issuance of a
certificate of occupancy for any building, other than the University or the
State Department of Education (DOE) building, or final subdivision
approval for any subdivision creating single-family residential lots.
Certificate of occupancy for any building, other than the University or DOE
building shall not be issued, and final subdivision approval for any
subdivision creating single-family residential lots shall not be granted, until
11
the necessary right-of-way for Road "4" has been obtained from any other
private landowner.
11. Makalei Drive is a "minor road" and will not be open to the public until the
collector Road 4 is open for public use.
Y. There shall be no direct access from individual lots to collector streets.
Z. Construction vehicles shall not utilize Makalei Drive.
AA. No vehicular security gate shall be installed within sixty (60) feet of any proposed
county road and a turnaround gate shall be provided within the private road or
property on the county road side of the gate.
BB. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to issuance of any construction
permit. Drainage improvements shall be constructed, meeting with the approval of
the Department of Public Works, prior to issuance of a certificate of occupancy for
any buildings, or final subdivision approval for any subdivision creating single-
family residential lots.
CC. A Solid Waste Management Plan shall be prepared and submitted for approval to
the Department of Environmental Management prior to submitting plans for Plan
Approval review. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of
Environmental Management.
DD. A wastewater treatment system shall be constructed, meeting the approval of the
State Department of Health and/or Department of Environmental Management,
whichever is applicable. All wastewater shall be treated at an approved wastewater
12
treatment plant, to a minimum of secondary treatment, with R-1 effluent, unless a
greater level of treatment is required by the Department of Health. Wastewater
shall be used for irrigation of landscaping or other beneficial reuse to the maximum
extent feasible.
BE. University of Hawai'i Condition. Applicant shall provide the following to relocate
the University of Hawaii operations:
1. Connectivity with the University of Hawai'i 500 acre site. Applicant shall allow
the University of Hawaii to connect with its wastewater and water supply systems.
Applicant shall also allow the University of Hawai'i to connect electrical and
telecommunication systems to facilities installed within the project. These
connectivity sites shall be to the University's satisfaction and located along its
northern boundary on Road "1".
2. Build Applicant's wastewater treatment system to handle the wastewater from the
initial University of Hawai'i building and design the wastewater treatment system
to accommodate future expansion for wastewater from future expansion of the
University of Hawaii operations.
3. Design and construct an initial classroom and administration building of 20,000
square feet, with associated parking, at Applicant's expense. If the University of
Hawaii's design results in the cost of design and constructing of the building and
associated parking exceeding $5,000,000, Applicant shall he responsible for the
first $5,000,000 and the University shall be responsible for the balance. The
building shall be constructed on the State land designated for University use.
Construction on the building shall commence as soon as the University has required
the necessary consents and approvals. If the necessary consents and approvals
cannot be obtained by the State, the University shall have the right to lease from
Applicant appropriate space to house University of Hawaii at West Hawaii until
13
the necessary consents and approvals are obtained at comparable lease rates now
being paid by the University of Hawaii until the 20,000 square foot building can be
constructed on the State land at Applicant's expense. Applicant shall commence
construction of the building, or assure its construction by a bond or other security
accepted by the Planning Director and the Chancellor of Hawaii Community
College, before the issuance of a certificate of occupancy for any building, other
than the DOE building, or final subdivision approval for any subdivision creating
single-family residential lots. Applicant shall complete construction of the
University building no later than two (2) years after the issuance of a certificate of
occupancy for any building, other than the DOE building, or final subdivision
approval for any subdivision creating singe-family residential lots. The location
and design of the building (interior and exterior) and related improvements will be
on terms determined by the University of Hawaii. The University of Hawaii shall
consult on design of said building with Applicant.
FF. Applicant shall enter into an agreement with the DOE, in accordance with the terms
of the State Land Use Decision and Order (Docket No. A03-744) dated May 19,
2005. If Applicant's agreement with the DOE is later amended, Applicant shall file
a copy of such amendment with the Planning Department and shall comply with the
terms of the amended agreement. Applicant shall contribute to the DOE an 8,000
square foot building within the project site to use for a period of twenty (20) years,
subject to the following conditions:
1. No rent or common area maintenance fees will be charged to the DOE.
2. The building will be used as instructional and office space for the school
complexes located in West Hawaii.
3. The building will meet DOE facility standards, with finished classrooms,
workshops and offices.
14
4. Applicant will collaborate with the DOE on the requirements of the building in
order to develop building plan subject to DOE approval.
5. The finished building will be available to the DOE within two (2) years of the
issuance of a certificate of occupancy for any multifamily residential building,
or within two (2) years from the completion of any single-family residential
building within the development, whichever comes first.
6. Following the initial twenty (20) year period when the building will be made
available to the DOE, the building will be made available to the DOE for
additional years, at the prevailing rental rates.
7. If the DOE and Applicant determine that despite good efforts, a building cannot
be provided, or the DOE no longer needs the facility and its design has not been
completed, Applicant will make an equivalent school fair-share cash
contribution in an amount to be determined by the DOE. This cash contribution
shall be expressly reserved for use within the Kealakehe complex of schools.
g. The value of the building and its use is meant to be credited against any DOE
requirements under the State Land Use Decision and Order.
GG. An Emergency Response Plan shall be submitted to the Civil Defense Agency for
review and approval, prior to the issuance of a certificate of occupancy.
HH. 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. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
15
Subdivision Approval for any subdivision creating single-family residential lots,
whichever occurs first. The reduction in minimum lot sizes and the increase in
density permitted by Section 11-8, Hawaii County Code, for affordable housing
built on-site shall not apply to this project district because the reduction in
minimum lot sizes has already been incorporated into the conditions of this project
district zoning, and the limit on residential units stated is meant to include
affordable units built on-site. Applicant shall satisfy its affordable housing
requirements by on-site construction of units, and not utilize any affordable housing
credits generated off-site.
II. 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 Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it is found that sufficient mitigation measures have been taken.
J7. The applicant shall implement the Integrated Natural Cultural Resource
Management Plan (INCRMP) dated May 14, 2005, for the Lowland Dry Forest
Preserve (Exhibit "D" and "F" to the INCRMP). Preservation actions, with fire
control as a priority, shall begin no later than six months after the effective date of
this ordinance.
KK. The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to
preserve the major stands of wiliwili trees.
LL. The applicant shall implement the INCRMP for the cave areas (Exhibit "E" to the
INCRMP).
MM. The applicant shall implement the Archaeological Preservation Plan (Exhibit "C" to
16
the INCRMP), along with any amendments and modifications thereto as approved
by the State Historic Preservation Division.
NN. The Planning Director may approve modifications to the INCRMP conforming to
the general purposes of the INCRMP, after consultation with the DLNR-DOFAW.
00. To ensure that the property will be developed as an integrated project, the applicant
shall establish covenants to all deeds to any parcels, except parcels to be conveyed
to individual residents, that require a master association to administer the
development of the project district in accordance with the conditions of land use
approvals. The covenants shall give notice that the various parcels are subject to an
overall zoning that requires coordinated development. Until the master association
is formed, the applicant shall be responsible for ongoing duties such as the
management of the Dry Forest Preserve Area and other stewardship duties, and for
contingent project responsibilities. After the formation of the master association,
those responsibilities, except for offsite infrastructure requirements, shall be
transferred to the master association.
PP. The applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation, fire, police, solid waste
disposal facilities and roads. The fair share contribution shall become due and
payable on the sale or lease of residential units subject to such contribution. The
fair share contribution shall have a maximum combined value of $6,411.25 per
multiple family residential unit ($9,991.20 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 multiple family residential unit (single family residential units)
shall be allocated as follows:
17
1. $3,162.49 per multiple family residential unit ($4,817.93 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $99.95 per multiple family residential unit ($232.42 per single family
residential unit) to the County to support police facilities;
3. $307.46 per multiple family residential unit ($459.06 per single family
residential unit) to the County to support fire facilities;
4. $137.04 per multiple family residential unit ($200.98 per single family
residential unit) to the County to support solid waste facilities; and
5. $2,704.31 per multiple family residential unit ($4,280.82 per single family
residential unit) to the County to support road and traffic improvements.
The fair share contribution shall be waived for the affordable housing units. In lieu
of paying the fair share contribution, the applicant may contribute land and/or
construct improvements/facilities related to fire, police, and solid waste disposal
facilities within the region impacted by the proposed development, subject to the
review and recommendation of the Planning Director, upon consultation with the
appropriate agencies and approval of the County Council. With respect to the fair
share contribution for parks and recreation, that contribution for all residential units
will be satisfied when Applicant completes and offers for dedication all of the land
facilities for the active use park described in Condition "U" above. The fair share
contribution for roads will be satisfied upon completion of the Mid-Level Road
(Road "2"), Road "3", Road "5" and Road "4".
QQ. 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
18
shall be credited towards the requirements of the Unified Impact Fees Ordinance.
RR Comply with all other applicable County, State and Federal laws, rules, regulations
and requirements.
SS. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report shall
include, but not be limited to, the status of the development and the extent to which
the conditions of approval are being satisfied. This condition shall remain in effect
until all of the conditions of approval have been satisfied and the Director
acknowledges that further reports are not required.
TT. An initial extension of time for the performance of conditions within the ordinance,
except for the six-year time limit in Condition X.10, 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 Project District.
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).
19
5. If the applicant should require an additional extension of time the Planning
Department 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 Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
UU. The Planning Director may permit an extension of the six-year time limit to
complete Road "4" in Condition X.10, provided that the requirements of
Condition "TT" are met, and, in addition, the new deadline for the completion of
Road "4" is not more than two (2) years after the completion of any building,
including single-family residential buildings, other than the University building or
the DOE building.
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.
INTRODUCED BY:
tTiUNCIL MIMBER, CO F HA `I
Hilo Hawaii
Date of Introduction: June 5, 2006
Date of 1st Reading: June 21, 2006
Date of 2nd Reading: July 7, 2006
Effective Date: July 17, 2006
REFERS M Calm: 6 8 71
20
~ _ A-SOOa
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PROJ CT DISTRICT PD
74.861 ACRES / A-5063
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OPEN 16,434.23 W -
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i4I; ~i'ip..e. r:y Lori=~AI11E'
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AGRICULTURAL (A•3s)
a TO PROJECT DISTRICT PD
450.343 ACRES
A•5' j I
A- 20
n OPEN A-50
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AMENDMENT TO THE ZONING CODE
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 (A-3a) AND OPEN (O)
TO PROJECT DISTRICT (PD)
AT KAU, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK: 7.2+005:001 Date: No n*or 20051
EXHIBIT "A" (HILUHILU DEVELOPMENT, LLC 1168)
N
- - r Jm
tQ
o
?O~ "
a O
~a
Y
Miles
p 0.5 1 2 3
ROADWAY ALIGNMENTS - CONCEPTUAL
Date: January fl, 20M
EXHIBIT "B" {HILUHILU DEVELOPMENT, LLO)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii r'
Draft 5 1
Introduced By: Stacy K. Higa L LV_OTE
Date Introduced: June 5, 2006 AYE N S EX
First Reading: June 21, 2006 Atakaki
Published: June 30, 2006 H1ga
Hoffmann X
REMARKS: Holschuh X
June 5, 2006-Drafts 1,2,& 3 postponed Ikeda x
to June 21, 2006 Council Meeting Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
Second Reading: July 7, 2006
To Mayor: July 11, 2006 (Draft 9)
ROLL CALL VOTE
Returned: July 17 2006 -
Effective: July 17 2006 AYES NOES ABS EX
Arakaki X
Published: Jul 21 2006 X
REMARKS Higa
Hoffmann X
:
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik x
6 2 1 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FO AND LEGALITY:
COUNCIL CHAIRMAN
CORPORATION CO SELD P odfA2
COUNTY OF HAWAII COUNTY CLERK
?nng
Date .JUL 14
Bill No.: 224 (Draft 9)
~ CC-687.95/PC-73
pprove sapprovedthis day Reference:
?
Ord No.:
"L" ~6 i 10S
VYORA , 20 ~ ~
1
II~T OFHAWAI11
Pl.n °f . alT
DEPARTMENT OF PUBLIC WORKS i ?JUN, 22 tl: Cb
COUNTY OF HAWAII
HILO, HAWAII
DATE: June 19, 2009
Memorandum
TO B.J. Leithead-Todd, Planning Director
Planning Department /
FROM Galen M. Kuba, Division Chief
9A Engineering Division
SUBJECT, Change of Zone Application (REZ 09-000094)
Project District to MCX 20
Applicant: Palamanui Global Holdings LLC
Location: Kau, N. Kona, HI
TMK: 3/ 7-2-005:001
We reviewed the subject application and our comments are as follows:
ROADWAYS
Comments are made without the benefit of a zoning exhibit for development of the
subject area.
1. Vehicular access to the individual lots shall not be from any major collector or
arterial roadways.
2. Roadway connections to adjoining parcels should be provided meeting with the
approval of the Planning Director in consultation with DPW.
3. The applicant should, at minimum, construct all roadways serving adjacent
properties to County dedicable standards. The Department of Public Works
recommends concrete curb gutter and sidewalk be provided for all streets within
commercial developments.
4. In the interests of pedestrian and bicyclist safety, bike lanes should be
considered throughout this project.
Havoeii County is an Equal Opportunity Provider and Employer - €
Planning Dept..ESCANNED
Exhibit 3 2 Zoos
Memo to PD REZ 09-000094
June 19, 2009
Page 2 of 2
5. Any utility poles in the road right-of-way shall be installed as shown on DPW
Standard Detail R-35 (Revised). The applicant shall provide any necessary
easements for installation of such utilities.
6. We defer to the Planning Department the applicants responsibility to construct
the required street infrastructure according to the Kona Community Development
Plan.
7. A Roadway and ;Traffic Circulation Plan should be submitted for review and
approval by the Planning Director in consultation with DPW prior to issuance of
tentative approval for any subdivision or Plan Approval for any development. The
plan shall show travel lanes, intersection traffic control and lane assignments.
TRAFFIC
The applicant should be required to submit a Traffic Impact Analysis Report (TZAR)
prepared by a licensed professional traffic engineer, and provide all improvements in
compliance with the Hawaii County Code Section 25-2-46 - Concurrency requirements.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emier of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO
PLNG-HILO/KONA
tY Of y
digs of ~I ~'S.' (t r er'~.{d
William Kenoi Lono A. Tyson
Mayor t All 0 irector
Ivan M. Torigoe
Deputy Director
Gultfv of"tifuztil
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawar i 96720
(808) 961-8083 - Fax (808) 961-8086
http)/co.hawaii.hi.us/directory/dir envmng hqn
MEMORANDUM r,A q
Date ' Af .27 Y049
/
To BJ LEITHEAD TODD, Planning Director
From: LONG A. TYSON, Director
Subject: Change of Zone Application (REZ 09-000094)
Request: Project District to MCX-20
Amendment to Change of Zone Ordinance No. 06-105 (REZ 05-010)
Applicant: Palamanui Global Holdings LLCD
TMK: 7-2-5:portion 1
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: Z~(~(--R -M ~y t tom- Qag %,v
.
WASTEWATER COMMENTS:
( ) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5
of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii
County Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85
Hof the Hawaii County Code.
)Other: P'~ r W -7.-0
SOLID WASTE COMMENTS:
( ) No comments
(9,r) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
(,k-? ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
O Ample and equal room should be provided for rubbish and recycling.
( c) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
( a:) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
(K) Existing Solid Waste Management Plan is to be followed, Provide update to the department on current status.
( } Other:
pt_---
e c S f 1'ia
cc: SWD, WWD Exhibit r>
atv as pq
1 \11Ca,
Wdliain'P Kenoi' -
i
Stephen J. Arnett
Mayor - - Housing Adminis tralor
oj';t ~e~e
1>~ of •H',N~
9:1000 of wwatt
OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
50 Wailaka Drive • Hilo, Hawaii 96720.2484
V/TT (808) 961-8379 • FAX (808) 961-8685
May 20, 2009
MEMORANDUM
TO: BJ Leithead Todd
Planning Department
FROM: eph P" J. Arnett~
~
l Housing Administrator
SUBJECT: Change of Zone Application (REZ 09-000094)
Request: Project District to MCX-20
Amendment to Change of Zone Ordinance No. 06-105
Applicant: Palamanui Global Holdings LLC
Tax Map: (3)7-2-005:portion 001
Pursuant to Hawaii County Code, Chapter 11, Housing, are
applicable to the request.
Thank you for the opportunity to comment.
SCANNED
MAY :2009
Planning Detft#
e
G: \PLANNING\1781pas r.doc Exhibit
EQUAL HOUSING OPPORTUNITY
f 1J~v~fA'1$L t14I A;1
LINDA LINGLR I}~1 r t-!i ~C r++x
GOVERNOR OFNAWAII ~t Al
i ¢li 9bq ati,q LAURA H.THIELEN
q ~`CI(AIRPE0.5oN
BOAPOOL EA NOANONSO R
d15uA irMNA. LOMM SEIDNON WATERPESOVRCECEMAKAGEM
MAHAGEMFM
c~'E { c .i(IIM ° I P19 12: 11 RUSSELLV.TSUD
y C EIRSi DEPUTY
M e~ ~ KEN C. KAWAHARA
oF?VIYDIREROR:,. WATER
STATE OF HAWAII - BoATE`QnN"oociA..c ATI1.
DEPARTMENT OF LAND AND NATURAL RESOURCES BVREAVOECDNVEYANCES
COMMISSION ON W. RESOURCE MANADEMENT
CONSERV Oi ANO COASTAL LANDS
CONSERVATIONANORESDVRCEB ENEORLEMEM
STATE HISTORIC PRESERVATION DIVISION wRES..C I
601 KAMOKILA BOULEVARD, ROOM 555 - Bmowc PRESERVATION
KAPOLEI, HAWAII 96707 EAHOOLAw SLANG MAER4S C...ISISN
May 27, 2009 STATEELAND
MSKS
Bobby Jean Leithead-Todd, Planning Director LOG NO: 2009.1498
County of Hawaii Planning Department DOC NO: 0905TD19
101 Pauahi Street, Suite 3 Archaeology
Hilo, Hawaii 96720-4224
Dear Ms. Leithead-Todd:
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Change of Zone Application (REZ 09-000094) & Amendment to Change of Zone
Ordinance No. 06-105 (REZ 05-10)
Kau Ahupua'a, North Kona District, Island of Hawaii
TMK: (3) 7-2-05: 01
Thank you for the opportunity to comment on the subject request for zoning ordinance changes, which
was received in our office May 1, 2009. The requested changes apply to certain conditions that were
attached to Ordinance 06-105 regarding commercial uses, roads, and the public park.
Our office has previously reviewed and approved an inventory survey, a data recovery plan and an
interim preservation plan for this development; and mitigation field work has been completed (Log No
2006.1582, Doc No. 0605JT14; Log No. 2008.0041, Doc No. 0802TS22). We have also reviewed a long-
term preservation plan and are currently awaiting revisions (Log No. 2008.3195, Doc No. 0807TD31).
We have also reviewed and commented on the revised preliminary subdivision plat map for the project
area (Log No. 2008.4575, Doc No. 0810TD20).
We believe that no historic properties will be affected by the proposed changes and amendments, with
the following conditions, which were also recommended in our subdivision review:
1. All permanent site preserves are depicted on final subdivision plats and tax maps of development
areas and on construction grading plans;
2. Interim preservation buffers are demarcated with construction fencing for sites within or near
construction areas;
3. The revised long-term preservation plan is submitted for review and approved, and long-term
preservation measures are implemented for all sites during build-out or prior to sale;
4. The report on data recovery is submitted for review and approval in a timely manner.
Please contact Theresa Dunham at (808) 987-5001 if you have any questions or concerns regarding this
letter.
Aloha,
J~~_a "ate-
Nancy McMahon, Deputy SHPO/State Archaeologist
And Historic Preservation Manager SCANNED
State Historic Preservation Division Planning Dept.
Exhibit JUN 01 2009
X53304
E , F,,,.hq LAURA H. THIELEN
tiPj `O5g'+ 9 CHAIRPERSON
y. Eoaw oP Urvu aNN rvAnIRnE RESOIntces
LINDA LINGLE
GOVERNOROF OFHAW HAR'All ~COANDSSION ON wAIER RESOURCE MAN4GEMRM
of `aNd antl Na~L 3groma'~F".
n 1,' s Eft' ~ '
STATE OF HAWAII
° DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
Scare otNa~jO POST OFFICE BOX 621
HONOLULU, HAWAII 96809
May 20, 2009
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Attention: Mr. Norman Hayashi
Ladies and Gentlemen:
Subject: Change of Zone Application (REZ 09-000094)-
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR), Land Division distributed or made
available a copy of your report pertaining to the subject matter to DLNR Divisions for their
review and comment.
Other than the comments from Division of Aquatic Resources, Engineering Division,
Land Division-Hawaii District, the Department of Land and Natural Resources has no other
comments to offer on the subject matter. Should you have any questions, please feel free to call
our office at 587-0433. Thank you.
Sincerely,
Morris M. Arta
Administrator
I SCANNE
By, 053042
Planning Dept. s
Exhibit 7 k
f ~ F H LAURA H. THIELEN
LINDA P%•••••••••••••~ y, CHAIMERSON
LE
I1 I BOgpp OF LANp ANONPNMLR&SOUSiCES
GOVERNOR NOR OF OF H HAWAII
t j COM1A9SSION ON WPTER p£$OURCE AMNgGLMEM
\'•@P
of `Tnd and Nar ~ 4B~~aaRP°p~
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
1
State otHawa" POST OFFICE BOX 621
HONOLULU, HAWAII 96809
May 1, 2009
MEMORANDUM
TO: DLNR Agencies:
Div. of Aquatic Resources
rvD" of Boating ~@ gean Recreation
i- Engineering Division
_ resfbT& Wildlife
_Div. of State Parks
-Commission on Water Resource Management
-Office of Conservation & Coastal Lands
x Land Division -Hawaii District/Gary Martin
FROM: 7 orris M. Arta CC 17
` ~m
SUBJECT: hange of Zone Application i rv < 73
LOCATION: North Kona, Hawaii U; T °
APPLICANT: Palamanui Global Holdings LLCcr; cn+
Transmitted for your review and comment on the above referenced-rdocum'. We would
appreciate your comments on this document. Please submit any comments by May 22, 2009.
If no response is received by this date, we will assume your agency has no comments. If
you have any questions about this request, please contact my office at 587-0433. Thank you.
Attachments
( ) We have no objections.
( ) We have no comments.
Comments are attached.
Signed:
Date: $ Lo
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/MorrisAtta
Ref.: AmendConditionsRezoningPalamanui
Hawaii.434
COMMENTS
We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in
Flood Zone _
(X) Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Flood Zone X. The Flood Insurance Program does not have any regulations for
development within Flood Zone X.
Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map (FIRM) is _
Please note that the project must comply with the rules and regulations of the National Flood
Insurance Program (NFIP) presented in Title. 44 of the Code of Federal Regulations (44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of
Land and Natural Resources, Engineering Division at (808) 587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NFIP Coordinators below:
Mr. Robert Sumimoto at (808) 768-8327 or Mr. Mario Sin Li at (808) 768-8098 of the
City and County of Honolulu, Department of Planning and Permitting.
Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona)
of the County of Hawaii, Department of Public Works.
O Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning.
O Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public
Works.
O The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
The applicant should provide the water demands and calculations to the Engineering Division so it
can be included in the State Water Projects Plan Update.
(X) Additional Comments: We do not have any objections to amend certain conditions to
Ordinance 06-105 and to apply for rezoning for portion of TMK (3) 7-2-005:001
(29.92 acres) from PD to MCX.
O Other:
Should you have any questions, please call Suzie S. Agman of the Planning Branch at 587-0258.
Signed:
tte-ERI . HIV, CHIEF ENGINEER
Date: _54"'101
LINDA LINGLE
S E.~ ~••„9~ GOVERNOR
aP•'v i9yi9 ' 9 THEODORE E. LIU
' DIRECTOR
MARK
DEPARTMENT OF BUSINESS, n Ru w K.A NDERSON
i 1 "1Ar $YR't M'q~j j DEPUTY DIRECTOR
t ABBEY SErH MAVER
U:. ! i 4.11
ECONOMIC DEVELOPMENT & TOUfSti/I' h4F DIRECTOR
4 {j OFFICE 0 G PLANNING
~w, u4C~ p
4
OFFICE OF PLANNING LITI MAY U ~g 1J Telephone: 18081 587-28
2
235 South Beretania Street, 6th Floor, Honolulu, Hawaii 96813 Fax: (808) 587-2824
Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804
Ref. No. P-12581
May 26, 2009
Ms. Bobby-Jean Leithead Todd, Planning Director
Planning Department, County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attn: Norman Hayashi
Dear Ms. Leithead Todd:
Subject: Change of Zone Application (REZ 09-000094)
Request: Project District to MCX-20
Amendment to Change of Zone Ordinance No. 06-105 (REZ05-010)
Application: Palamanui Global Holdings LLC
TMK: (3) 7-2-005:001 portion
Kailua Kona, Hawaii
Thank you for the opportunity to review and comment upon the change of zone
application for Palamanui Global Holdings, LLC. The subject property (LUC Docket No.
A03-744) consisting of approximately 725.2 acres was reclassified from the Conservation and
Agricultural District to the Urban District by a State Land Use Commission Decision and Order
dated June 13, 2005, subject to twenty-nine conditions.
The Office of Planning has no comments at this time. In so stating, the Office offers no
judgment of either the adequacy of the application itself or the merits of the proposed project.
If you have any questions, please contact the Land Use Division at 587-2842.
Si~cer~l}+
I
Abbey Seth Mayer
Director
Planning Dept. _ SCANNED
Exhibit 8 H `-2TI
LINDA LINGLE <E o.,~ , CHIYOME L. FUKINO, M.D.
GOVERNOR Air .',y sya 4 iJ.li Director of Health
tl 1
t
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: May 21, 2009
TO: BJ Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye r~-
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 09-000094)
Request: Project District to MCX-20
Amendment to Change of Zone Ordinance No. 06-105 (REZ 05-010)
Applicant: Palamanui Global Holdings LLC
Tax Map Key: 7-2-5:portion I
The Department of Health does not have any objections to the proposed change in land uses.
However, existing or planned land use activities adjacent to the proposed residential area should
be compatible with a residential neighborhood.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/healtbJenvironmental/env-planninvAanduse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The Wastewater Branch granted the Palamanui Wastewater Treatment Plant an approval to
construct on July 23, 2007. If it is determined that the plans needs to be revised based on the
zoning change, a revised basis of design, engineering report and construction plans for the
facility will need to be submitted for our review and approval. Plans shall be prepared in
accordance with Hawaii Administrative Rules, Chapter 11-62, Wastewater System.
WORD:REZ 09-000094.at CAN, p~7
Planning L)ept, MAY 26 _'00s
Exhibit d 9
LINDA LINGLE PATRICIA HAMAMOTO
GOVERNOR SUPERINTENDENT
r
0
~g N by
AN C, t) j P~
r
ty q
-1`19 IEAI 22 PH 2: 55
STATE OF HAWAN
DEPARTMENT OF EDUCATION
P.O. BOX 2360
HONOLULU, HAWAII 96304
OFFICE OF THE SUPERINTENDENT
May 21, 2009
Ms. BJ Leithead Todd, Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Leithead:
Subject: Change of Zone Application, Palamanui, Kau
North Kona, Hawaii, TMK: 3-7-2-05:01, (REZ 09-000094)
The Department of Education (DOE) has no concern regarding Palamanui Global Holding
LLC's request for zoning ordinance changes. The requested changes appear to have no impact
on the agreed upon plan for the developers of Palamanui to provide the required infrastructure,
parking and building structure to the DOE for instructional and office space for West Hawaii
school complexes.
If you have any questions, please call Heidi Meeker of the Facilities Development Branch at
(808) 377-8301.
Very truly yours,
Patricia Hamamoto
Superintendent
PH:jmb
C: Randolph Moore, Assistant Superintendent, OSFSS
Art Souza, CAS, Honokaa/Kealakehe/Kohala/Konawaena Complex Areas
SCANNED
I
Planning Dept. +
2 z
_
Exhibit l0
By-Q
9~-
RPa1==ui.&c-6/23/09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PALAMANUI GLOBAL HOLDINGS LLC
CHANGE OF ZONE APPLICATION (REZ 09-94)
Upon careful review of the request, the Planning Director proposes that a favorable
recommendation for a Change of Zone from Project District (PD) to Industrial-Commercial
Mixed 20,000 square feet (MCX-20) be forwarded to the County Council. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right to
modify and/or alter this position based on additional information presented at the public hearing.
This favorable recommendation is based on the following findings:
Change of Zone for approximately 29.92 acres from Project District (PD) to
Industrial-Commercial Mixed 20,000 square feet (MCX-20). The 29.92-acre area
requested for the change of zone is a portion of an approximately 70-acre area titled
"Palamanui Business Park" under the Project District designation. The applicant requests
the change of zone to MCX to allow for wholesaling and distribution uses which the
Project District zoning does not permit. The 29.92-acre area is proposed to be subdivided
into approximately 35f lots ranging in size from 20,000 to 62,000 square feet to sell or
develop into uses permitted under the MCX zoning. The applicant anticipates developing
distribution and wholesaling uses, as well as retail and office uses on the site. A mix of
buildings from 5,000 square feet to 40,000 square feet is anticipated. The cost of the
initial improvements is estimated at approximately $3 million. Individual projects on the
lots will be constructed in the future at a rate of approximately $4-5 million each year.
The Palamanui Business Park is anticipated to accommodate approximately 75-95
businesses. Parking will be provided on the individual lots. Palamanui, the master
developer, will provide subdivision improvements including curb, gutter, sidewalks and
on-street parking.
The Palamanui Business Park is anticipated to accommodate approximately 75-95
-1-
businesses. Parking will be provided on the individual lots. Palamanui, the master
developer, will provide subdivision improvements including curb, gutter, sidewalks and
on-street parking.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions can
be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting a
broad range of uses, without exposing non-industrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
The Change of Zone Application from a Project District (PD) to an
Industrial-Commercial Mixed (MCX) district is consistent with the intent and
purpose of the goals, policies and standards of the General Plan Land Use element.
In addition, the request is consistent with the Economic element of the General Plan in
that the proposed development will provide additional and expanded employment
opportunities for the residents of the area, as well as the entire island as a whole. The
employment opportunities from the proposed development as a result of this zoning
request will generate both short-term (construction) and long-term (operational)
employment.
The applicant requests the change of zone to MCX to allow for wholesaling and
distribution uses which the Project District zoning does not permit. The 29.92-acre area
requested for the change of zone is a portion of an approximately 70-acre area titled
"Palamanui Business Park" under the Project District designation.
-2-
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of action.
It is also a graphic depiction of the physical relationships among the various land uses.
The LUPAG Map establishes the basic land use pattern for areas within the County. The
LUPAG Map designates the project site as an Urban Expansion Area. This designation
allows for a mix of high density, medium density, and low density urban developments,
industrial and/or open designations in areas where new settlements may be desirable, but
where the specific settlement pattern and mix of uses have not yet been determined.
The change of zone from Project District to the Industrial-Commercial
Mixed district will not result in a substantial adverse impact upon the surrounding
area, community or region. The Palamanui Project area is bordered by the Queen
Ka'ahumanu Highway on the west and Makalei Estates (A-3a) to the east. Vacant lands
to the north are owned by the State and zoned A-5a. State lands to the south zoned A-5a
are proposed for the development of the University of Hawai'i Center of West Hawai'i.
The University of Hawai'i, which owns approximately 500 acres adjacent to the subject
property, entered into a MOU (amended April 16, 2004) with the applicant to discuss joint
development opportunities, with the applicant providing critical infrastructure for the
University's development. The University selected the adjacent parcel as a suitable site for
a permanent UH campus in West Hawai'i. The MOU addresses the concept of a
University Village. Under the agreement, the applicant will develop a
residential/commercial community on its property, with a village town center on both the
Palamanui project area and the University's property.
All utilities and services are available to the site. Electricity and telephone
services and water are available to the site. Police protection is available from the
Kealakehe station. The closest fire station is located near the corner of Palani Road and
Queen Ka'ahumanu Highway in Kailua-Kona. The Kona Community Hospital is located
approximately ten (10) miles south of the project site in Kealakekua. Therefore,
conditions will be included to assure that services and infrastructure are provided in a
timely manner to accommodate the uses proposed for the Palamanui Project.
.3-
A self-contained private wastewater collection, treatment and disposal system is
proposed for the project. Conditions of approval will be included to mitigate any potential
impacts from the development.
An Archaeological Inventory Survey was completed by Rechtman Consulting,
LLC and finalized in June, 2003. Of the 83 archaeological sites recorded during the study,
12 were recommended for preservation, 30 were recommended for data recovery, and no
further work was recommended for the remaining 41 sites. Twenty-two (22) of the
eighty-three (83) sites, as well as a 65-acre dryland native forest are proposed for
preservation. By letter dated May 9, 2009, the DLNR-HPD has indicated that no historic
properties will be affected by the proposed changes and amendments, with the following
conditions, that: 1) all permanent site preserves be depicted on final subdivision plats and
tax maps of development areas and construction grading plans; 2) interim preservation
buffers are demarcated with construction fencing for sites within or near construction
areas; 3) the revised long-term preservation plan is submitted for review and approved,
and long-term preservation measures are implemented for all sites during build-out or
prior to sale; 4) the report on data recovery is submitted for review and approval in a
timely manner.
A Biological Reconnaissance was conducted by Patrick Hart, PhD and completed
in October, 2003. There are no endangered species of flora on the subject site. Three
species of native birds ('Io, Pueo and Hawaii 'Amakihi) and eleven species of introduced
birds were identified on the site.
A Final Traffic Impact Analysis Report (TIAR) dated December 7, 2004 was
conducted by Austin, Tsutsumi and Associates, Inc. Based on the TIAR and discussions
with the Department of Public Works and Department of Transportation, conditions of
approval were included in Ordinance No. 06 105 for roadway improvements.
The project will generate additional traffic in the area. A Final Traffic Impact
Analysis Report (TIAR) dated December 7, 2004 was conducted by Austin, Tsutsumi and
Associates, Inc. Based on the TIAR and discussions with the Department of Public
Works and Department of Transportation, conditions of approval were included in
-4-
Ordinance No. 06 105 for roadway improvements.
Impacts associated with this project development such as historical, visual, traffic,
drainage and design concerns have been assessed through the Environmental Impact
Statement which was accepted by the State Land Use Commission on October 7, 2004
and will be mitigated through conditions of approval. Therefore, the request would not
unreasonably burden public agencies to provide roads and streets, sewers, water, drainage,
school improvements, and police and fire protection. The proposed change of zone would
allow for uses which would complement the uses proposed for the project. By
constructing the commercial component first, the project will be more viable, as the
development of the commercial area will produce the cash flow necessary to support the
remaining parts of the Palamanui Project. The proposed residential construction and
affordable housing will not be impacted by the request.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The Palamanui Project area is located mauka of
the Queen Ka`ahumanu Highway and not situated in the Special Management Area. Thus,
the project site will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access that traverses the property. According the applicant,
no valued cultural, historical or natural resources exist on the property and there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site. Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area.
Based on the above, the proposed Change of Zone from Project District (PD) to
Industrial-Commercial Mixed (MCX-20) for 29.92 acres within the Palamanui Project
area would result in an appropriate land use pattern and further the public benefit. The
accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for
your favorable consideration. Please note the proposed conditions of approval attached to
the draft bill.
-5-
OVA+.I~ ` M+k+~
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. / ~jGah.iihU T f)
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 PROJECT
DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-
20) AT KAU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
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 area situated at Kau, North Kona,
Hawaii, shall be Industrial-Commercial Mixed - 20,000 square feet (MCX-20):
Beginning at a point, being the Northwest corner of this parcel of land, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "AKAHIPUU", being 109.49 feet South and 18,804.22 feet West, and running by
azimuths measured from true South:
1. 291° 46' 30" 1149.40 feet along Kukio - Coma
Government Tracts;
2. 9° 19' 55" 282.64 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
3. 279° 19' 55" 9.06 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
-1-
Thence along a curve to the right
with a radius of 239.00 feet, the
chord azimuth and distance being:
4. 324° 19' 55" 338.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
5. 9° 19' 55" 446.09 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
6. 279° 19' 55" 485.02 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
7. 9° 32' 52" 500.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
.191;
8. 99° 19' 55" 421.14 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
9. 189° 19' 55" 301.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
10. 99° 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of 20.00 feet, the chord
and distance being:
-2-
11. 54° 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
12. 99° 19' 55" 197.96 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the left with
a radius of 301.00 feet, the chord
azimuth and distance being:
13. 75° 03' 55" 247.41 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
14. 50° 47' 55" 103.47 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of 20.00 feet, the chord
azimuth and distance being:
15. 95° 47' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
16. 140° 47' 55" 199.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
17. 230° 47' 55" 357.90 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
-3-
18. 140° 47' 55" 218.83 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of 239.00 feet, the
chord azimuth and distance being:
19. 240° 48' 29" 65.26 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
20. 158° 39' 19" 269.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
21. 190° 57' 06" 40.03 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
22. 103° 12' 19" 39.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
23. 102° 46' 39" 49.05 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
24. 116° 09' 35" 45.79 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
25. 112° 02' 29" 43.66 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
-4-
26. 189° 19' 55" 199.24 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
27. 99° 19' 55" 114.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the left with
a radius of 20.00 feet, the chord
azimuth and distance being:
28. 54° 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
29. 99° 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
30. 189° 19' 55" 1100 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
31. 99° 19' 55" 297.97 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
32. 189° 19' 55" 537.31 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paulua, Certificate of Boundaries
191 to the point of beginning,
containing an area of 29.92 acres,
more or less.
-5-
All as shown on 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:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(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.
SEE ATTACHED CONDITIONS
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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-6-
N OPEN / A-5o A-500a
OPEN
OPEN r
/ A-5a
PROJECT DISTRICT (PD( TO
109.495 INDUSTRIAL-COMMERCIAL MIXED -
18,8N..22W 20,000 SQUARE FEET(MCX.20(
29.920ACRES
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AMENDMENT TO THE ZONING CODE
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 PROJECT DISTRICT (PD) TO
INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT
KAU, NORTH KONA, HAWAII
MAP PREPARED BY
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 7-2-05: por. 1 DATE: April 21, 2009
EXHIBIT "A" (Palamanui Global Holding LLC
ens., wao1
CPa1ammuiCommREZ.doc-6/18/09
PALAMANUI GLOBAL HOLDINGS LLC
CHANGE OF ZONE APPLICATION (REZ 09-94)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A03-744) dated May 19, 2005.
C. The applicant shall comply with the applicable conditions of Ordinance No. 06
105 effective July 17, 2006, and any applicable amendments therof.
D. The applicant shall submit a water system master plan for review and approval by
the Department of Water Supply prior to the issuance of Final Subdivision
Approval.
E. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
F. Prior to construction on each of the lots, the applicants, successors or assigns shall
secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii
County Code. Plans shall identify all existing and/or proposed structures, paved
driveway access and parking stalls associated with the proposed development.
Landscaping shall also be indicated on the plans for the purpose of mitigating any
adverse noise or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping Requirements),
Chapter 25 (Zoning Code), Hawaii County Code.
G. Access to the property shall meet with the Department of Transportation and the
Department of Public Works.
H. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to receipt of Final Subdivision
Approval. Drainage improvements shall be constructed, meeting with the
4-
approval of the Department of Public Works, prior to the receipt of issuance of a,
certificate of occupancy for any buildings, or final subdivision approval for any
subdivision creating single-family residential lots.
I. The existing Solid Waste Management Plan with the Department of
Environmental Management shall be followed. Approved recommendations and
mitigation measures shall be implemented in a manner meeting with the approval
of the Department of Environmental Management.
J. A wastewater treatment system shall be constructed, meeting the approval of the
State Department of Health and/or Department of Environmental Management,
whichever is applicable. All wastewater shall be treated at an approved
wastewater treatment plant, to a minimum of secondary treatment, with R-1
effluent, unless a greater level of treatment is required by the Department of
Health. Wastewater shall be used for irrigation of landscaping or other beneficial
reuse to the maximum extent feasible.
K. An Emergency Response Plan shall be submitted to the Civil Defense Agency for
review and approval, prior to the issuance of a certificate of occupancy.
L. 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. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Subdivision Approval.
M. 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 Department of Land
and Natural Resources-Historic Preservation Division (DLNR-BPD) shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it is found that sufficient mitigation
measures have been taken.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
2
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
0. Comply with all other applicable County, State and Federal laws, rules,
regulations and requirements.
P. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report
shall include, but not be limited to, the status of the development and the extent to
which the conditions of approval are being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisfied and the
Director acknowledges that further reports are not required.
Q. An initial extension of time for the performance of conditions within the
ordinance 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 Project District.
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).
5. If the applicant should require an additional extension of time, the
Planning Department 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 Planning Director may initiate rezoning of the subject
area to its original or more appropriate designation.
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2ffl JIXI 19 N1 4:-26
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: June 19, 2009
Memorandum
TO B.J. Leithead-Todd, Planning Director
Planning Department]
FROM Galen M. Kuba, Division Chief
Engineering Division
SUBJECT Change of Zone Application (REZ 09-000094)
Project District to MCX -20
Applicant: Palamanui Global Holdings LLC
Location: Kau, N. Kona, HI
TMK: 3/ 7-2-005:001
We reviewed the subject application and our comments are as follows:
ROADWAYS
Comments are made without the benefit of a zoning exhibit for development of the
subject area.
1. Vehicular access to the individual lots shall not be from any major collector or
arterial roadways.
2. Roadway connections to adjoining parcels should be provided meeting with the
approval of the Planning Director in consultation with DPW.
3. The applicant should, at minimum, construct all roadways serving adjacent
properties to County dedicable standards. The Department of Public Works
recommends concrete curb gutter and sidewalk be provided for all streets within
commercial developments.
I 4. In the interests of pedestrian and bicyclist safety, bike lanes shoul I SCANNED
considered throughout this project.
JUN 2 2 2009
By----k5 947
Hawaii County is an Equal Opportunity Provider and Employer
Memo to PD REZ 09-00009
June 19, 2009
Page 2 of 2
5. Any utility poles in the road right-of-way shall be installed as shown on DPW
Standard Detail R-35 (Revised). The applicant shall provide any necessary
easements for installation of such utilities.
6. We defer to the Planning Department the applicants responsibility to construct
the required street infrastructure according to the Kona Community Development
Plan.
7. A Roadway and.Traffic Circulation Plan should be submitted for review and
approval by the Planning Director in consultation with DPW prior to issuance of
tentative approval for any subdivision or Plan Approval for any development. The
plan shall show travel lanes, intersection traffic control and lane assignments.
TRAFFIC
The applicant should be required to submit a Traffic Impact Analysis Report (TIAR)
prepared by a licensed professional traffic engineer, and provide all improvements in
compliance with the Hawaii County Code Section 25-2-46 - Concurrency requirements.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO
PLNG-HILO/KONA
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