HomeMy WebLinkAboutCOM 0495.006 2008-2010
BRENDA J. FORD
Council Member
District 7 - Central Kona
Phone:
Fax:
E-Mail:
(808) 326-5684
(808) 329-4786
bford@co.hawaii.hi.us
HAW AI'I COUNTY COUNCIL
County of Hawai 'i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawai'i 96740
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September IS, 2009
l:_
TO:
J Yoshimoto, Chair
and Members of the Hawai'i County Council
FROM:
Brenda 1. Ford, Council Member ~ %.~
Proposed Amendments to Bill 137; Relating to an Ordinance Amending
Ordinance No. 06-105
RE:
Please find attached proposed amendments to Bill 137. The amendments are illustrated below via
Ramseyer format with respect to Bill 137. Proposed amendments are bolded for illustrative purposes
only. The attached draft copy of Bill 137, Draft 2, incorporates these amendments and is illustrated via
Ramseyer fonnat with respect to the existing provisions of Ordinance No. 06-105.
I. Condition D is amended to read as follows:
"D. The project shall consist of a maximum of 695.282 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. The applicant shall meet with the Kona Community
Development Plan Action Committee within 60 davs of the effective
date of this amendment for the committee's input to this application."
2. Condition E is amended to read as follows:
"E. The [maximum] number of residential units allowed shall be 1,116 units,
[iRelulling] which includes a maximum of 930 market price housine: units
Comm. No. '-1'15. G,
Serving tile Interests of tile People of Our Island Ref. To, !'tetei,lhid ~ lIU1~ f
Ref. IJ.Qle..m 1 6 2nnq
Hawai'i County Is An Equal Opportunity Provider And Employer
September 15,2009
Page 2 of 23
and a minimum requirement to earn 186 credits for on-site affordable housing
units[.]; however, any affordable housine credits earned from the 29.918-acre
industrial-commercial mixed zonine (MCX) that was removed from this
proiect district under Ordinance No. shall be added to the minimum
number of affordable housine credits noted in this condition and constructed
onsite in the remainder of the proiect district."
3. Condition I is amended to read as follows:
"I. The uses allowed in the Project District shall be all permitted uses allowed by
right in the RS, RM, CN and CV zoned districts [, and a golf cour~e and related
facilities.] unless specificallv prohibited bv this ordinance. Uses allowed by
Use Permit in the CV district may be allowed unless specificallv prohibited bv
this ordinance."
4. Condition J is amended to read as follows:
<OJ. A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, hotel, commercial uses, parking, golf
[course] practice facilitv not to exceed five (5) acres of total land in the
project, open space, [and] park recreational areas, and other related
improvements on the propertyh] shall be submitted to the Planning Director
within two (2) years from the effective date of [the Projeet District Ordinance]
this amended ordinance or prior to submission of plans for plan approval or
subdivision approval, whichever occurs first. Exceptions to the two-year timine
for submission of the Master Plan are listed in Condition L. below."
5. Condition K is amended by adding new material with the previous Condition K relettered
to Condition L, to read as follows:
<OK. The eo If practice facilitv shall not be part of the twentv (20) acres of park
space. Anv eoIf course is specificallv prohibited in perpetuitv."
September 15,2009
Page 3 of 23
6. Condition K is relettered to Condition L, and further amended to read as follows:
"lKol L. Development schedule for portions of the Project District:
h The following portions of the applicant's development shall comply with the
schedule listed below and shall start construction within ninety (90) days
after the permits are granted:
lh The university building and all of the improvements associated with it
(apply for permit within nine months; construction to be completed
by November 1, 2012);
b. Road section 2A (apply for permit within nine months; construction
to be completed by November 1, 2012);
f:. The improvements at the Queen Ka'ahumanu Highway and
University Drive intersection (construction to be completed by
November 1,2012);
d. Kamanu Street (Road 3A) (apply for permit within nine months;
construction to be completed by November 1, 2012); and
f:. The applicant shall apply for their permit to build the Intersection
2B-6A of University Drive and the Ane Keohokiilole Highway (Road
6A) when the applicant reaches the 101" housing permit or county
receives a funding commitment for the Ane Keohokiilole Highway
construction, whichever is first.
2. The following portions of the 20-acre park shall be completed by November
1,2012, unless otherwise indicated:
a. Grading and leveling of the entire 20-acre park site by May 1, 2012:
b. Placement of grass for both baseball fields and the soccer field by May
1,2012;
f:. One regulation-major-league baseball field with all of its required
improvements;
d. One regulation-major-league baseball practice field wjth all of its
required improvements;
e. One (1) regulation adult/hjgh school soccer field with all of its
required improvements;
September 15, 2009
Page 4 of 23
f, Two (2) comfort stations, each 15 feet by 30 feet, with Ii!!htin!!. water,
and ADA compliant restroom facilities and ADA accessible pathways
from the parkin!! area;
g, An office - equipment stora!!e buildin!! to store maintenance
equipment for the park that is at least 1.000 square feet;
h. One (1) paved, parkin!! lot with 90 full size parkin!! stalls and 8 van
accessible ADA parkin!! stalls for a total of 98 parkin!! stalls
connected by ADA accessible pathways to all activity areas of the
park, hardened with fencin!! and a !!ate so that unauthorized vehicles
cannot access the park after hours; and
i. A copy of all plans, desi!!ns, and blueprints of the park shall be
furnished to the County of Hawai'i for its future use as the County
deems appropriate. Such plans, desi!!ns. and blueprints shall include
but are not limited to: layouts of the water system, irri!!ation system,
water spi!!ots. field layouts with location of fences, backstops,
bleachers. stora!!e units. comfort stations, septic system with leach line
locations, electrical lines and iunction boxes. meters, and landscape
desi!!n. and shall be provided to the department of parks and
recreation within one month of completion aud prior to dedication of
each section of the park. These plans, desi!!ns, and blueprints may be
used by the County without any le!!al restrictions in future
developments for County parks.
3. Substantial construction of the remainder of the proposed development shall
commence within five (5) years (2014) from the effective date of the Project
District Ordinance. "Substantial construction" on the remainder of the proiect
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), Hawai'i County Code: Plans shall
September IS, 2009
Page 5 of 23
identify proposed structures, fire protection measures, paved accesses and parking
stall, and other improvements associated with the proposed uses."
7. Conditions Land M are relettered to Conditions M and N.
8. Previous Condition N is relettered to Condition 0 and further amended to retain language
stricken out in Bill 137, to read as follows:
"[N.] O. To ensure that the proiect is developed accordin2 to its stated 20al of
creatin2 a mixed-use residential community, the project shall include residential
development. The project shall have at least one residential unit for every 600
square feet of nonresidential development (under roof). Space used bv the
University shall not be included in the calculation of nonresidential space. There is
no minimum requirement for the nonresidential development."
9. Condition N is relettered to Condition P.
10. Condition 0 is relettered to Condition Q and further amended to read as follows:
"[Q.]Q., Occupancy of the hotel shall not be granted until the construction of the Queen
Ka'ahumanu Highway, Phase II widening improvements to four lanes from Kealakehe
Parkway to the Kona International Airport at [Keahole] Keiihole has been secured by
the State entering into a construction contract for the improvements, or until
improvements 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, Direetor ] corporation counsel, whichever comes first.[.]
A bond or other security shall be subject to a separate contract acceptable to
corporation counse!."
II. Condition P is relettered to Condition R.
12. Condition Q is deleted in its entirety, to read as follows:
"[Q. Total retail space (not including restaurants) shall not exeeed 7S,OOO square
feet under roof until the construction ofthe Queen Ka'ahumanu Highway, Phase II
widening imprB'.ements to mur lanes from Kealal.ehe Parl..way to the Kana
September 15,2009
Page 6 of23
International Airport at Keahole has been seeured by the state enterin!; into a
construction contraet f-or the improvements. The sl\uare f-ootage of improvements
leased to the University of Hawai'i shall not count against this limit.)"
13. Condition R is relettered to Condition S.
14. Condition S is deleted in its entirety, to read as follows:
[Y. The "\pplieant shall develop one 20 aere pari. site prior tooceupancy of the
first residential unit on the property. The 20 aere active park site shall
include two playin!; fields which may be one baseball field and one soccer
field or two baseball fields or two soccer fields, Jlarlan!; lot and restrooms,
with the sJlecific rel\uirements to be determined in consultation with the
DeJlartment of Parl.s and Recreation. The 20 acre actYie Jlark shall be
constructed to county dedieable standards, and the eounty shall aeeeJlt
dedication. ]
15. Condition T is amended by adding new material with the previous Condition T relettered
to Condition U, to read as follows:
'T. The Applicant shall construct one 20-acre active park site with the followinl!
requirements and schedule, to county-dedicable standards, and the county shall
accept dedication.
The l!radinl! and levelinl! of the entire 20-acre park site shall be completed before
May 1, 2012. In every instance, the requirements, number of units, and
specifications provided by the department of parks and recreations shall be
followed:
h One rel!ulation-maior-Ieal!ue baseball field completed by November 1,2012
that shall include:
a. One baseball field that shall be a minimum of 330 feet alonl! the
sidelines and 410 feet to the center field line from home plate;
b. A rel!ulation backstop:
So A rel!ulation dUl!out for each side of the field;
d. Stationary bleachers to seat a minimum of 100 persons with a storal!e
September 15,2009
Page 7 of23
unit underneath each bleacher section - one bleacher and stora2e unit
for each of the sidelines;
e. Appropriate fencin2 to protect the spectators;
1. Appropriate fencin2 to protect the teams:
g, Appropriate fencin2 for the perimeter of the baseball field:
h. Li2htin2 for the baseball field for ni2httime use:
1. ADA accessible pathways to reach the baseball field from the parkin2
area;
1. Placement of 2rass for appropriate areas of the field no later than
May 1, 2012; and
k. An irri2ation system for the baseball field installed no later than May
1,2012.
2. One re2ulation-maior-lea2ue baseball practice field completed by November
1. 2012 that shall include:
.!h One baseball practice field that shall be a minimum of 330 feet alon2
the sidelines and 410 feet to the center field line from home plate. The
outfield should be dual purpose and be able to accommodate a portion
of a soccer and/or football field;
b. A re2ulation backstop;
S ADA accessible pathways to reach the baseball field from the parkin2
area;
d. Placement of 2rass for appropriate areas of the field no later than
May 1. 2012; and
.!:: An irri2ation system for the baseball field installed no later than May
1. 2012.
3. One (1) re2ulation adult/hi2h school soccer field to be completed bv
November 1, 2012 that shall include:
.!h Portable bleachers to seat a minimum of SO persons with a portable
stora2e unit underneath each bleacher section - one bleacher and
stora2e unit for each of the sidelines;
b. ADA accessible pathways to reach the soccer field from the parkin2
September 15,2009
Page 8 of 23
area;
S Placement of e:rass for appropriate areas of the field no later than
Mav 1,2012; and
d. An irrie:ation system installed for the soccer field no later than Mav 1,
2012.
4. Two (2) comfort stations, each a minimum of 15 feet bv 30 feet, with Iie:htine:,
water, and ADA compliant restroom facilities and ADA accessible pathways
from the parkine: area, constructed to specifications and placed in locations
to be determined bv the department of parks and recreation, and completed
bv November 1, 2012;
5. An office - equipment storae:e buildine: to store maintenance equipment for
the park that is at least 1,000 square feet to be constructed bv November 1,
2012;
6. One (1) paved, parkine: lot with 90 full size parkine: stalls and 8 van-
accessible ADA parkine: stalls for a total of 98 parkine: stalls connected bv
ADA accessible pathways to all activity areas of the park, hardened with
fencine: and a e:ate so that unauthorized vehicles cannot access the park after
hours. The parkine: lot shall be completed bv November 1, 2012;
The remainder of the park's improvements shall be completed no later than November 1,
2014:
7. Picnic tables that are ADA accessible from pathways from the parkine: lot;
8. One (1) Little Leae:ue/Ponv Leae:ue baseball-softball field (80 foot bases)
includine::
!h A ree:ulation backstop;
b. A ree:ulation due:out for each side of the field;
c. Stationary bleachers to seat a minimum of 50 persons with a storae:e
unit underneath each bleacher section - one bleacher and storae:e unit
for each of the sidelines;
d. Appropriate fencine: to protect the spectators;
e. Appropriate fencine: to protect the teams;
f, Fencine: for the perimeter of the baseball field;
September 15, 2009
Page 9 of 23
&. ADA accessible pathways to reach the Little Lea!!ue baseball-softball
field from the parkin!! area;
h. Placement of !!rass for appropriate areas of the field; and
.1: An irri!!ation system installed for the field.
9. Four (4) outdoor, paved basketball courts (2 sets of2 conti!!uous courts) with
appropriate fencin!!, with ADA accessible pathways to reach the courts from
the parkin!! area;
10. Three (3) outdoor, paved, conti!!uous tennis courts with appropriate fencin!!
constructed with ADA accessible pathways to reach the courts from the
parkin!! area;
11. One (1) outdoor children's plav!!round at least 6,000 square feet in size, with
appropriate plav!!round equipment, substrate, and fencin!! with ADA
accessible pathways to reach the plav!!round from the parkin!! area;
12. One (1) covered pavilion at least 40 feet bv 80 feet with floorin!! with ADA
accessible pathways to reach the pavilion from the parkin!! area;
13. Potable water fountains throu!!hout the park as directed bv the department
parks and recreation;
14. Landscapin!! throu!!hout the park shall be principallv native Hawaiian
species, and irri!!ation shall be provided to all plants;
15. Perimeter fencin!! for the entire park;
16. Such miscellaneous items as bicvcle racks. benches, picnic areas with
accessible picnic tables. shade trees. rubbish bins. etc.; and
17. The 20-acre active park shall be constructed to County-dedicable standards.
and the County shall accept dedication of each section as it is completed."
16. Condition U is relettered Condition V.
17. Condition V is relettered to Condition W, and further amended to read as follows:
"W. The applicant shall construct the following roads and improvements within and outside of
its property as identified in the Hawai'i County General Plan and the Kona Community
September ]5, 2009
Page 10 of 23
Development Plan (CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance
No. 08 13] effective September 25,2008:
]. University Drive (Road 2 - Kona CDP Map, Figure 4-3) within the property from
the Queen Ka'ahumanu Highway to [Makald] Makalei Drive:
a. From the Queen Ka'ahumanu Highway intersection to the proposed Ane
[Keohokalole] Keohokalole Highway (Road 6A - Kona CDP Map,
Figure 4-3), University Drive (Road 2) shall consist of an 88-foot right-of-
way with two lanes constructed to County-dedicable standards. [+his]
Each of the followinl! sections of this roadway shall be dedicated to the
County upon its individual completion.
ill The first section of this roadway (2A) shall be constructed to
County dedicable standards from the Queen Ka'ahumanu
Highway to approximatelv 800 feet mauka of the Kamanu Street
(Road 3A - Kona CDP) Intersection 2A-3A, and shall be
completed prior to the opening of the first building constructed on
the State land for the University of Hawai 'i or before a Certificate
of Occupancy is issued for any portion of the subject property or
the completion of any single-family residential homes, whichever
occurs first. Road section 2A is a priority and shall be
completed as the first road into the proiect. This road section
shall be dedicated to the County within six months of its
completion.
ill [+he remaining seetion of thi5 roadway from the Kamanu
Street (Jf.) to Makalei Drive shall be eonstrueted and
dedicated to the County upon its eompletion.] Road section
(28) of this roadwav from approximately 800 feet mauka of the
Kamanu Street (Road 3A - Kona CDP) Intersection 2A-3A to
the Ane Keohokalole Hil!hway Intersection 2B-6A shall be
constructed to County dedicable standards in time to be
connected to the northern end of the County's portion of the
September 15,2009
Page II of23
Ane Keohokiilole Hiehway (Road 6A) where it meets the
proiect. Road section 2B shall be dedicated to the County
within six months of its completion. Road section 2B shall be
completed no later than the Ane Keohokiilole Hiehway.
[flnj] ill
[From the] Road section 2C from Intersection 2B-6A ofthe
proposed Ane [Keohokalole] Keohokiilole Highway (6A) to
[Malmlei] Miikiilei Drive incIudine the Miikiilei Drive
Extension [, the road] shall be constructed to County-dedicable
standards as a minor street, except that design standards [shall]
may be varied to permit the connection with [Makalei] the
existine Miikiilei Drive without encroaching into the lowland Dry
Forest Preserve. [The connection with Malmlci Orin shall be
designed to not encroach into the Lowland Dry Forest
Presene.] The grade shall not exceed ten (10) percent, except
near the connection with [Malralei] Miikiilei Drive. This road
section shall be completed no later than the completion date of
Road 1 (Kona COP). This road shall be dedicated to the
County within six months of its completion.
[eo] h:..At the Queen Ka'ahumanu Highway and University Drive intersection.
the intersection shall be improved in accordance with one of the
following two options:
(1) If a grade separated interchange is available to connect to Queen
Ka'ahumanu Highway when the applicant is [f'elHl] ready to
construct the lower section of University Drive (Road 2A - Kona
COP), the applicant will connect to such interchange and in such
case, applicant will contribute $1,500,000 to the Department of
Transportation.
(2) If a grade separated interchange is not available to connect
University Drive (Road 2) to Queen Ka'ahumanu Highway when
the applicant is ready to make the connection, applicant shall
improve the intersection at its expense as required by the
September 15,2009
Page 1201'23
Department of Transportation, but shall include, at a minimum, a
deceleration and an acceleration lane on Queen Ka'ahumanu
Highway, a left-turn lane on Queen Ka'ahumanu Highway, and a
dedicated right-turn and left-turn lane from University Drive
(Road 2) to Queen [Kaahumanu] Ka'ahumanu Highway. If
warranted, at the request of the Department of Transportation, the
applicant shall install traffic signals and a second left-turn lane
from University Drive (Road 2) to the Queen Ka'ahumanu
Highway.
(3) The intersection improvements with the Queen Ka'ahumanu
Highway shall be completed prior to the opening of the first
building constructed on the State land for the University of
Hawai'i but no later than November 1. 2012 or before a
Certificate of Occupancy is issued for any portion of the subject
property or the completion of any single-family residential homes,
whichever occurs first.
2. Kamanu Street (Road 3A - Kona CDP) from University Drive (Road 2 - Kona
CDP) to Kaiminani Drive:
lh The applicant shall construct the mauka half-section of a 120-foot wide
right-of-way to County-dedicable standards as a two-lane collector road.
b. The applicant shall construct the intersection at Kaiminani Drive meeting
with the approval of the Department of Public Works. The intersection
shall include a left-turn lane on Kaiminani Drive.
c. The intersections at the northern (Intersection 2A-3A) and southern end
ofthis road shall have illumination.
d. This road shall also be provided with a utility trench suitable for
installation offuture street lights by the Department of Public Works or
the State Department of Transportation when such illumination is
determined to be necessary.
~ The construction of this roadway and its intersections shall be completed
prior to the opening of the first building on the State land for the
September 15, 2009
Page 13 of 23
University of Hawai'i. This road is a priority and shall be completed
simultaneous Iv with the first road section (Road 2A) of the proiect.
f:. This road shall be dedicated to the county within six months of its
completion.
3. Ane [Keohokalole] Keohoklilole Highway (Road 6A - Kona CDP):
!:. The portion of Ane [Keohol.alole] Keohoklilole Highway (Road 6!l)
within the property shall have a right-of-way width of 120 feet. The
applicant shall construct a half-section, two-lane collector road, within
this 120-foot right-of-way to County-dedicable standards. This roadway
shall be designed to function as a portion of a future road (Road I - Kona
CDP) connecting Mlimalahoa Highway (Hwv. 190} with University
Drive and the Queen Ka'ahumanu Highway.
b. The applicant shall construct the intersection of University Drive and the
Ane [Keoholmlole] Keohoklilole Highway (Intersection 2B-6A)
meeting with the approval of the Department of Public Works[,] and
complete Intersection 2B-6A when the applicant reaches the 101 sl
housilll~ permit or as close to simultaneouslv as possible when the
construction of the County's portion of the Ane Keohoklilole Hiehwav
(6A) ioins the proiect district, whichever occurs first. Intersection 2B-
6A shall be dedicated to the County within six (6) months of its
completion.
c. [Thb roadway shall be dedieated to the County when the Count)'
requires it to eonneet '!fith Road 1 (Kona CDP). ","ne Keoholuilole
Highway ((if.), whieh is dead ended for fllture eonnedions, shall have
preliminalj' engineering for teehnieal feasibilit)' and environmentally
cleared fer eonstruetion, a minimum of 500 feet from the subject
property boundalj' into the adjaeent properties.]
The portion of the Ane Keohoklilole Hiehwav (6A) within the proiect
district shall be constructed when the applicant reaches the 101 st
housine permit or as close to simultaneouslv as possible when the
construction of the County's portion of the Ane Keohoklilole Hiehwav
September 15, 2009
Page 14 of23
(6A) joins the project district, whichever occurs first. Ane
Keohokiilole Hil!:hway (6A) shall be dedicated to the County within six
(6) months of jts completion.
d. The applicant shall complete the preliminary enl!:ineerinl!: for
technical feasibility of the Ane Keohokiilole Hil!:hway (Road 6A) and
have the roadway environmentally cleared for construction for a
minimum of 500 linear feet by 200 feet wide from the subject property
boundary into the adjacent properties.
4. New Connector Road (Road I - Kona CDP):
.!h The right-of-way width of Road I within the State lands shall be 120 feet.
The section of Road I from the State property to the Miimalahoa
Highway (Hwy. 1901 within the private properties shall have a right-of-
way width of 88 feet.
b. Applicant shall construct Road I (the extension of Ane Keohokiilole
Hil!:hway from the north side of the project district and continuinl!:
north and east to the Miimalahoa Hil!:hway), at its sole expense as a
two-lane County-dedicable collector road, including shoulders and swales.
The final design and maximum grade of Road I shall be determined by the
Director of Public Works after consultation with the Planning Director.
c. The applicant shall continue preparatory work for the design of Road I,
including working with the County of [Hawaii] Hawai'i to secure the
right-of-way for Road I across State ofHawai'i lands and providing
information necessary for the County of Hawai'j to arrange the right-of-
way over privately owned lands. The applicant shall provide Quarterly
information to the planninl!: director on the status of nel!:otiations for
easements for the ril!:ht-of-way. If the applicant cannot or does not
obtain the easements within 18 months, the county shall bel!:in
eminent domain proceedinl!:s for the ril!:ht-of-way. The applicant shall
be responsible to the County for reimbursement of any and all costs
associated with the fulfillment of the applicant's oblil!:ation under this
al!:reement. The County shall obtain the necessary ril!:ht-of-way
September 15,2009
Page IS of23
outside of applicant's property.
d. Applicant shall not be required to install utilities or streetlights on Road 1,
except that streetlights shall be installed by the applicant at the intersection
with Highway 190. [The County snail obtain the necessary right of way
outside of applicant's property.]
~ Completion of Road I will be secured by bond or other security meeting
the approval of the [Planning Director] corporation counsel to
guarantee that improvements will be completed by the deadline specified
in this condition. The bond or other security shall be provided prior to the
granting of final subdivision approval on the property containing sinc:le-
familv lots. A bond or other secnrity shall be subiect to a separate
contract acceptable to corporation counsel.
f, The applicant shall complete Road I no later than six (6) years after the
entire right-of-way is acquired. This road shall be dedicated to the
county within six months of its completion. [The time extension
pFw:isions of Conllition RR shall also apply to Roall!.] There shall
be no time extension on this condition.
5. [Kealalma] Kealaka'a Street Extension (Road 7 [6ft] : Kona CDP):
[The applicant shall reserve aR gg foot right of way for the Kealakaa Street
ExteRsion ','fithiR its property for future use as a County road. The applicant
shall construct the road to COlomty dedieable staRdards as a miRor collector
road at its sole ellpense aREI dedicate it to the COlolRty of Hawai 'i wnen a
connection at the southerly boundary ofthe project is opened. Kealal:aa
Street (7), which is dead ended for fHtme connectioas, shall have preliminary
engineering for techRical feasibility and enviroRmeRtally cleared for
construction, a miaimum of 509 feet from the subject property bOlolRdary iRto
the adjacent property.]
a. The applicant shall reserve an 88-foot ric:ht-of-wav for the Kealaka'a
September 15,2009
Page 16 of23
Street Extension within its property for future use as a County road.
b. The applicant shall construct the portion of Road 7 that is inside the
project area and have the roadwav environmentallv cleared for
construction for a minimum of 500 linear feet bv 200 feet wide from
the subject property boundarv into the adjacent properties.
c. The applicant shall also construct Intersection 2C-7. Both the road
and the intersection shall be constructed to County-dedicable
standards as a minor collector road at its sole expense when a
connection at the southerlv boundarv of the project is opened or the
applicant reaches the 101st housine: permit or as close to
simultaneous Iv as possible when the construction of the county's
portion of the Ane Keohokalole Hie:hwav (6A) ioins the project
district, whichever is first.
d. The applicant shall dedicate the road and the intersection to the
County of Hawai'i within six months of its completion.
6. At the western (makai) end of [Malmlei] existine: Makalei Drive, the applicant
shall provide safety improvements necessary to make a safe transition to
University Drive (Road section 2C), which may include, but not limited to,
rumble strips and establishing super-elevation for the curve, as required by the
Department of Public Works.
[Mallalei] Makalei Drive is a "minor road" and will not be open to the public as
a through street until Road I is opened for public use.
18. Condition W is relettered to Condition X.
19. Condition X is relettered to Condition Y, and further amended to read as follows:
"IXoIY. Construction vehicles shall not utilize the existine: section of [Malmlei] MakaIei Drive
for ine:ress or ee:ress to the applicant's Proiect District: however, construction
work within Makalei Estates on the water svstem (wells, mains, and tanks) will
require access to the existine: Makalei Drive. For the purpose ofworkine: on the
September 15,2009
Page 17 of23
water system only, construction vehicles shall be allowed on the existine portion
of Miikiilei Drive."
20. Condition Y is relettered to Condition Z, and further amended to read as follows:
"[~]Z. [No vehicular security gate shall be installed within sixty (60) feet of any
proposed coun~' road and a turnaround gate shall be provided within the
private road or proper~'on the coun~' road side of the gate.] The Kona
Community Development Plan and the Hawai'i County Code (Chapter 23,
Subdivisions) discouraees eated communities and cuI de sacs; therefore,
there shall be no eated communities or cuI de sacs in the applicant's
development."
21. Condition Z is relettered to Condition AA, and further amended to add a hyphen between
the words "development" and "generated".
22. Conditions AA and BB and relettered to Conditions BB and CC.
23. Condition CC is relettered to Condition DD, and further amended to read as follows:
"[(;{;']DD.
University of Hawai'i Condition. Applicant shall provide the following to
relocate the University of Hawai'i operations:
I. [Conneetivi~' with] Provide connection of roads and all utilities to the
University of Hawai'i SOD-acre site. Applicant shall allow the University of
Hawai'i 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
University Drive [~](Road section 2A - Kona CDP).
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 Hawai'i operations.
3. Design and construct an initial classroom and administration building of20,000
September 15, 2009
Page 18 of23
square feet, with associated parking, at Applicant's expense. If the University of
Hawai'i design results in the cost of design and construction of the building and
associated parking exceeding $5,000,000, Applicant shall be responsible for the
first $5,000,000 and the University shall be responsible for the balance.
!h The building shall be constructed on the State land designated for
University use.
b. Construction [_I of the building shall commence as soon as the
University has the 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 ofHawai'i at West Hawai'i until the necessary
consent and approvals are obtained at comparable lease rates now being
paid by the University of Hawai'i until the 20,000 square foot building can
be constructed on the State land at Applicant's expense.
f: Applicant shall commence construction of the building, or assure its
construction by a bond or other security accepted by the [Planning
Direetor] corporation counsel and the Chancellor ofHawai'i
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. A bond or
other security shall be subiect to a separate contract acceptable to
corporation counsel.
d. 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 November 1, 2012, or final
subdivision approval for any subdivision creating single-family residential
lots, whichever is first. The location and design of the building (interior
and exterior) and related improvements will be on terms determined by the
University ofHawai'i. The University ofHawai'i shall consult on design
of said building with Applicant.
4. Immediatelv upon completion of the University of Hawai'i conditions CC.
September 15, 2009
Page 19 of23
(1), (2), and (3) above, all improvements shall become the propertv of the
Universitv of Hawai'i.
24. Conditions DD and EE are relettered to Conditions EE and FF.
25. Condition FF is relettered to GG, and further amended to read as follows:
"[FF.]GG. To ensure that the Goals and Policies of the Housing Element ofthe General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11, Article
1, Hawai'i 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 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, Hawai'i
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 incIudinl!: those units earned from the 29.
918-acre MCX parcel rezoned from this project, and not utilize any affordable
housing credits generated off-site.
L Due to the applicant's proposal to develop a hotel alonl!: with a medical
campus, a research and development facilitv, and communitv commercial
space, a l!:reater affordable housinl!: requirement mav be imposed. In
accordance with Hawai'i Countv Code chapter 11, Sections 11-4 (c)
Requirements for resort and hotel uses, and (d) Requirements for industrial
uses, all resort, hotel, and industrial uses l!:eneratinl!: more than one hundred
emplovees on a full-time equivalent basis must earn one affordable housinl!:
credit for every four full-time eQuivalent jobs created. Additionallv, anv
affordable housinl!: units l!:enerated bv the MCX zoninl!: removed from this
project district shall be applied and built inside this proiect district.
2. Due to the tremendous need for affordable housinl!: units in Kona, the
applicant shall provide affordable housinl!: units in the followinl!: manner:
September 15,2009
Page 20 of 23
a. Provide for the greatest affordable housing needs bv constructing one-
bedroom, two-bedroom, and three-bedroom units with the two- and
three-bedroom units comprising the highest percentage of these units:
b. Provide some for-sale affordable units built as condominiums over
commercial (but not industrial) buildings. Such condominiums would
save the applicant on infrastructure costs:
c. Provide multiplex units with a mix of the various bedroom
configurations listed in a. above; and
d. Provide affordable zero-lot line houses.
3. The applicant shall build all affordable housing units, whether for rent or for
market purchase. in the following manner:
Jh An equal number of units affordable at the 60%, 70%, 80%, 90%.
and 100% percentage of median income:
b. Affordable housing units shall be constructed and intermixed with all
other residential housing price ranges. There shall be no areas of
excIusivelv affordable housing.
S While there are no market-priced residential units built in the Proiect
District, the required affordable housing units shall be constructed in
the following increments: 25% - no later than November 1. 2012, an
additional 50% - no later tan November 1. 2015, and the final 25% -
no later than November 1.2017: and
d. Once market-priced residential units are under construction. then
20% of the residential units built shall be affordable housing units
until the total commitment for affordable housing is completed.
26. Conditions GG through KK are relettered to Conditions HH through LL.
27. Condition LL is relettered to Condition MM, and further amended to read as follows:
"[bh] MM. [The Planning Director may aJlJlroye modifications to the INCRMP
conforming to the general JlurJloses of the INCR1\fP, after consultation with the
DLNR DOFf.W.]
September IS, 2009
Page 21 of 23
Before anv modifications to the INCRMP. the Plannin!!: Director shall consult with
the DLNR-DOFA Won anv such potential modifications and shall brin!!: those
potential modifications to the council for approval.
28. Condition MM is relettered to Condition NN, and further amended to replace the word
"that" with the word "which", as appearing in the third line of the first sentence.
29. Condition NN is relettered to Condition 00, and further amended to read as follows:
"INN.]OO. 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 [SIi, i 11.2S] $7.383.36 per
multiple family residential unit ([S9,991.20] $11.506.13 per single family residential
unit). The total amount shall be determined with the actual number of units according to
the calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit (single family residential units) shall be
allocated as follows:
1. [S3,11i2.i9] $3.642.00 per multiple family residential unit ([Si,817.93] $5.548.46
per single family residential unit) to the County to support park and recreational
improvements and facilities;
2. [S99.9S] $115.11 per multiple family residential unit ([$232. <12] $267.66 per
single family residential unit) to the County to support police facilities;
3. [S30'7.iIi] $354.08 per multiple family residential unit ([SiS9.01i] $528.66 per
single family residential unit) to the County to support fire facilities;
4. [S137.0i] $157.81 per multiple family residential unit ([S200.9S] $231.45 per
single family residential unit) to the County to support solid waste facilities; and
5. [U,7001] $3.114.36 per multiple family residential unit ([Si,280.82] $4.929.90
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
September 15,2009
Page 22 of 23
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 ["8!!] "T" above. The fair share contribution for roads will
be satisfied upon completion ofthe University Drive (Road sections 2A. 2B. and 2C).
Kamanu Street Extension (Road 3A), Ane Keohokalole Highway (Road 6A),
[Kealali8a] Kealaka'a Street Extension (Road 7), and Road I It] and their associated
intersections."
30. Conditions 00 and PP and relettered Conditions PP and QQ.
31. Condition QQ is relettered to Condition RR, and further amended to read as follows:
"[QQ.] RR. 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, [iHHl] the bond status
includine the premium pavments. 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 [ami the Director aclrnowledges that further reports are
not required].
32. Condition RR is relettered to Condition SS, and further amended to read as follows:
"[RR.] SS. [An initial extcnsion of time f-or the performance of conditions within the
ordinanee, may be granted by the Planning Director upon the following
circumstanccs. ]
Anv additional extension bevond this amendment shall be subiect to council
approval. but shall not exceed three vears and shall not include conditions J.. L.. 0..
and T. and shall be based on the followine circumstances:
I. The non-performance is the result of conditions that could not have been foreseen
September 15, 2009
Page 23 of 23
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 ofthe time extension would not be contrary to the original reasons for
the granting of the Project District.
4. [The time extension granted shall be f~r a period not to exceed the period
originally granted fer perf~rmanee (i.e., a condition to be perfermed within
one year may be extended fer up to one additional year).]
[&] 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.
S. 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.
A draft copy ofBillI3?, Draft 2, is attached with these amendments incorporated therein. Ramseyer
format is applied against the provisions of Ordinance No. 06-105; material to be repealed is bracketed
and stricken through; material to be added is underlined.
SF
att.
AN ORDINANCE AMENDING ORDINANCE NO. 06-105 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 3 ACRES (A-3a) AND OPEN (0) TO PROJECT DISTRICT (PD)
AT KA'O, NORTH KONA, HAWAI'l, COVERED BY TAX MAP KEY 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I:
SECTION 1. Ordinance No. 06 105 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8 Chapter 25 (Zoning Code) of the Hawai'i
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 [KcaH] Ka'u, North
Kona, Hawai'i, shall be Project District (PD):
PARCEL "A":
Beginning at the northwest corner 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.
2910 46'
30"
5726.03
feet along the Kukio-Ooma Government
Tracts;
2.
IT 56'
2314.09
feet;
3.
1150 03'
36"
5449.47
feet along the Government Lands of
Makaula;
4.
2044.65
1890 19'
55"
PARCEL "B":
feet along the east side of Queen
Kaahumanu Highway (Project No.: 19 BC-
01- 71) to the point of beginning and
containing an area of274.861 Acres.
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 "AKAH1PUU", 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'
784.96
30"
2.
2800 28'
22"
2806.44
3.
3323.43
2900 55'
24"
4.
2844.54
170 14'
5.
1000 15'
1838.50
30"
6.
5137.19
1150 03'
36"
7.
2314.09
19r 56'
Less the following described area:
feet along the Kukio-Ooma Government
Tracts;
feet along the Kukio-Ooma Government
Tracts;
feet along the Kukio-Ooma Government
Tracts;
feet along Lots 36, 37, 38, 44,15,14,13,12,
11, 10 and 9 of Makalai Estates - Phase 2
(File Plan 2294);
feet along the Government Lands of
Makaula;
feet along the Government Lands of
Makaula;
feet to the point of beginning and containing
an area of 450.343 Acres.
Beginning at a point. being the Northwest corner of this parcel of land, the
coordinates of said point of beginning referred to Government Survev Triangulation
Station "AKAHIPUU", being 109.49 feet South and 18,804.22 feet West, and running bv
azimuths measured from true South:
-2-
1. 2910 46' 30" 1149.40 feet along Kukio - Ooma
Government Tracts;
2. 90 19' 55" 282.64 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
3. 2790 19' 55" 9.06 feet along the remainder of Roval
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of239.00 feet, the
chord azimuth and distance being:
4. 3240 19' 55" 338.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
5. 90 19' 55" 446.09 feet along the remainder of Roval
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
6. 2790 19' 55" 485.02 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
7. 90 32' 52" 500.00 feet along the remainder of Roval
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
8. 990 19' 55" 421.14 feet along the remainder of Roval
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
9. 1890 19' 55" 301.00 feet along the remainder of Royal
-3-
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
10. 990 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award l3-B
to Paalua, Certificate of Boundaries
191;
Thence along a curye to the right
with a radius of20.00 feet, the chord
and distance being:
II. 540 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
12. 990 19' 55" 197.96 feet along the remainder of Royal
Patent 8265 and Mahele Award l3-B
to Paalua, Certificate of Boundaries
191;
Thence along a curye to the left with
a radius of 301.00 feet, the chord
azimuth and distance being:
13. 750 03' 55" 247.41 feet along the remainder of Royal
Patent 8265 and Mahele Award l3-B
to Paalua, Certificate of Boundaries
191;
14. 500 47' 55" 103.47 feet along the remainder of Royal
Patent 8265 and Mahele Award l3-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. 950 47' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
-4-
to Paalua, Certificate of Boundaries
19L
16. 1400 47' 55" 199.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
19L
17. 2300 47' 55" 357.90 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
18. 1400 47' 55" 218.83 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
19L
Thence along a curve to the right
with a radius of239.00 feet, the
chord azimuth and distance being:
19. 2400 48' 29" 65.26 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
19L
20. 1580 39' 19" 269.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
19L
21. 1900 57' 06" 40.03 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
19L
22. 1030 12' 19" 39.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
19L
-5-
23. 1020 46' 39" 49.05 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
24. 1160 09' 35" 45.79 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
25. 1120 02' 29" 43.66 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
26. 1890 19' 55" 199.24 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
27. 990 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. 540 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
29. 990 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
30. 1890 19' 55" 13.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua. Certificate of Boundaries
191;
-6-
31.
990 19'
55"
297.97
feet along the remainder of Roval
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
32.
1890 19'
55"
537.31
feet along the remainder of Roval
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.
for a net area for Parcels "A" and "B" of 695.282 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, Hawai'i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(I) 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.
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.
-7-
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
Hawa(i dated June 15, 1999.
D. The project shall consist of a maximum of [~] 695.282 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. The applicant shall
meet with the Kona Community Development Plan Action Committee within
60 days of the effective date of this amendment for the committee's input to
this application.
E. The [maximum] number ofresidential units allowed shall be 1,116 units,
[inelulling] which includes a maximum of 930 market price housine units
and a minimum requirement to earn 186 credits for on-site affordable housing
units[.]; however, any affordable housine credits earned from the 29.918-acre
industrial-commercial mixed zonine (MCX) that was removed from this
proiect district under Ordinance No. shall be added to the minimum
number of affordable housine credits noted in this condition and constructed
onsite in the remainder of the proiect district.
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 [-tW] 72.08 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
-8-
aside in the project area.
I. The uses allowed in the Project District shall be all permitted uses allowed by
right in the RS, RM, CN and CV zoned districts [, and a golf eourse and related
faeilities.) unless specificallv prohibited bv this ordinance. Uses allowed by
Use Permit in the CV district may be allowed unless specificallv prohibited bv
this ordinance.
J. A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, hotel, commercial uses, parking, golf
[eourse] practice facility not to exceed five (5) acres of total land in the
project, open space, [lHld] park recreational areas, and other related
improvements on the propertyh] shall be submitted to the Planning Director
within two (2) years from the effective date of [the Project Distriet Ordinaoee)
this amended ordinance or prior to submission of plans for plan approval or
subdivision approval, whichever occurs first. Exceptions to the two-year timinl!:
for submission of the Master Plan are listed in Condition L. below.
K. The l!:olf practice facility shall not be part of the twenty (20) acres of park
space. Anv l!:olf course is specifically prohibited in perpetuity.
[K.] L. Development schedule for portions of the Project District:
1. The followinl!: portions of the applicant's development shall complv
with the schedule listed below and shall start construction within
ninety (90) days after the permits are l!:ranted:
a. The university buildinl!: and all of the improvements associated
with it (applv for permit within nine months: construction to
be completed bv November 1,2012):
b. Road section 2A (applv for permit within nine months:
-9-
construction to be completed bv November 1. 2012);
f:. The improvements at the Queen Ka'ahumanu Hil!hwav and
University Drive intersection (construction to be completed bv
November 1. 2012):
d. Kamanu Street (Road 3A) (applv for permit within nine
months: construction to be completed bv November 1. 2012):
and
f:. The applicant shall applv for their permit to build the
Intersection 2B-6A of University Drive and the Ane
Keohokiilole Hil!hwav (Road 6A) when the applicant reaches
the 101" housinl! permit or county receives a fundinl!
commitment for the Ane Keohokiilole Hil!hwav construction.
whichever is first.
2. The followinl! portions of the 20-acre park shall be completed bv
November 1. 2012. unless otherwise indicated:
!!:. Gradinl! and levelinl! of the entire 20-acre park site bv Mav 1.
2012;
b. Placement of l!rass for both baseball fields and the soccer field
bv Mav 1,2012;
f:. One rel!ulation-maior-Ieal!ue baseball field with all of its
required improvements;
d. One rel!ulation-maior-Ieal!ue baseball practice field with all of
its required improvements;
e. One (1) rel!ulation adult/hil!h school soccer field with all of its
required improvements;
f: Two (2) comfort stations. each 15 feet bv 30 feet, with Iil!htinl!.
water. and ADA compliant restroom facilities and ADA
accessible pathways from the parkinl! area:
g, An office - equipment storal!e buildinl! to store maintenance
-10-
eQuipment for the park that is at least 1.000 sQuare feet;
h. One (1) paved. parkin2 lot with 90 full size parkin2 stalls and
8 van accessible ADA parkin2 stalls for a total of 98 parkin2
stalls connected bv ADA accessible pathways to all activitv
areas of the park. hardened with fencin2 and a 2ate so that
unauthorized vehicles cannot access the park after hours; and
h A copy of all plans. desi2ns. and blueprints of the park shall be
furnished to the Countv of Hawai'i for its future use as the
Countv deems appropriate. Such plans. desi2ns, and
blueprints shall include but are not limited to: lavouts of the
water system. irri2ation system. water Spi20tS. field lavouts
with location of fences. backstops. bleachers. stora2e units.
comfort stations. septic system with leach line locations.
electrical lines and iunction boxes. meters. and landscape
desi2n. and shall be provided to the department of parks and
recreation within one month of completion and prior to
dedication of each section of the park. These plans. desi2ns.
and blueprints may be used bv the Countv without any le2al
restrictions in future developments for Countv parks.
3. Substantial construction of the remainder of the proposed development
shall commence within five (5) years (2014) from the effective date of the
Project District Ordinance. "Substantial construction" on the remainder
of the proiect 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), Hawai~i County Code, Plans shall identifY proposed
structures, fire protection measures, paved accesses and parking stall, and
-11-
[b.-]M.
1.
other improvements associated with the proposed uses.
2.
The following design standards shall apply:
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 the actual uses.
The height limit for structures within the project area shall not exceed the
following:
a. Single-family residential development: 35 feet
b. Multiple-family residential and hotel developments: 45 feet
c. Office and retail commercial development: 45 feet.
The minimum off-street parking and loading space requirements of
Chapter 25, Hawai) County Code shall be complied with, including
compliance with the American Disabilities Act (ADA) requirements.
3.
[M-]N. The variances from Chapters 23 (Subdivision) and 25 (Zoning), Hawai) County
Code, as presented in Planning Department Exhibit 2 (Applicant's November 21,
2005 letter with attached Tables pages I 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
-12-
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 Hawai) 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 pedestrian access to the Town Center
and other important points in the development.
[No]O. To ensure that the project is developed according to its stated goal of creating a
mixed-use residential community, the project [must] shall 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.
[G.]P. 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.
[J!.]Q, Occupancy of the hotel shall not be granted until the construction of the Queen
Ka'ahumanu Highway, Phase II widening improvements to four lanes from
Kealakehe Parkway to the Kona International Airport at [Kellhele] Keiihole has
been secured by the State entering into a construction contract for the
improvements, or until improvements construction has commenced on the 20,000
-13-
--
---
square foot University building, or the building's completion has been assured by
bond or other security acceptable to the [Planning, Direetor] corporation
counsel, whichever comes first.[.] A bond or other security shall be subiect to
a separate contract acceptable to corporation counsel.
[~ ~lo retail commereial struetures may be Iseated elsser tHan 1,500 feet from tHe
QHeen KaaHHmanH HigHway rigflt of wa-y.]
[P.]R. 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
under roof.
[~ Total retail sJlaee (not including restaurauts) shall not exeeed 7$,000 slJuare
f~et under roof until the eonstruetion of the Queen Ka'ahumanu Highway,
Phase II widening imJlFllYements to four lanes from Kealakehe Parlrn'ay to
the Kona International f.irJlort at Keahole has been seeured by the state
entering into a eonstruetion eontraet f-er the imJlrll':ements. The slJuare
footage of imJlroyements leased to the Uni>:ersity of Hawai'i shall not eount
against this limit.]
[h] S. 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.
[Yo The l"JlJllieant shall develoJlone 20 aere Jlarl. site Jlrior to oeeuJlaney of the
first residential unit on the JlroJlert)'. The 20 aere aeti..-e Jlark site shall
inelude tv/o Jllaying fields whieh may be one baseball field and one soeeer
field or two baseball fields or two soeeer fields, parlang lot and restrooms,
-14-
-----
----
with the sfleeifie reljuiremeRts to be determiRed iR eORsultatioR with the
DeflartmeRt of Parl<li aRd RecreatioR. The 20 aere actin flark shall be
eORstructed to eouRty dcdicable standards, aRd the eouRt)' shall aeecflt
dedieatioR. ]
T. The Applicant shall construct one 20-acre active park site with the followinl!.
reQuirements and schedule. to countv-dedicable standards. and the countv
shall accept dedication.
The l!.radinl!. and levelinl!. of the entire 20-acre park site shall be completed
before Mav 1.2012. In every instance. the ~eQuirements, number of units,
and specifications provided bv the department of parks and recreations shall
be followed:
1:. One rel!.ulation-maior-Ieal!.ue baseball field completed bv November 1,
2012 that shall include:
!!: One baseball field that shall be a minimum of 330 feet alonl!.
the sidelines and 410 feet to the center field line from home
plate;
b. A rel!.ulation backstop;
c. A rel!.ulation dUl!.out for each side of the field:
d. Stationary bleachers to seat a minimum of 100 persons with a
storal!.e unit underneath each bleacher section - one bleacher
and storal!.e unit for each of the sidelines:
!, Appropriate fencinl!. to protect the spectators;
f. Appropriate fendnl!. to protect the teams;
g, Appropriate fendnl!. for the perimeter of the baseball field:
h. Lil!.htinl!. for the baseball field for nil!.httime use;
i. ADA accessible pathways to reach the baseball field from the
parkinl!. area;
1.: Placement of l!.rass for appropriate areas of the field no later
than Mav 1, 2012: and
-15-
k. An irri!~ation svstem for the baseball field installed no later
than Mav 1. 2012.
2. One re!!ulation-maior-lea!!ue baseball practice field completed bv
November 1. 2012 that shall include:
a. One baseball practice field that shall be a minimum of 330 feet
alon!! the sidelines and 410 feet to the center field line from
home plate. The outfield should be dual purpose and be able
to accommodate a portion of a soccer and/or football field;
b. A re!!ulation backstop;
f:. ADA accessible pathwavs to reach the baseball field from the
parkin!! area;
d. Placement of !!rass for appropriate areas of the field no later
than Mav 1. 2012; and
~ An irri!!ation svstem for the baseball field installed no later
than Mav 1. 2012.
3. One (1) re!!ulation adultlhi!!h school soccer field to be completed bv
November 1, 2012 that shall include:
!!: Portable bleachers to seat a minimum of 50 persons with a
portable stora!!e unit underneath each bleacher section - one
bleacher and stora!!e unit for each of the sidelines;
b. ADA accessible pathwavs to reach the soccer field from the
parkin!! area;
c. Placement of !!rass for appropriate areas of the field no later
than Mav 1,2012; and
d. An irri!!ation svstem installed for the soccer field no later than
Mav 1, 2012.
4. Two (2) comfort stations, each a minimum of 15 feet bv 30 feet, with
li!!htin!!, water, and ADA compliant restroom facilities and ADA
accessible pathwavs from the parkin!! area, constructed to
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specifications and placed in locations to be determined bv the
department of parks and recreation, and completed bv November 1,
2012;
5. An office - equipment stora!!e buildin!! to store maintenance
equipment for the park that is at least 1,000 square feet to be
constructed bv November 1, 2012;
6. One (1) paved, parkin!! lot with 90 full size parkin!! stalls and 8 van-
accessible ADA parkin!! stalls for a total of 98 parkin!! stalls
connected bv ADA accessible pathways to all activity areas of the
park, hardened with fencin!! and a !!ate so that unauthorized vehicles
cannot access the park after hours. The parkin!! lot shall be
completed bv November 1, 2012;
The remainder of the park's improvements shall be completed no later than
November 1, 2014:
7. Picnic tables that are ADA accessible from pathways from the
parkin!! lot;
8. One (1) Little Lea!!ue/Ponv Lea!!ue baseball-softball field (80 foot
bases) includin!!:
.!!.: A re!!ulation backstop;
b. A re!!ulation du!!out for each side of the field;
S Stationary bleachers to seat a minimum of 50 persons with a
stora!!e unit underneath each bleacher section - one bleacher
and stora!!e unit for each of the sidelines;
d. Appropriate fencin!! to protect the spectators;
~ Appropriate fencin!! to protect the teams;
f: Fencin!! for the perimeter of the baseball field;
g, ADA accessible pathways to reach the Little Lea!!ue baseball-
softball field from the parkin!! area;
h. Placement of !!rass for appropriate areas of the field; and
-17-
1. An irri!!ation system installed for the field.
9. Four (4) outdoor. paved basketball courts (2 sets of 2 conti!!uous
courts) with appropriate fencin!!. with ADA accessible pathways to
reach the courts from the parkin!! area;
10. Three (3) outdoor. paved. conti!!uous tennis courts with appropriate
fencin!! constructed with ADA accessible pathways to reach the courts
from the parkin!! area;
!!.: One (]) outdoor children's play!!round at least 6.000 square feet in
size. with appropriate play!!round equipment. substrate. and fencin!!
with ADA accessible pathways to reach the play!!round from the
parkin!! area;
12. One (1) covered pavilion at least 40 feet by 80 feet with floorin!! with
ADA accessible pathways to reach the pavilion from the parkin!! area;
13. Potable water fountains throu!!hout the park as directed by the
department parks and recreation;
14. Landscapin!! throu!!hout the park shall be principally native
Hawaiian species. and irri!!ation shall be provided to all plants;
15. Perimeter fencin!! for the entire park;
16. Such miscellaneous items as bicycle racks. benches. picnic areas with
accessible picnic tables. shade trees. rubbish bins. etc.; and
17. The 20-acre active park shall be constructed to Countv-dedicable
standards. and the County shall accept dedication of each section as it
is completed.
[,",]V. There shall be an 800-foot setback from the Queen Ka'ahumanu 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,
-18-
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.
[WO]V. All project utilities shall be underground.
[X,]W. [The applicant shall conotmct the follo'.ving roads to aeeess other properties
and the regional road system:
I. Proj ect access road from the Queen Kaalmmanu Highway to the eastern
boundary of the project. (Read "I" on attached map Exhibit "8"):
Road "I" shall interseet with the Queen Ka'aflumanu Highway at a
location approved by the State Department of Transportation, and shall
eORllect with Malcalei Drive at the eastern (mauka) end. The road shall
be eonstructed on an 88 f-oot v,'ide right of 'Nay, as a two lane road, to
couRty dedicable standards as a eollector road, from the Queen
Ka'ahumanu High'Nay to the interseetion with Road "3". From Road
"3" to the intersection with Makalei Drive, Road "I" shall be
constructed to eounty dedieable standards as a minor street, eJwept that
design standards shall be varied to permit the connection with Malcalei
Dri'ie 'Nithout encroaching into the 10'liland Dry Forest Preserve. The
connection 'Nith Malcalei Drive shall be designed to not encroach into
the Lowland Dry Forest Preserve. The grade shall not exceed 10%,
except near the eORRection with Malcalei Dri'ie. .'.t the Queen
Ka'almmanu Highway, the interseetion shall be impro'ied in
accordance with one of the follo'.ving two options:
(a) If a grade separated interehange is a'iailable to connect
Road" I " to Queen Ka' afl\IrRanu Highway when .\pplicant
is ready to eonstruet Road "I ", .'.pplicant will connect Roaa
-19-
"I" to sacn iHtercnallge and iH sacn case, f.pplicaHt will
cOlltrilmte $1,500,000 to tne DepartmeHt of TransportatioH.
(b) If a grade separated illterchallge is Hot availaBle to C01lHect
Road "I" to Quccn Ka'aharnaoo Hignway wnell .^.pplicaHt
is ready to make tne cOnHectioll, .\pplicallt snail improve
tne iHtcrsectioll at its e),pense as reqaired by the
Departmellt of Transp0ftation, llut snail illclude, at a
millimHm, a deceleratioll aRd aR acceleratiolllalle Oll QHeell
Ka'almmaRH Highway, a left tarn laRe Oil Qaecll
Ka'ahamaHH High?,ay, a ref age lalle f0f vehicles tumillg
left illto QUCCIl Ka'aflUJllaRa High'Nay, aHd a dcdicatcd
rigM tHfll alld left tHfIllaHe from Road" I " to Queell
Ka'aflumaRu Highway. If warrant cd, at the reqHeGt of
DepartmeHt of Transportatioll, tne applicaHt snail illstall
traffic sigllals and a secolld left tHmlaHe from tne main
project access road to the QHeefl Ka'almmiIDu Hignway.
2. "Mid Lcvcl Road" from Road "I" to Kaimillalli Drive (Road "2" on
E),nillit "B"): Tne applicant snail cOllstmct tne mauka half scctioll of a
120 foot wide right of way to COHllt)' dcdicaBle stalldards as a
collector road. The applicaHt snail COHstmct the illtersectioll at
Kaimillalli Drive mectillg witn the approval of tne DepartmeHt of
Pablic W 0fks, lllli the intcmectioll shall illelade a left tlffi1lane eH
Kaiminani Drive.
3. .\ nortn sollin cellector road at approximatcl)' thc 600 feot elevatioll
(Road "3" Oil E),hillit "B"): Tne Hortn soatn collector road shall be
desigHcd to fHHctioll as a portioll of a future collector road (Road 'T')
cOHHectiHg Highway 190 with Road "I" alld the QHeell Ka'allUmallu
Highway. Road "3" shall lle constructed to COHill)' dedicaBle standards
as a collector road with an 88 foet ?fide rigM of way. The applicallt
-20-
shall censtfllct the intersectien between Read "3" and Read" [ "
meeting 'llith the appmval of the Department ef PHblic Werks.
4. New Ceflflecter Read te Mamalahea Highway Pmjeet (Read "4" en
EJ[hibit "8"). .\pplicant shall eenctruet Read "4", at its sele eKpense,
as a t'/{o lane 60 feet wide cmmty dedicable eollecter mad, inelHding
she Hiders and swales, within an 88 foot right ef YlaJ'. The final design
and maJ(imum grade efRead "4" shall be determined by the Direeter
ef PHblic Works after censHltati0n '.vith the Planning Direeter.
.^.pplicant shall be net required te install streetlights, eKcept at the
intemectien with Highway 190, er Htilities. If anether private
develeper is reqHired te participate in bHilding Read "4", as a
conditien efland Hse appmvals, .^.pplieant's share shall be limited te
the pertien efRead "4" en .^.pplieant's pmperty and en State land.
The Cmmty shall ebtain the necessary right ef way eutcide ef
.'\pplicant's pmperty.
5. A mad te COflflect seHth to the future eJ[tensien ef Holoh010 Street
Nana Street (Read "5" en E)(hibit "8"): The applicant shall bHild
Read "5" within the projeet area te ceHnty dedicable standards as a
miner street, and it shall intersect with Read "I ".
6. The Planning Directer may reqHire ether lecal streets within the
preject te pmvide lecal cenneetiens te the adjeining preperty te the
Flerth and seHth as a cenditien ef sHbdi'lisien appmval er plan
appreval.
7 /.t the western (malcai) end efMakalei Drive, the applieant shall
pm'lide safety impre'lements necessary te malee a safe transitien te
Read "[", which may include, but are net limited te, flImble strips and
establishing sHperelevatien fer the curve, as reqHired by the
Department efPHblic W0fles.
8. The fellewing mad improvements shall be eempleted befere a
-21-
9,
, rtioll of the SHbj eet
' 's issued for all) 130
eertifieate of oeeHj3a1le) I , 'I ' homes, '.vhiehever eomes
rty or eompletioH of allY slHgle faml )
prope ,
~ h rlUeeH Ka'alulmallll
a "I" at least from t e '<
(a) Roa, " 1.. "I'd Le';el Road
t "'Ith h,e ".
Highway to the intersee IOH ..
~ ";1""
(Roa~ J, 'road with the
' 1.. aiA proJeet aeeess
the intersectJoH of tae m
(b) H' h",~" aIld
va'ahumanu Ig.. , ,
QlIeeA"" , "fe<eet
d "2") from the mam t' J
~fa Level Road (Roa " ,
(c) the. 1 " n '" aIld the KalmlHaIll
d t KaimlHaHl tin. e,
aeeess roa 0
Drive iflterseetioA, d or other
ellts Shall be seelli'ed by bOA
a ' ro"em~- tt
The [ollowiAg roa Imfl . , Difector to guarafltee
'h ro"al of the PlarmlHg
surety meetillg with t e app . ,,,'thiA two (2) years after the
m'll be eompletea ..I ,
that the improvemeHts ..I ". nortiOH of the sllbJeet
' of oeeHpalley .er an) t'
issuanee of a eertlfieate , 'I ' homes, whieheyer eomes
rty or eompletion of aay slHgle [ami)
flrofle ,
~
10,
a' y Ileeessary
, f R d "I" illelu mg an
" ortlOn 0 oa ,
(a) the remamlAg p 'fHakalei Driye;
th lower flortlOlI 0 .
improvements to e
(b) Roaa "3", aIld
a "~" h
(e) Roa , (6) years after t e
d "1" 110 later thall sm
11 omj3lete Roa
,'\pj3lieallt sha e , be allowed 1I11der
h' nlillallee, eKeept as mIl) " "
ef[eetiye date of t IS 0 th completion of Road 1
" "A lieallt shall aOSHre e
COHditioH 00 , ,.flP 1 ' Direetor 110 later
t a by the P anHlllg
'ly aeeep e
by bond or other seean 'f, allY bllildiHg, other
' of a eertifieate of oeeHj3alle) or
than the ISsaanee I f Edaeatioll (DOE)
T' " or the State Deflartmell 0 ,
thall the UIllYerslt) an ' SHbdiyisioll ereatlllg
I bdi"isioH appro';al for )
'lEi' Sf Hila su . ,
13m IIIg, 'fi I of oeeHpancy for all)
, II I bertl ca e
' Ie family resiEieHtJa 0 s,
slAg
-22-
building, otHer tHan tHe University or DOE bllilding shall not be
issued, and final subdivisionllflJlrOval for any soodivision ereating
single family residolltiallots sHallllot be granted, until tHe necessary
rigHt of way for Road "4" Has been obtained from an)' otHer pri'iate
landowner.
II. Makalei Drive is a "minor road" and ',Yillnot be open te tHe public
until tHe collector Road 1 is open for public use.]
The applicant shall construct the following roads and improvements within and outside of
its propertv as identified in the Hawai'i County General Plan and the Kona Community
Development Plan (CDP) Official Concurrencv Map. Figure 4-3. adopted as Ordinance
No. 08131 effective September 25. 2008:
I. Universitv Drive (Road 2 - Kona CDP Map. Figure 4-3) within the
property from the Queen Ka'ahumanu Highwav to Makalei Drive:
a. From the Queen Ka'ahumanu Highwav intersection to the
proposed Ane Keohokalole Highwav (Road 6A - Kona CDP Map.
Figure 4-3), Universitv Drive (Road 2) shall consist of an 88-foot
right-of-wav with two lanes constructed to Countv-dedicable
standards. Each of the followinl!: sections of this roadwav shall be
dedicated to the Countv upon its individual completion.
ill The first section of this roadwav (2A) shall be constructed
to County dedicable standards from the Queen
Ka'ahumanu Highwav to approximately 800 feet mauka
of the Kamanu Street (Road 3A - Kona CDP) Intersection
2A-3A. and shall be completed prior to the opening of the
first building constructed on the State land for the
University of Hawai'i or before a Certificate ofOccupancv
is issued for anv portion of the subiect propertv or the
-23-
completion of any single-family residential homes.
whicheyer occurs first. Road section 2A is a priority and
shall be completed as the first road into the proiect.
This road section shall be dedicated to the County
within six months of its completion.
ill Road section (2B) of this roadway from approximately
800 feet mauka of the Kamanu Street (Road 3A - Kona
CDP) Intersection 2A-3A to the Ane Keohokiilole
Hie:hwav Intersection 2B-6A shall be constructed to
County dedicable standards in time to be connected to
the northern end of the County's portion of the Ane
Keohokiilole Hie:hwav (Road 6A) where it meets the
proiect. Road section 2B shall be dedicated to the
County within six months of its completion. Road
section 2B shall be completed no later than the Ane
Keohokiilole Hie:hwav.
ill Road section 2C from Intersection 2B-6A of the
proposed Ane Keohokiilole Highway (6A) to Miikiilei
Driye includine: the Miikiilei Drive Extension shall be
constructed to County-dedicable standards as a minor
street. except that design standards may be varied to permit
the connection with the existine: Miikiilei Drive without
encroaching into the lowland Drv Forest Preserve. The
grade shall not exceed ten (IO) percent. except near the
connection with Miikiilei Drive. This road section shall
be completed no later than the completion date of Road
1 (Kona CDP), This road shall be dedicated to the
County within six months of its completion.
-24-
b. At the Queen Ka'ahumanu Highwav and University Drive
intersection, the intersection shall be improved in accordance with
one of the following two options:
(1) If a grade separated interchange is available to connect to
Queen Ka'ahumanu Highwav when the applicant is ready
to construct the lower section of University Drive (Road 2
A- Kona COP), the applicant will connect to such
interchange and in such case, applicant will contribute
$1,500,000 to the Department of Transportation.
(2) If a grade separated interchange is not available to connect
University Drive (Road 2) to Queen Ka'ahumanu Highway
when the applicant is ready to make the connection,
applicant shall improve the intersection at its expense as
required bv the Department of Transportation, but shall
include, at a minimum, a deceleration and an acceleration
lane on Queen Ka'ahumanu Highwav, a left-turn lane on
Queen Ka'ahumanu Highwav, and a dedicated right-turn
and left-turn lane from University Drive (Road 2) to Queen
Ka'ahumanu Highway. Ifwarranted, at the request of the
Department of Transportation, the applicant shall install
traffic signals and a second left-turn lane from University
Drive (Road 2) to the Queen Ka'ahumanu Highwav.
(3) The intersection improvements with the Queen
Ka'ahumanu Highwav shall be completed prior to the
opening of the first building constructed on the State land
for the University of Hawai'i but no later than November
1. 2012 or before a Certificate of Qccupancv is issued for
any portion of the subiect property or the completion of any
single-family residential homes, whichever occurs first.
-25-
2. Kamanu Street (Road 3A - Kona COP) from Universitv Drive (Road 2 -
Kona CDP) to Kaiminani Drive:
a. The applicant shall construct the mauka half-section of a 120- foot
wide right-of-wav to Countv-dedicable standards as a two-lane
collector road.
b. The applicant shall construct the intersection at Kaiminani Drive
meeting with the approval of the Department of Public Works.
The intersection shall include a left-turn lane on Kaiminani Drive.
c. The intersections at the northern (Intersection 2A-3A) and
southern end of this road shall have illumination.
d. This road shall also be provided with a utilitv trench suitable for
installation of future street lights bv the Department of Public
Works or the State Department of Transportation when such
illumination is determined to be necessary.
!::. The construction of this roadway and its intersections shall be
completed prior to the opening of the first building on the State
land for the University of Hawai'i. This road is a priority and
shall be completed simultaneouslv with the first road section
(Road 2A) of the project.
f, This road shall be dedicated to the county within six months of
its completion.
3. Ane Keohokiilole Highwav (Road 6A - Kona COP):
fu The portion of Ane Keohokiilole Highwav (Road 6A) within the
property shall have a right-of-wav width of 120 feet. The applicant
shall construct a half-section. two-lane collector road. within this
120-foot right-of-wav to Countv-dedicable standards. This
roadway shall be designed to function as a portion of a future road
(Road I - Kona COP) connecting Miimalahoa Highwav (Hwv.
190) with University Drive and the Queen Ka'ahumanu Highwav.
-26-
b. The applicant shall construct the intersection of University Drive
and the Ane Keohokalole Highway (Intersection 2B-6A) meeting
with the approval of the Department of Public Works and
complete Intersection 2B-6A when the applicant reaches the
101" housine permit or as close to simultaneously as possible
when the construction of the County's portion of the Ane
Keohokalole Hiehway (6A) joins the project district, whichever
occurs first. Intersection 2B-6A shall be dedicated to the
County within six (6) months of its completion.
f:. The portion of the Ane Keohokalole Hiehway (6A) within the
proiect district shall be constructed when the applicant reaches
the 101" housine permit or as close to simultaneous Iv as
possible when the construction of the County's portion of the
Ane Keohokalole Hiehwav (6A) joins the project district,
whichever occurs first. Ane Keohokalole Hiehwav (6A) shall
be dedicated to the County within six (6) months of its
completion.
d. The applicant shall complete the preliminary eneineerine for
technical feasibility of the Ane Keohokalole Hiehwav (Road
6A) and have the roadway environmentallv cleared for
construction for a minimum of 500 linear feet bv 200 feet wide
from the subiect property boundary into the adiacent
properties.
4. New Connector Road (Road I - Kona CDP):
a. The right-of-way width of Road 1 within the State lands shall be
120 feet. The section of Road 1 from the State property to the
Mamalahoa Highway (Hwv. 190) within the private properties
shall have a right-of-way width of 88 feet.
b. Applicant shall construct Road 1 (the extension of Ane
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Keohokalole Hil!:hwav from the north side of the proiect
district and continuinl!: north and east to the Mamalahoa
Hil!:hwav), at its sole expense as a two-lane Countv-dedicable
collector road, including shoulders and swales. The final design
and maximum grade of Road I shall be determined bv the Director
of Public Warks after consultation with the Planning Director.
c. The applicant shall continue preparatory work for the design of
Road L including working with the County of Hawai'i to secure
the right-of-wav for Road I across State of Hawai'i lands and
providing information necessary for the County of Hawai'i to
arrange the right-of-wav over private Iv owned lands. The
applicant shall provide Quarterlv information to the planninl!:
director on the status of nel!:otiations for easements for the
ril!:ht-of-wav. If the applicant cannot or does not obtain the
easements within 18 months, the county shall bel!:in eminent
domain proceedinl!:s for the ril!:ht-of-wav. The applicant shall
be responsible to the County for reimbursement of any and all
costs associated with the fulfillment of the applicant's
oblil!:ation under this al!:reement. The County shall obtain the
necessary ril!:ht-of-wav outside of applicant's property.
d. Applicant shall not be required to install utilities or streetlights on
Road 1. except that streetlights shall be installed bv the applicant
at the intersection with Highwav 190.
e. Completion of Road I will be secured bv bond or other security
meeting the approval ofthe corporation counsel to guarantee that
improvements will be completed bv the deadline specified in this
condition. The bond or other security shall be provided prior to the
granting of final subdivision approval on the property containing
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single-family lots. A bond or other security shall be subject to a
separate contract acceptable to corporation counsel.
f. The applicant shall complete Road I no later than six (6) years
after the entire right-of-way is acquired. This road shall be
dedicated to the county within six months of its completion.
There shall be no time extension on this condition.
5. Kealaka'a Street Extension (Road 7 : Kona CDP):
Jh The applicant shall reserve an 88-foot ri~ht-of-wav for the
Kealaka'a Street Extension within its property for future use
as a County road.
b. The applicant shall construct the portion of Road 7 that is
inside the project area and have the roadway environmentallv
cleared for construction for a minimum of 500 linear feet bv
200 feet wide from the subiect property boundary into the
adjacent properties.
f: The applicant shall also construct Intersection 2C-7. Both the
road and the intersection shall be constructed to County-
dedicable standards as a minor collector road at its sole
expense when a connection at the southerlv boundary of the
proiect is opened or the applicant reaches the 101 51 housin~
permit or as close to simultaneouslv as possible when the
construction of the county's portion of the Ane Keohokiilole
Hi~hwav (6A) ioins the project district. whichever is first.
d. The applicant shall dedicate the road and the intersection to
the County of Hawai'i within six months of its completion.
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6. At the western (makai) end of existinl! Makalei Drive. the applicant shall
provide safety improvements necessary to make a safe transition to
Universitv Drive (Road section 2C). which mav include. but not limited
to. rumble strips and establishing super-elevation for the curve. as required
bv the Department of Public Works.
Makalei Drive is a "minor road" and will not be open to the public as a
through street until Road I is opened for public use.
[:VO] X. There shall be no direct access from individual lots to collector streets.
[b.] Y. Construction vehicles shall not utilize the existinl! section of [Malmlei]
Makalei Drive for inl!ress or el!ress to the applicant's Proiect District;
however, construction work within Makalei Estates on the water system
(wells, mains, and tanks) will require access to the existinl! Makalei Drive.
For the purpose ofworkinl! on the water system onlv, construction vehicles
shall be allowed on the existinl! portion of Makalei Drive.
[Mo] Z. [No vehieular seellFi~' gate shalllle installed within sixty (60) fect of
any proposed eoun~' road and a turnaround gate shalllle proyided within
the private road or proper~' on the eounty road side of the gate.] The Kona
Community Development Plan and the Hawai'i County Code (Chapter 23,
Subdivisions) discoural!es l!ated communities and cui de sacs; therefore,
there shall be no l!ated communities or cui de sacs in the applicant's
development.
[BBo] AA. 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
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any construction permit. Drainage improvements shall be constructed, meeting
with the approval of the Department of Public Works, prior to issuance ofa
certificate of occupancy for any buildings, or final subdivision approval for any
subdivision creating single-family residential lots.
[(;(;,] BB. 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.
[DDo] CC. 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-I 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.
[EE.] DO. University of Hawai'i Condition. Applicant shall provide the following to
relocate the University of Hawai'i operations:
1. [Connecti'iity with] Provide connection of roads and all utilities to the
University of Hawai'i SOD-acre site. Applicant shall allow the University
of Hawai'i 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 "I "] University Drive (Road
section 2A - Kona COP).
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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 Hawai'i 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 Hawai'i design results in the cost of design and construction
of the building and associated parking exceeding $5,000,000, Applicant
shall be responsible for the first $5,000,000 and the University shall be
responsible for the balance.
a. The building shall be constructed on the State land designated for
University use.
b. Construction [_I of the building shall commence as soon as the
University has the required [ tIte-] 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 Hawai'i at
West Hawai'i until the necessary consent and approvals are
obtained at comparable lease rates now being paid by the
University of Hawai'i 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 Direetor I corporation counsel and the Chancellor of
Hawai'i 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. A bond or other securitv shall be subiect to a
separate contract acceptable to corporation counsel.
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d. 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, Q!
November I, 2012, or final subdivision approval for any
subdivision creating single-family residential lots, whichever is
first. The location and design ofthe building (interior and
exterior) and related improvements will be on terms determined by
the University of Hawai'i. The University of Hawai'i shall consult
on design of said building with Applicant.
4. Immediatelv upon completion of the University of Hawai'i conditions
Cc. (1), (2), and (3) above, all improvements shall become the
property of the University of Hawai'i.
[FFoI EE. 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 ofthe 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:
I. 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 Hawai'i.
3. The building will meet DOE facility standards, with finished classrooms,
workshops and offices.
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
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building, or within two (2) years from the completion of ay 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.
8. The value ofthe building and its use is meant to be credited against any
DOE requirements under the State Land Use Decision and Order.
[GGo) FF. 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.
[Hlb] GG. 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 II, Article I, Hawai'i 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 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, Hawai'i 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
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include affordable units built on-site. Applicant shall satisfY its affordable
housing requirements by on-site construction of units includinl!: those units
earned from the 29. 918-acre MCX parcel rezoned from this project, and not
utilize any affordable housing credits generated off-site.
1: Due to the applicant's proposal to develop a hotel alonl!: with a
medical campus, a research and development facilitv, and communitv
commercial space, a l!:reater affordable housinl!: requirement mav be
imposed. In accordance with Hawai'i Countv Code chapter 11,
Sections 11-4 (c) Requirements for resort and hotel uses, and (d)
Requirements for industrial uses, all resort, hotel, and industrial uses
l!:eneratinl!: more than one hundred emplovees on a full-time
equivalent basis must earn one affordable housinl!: credit for every
four full-time equivalent jobs created. Additionallv, anv affordable
housinl!: units l!:enerated bv the MCX zoninl!: removed from this
project district shall be applied and built inside this project district.
2. Due to the tremendous need for affordable housinl!: units in Kona, the
applicant shall provide affordable housinl!: units in the followinl!:
manner:
a. Provide for the l!:reatest affordable housinl!: needs bv
constructinl!: one-bedroom, two-bedroom, and three-bedroom
units with the two- and three-bedroom units comprisinl!: the
hil!:hest percental!:e of these units;
b. Provide some for-sale affordable units built as condominiums
over commercial (but not industrial) buildinl!:s. Such
condominiums would save the applicant on infrastructure
costs:
c. Provide multiplex units with a mix of the various bedroom
confil!:urations listed in a. above; and
d. Provide affordable zero-lot line houses.
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3. The applicant shall build all affordable housiDl~ units. whether for
rent or for market purchase, in the followinl!. manner:
Jh An equal number of units affordable at the 60%, 70%, 80%,
90%, and 100% percental!.e of median income;
b. Affordable housinl!. units shall be constructed and intermixed
with all other residential housinl!. price ranl!.es. There shall be
no areas of exclusivelv affordable housinl!..
S While there are no market-priced residential units built in the
Proiect District, the required affordable housinl!. units shall be
constructed in the followinl!. increments: 25% - no later than
November 1, 2012, an additional 50% - no later tan November
1. 2015, and the final 25% - no later than November 1,2017;
and
d. Once market-priced residential units are under construction,
then 20% of the residential units built shall be affordable
housinl!. units until the total commitment for affordable
housinl!. is completed.
[11.] HH. 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.
[JJ.-] 11. The applicant shall implement the Integrated Natural Cultural Resource
Management Plan (INCRMP) dated May 19, 2005, for the Lowland Dry Forest
Preserve (Exhibit "D" and "F" to the INCRMP). Preservation actions, with fire
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control as a priority, shall begin no later than six months after the effective date of
this ordinance.
[KKo] JJ. The applicant shall protect all uhiuhi and 'aiea trees, and shall use best
efforts to preserve the major stands of wiliwili trees.
[bb] KK. The applicant shall implement the INCRMP for the cave areas (Exhibit
"E" to the INCRMP).
[MM.] LL. The applicant shall implement the Archaeological Preservation
Plan (Exhibit "C" to the INCRMP), along with any amendments and
modifications thereto as approved by the State Historic Preservation Division.
[NNo] MM. [ The Plllnning Dircctor maJ approve modifications to the INCR1\fP
conforming to the gcneral purposes of the INCR1\fP, after consultation with
the DLNR DOFf.W.]
Before anv modifications to the INCRMP, the Plannin~ Director shall consult
with the DLNR-DOF A W on any such potential modifications and shall brin~
those potential modifications to the council for approval.
[(){),] NN. 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] which 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 subj ect 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
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formation of the master association, those responsibilities, except for offsite
infrastructure requirements, shall be transferred to the master association.
[PI!.] 00. 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 [S6,H1.25] $7,383.36 per multiple family residential unit ([S9,991.20]
$11,506.13 per single family residential unit). The total amount shall be
determined with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit (single family residential units) shall be allocated
as follows:
I. [SJ,162.19] $3,642.00 per multiple family residential unit ([S1,817.9J]
$5,548.46 per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. [S99.95] $115.11 per multiple family residential unit ([UJ2.12] $267.66
per single family residential unit) to the County to support police facilities;
3. [SJ07.16] $354.08 per multiple family residential unit ([S159.06] $528.66
per single family residential unit) to the County to support fire facilities;
4. [UJ7.01] $157.81 per multiple family residential unit ([S200.98] $231.45
per single family residential unit) to the County to support solid waste
facilities; and
5. [S2,701.Jl] $3,114.36 per multiple family residential unit ([S1,280.82]
$4,929.90 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
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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 satistied when Applicant completes and offers for dedication all of
the land facilities for the active use park described in Condition ['-'Y'2] "T" above.
The fair share contribution for roads will be satisfied upon completion of the
[Mid Level Roaa (Road "2"), Roaa "3, Roaa "5" ana Roaa "4"] University Drive
(Road sections 2A, 2B, and 2C), Kamanu Street Extension (Road 3A), Ane
Keohokalole Highway (Road 6A), [KealalUla ] Kealaka'a Street Extension
(Road 7), and Road I and their associated intersections.
[QQ.] PP. Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
[RRo] QQ, Comply with all other applicable County, State and Federal laws, rules,
regulations and requirements.
[8&] RR. 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. [ ltIHl ]
the bond status including the premium payments, 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 [aHd the Director
aclrnov;ledges that further reports are Hot required.]
.39.
[=I+.-] SS. [ An initial extension of time fur the perfurmanee of eonditions within
the ordinanee exeept for the six year time limit in eondition X.I1l, may be
granted by the Planning Direetor lip on the foll8',dng eircllmstances.]
Anv additional extension beyond this amendment shall be subiect to council
approval, but shall not exceed three years and shall not include conditions J.,
L., 0.. and T, and shall be based on the followinl!: circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control ofthe applicant, successors or assigns,
and that are not the result oftheir fault or negligence.
2. Granting ofthe 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 fur a period not to exeeed the
period originally granted for perfurmanee (i.e., a eondition to be
performed within one year may be extended fur lip to one additional
yeMj.]
If the applicant should require an additional extension oftime, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
S. 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 ellteflsion of tile Sill year time limit to
complete Road "4" in Comlition X.l g, provided that tile requirements of
Condition "TT" are met, and, in addition, the new deadline for the completion of
Road "4" is not more tllan twe (2) years after tile completion of an)' building,
including siflgle family residential buildings, otller than the University building or
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the DOE btlilding.]"
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
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