HomeMy WebLinkAboutBIL 137 Draft 02 2008-2010
J~<Y"•oF N,~1
COUNTY OF HAWAII " STATE OF HAWAII
1tE O;.M?'.~
BILL NO. 137
ORDINANCE NO. (Draft 2)
AN ORDINANCE AMENDING ORDINANCE NO. 06-105 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 3 ACRES (A-3a) AND OPEN (O) TO PROJECT DISTRICT (PD)
AT KA`U, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 06 105 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8 Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following areas situated at Ka`u [Kau], North
Kona, Hawaii, 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. 291 ° 46' 30" 5726.03 feet along the Kukio-Ooma Government
Tracts;
2. 17° 56' 2314.09 feet;
3. 115° 03' 36" 5449.47 feet along the Government Lands of
Makaula;
4. 189° 19' 55" 2044.65 feet along the east side of Queen
Kaahumanu Highway (Project No.: 19 BC-
01-71) to the point of beginning and
containing an area of 274.861 Acres.
PARCEL "B":
Beginning at the northwest corner of this parcel, being also along the south side of
Kukio-Ooma Government Tracts, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAHIPUU", being 6,947.06 feet North and
18,434.23 feet West and thence running by azimuths measured clockwise from true
South:
1. 291° 46' 30" 784.96 feet along the Kukio-Ooma Government
Tracts;
2. 280° 28' 22" 2806.44 feet along the Kukio-Ooma Government
Tracts;
3. 290° 55' 24" 3323.43 feet along the Kukio-Ooma Government
Tracts;
4. 17° 14' 2844.54 feet along Lots 36, 37, 38, 44, 15, 14, 13, 12,
11, 10 and 9 of Makalai Estates - Phase 2
(File Plan 2294);
5. 100° 15' 30" 1838.50 feet along the Government Lands of
Makaula;
6. 115° 03' 36" 5137.19 feet along the Government Lands of
Makaula;
7. 197° 56' 2314.09 feet to the point of beginning and containing
an area of 450.343 Acres.
Less the following described area:
Beginning at a point, being the Northwest corner of this parcel of land, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "AKAHIPUU", being 109.49 feet South and 18,804.22 feet West, and running by
azimuths measured from true South:
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1. 291 ° 46' 30" 1149.40 feet along Kukio - Ooma
Government Tracts;
2. 9° 19' 55" 282.64 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
3. 279° 19' 55" 9.06 feet along the remainder of Rom
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of 239.00 feet, the
chord azimuth and distance beiniz:
4. 324° 19' 55" 338.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
5. 9° 19' 55" 446.09 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
6. 279° 19' 55" 485.02 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
7. 9° 32' 52" 500.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
8. 99° 19' 55" 421.14 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
9. 189° 19' 55" 301.00 feet along the remainder of Royal
-3-
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
10. 99° 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of 20.00 feet, the chord
and distance being:
11. 54° 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
12. 99° 19' 55" 197.96 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
Thence along a curve to the left with
a radius of 301.00 feet, the chord
azimuth and distance being:
13. 75° 03' 55" 247.41 feet along the remainder of Rom
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
14. 50° 47' 55" 103.47 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of 20.00 feet, the chord
azimuth and distance being:
15. 95° 47' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
-4-
to Paalua, Certificate of Boundaries
191,
16. 140° 47' 55" 199.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
17. 230° 47' 55" 357.90 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
18. 140° 47' 55" 218.83 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
Thence along a curve to the right
with a radius of 239.00 feet, the
chord azimuth and distance being:
19. 240° 48' 29" 65.26 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
20. 158° 39' 19" 269.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
21. 190° 57' 06" 40.03 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
22. 103° 12' 19" 39.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
-5-
23. 102° 46' 39" 49.05 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
24. 116° 09' 35" 45.79 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
25. 112° 02' 29" 43.66 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
26. 189° 19' 55" 199.24 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
27. 99° 19' 55" 114.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
Thence along a curve to the left with
a radius of 20.00 feet, the chord
azimuth and distance being:
28. 54° 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
29. 99° 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
30. 189° 19' 55" 13.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191,
-6-
31. 99° 19' 55" 297.97 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
32. 189° 19' 55" 537.31 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paulua, Certificate of Boundaries
191 to the point of beginning,
containing an area of 29.92 acres,
more or less.
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, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
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.
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C. The applicant shall comply with the conditions as set forth in the Water
Agreement between K-W Kau, LLC and the Water Commission of the County of
Hawaii dated June 15, 1999.
D. The project shall consist of a maximum of [725.2] 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.
E. The maximum number of residential units allowed shall be 1,116 units, including
the on-site affordable housing units.
F. The maximum number of hotel rooms shall be 120.
G. Commercial spaces for medical, office, retail, classrooms and health related uses
and hotel shall be limited to [4-92] 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
aside in the project area.
1. 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 course and related
facilities. Uses allowed by Use Permit in the CV district may be allowed.
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 course,
open space and recreational areas and other related improvements on the property,
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shall be submitted to the Planning Director within two (2) years from the effective
date of the Project District Ordinance or prior to submission of plans for plan
approval or subdivision approval, whichever occurs first.
K. Substantial construction of the proposed development shall commence within five
(5) years from the effective date of the Project District Ordinance. "Substantial
construction" means the actual start of construction of project infrastructure under
a bona fide contract of not less than ten million dollars ($10,000,000.00). Prior to
construction, the applicant, successors or assigns shall secure Final Plan Approval
for the proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code Plans shall
identify proposed structures, fire protection measures, paved accesses and parking
stall, and other improvements associated with the proposed uses.
L. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements. Landscaping
rules, such as the screening of single-family residential from commercial
areas, shall be applied according the actual uses.
2. 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.
3. The minimum off-street parking and loading space requirements of
Chapter 25, Hawaii County Code shall be complied with, including
compliance with the American Disabilities Act (ADA) requirements.
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M. The variances from Chapters 23 (Subdivision) and 25 (Zoning), Hawaii County
Code, as presented in Planning Department Exhibit 2 (Applicant's November 21,
2005 letter with attached Tables pages 1 to 6 related to Variance Requested from
Sections in Subdivision and Zoning Codes, and Applicant's Figure 2 - Conceptual
Character of Town Center/Residential Village Center, Figure 3a - Residential
Village Center Alternative: 4,000 SF Lot, Figure 3b - Residential Village Center
Alternatives: 6,000 SF Lot, Figure 4a - Conceptual Plan: Roadway Concepts -
Dedicable, Figure 4b - Conceptual Plan: Roadway Concepts - Nondedicable, and
Figure 5 - Residential Village Center Alternatives: Zone Lot Line Concepts) shall
be allowed under the Project District. The applicant shall submit detailed plans to
the Planning Director showing street designs and cross-sections, and adjacent
building designs, with the Master Plan. The Planning Director may require
modifications to the street sections to provide sufficient on-street parking where
the plans do not provide adequate off-street parking (such as the 4,000-square foot
lots with a one-car garage and insufficient setbacks to allow parking in
driveways), and may require further changes necessary for public safety and
convenience. All roads built with the variances allowed under this condition will
be non-dedicable. With regard to the requested zero line building setbacks, the
applicant shall conform to the current Hawaii County Building Code
requirements. As part of the Master Plan, the applicant shall submit plans for
pedestrian movement through the project district, which shall identify areas where
sidewalks will be included to permit safe pedestrian access to the Town Center
and other important points in the development.
[N. To ensure that the prejeet is developed aceer-ding to its stated goal of er-eating-a
mixed use residential y, the r pfejeet must ineltide residential
d_ . ellYii .e. * The Ni vj + hui¦ have at to st one residential • nit f 600
square feet of nan&esidential development (under r-eef). Spaee used by4he
shall -10-
is Hem' irement for the nonfesidential ]
[9.] N. The permitted hotel, designated as the "University Inn and Conference
Center," shall function as a business hotel and in conjunction with University
operations. It shall not be operated under a time-share plan or other
arrangement that provides for shared ownership of individual units on the
basis of time intervals, or club membership allowing periodic use.
[P-. 0. 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 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, Director,
whichever comes first..
Queen Kaahumanu Highway right of way.]
P. 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.
Q. Total retail space (not including restaurants) shall not exceed 75,000 square
feet under roof until the construction of the Queen Ka`ahumanu Highway,
Phase 11 widening improvements to four lanes from Kealakehe Parkway to the
Kona International Airport at Keahole has been secured by the state entering
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t
into a construction contract for the improvements. The square footage of
improvements leased to the University of Hawaii shall not count against this
limit.
[T:] R. The applicant shall set aside a "Constraints Area" including the approximately
55-acre dry forest preserve, archaeological sites/cave and park areas on the
project site.
[U-.] S. The Applicant shall develop one 20-acre park site prior to [ °
fist r sidential t mit on the r pei:t the issuance of the building, permit for
the 101St single-family or multi-family residence within the Project. The 20-
acre active park site shall include: [two ,.1.,ying fief's w-hie h m be °
baseball field and one seeeer- field or- two baseball fields or- ~wo soeeer- fields-,
par-king let and r-estfeems, with the speeifie fequifements to be deteffflin
eon „1t"tio with the Depaftme t of Darks a 1 Reer-e°t:"".]
(1) One Pony Plus League baseball-softball field including:
(a) A regulation backstop;
A regulation dugout for each side of the field;
(c) Portable bleachers to seat a minimum of 50 persons
in each bleacher - one bleacher for each of the
sidelines,
Ld) Appropriate fencing to protect the spectators;
(e) Appropriate fencing to protect the teams;
f) Fencing for the perimeter of the baseball field;
ADA accessible pathways to reach the baseball-
softball field from the parking area;
Placement of grass for appropriate areas of the field;
and
An irrigation system installed for the playin field.
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One Little League baseball-softball field including:
(a) A regulation backstop
A regulation dugout for each side of the field;
(c) Portable bleachers to seat a minimum of 50 persons
in each bleacher - one bleacher for each of the
sidelines;
Cd) Appropriate fencing to protect the spectators;
(e) Appropriate fencing to protect the teams;
f~ Fencing for the perimeter of the baseball field;
ADA accessible pathways to reach the baseball-
softball field from the parking area;
Placement of grass for appropriate areas of the field;
and
An irrigation system installed for the playing field.
(3) One regulation adult/high school soccer field that shall
include:
La~ Portable bleachers to seat a minimum of 50 persons
in each bleacher - one bleacher for each of the
sidelines;
ADA accessible pathways to reach the soccer field
from the parkin
Lc) Placement of grass for appropriate areas of the field;
and
An irrigation system installed for the soccer field.
(4) One standard size dog park.
(5) One comfort station, 30 x 60 feet with lighting, water, and
ADA compliant restroom facilities and ADA accessible
pathways from the parking area, constructed to
specifications and placed in locations to be determined by
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the department of parks and recreation;
(6 One paved parking lot with 56 full size parking stalls and 4
van- accessible ADA parking stalls for a total of 60 paved
parking stalls connected by ADA accessible pathways to all
activity areas of the park, hardened with fencing and a ate
so that unauthorized vehicles cannot access the park after
hours.
The 207acre active park shall be constructed to county-dedicable standards
with the specific requirements to be determined in consultation with the Department
of Parks and Recreation, and the county shall accept dedication.
[V-] T. 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, 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.
[Vii] U. All project utilities shall be underground.
[X-. ] V. [The applieant shall eonstnaet the following r-eads te aeeess other- pr-epei4i
and the regional read system:
1. Prejeet-aeeess road fie the QueexKaahidmantt Highway to the-eastem
betmdar-y of the (Read "I" on attaehed map Exhibit "B"):
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Road "I" .,'~ter-seet with the Queen Ka'ahttmanu Highway at
leeation appfeved by the State Depaftment of Ty-edispeftation, and shall
eepmeetwith MakaleiBfve-at-the eastem (mauka) end. The read shal4
be eonstrueted on an 88 feet wide right of way, as a two lane foad, to
.eotffAy aedieable ^tan afds as a elleetef " as, from the Queen
Ka'ahtimanu Highway to the intefsee ien with Read "3". Rom n a d
"3" to the in4er-seetie t e; Dfive, R as "lral
design standards shat be varied to " ""';t the eenneetion with Mak le:
Drive without enefoaehing to the lowland Dfy FofestPfesei=ve-Tke
eenneetion with T Takale; Drive stall be designed to note " t into
the Lowland Dt-y zofest Pfeser-ve. The gfadCshall ot emeee 1 nog
exeept near- the eonneetion with Drive. At the Queen
Ka'aht nan Highway, the i to fseet;„n shall be ; e d ;
Read cc „ to Queen K-aakumanu Highway when Applie
is read), to eanstfuetR~d "I", A:pplieantwill eefmeet Road
"?1 " te-sueh intefehange and in eh ease,
Applieant will
cont,.ib to $1,500,000 to the nenaft,,,ent of Tfanspoftat:,.n
(t) if " gr-a de r te'd i tefo an e ; of available to eonnee
Read cc „ Ka'ahttmwm Highway when Appliean
to Queen ready to make the a Betio A nnl:a.,,-,t shall itnpfov-e
the inter-seetion at its expense as fequired by the
Dep; ent o€TfanspeFtatle ,bu4 all include, at -
.deeelef t:g" and ele,•atio lane on Queen
)ta'at,,,nan Highway a left t,,,.,., lane on Queen
,
Tla'al,uf an„ Highway, ,•efuge lane fef ye ieles t,,,-„;„g
left nte Queen rra'al,tt an„ High.,,dedieated
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right- tufn aneft to lane f D"dad "17" to Queel3
Ka'ah-umami Highway. if wafFapAe, a4 r-equest of
Depaftf eat of Tr-anspoi44ie the " pliea„t shall ;„stall
trafti" signals and " second loft t„"'' lane F e the ,v,
Ka'ahtima-att Highway.
projeet aeeess read to the Queen 2. "Mid Level Road" fT-ofn Road "I" to Kaiminani Dr-ive (Road "2" on
Exhibit "B"):
120 foot wide right of way to eoui+ty dedieable standards as
u";"";"""; Drive meeting with the approval of the Department o
D„b.lie Works but the ;v,ter"eetio shall ,.1,,,70 " loft t„"'"' la e
Kaimifiani Drive.
3n noi4' „tl, eOlleet„r read at " ,,,"tel., the 600 foot elevation
(Do cc " on Exhib t "B"). The """tl' south eelleetor- road shall be
`7esig e'7 to funetio as a "'"t;"" of a f,t„re eelleeter- read (Read 'A")
eonneeting Highway 190 with D ef1d "1 " and the Queen Ka'ahufnan
Highway. Re "P shat be nst,- ete.7 to . "'ty '7°`7;""1'1° "t""`7""'
as a e6lleetef read witl'an 88 divot wide right of way. The applie-an.t.
shall -eenstr let-the-in4erSeetion between Read "P and Re cc »
meeting with the appreval of the Dep xent of n„b.lie W
4. New Coo eet"r Roo t" AiT5ma ahea Highway Pr-ojeet (Road "4" 0
Exhibit "B"). 'A",
two lane 60 feet wide . "t`• ' edie"1'1° eelleet"" r ",7 "1„'7;„R
as a s mtidefs and swaieswithin feet ght of . The final desig.B. way. and ma-xzimum giuae of Rea'A" uzz be determined by theDircetof
of P b.lie Alefks after e „lt"t1e1 with the Plan,". Difeat r
Applieanl shall be not r-equired to install str-eetlights, exeept at the
ii er-seetion-ikith Highway -190 or- es. if anether- pr-i~E}ce
developer- is required tepaftieipatein building Read "4", as
-16-
„l;t:,,«, „flan , all Appli a t's share shall be limited to
cc w ApplieafA's pr-opefty and an State land.
the pet4ien of Read The Ceui+ty shall obtain the neeessafy r-igl# of way outsi
5. A road to eenneet south to the future extension ^1e ^1^ Street Nan-a
St-feet "5" on Exhibit ccB»ie apprll-'^ t shall build Road cc »
within n the " °"t area to eaunty '1°`1;"able stanch 1" street
and it shall i 3terseet with Read " I
6. The Planning Dir-eeter- may require other- loeal streets within the projeet to
provide leeal eonneetions to the adjoining pr-opeFt-y to the north afid
south as a eendition of subdivision appy-oval or- plan appr-
7 At the westem (macai) end ofvriiakal°; Drive, the ,,1:""„4 shall pr-ovide
sa et , improvements neeesc. afy to make safe Sition to Read cc
wir'rCtt-mu7=iiiexi''ccn,crc'csrei:vrnrrrrcccr-cv to, rumble strips a
establishing sttper-eleva4ion for the e„«.,°, ° «°a by tT,°
Depaftment of Publie Works.
8. The following road ; „ts shall be . „l°t°'1 b'°F re " eeft;f;
eempletion of any s gl° family home" «-l"^b'°"°'• ^ f:«°t•
"I", „t l east rroi'r !1„°'ac°" Ka'ah, High.,
Read rrcrr the ~ Qcrrr~u-rruma "arrrazr a ~zrerrv d-cr`to
r
the zntel:seetien with the Mid Level Read (Rea "2");
(b) the inter-seetion of th at aeeess read with th-e
Queen Ka'ahumai+u Highway; and
\ T livri the main pr-eJevc
(e) the Mid Level Read (Re "2")
aeeess read to K + Drive, and the Kaiminani
9. The following road improvements shall be seeufed by bond or ot
«°t., "'°°t;.,g w tb, the ° "1 of the Planning ll:'•°"t"" to guarantee
tha4 the improvements will be e plet°`1 within twe (7) year-s after- the
-17-
propert~,, or eompletion of any single family homes, whiehevef eernes
€irs-t:
the remaining portion of Road c`- 1 , inei, ding arty neeessafy
. . pffits to the lower portion of Makalei Drive-,
(b,) Road
(e) Read "5"
10. shall C-ompleteReta "c4" no 1°t°« than six (6` years after th
effective-date of this ordinanee, exeept as may be allowed unde Condition " TT " Applicant shar 11r in ~etion of6 cc "
- -:r're assure the cvixp ct'1
b bond or other "it` aeeepted by the Planning Direeter no late
than the of " eet4ifie to of oeeu aney f « any b,,,il.linn other-
other-
tb,uz the University t the State Dey...a......,...
than rrr .,........_.,,rtm Department of of ..1. E ueation (DOE)
. ~L._,.,~
building, " eating
single family residential loth Gertifie to of eeeup ney for
building, other than the University or DOE building shall not be
issued, and final 1 subdivision approval for any subdivision re ting
single f ;l. residential lots shall of be granted, "t'1 the neeessafy
°c-eix-obtained rrro"'m --any-ociie 1:.::.';..
right of way for Read 'A" has landowner,
W. vAiakalei Drive is a "minor 4'1" an will not be open t~ b.l'
-rc punzic
ttn4il the eolleeter Read 4 is open for- p4lie used
The applicant shall construct the following roads and improvements within
and outside of its property as identified in the Hawaii County General Plan
and the Kona Community Development Plan (CDP) Official Concurrency
Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25,
2008:
-18-
1. University Drive (Road 2 - Kona CDP Map, Figure 4-3) within the
property from the Queen Ka`ahumanu Highway to Makalei Drive:
a. From the Queen Ka`ahumanu Highway intersection to the
proposed Ane Keohokalole Hi hhwwa(Road 6A - Kona CDP
Map, Figure 4-3), University Drive (2) shall consist of an 88-
foot right-of-way with two lanes constructed to County_-
dedicable standards. This roadway shall be dedicated to the
County upon its completion. The section of this roadway from
the Queen Ka`ahumanu Highway to approximately 800 feet
mauka of Kamanu Street (Road 3A - Kona CDP) intersection
with University Drive shall be completed prior to the opening
of the first building constructed on the State land for the
University of Hawaii 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.
The remaining section of this roadway from the Kamanu Street
(3A) to Makalei Drive shall be constructed and dedicated to the
County upon its completion.
b. From the proposed Ane Keohokalole Highway (6A) to Makalei
Drive, the road shall be constructed to County-dedicable
standards as a minor street, except that design standards shall
be varied to permit the connection with Makalei Drive without
encroaching into the lowland Dry Forest Preserve. The
connection with Makalei Drive shall be designed to not
encroach into the Lowland Dry Forest Preserve. The grade
shall not exceed ten (10) percent, except near the connection
with Makalei Drive.
C. At the Queen Ka`ahumanu Highway, the intersection shall be
improved in accordance with one of the following two options:
-19-
1) If a grade separated interchange is available to connect
to Queen Ka'ahumanu Highway when the applicant is
read to construct the lower section of University Drive
(2), 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 (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 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 (2) to Queen
Kaahumanu 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 (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 Hawaii or before a
Certificate of Occupancy is issued for any portion of the
subject property or the completion of any single-familX
residential homes, whichever occurs first.
-20-
2. Kamanu Street (Road 3A - Kona CDP) from University Drive (2) to
Kaiminani Drive:
The applicant shall construct the mauka half-section of a 120-foot wide
right-of-way to County-dedicable standards as a two-lane road. 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. The
intersections at the northern and southern end of this road shall have
illumination. This road shall also be provided with a utility trench
suitable for installation of future 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 shall be completed simultaneous to the opening of the first
building on the State land for the University of Hawaii or before July
31, 2012, whichever occurs first.
3. Ane Keohokalole Highway (Road 6A - Kona CDP):
The portion of Ane Keohokalole Highway 6) within the property
have a right-of-way width of 120 feet. The applicant shall construct a
half-section, two-lane 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 1 - Kona CDP) connecting
Highway 190 with University Drive and the Queen Ka`ahumanu
Highway. The applicant shall construct the intersection of University
Drive and the Ane Keohokalole Highway meeting with the approval of
the Department of Public Works. This roadway shall be dedicated to
the County when the County requires it to connect with Road 1 (Kona
-21-
i
CDP). Ane Keohokalole Highway (6A), which is dead-ended for
future connections, shall have preliminary engineering for technical
feasibility and environmentally cleared for construction, a minimum of
500 feet from the subject property boundary into the adjacent
properties.
4. New Connector Road (Road 1 - Kona CDP)
The right-of-way width of Road 1 within the State lands shall be 120
feet. The section of Road 1 from the State propert t~ghway 190
within the private properties shall have a right-of-way width of 88 feet.
Applicant shall construct Road 1, at its sole expense as a two-lane
County-dedicable collector road, including shoulders and swales. The
final design and maximum grade of Road 1 shall be determined by the
Director of Public Works after consultation with the Planning Director.
The applicant shall continue preparatory work for the design of Road
1, including working with the County of Hawaii to secure the right-of-
way for Road 1 across State of Hawaii lands and providing
information necessary for the County of Hawaii to arrange the right-
of-way privately owned lands. Applicant shall not be required to
install utilities or streetlights, except that streetlights shall be installed
by the applicant at the intersection with Highway 190. The County
shall obtain the necessar right-of-LA ay outside of applicant's propem.
Completion of Road 1 will be secured by bond or other security
meeting the approval of the Planning Director 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 single
family lots.
-22-
The applicant shall complete Road 1 no later than six (6) years after
the entire right-of-way is acquired.
The time extension provisions of Condition RR shall also apply to
Road 1.
5. Kealakaa Street Extension (Road 7 on Kona CDP):
The applicant shall reserve an 88-foot right-of-way for the Kealakaa
Street Extension within its property for future use as a County road.
The applicant shall construct the road to County-dedicable standards as
a minor collector road at its sole expense and dedicate it to the County
of Hawaii when a connection at the southerly boundary of the project
is opened. Kealakaa Street (7), which is dead-ended for future
connections shall have preliminary engineering for technical
feasibility and environmentally cleared for construction, a minimum of
500 feet from the subject property boundary into the adjacent property.
6. At the western (makai) end of Makalei Drive, the applicant shall
provide safety improvements necessary to make a safe transition to
University Drive (2) which may include, but not limited to, rumble
strips and establishing super-elevation for the curve, as required by 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 1 is opened for public use.
[Y-.] W. There shall be no direct access from individual lots to collector streets.
-23-
[Z-. ] X. Construction vehicles shall not utilize the existing section of [Makalei] Makalei
Drive for ingress from Highway 190 to the applicant's Project District or egress
from the applicant's Project District to Highway 190, except for construction
work within Makalei Estates on the water system (wells mains and tanks).
[AA-.] Y. [No . e.. 1 i,,xl :l se Kri.y , gate shall "tw e shull be iirsasrr°~ ll,l within s'rzrc`vvjrct (60) fcc~ of . u v-rz-airy
raVrVVV,.L vV Kiil~ 1VKll and K {.K111K1VK111L gate shall be pr-ovided within the
ate h rVKli Vl read or- NreYeYt , on the eounty read side or the gate.]
Y:I. K
The Kona Community Development Plan discourages gated communities and
cul de sacs. Gates will be prohibited across new roadways identified to service
the local transportation network. Roads shall be designed to connect to
adjoining properties unless construction of a through street is found to be
impracticable. Where cul de sacs or dead end streets are allowed, they shall
meet the prevailing standards in the Chapter 23 Subdivision Code.
[lam] Z. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared
and submitted to the Department of Public Works prior to issuance of any
construction permit. Drainage improvements shall be constructed, meeting
with the approval of the Department of Public Works, prior to issuance of a
certificate of occupancy for any buildings, or final subdivision approval for
any subdivision creating single-family residential lots.
[CC]. AA. 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.
-24-
[DD-.] BB. A wastewater treatment system shall be constructed, meeting the approval
of the State Department of Health and/or Department of Environmental
Management, whichever is applicable. All wastewater shall be treated at
an approved wastewater treatment plant, to a minimum of secondary
treatment, with R-1 effluent, unless a greater level of treatment is required
by the Department of Health. Wastewater shall be used for irrigation of
landscaping or other beneficial reuse to the maximum extent feasible.
Applicant shall comply with HAR 11-62-27, recycled water systems, in its
entirety, and specifically, with HAR 11-62-27(i), as amended or replaced.
[E-E-.] CC. University of Hawaii Condition. Applicant shall provide the following to
relocate the University of Hawaii operations:
1. [Gonneetiv ty wit ] Provide connection of roads and all utilities
into the University of Hawaii 500-acre site for connection to the
first University building. Applicant shall allow the University of
Hawaii to connect with its wastewater and water supply systems.
Applicant shall also allow the University of Hawaii 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 [Read " University Drive (Road section 2A - Kona CDP).
2. Build Applicant's wastewater treatment system to handle the
wastewater from the initial University of Hawaii building and
design the wastewater treatment system to accommodate future
expansion for wastewater from future expansion of the University
of Hawaii operations.
3. Design and construct an initial classroom and administration
-25-
it
building of 20,000 square feet, with associated parking, at
Applicant's expense. If the University of Hawaii 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 [en] 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 of Hawaii at West Hawaii until the necessary
consent and approvals are obtained at comparable lease
rates now being paid by the University of Hawaii until the
20,000 square foot building can be constructed on the State
land at Applicant's expense.
(c,) Applicant shall commence construction of the building, or
assure its construction by a bond or other security accepted
by the Planning Director and the Chancellor of Hawaii
Community College, before the issuance of a certificate of
occupancy for any building, other than the DOE building,
or final subdivision approval for any subdivision creating
single-family residential lots.
Applicant shall complete construction of the University
building no later than two (2) years after the issuance of a
certificate of occupancy for any building, other than the
DOE building, or November 1, 2012, or final subdivision
-26-
approval for any subdivision creating single-family
residential lots, whichever occurs first. The location and
design of the building (interior and exterior) and related
improvements will be on terms determined by the
University of Hawaii. The University of Hawaii shall
consult on design of said building with Applicant.
4. Immediately upon completion of the University of Hawaii
conditions CC. (1), (2), and (3) above, all improvements shall
become the propegy of the University of Hawaii.
[F 4L] DD. Applicant shall enter into an agreement with the DOE, in accordance with
the terms of the State Land Use Decision and Order (Docket No. A03-744)
dated May 19, 2005. If Applicant's agreement with the DOE is later
amended, Applicant shall file a copy of such amendment with the Planning
Department and shall comply with the terms of the amended agreement.
Applicant shall contribute to the DOE an 8,000 square foot building within
the project site to use for a period of twenty (20) years, subject to the
following conditions:
1. No rent or common area maintenance fees will be charged to the
DOE.
2. The building will be used as instructional and office space for the
school complexes located in west Hawaii.
3. The building will meet DOE facility standards, with finished
classrooms, workshops and offices.
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
-27-
multifamily residential 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 of the building and its use is meant to be credited against
any DOE requirements under the State Land Use Decision and
Order.
[C.] EE. 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.
[H44-.] FF. To ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented, the applicant shall comply with the
requirements of Chapter 11, Article 1, Hawaii County Code, relating to
Affordable Housing Policy. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development
prior to receipt of Final Plan Approval and/or Final Subdivision Approval
for any subdivision creating single-family residential lots, whichever
-28-
occurs first. The reduction in minimum lot sizes and the increase in
density permitted by Section 11-8, Hawaii County Code, for affordable
housing built on-site shall not apply to this project district because the
reduction in minimum lot sizes has already been incorporated into the
conditions of this project district zoning, and the limit on residential units
stated is meant to include affordable units built on-site. Applicant shall
satisfy its affordable housing requirements by on-site construction of units,
and not utilize any affordable housing credits generated off-site.
[14-.] GG. 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-.] HH. 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 control as a priority, shall begin no later than six months
after the effective date of this ordinance.
[KK-.] Il. The applicant shall protect all uhiuhi and `aiea trees, and shall use best
efforts to preserve the major stands of wiliwili trees.
[L4--. ] JJ. The applicant shall implement the INCRMP for the cave areas (Exhibit
"E" to the INCRMP).
-29-
[MM-.] KK. 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.
[lam] LL. The Planning Director may approve modifications to the INCRMP
conforming to the general purposes of the INCRMP, after consultation
with the DLNR-DOFAW.
[8G] MM. To ensure that the property will be developed as an integrated project, the
applicant shall establish covenants to all deeds to any parcels, except
parcels to be conveyed to individual residents, that require a master
association to administer the development of the project district in
accordance with the conditions of land use approvals. The covenants shall
give notice that the various parcels are subject to an overall zoning that
requires coordinated development. Until the master association is formed,
the applicant shall be responsible for ongoing duties such as the
management of the Dry Forest Preserve Area and other stewardship duties,
and for contingent project responsibilities. After the formation of the
master association, those responsibilities, except for offsite infrastructure
requirements, shall be transferred to the master association.
[P-P-.] NN. The applicant shall make its fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and
recreation, fire, police, solid waste disposal facilities and roads. The fair
share contribution shall become due and payable on the sale or lease of
residential units subject to such contribution. The fair share contribution
shall have a maximum combined value of [$6,"~~ '-5] $7,383.36 per
multiple family residential unit ([$9,991.201 $11,506.13 per single family
-30-
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. [$3,162.49] $3,642.00 per multiple family residential unit
([$4,817.93] $5,548.46 per single family residential unit) to
the County to support park and recreational improvements
and facilities;
2. [$99.5] $115.11 per multiple family residential unit
([$232.43] $267.66 per single family residential unit) to the
County to support police facilities;
3. [$33046] $354.08 per multiple family residential unit
([$459:06] $528.66 per single family residential unit) to the
County to support fire facilities;
4. [$137.04] $157.81 per multiple family residential unit
([$200:98] $231.45 per single family residential unit) to the
County to support solid waste facilities; and
5. [$2,704.31] $3,114.36 per multiple family residential unit
([$4,280.82] $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 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
-31-
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 "S" above. The fair share
contribution for roads will be satisfied upon completion of the
[Mid Level Read (Read "2"), ea "3, Rea "5" and Read "4"]
University Drive (Road sections 2A, 213, and 2C) Kamanu Street
Extension (Road 3A), Ane Keohokalole Highway (Road 6A),
Kealaka`a Street Extension (Road 7) and Road 1 and their
associated intersections.
[Q~] 00. 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.
[RR-.] PP. Comply with all other applicable County, State and Federal laws, rules,
regulations and requirements.
[&S-.] QQ. An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of the approval of this Project District Ordinance.
The report shall include, but not be limited to, the status of the
development, [ and ] the 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 and approved by tppropriate departments and the
Director acknowledges that further reports are not required.
-32-
[T-T-.] RR. An initial extension of time for the performance of conditions within the
ordinance, [ex ept f 6f the ° year- *;,,..e lifnit ; „a;tio v 1-0-1] may be
granted by the Planning Director upon the following circumstances.
1. The non-performance is the result of conditions that could
not have been foreseen or are beyond the control of the
applicant, successors or assigns, and that are not the result
of their fault or negligence.
2. Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3. Granting of the time extension would not be contrary to the
original reasons for the granting of the Project District.
4. The time extension granted shall be for a period not to
exceed the period originally granted for performance (i.e., a
condition to be performed within one year may be extended
for up to one additional year).
5. If the applicant should require an additional extension of
time, the Planning Department shall submit the applicant's
request to the County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in
a timely fashion, the Planning Director may initiate rezoning of the subject
area to its original or more appropriate designation.
[UU. The Planning The L11 LiV LV Dkeet` r- fm t . extension of the year- six t' limit t
L V V
ea ple e Dead ' W'. in Condition X. 1 0, provided tha4 the, cqurr~ nzcmTOi
Condition 1 1 "TT" are o and, 111 addition, tl,V 11VYY deadline 1 f tl, 1 t' f
vvilKUV Met, and, 11
R6& " ' is not letieof any building,
' -z "xv~r-rr6~ - than - two - (z) y2~S - after- cn the c- cvrrprccxv ineluding single family residential buildings, other than the Univer-sky btfildi
-33-
the DOE building.]"
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.
INTRODUCED BY:
~~
COUNCIL M HER, COUNTY OF HAW AI'I
Hilo, Hawai'i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
~EfERENce. Cotnaai
195.13
-34-
N
w OPEN A-5a A-500a
-5a
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E PEN (0) TO A-5a
PROJ CT DISTRICT PD
1M.861 ACRES
S A-500a
9,071.21 N A-500a
23,751.69 IN A-5a A-1
'AKAHIPUU"A': A-5a A-500a
6, 947.06 N
a OPEN 18,434,23 IN
o "AKAHIPUU".
t,A-5a
OPEN
A-900a
0 'N -
Q 0
A-5a 3
-a
A-5a D
Sa
AGRICULTURAL (A-3a) 5a a
4z TO PROJECT DISTRICT PD H
0 450.343 ACRES
OP A-5a~
m OPEN A-5a o
Q a
w ~ A-5a
Y
a - OPEN A-3a
INOUL
A-
A-5a A-5a
M 3a
A 5a
OPEN .y
a A-5a A a RS-1
3,400 1,700 0 3,400 6,800 10,200 13,600 17,000
Feet
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-3a) AND OPEN (O)
TO PROJECT DISTRICT (PD)
AT KAU, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
FOR REFERENCE ONLY
MK: 7-2-005:001 Date: November 30, 200
CYUIQIT "All :LAIC - -