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COM 0067.000 2012-2014
William P. Kenos Mayor County of Hawai `i Office of the Mayor Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323 -4440 December 14, 2012 Honorable J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 12- 000035) Request: Agricultural to Urban Change of Zone Application (REZ 12- 000157) Request: A -5a to CV -20 Applicant: Hawaiian Riverbend, LLC Tax Map Key: 6- 8- 002:portion 021 VChange of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) Tax Map Key: 6- 8- 002:016 Change of Zone Ordinance No. 07 106 (REZ 655, Docket No. 89- 000009) Applicant: Elwin F. Hussey (Keanahalululu) Request: 5 -Year Time Extension to Condition C (Time to Secure Final Subdivision Approval) Tax Map Key: 5 -9- 007:007 As required by Chapter 7, Sec. 6 -7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above - referenced requests. William P. Kenoi Mayor Enclosures cc: Planning Department < 01i k 2 ` 1 County of Hawaii is an Equal Opportunity Provider and Employer. Comm. No Ref. D : Ref. Date N 0 2. 7111 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 4 BO The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) Tax Map Key: 6 -8- 002:016 The Leeward Planning Commission, at its duly held public hearing on November 15, 2012, recommended for your approval the proposed legislative bill for an amendment to Condition B (final subdivision approval) of Change of Zone Ordinance No. 07 127. The property, referred to as the proposed Waikoloa Highlands Subdivision, is located along the south side of Waikoloa Road and south - southeast of Waikoloa Village, Waikoloa, South Kohala, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests an amendment to Condition B (secure final subdivision approval) of Ordinance No. 07 127, effective September 20, 2007, which required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance, or September 20, 2012. Condition B reads: "Final Subdivision Approval shall be secured within five (5) years from the effective date of this new amendment. Plans for the off -site roadway improvements required in Condition C, shall be submitted no later than six Hawai `i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and /or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted in lieu of the actual construction of required infrastructural improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." The applicant requests that Condition B be amended as follows: "Final Subdivision Approval for not less than 50 lots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision Approval for the entire project shall be secured within ten (10) years of this new amendment." 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 are not the result of their fault or negligence. The applicant states that due to current market conditions, the proposed subdivision cannot be completed in the 5 year period (until September 20, 2012) as stipulated in Ordinance No. 07 127. The project is proposed to be developed in a minimum of eight (8) increments, with 50 lots proposed within five (5) years of this amendment, with a 10 -year completion date for the entire project. Since acquiring the property in 2005, the applicant has shown substantial progress towards the completion of the project, including the completion of an Environmental Impact Statement, and the approval of a petition for a State Land Use Boundary Amendment to the Rural district as required under Condition J of Ordinance 07 127. The required construction plans for the roundabout intersection have been submitted to the Department of Public Works. The plans have not yet been approved, as final subdivision approval is still pending. Tentative subdivision approval was granted on April 5, 2007, The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 and by letter dated September 23, 2009, a two -year extension of time was granted for the filing of the final plat map. Subsequently, an additional four -year time extension to April 5, 2014 was granted to file the final plat map. Thus, the applicant has made a good faith effort in complying with conditions of Ordinance No. 07 127. Granting of the time extension would not be contrary to the General Plan or Zoning Code. When the original ordinance was approved in 1990, the project area was designated Extensive Agricultural under the 1989 General Plan LUPAG Map. The area was rezoned to Residential Agricultural 1 -acre (RA-1a) and Open to allow for the development of the Highlands Golf Estates, consisting of approximately 400 one -acre lots and a golf course. The plans for the golf course have been abandoned over community concerns. The 2005 General Plan designates the area as Rural and Open, reflecting the approved zoning. Therefore, the request would not be contrary to the changes within the 2005 General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawai`i (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area is "E ", or "Very Poor." From a land use perspective, it is a reasonable alternative to create a residential - agricultural subdivision on these non - productive lands within close proximity to Waikoloa Village. While the requested amendment to Condition B also includes the deletion of language tied into the submittal of plans for off-site roadway improvements and its phased implementation, the required off -site improvements to Waikoloa Road and its intersections with the subdivision access roads are still required as detailed within Condition C. The Department of Public Works expressed concern regarding the option of bonding the required off -site and intersection improvements to Waikoloa Road as required by Condition C to avoid potential conflicts with new lot owners attempting to occupy their homes. The requested amendment to Condition B eliminates the restriction that occupancy of homes be restricted until these off -site roadway improvements are complete. We support this amendment since it offers a reasonable option to the applicant that is afforded to any other subdivider to coordinate the construction of infrastructural improvements while accommodating the option of lot sales. Subdivision agreements and its associated surety are typically limited to a period of no more than a year since the intent of subdivision bonding is to allow for a reasonable deferral of subdivision improvements to accommodate advance lot sales. These subdivision agreements are not The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 meant to delay the installation of infrastructural improvements beyond that period where demand for these services are realized once lots are sold. But the sales of lots and the construction of homes all take time, typically much more than the one year time period normally offered under a subdivision agreement. Other concerns from DPW regarding future road widening or additional right -of -way have also been incorporated as recommended changes to Condition C. Specifically to a recommendation from DPW that roadway improvements within the subdivision leading up to and along Waikoloa Road include "complete street" multi - modal connectivity as recommended by the South Kohala Community Development Plan, we believe that this consideration should be applied to this project as a condition to be made a part of this favorable recommendation. Note that the applicant has expressed no objection to such a requirement. Based on the discussion above, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Condition B with the following changes to Ordinance No. 07 127. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. For your favorable consideration, an amendment to Ordinance No. 07 127 is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Powerpoint presentation, and a transcript of the hearing for your information. Sincerely, Y14,frta.a..-„e> , Geraldine Giffin, Chairman Leeward Planning Commission Lwaikoloamaukalpc2 Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply DOT - Highways, Honolulu William Brilhante, Esq., Corporation Counsel Planning Department - Kona B WaikMaukaAmc dbRBZ.doc- 10/30/l2 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAIKOLOA MAUKA, LLC AMENDMENT TO CONDITION B CHANGE OF ZONE ORDINANCE NO. 07127 (REZ 678) WAIKOLOA MAUKA, LLC requests an amendment to Condition B (Final Subdivision Approval) of Change of Zone Ordinance No. 07 127. The property, referred to as the proposed Waikoloa Highlands Subdivision, is located along the south side of Waikoloa Road and south - southeast of Waikoloa Village, Waikoloa, South Kohala, Hawaii, TMK: 6 -8 -2: 16. PROPOSED ACTION 1. Request: Amendment to Condition B (secure final subdivision approval) of Ordinance No. 07 127, effective September 20, 2007, which required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance, or September 20, 2012. Condition B reads: • "Final Subdivision Approval shall be secured within five (5) years from the effective date of this new amendment. Plans for the off -site roadway improvements required in Condition C, shall be submitted no later than six months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted in lieu of the actual construction of required Attachment to: Ccrrm. 67 Bill 21 infrastructural improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." The applicant requests that Condition B be amended as follows: • "Final Subdivision Approval for not less than 50 lots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision Approval for the entire project shall be secured within ten (10) years of this new amendment." (Exhibit 1- August 27, 2012 letter and attachments) 2. Reasons for Request: The applicant states that due to current market conditions, the proposed subdivision could not be completed in the 5 -year period (until September 20, 2012) as stipulated in Ordinance No. 07 127. The project is proposed to be developed in a minimum of eight (8) increments, with 50 lots proposed within five (5) years of this amendment, with a 10 -year completion date for the entire project. BACKGROUND INFORMATION 3. December 27, 1990: Effective date of Ordinance No. 90 160, which amended the district classification of approximately 761 acres from Unplanned (U) and Multiple Family Residential -1,500 square feet (RM -1.5) to a Residential and Agricultural -1 acre (RA -la) and Open (0) zoned districts to allow the development of the Highlands Golf Estates consisting of approximately 286 one to two -acre lots to be integrated within an 18 -hole golf course with clubhouse facilities. Future development included an additional 114 lots for a total of 400 lots. 4. March 21, 1995: Effective date of Ordinance No. 95 51, which amended Conditions B and C of Ordinance No. 90 160. The amendments required Final Subdivision Approval for not less than 175 lots to be secured within a five (5) year period and the construction of channelized improvements at the intersection of Waikoloa Road and Pua Melia Street/Paniolo Avenue before June 30, 1996, as well as the construction of traffic signalization improvements when the number of lots exceeded 350 or as may be required by the Department of Public Works. -2- 5. May 9, 2000: Administrative time extension to March, 21, 2005 granted by Planning Director to secure final Subdivision approval. 6. December 15, 2005: Effective date of Ordinance No. 05 157, which amended Condition B requiring Final Subdivision Approval to be secured within a period of 10 years or December 15, 2015. Condition H of the ordinance required the applicant to seek a change in designation to the Urban or Rural district from the State Land Use Commission (LUC). On June 10, 2008, the petition to amend the state land use boundary to the Rural district was approved by the LUC. 7. September 20, 2007: Effective date of Ordinance No. 07 127, which amended Condition B requiring Final Subdivision Approval to be secured within five (5) years from the new amendment, or September 20, 2012. Condition C required the construction of a roundabout at the intersection of Waikoloa Road and Pua Melia Street instead of the signalized intersection as originally proposed. AGENCIES' AND ORGANIZATIONS'COMMENTS 8. Department of Public Works: P.D. Exhibit 2 - September 21, 2012 memo 9. Department of Water Supply: P.D. Exhibit 3 - September 25, 2012 memo 10. Police Department: P.D. Exhibit 4 - September 14, 2012 memo 11. Fire Department: P.D. Exhibit 5 - September 17, 3012 memo 12. Department of Environmental Management: P.D. Exhibit 6 - August 27, 2012 memos 13. Department of Health: P.D. Exhibit 7 - August 30, 2012 memo 14. Department of Transportation: P.D. Exhibit 8 - October 22, 2012 memo 15. South Kohala Traffic Safety Committee: P.D. Exhibit 9 - September 19, 2012 letter AGENCIES AND ORGANIZATIONS - NO RESPONSE 16. Department of Parks and Recreation, Office of Housing and Community Development, , Waikoloa Village Association APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 17. Exhibit 10 - October 12, 2012 and October 31, 2012 letter PUBLIC COMMENTS 18. None as of this writing. -3- TIME EXTENSION REQUEST AMENDMENT TO CONDITION B, ORDINANCE NO. 07 127 WAIKOLOA MAUKA, LLC WAIKOLOA, SOUTH KOHALA, HAWAII, TMK: 6 -8 -002: 016 I. BACKGROUND In 1990, the former owners of the subject property, Waikoloa Development Company, requested and received rezoning approval (Ordinance No. 90 160) for approximately 761 acres of land from Unplanned (U) and Multiple - family Residential (RM -1.5) to Residential - Agriculture (RA-1a) and Open (0). This action allowed the development of a golf course residential subdivision consisting of 398 1 -acre sized lots. The approval was subject to a number of conditions, including development timetable. In 1995, conditions B and C of Ordinance No. 90 160 were amended. The amendments (Ordinance No. 95 51) required that final subdivision approval of no less than 175 Tots be secured within a 5 -year period. It further required the construction of channelized improvements at the intersection of Waikoloa Road and Pua Melia Street/Paniolo Avenue before June 30, 1996, as well as the construction of traffic signalization improvements when the number of lots exceeded 350 or as may be required by the Department of Public Works. Pursuant to the above ordinance and its amendment, tentative subdivision approval was initially granted in 1993 and subsequently amended on March 3, 1994. The channelization improvements were completed in 1996. As allowed by the rezoning ordinance, an administrative time extension was granted by the Planning Director on May 9, 2000 to secure final subdivision approval. This extension was to March 21, 2005. On January 5, 2005, the former owner requested an amendment to Condition B of Ordinance No. 95 51 which would allow final subdivision approval to be secured before March 21, 2015. During the time the request was being considered by the County Council, Waikoloa Mauka, LLC ( "applicant') purchased the subject property on or about September 2005. The Council subsequently approved the request but added more conditions. One of these conditions required the affected area be reclassified into the State Land Use Rural district before final subdivision approval could be secured. A copy of this Ordinance No. 05 157 is found in Exhibit A. The applicant then proceeded to prepare an Environmental Impact Statement and submitted its request to reclassify the site into the State Planning Dept. Exhibit / Land Use Rural District. This request was ultimately approved by the State Land Use Commission on June 10, 2008. While the reclassification request was being considered, the applicant requested further amendments to Ordinance No. 05 157 relating to the nature of the traffic improvements at the intersection of Waikoloa Road and Pua Melia Street/Paniolo Drive and allowing another access to the subject project. Relative to the intersectional improvements, at the request of the councilmember and a number of residents of the Waikoloa community, the applicant requested that the improvements be changed from a traffic signal to a roundabout system. Although the requests were approved and became effective on September 28, 2007, additional conditions were imposed. One of these required securing final subdivision approval within five (5) from the effective date of the amendment with no allowance for an administrative time extension and not ten (10) years or March 2015 deadline as originally allowed by the former ordinance. A copy of this ordinance (Ordinance No. 07 127) is found in Exhibit B. 11. NATURE OF REQUEST Given current market conditions and projected absorption rate, it does not appear feasible to have the entire proposed subdivision completed within a 5 -year period. It has and continues to be the applicant's plan to develop the project in at least eight (8) increments. Accordingly, the applicant requests a five year extension to complete the first increment consisting of a minimum of 50 Tots within five years of the effective date of this amendment, with a 10 -year completion date of the entire project. As such, the suggested language to Condition B could read as follows: "Final Subdivision approval for not less than 50 lots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision approval for the entire project shall be secured within ten (10) years of this new amendment." 11I. PROJECT LOCATION The subject area, consisting of 731.579 acre's, is located on the south side of Waikoloa Road near its intersection with Paniolo Avenue. The Waikoloa Stables is located directly across and north of the subject site. (Figure 1) 2 WaikoIca Highlands Final Environmental Impact State men Chapter 1 Introduction FIGURE 1 PRO. ECT LOCATION IV. GENERAL PERMITTING BACKGROUND AND REZONING CONDITIONS As noted earlier and found in Exhibit B, the subject area was the subject of a rezoning amendment (Ord. No. 07 127) which became effective on September 28, 2007. The amendment was approved with a number of conditions. This section will initially cover the status of the various conditions of the rezoning ordinance. A. The applicant, successors or assigns, shall be responsible for complying with all of the stated conditions of approval. The current owner, Waikoloa Mauka, LLC, intends to assume the responsibility of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Final Subdivision Approval shall be secured within five (5) years from the effective date of this new amendment. Plans for the off -site roadway improvements required in Condition C shall be submitted no later than six months from the effective date of this new amendment. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and /or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted in lieu of the actual construction of required infrastructure improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County. That portion relating to time performance is what the applicant is proposing to amend. On or about March 17, 2008 and within the required six (6) month window, the required construction plans for the roundabout intersection were submitted to the Department of Public Works. A copy of this transmittal is attached as Exhibit C. The plans have not been approved as of this date, and no improvements have been made. The required improvements were tied in to receipt of final subdivision 3 approval, and because final approval has been pending, the improvements have not been made or bonded. The applicant intends to fulfill this requirement in conjunction with receipt of final subdivision approval of the first increment. For your added information, tentative subdivision approval was granted on April 5, 2007. In a letter, dated September 23, 2009, a 2 -year extension was granted for filing of the final plat map. The applicant has since requested an additional 4 -year time extension to April 5, 2014 to submit the final plat map. This request is pending, as it is now subject to further agency review. C. Access shall meet with the requirements of the Department of Public Works. Direct access to Waikoloa Road shall be limited to two roadways from the project site. These accesses shall be fully channelized with dedicated left and right turn deceleration and acceleration lanes on Waikoloa Road. Waikoloa Road -Pua Melia Street- Paniolo Avenue intersection shall be channelized and improved by a "roundabout" system meeting with the requirements of the Department of Public Works. The first channelized intersection improvements on Waikoloa Road together with other improvements required by the Department of Public Works based upon a current Traffic Impact Analysis Report shall be provided in conjunction with final subdivision approval of the first increment, or as otherwise provided by Chapter 23 (Subdivisions). The second channelized intersection improvements on Waikoloa Road shall be provided prior to or in conjunction with the opening and use of the project's second access. Although the plans were revised to accommodate this additional access change, they were not submitted, as the applicant was waiting the outcome of the then pending State Land Use Commission's action on its Rural designation request. Now that that has been addressed, the applicant intends to submit the revised map as noted in Figure 2. D. 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, 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 final subdivision approval. This matter is still being worked upon by the applicant. Preliminarily, the applicant may satisfy this by building the required homes on 4 001017 .1020 WAIKOLOA DEVELOPMENT (FILE PLAN 1172) Lot 7 .0a 1. tle .00 ,' • 1\\..---- 402 ,... Vot\ ,,-."--) ,,) ( 1 's ,......,..‘ 907.67.5 0 e . . .„ -.. . , i --r-,/:i,- \ - . .- %V... •I l N , --s, \\ ----, .......; ..., \ omit .0.1.1-2, ba M. SI-711111 223 LOT 2-B-1 1,731,721 ACRES 1.109 Ac. Lot 3-A .00 .0.00 1 ...I bny T14.4. toYA .41 a... es. PRELIMINARY SUBDIVISION OF LOT 2-B !MG A PORTION OF WT 2 OF "WAIKOLOA DEVELOPMENT' (FILE PLAN 1172), SAME BEING ALSO A PORTION OF ROYAL PATENT 5671, LAND COMMISSION AWARD 8521-8, . APANA 1 TO G. D. NUM INTO PHASE I - LOTS 1 TO 149, INCLUSIVE AND ROADWAY LOT R-1; PHASE 11 - LOTS 150 TO 398, INCLUSIVE AND ROADWAY LOT R-2; LOTS 399 TO 404, INCLUSIVE; AND LOT 2-8-1 Al Wolkoloo, South Xolmk, blond of 11a*,39, Howe Twr Nap Kir Ord 1963ort) 6-8-02:19 Ornor; 11701L Corpo;tion Maar 120 Aspen Oak Lana Ok9dale, 04 91207 R.14. TO CrORATIOY • 010101.1 01100.10 500000 60220411 Ot 4779 eyhol. 4/20/oe properties it currently owns along Pua Melia Street. This will be complied with prior to receipt of final subdivision approval. E. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies. This applicant will comply with and address this requirement in conjunction with the development of the subdivision. F. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of final subdivision approval. This will be complied with by the applicant. G. A water system meeting with the approval of the Department of Water Supply shall be provided or bonded prior to issuance of final subdivision approval At no cost to the County, the water system shall include the construction of on and off -site water reservoir(s), appropriate transmission system to and within the subject site, and other related appurtenances. Said system shall also include provision(s), such as a separate irrigation meter or system throughout the subdivision, to monitor and control excessive use of potable water for irrigation. This applicant will comply with and address this requirement in conjunction with the development of the subdivision. H. Comply with all applicable County, State and Federal laws, rules, regulations and requirements. This is an on-going requirement and will be complied with by the applicant. I. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each 1 -acre lot...A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval...." This applicant will comply with this requirement in conjunction with the subdivision approval process. 5 J. Before final subdivision approval, applicant must obtain reclassification of the RA -la zoned area from the State Land Use Commission to the Rural or Urban district. Prior to the submittal of plans for a grading or any associated permit for a golf course to the County for review and approval, the applicant shall consult with the Waikoloa Village Association and the County Council relative to the timing and propriety of such use...." The subject site was reclassified into the Rural District on June 10, 2008. The applicant, at this time, has no plans to develop a golf course within the subject area. If it does, it will comply with the consultation requirement. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the project... . The applicant will comply with this requirement, and understands that the actual amount would be subject to the prevailing consumer price index and the ultimate number of Tots. This will be paid prior to receipt of final subdivision approval. It should be noted that the applicant has been working with the community and the area councilmember to provide a 10+ acre site within a 30+ acre parcel below the Waikoloa Stables for a community park/center as a means to address the recreational portion of the fair share obligation. This is proposed to be accomplished in conjunction with a commercial rezoning of a 14+ acre portion of the property. That rezoning request is still pending. L. Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. At this point in time, this is not applicable, as such an ordinance has not been passed as of this date. However, should one be applicable to the project, the applicant will comply. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone.... Although no reports were filed since adoption of this ordinance, the applicant respectfully requests your de facto acceptance of this discussion in compliance with this requirement. 6 N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. With the exception of the submittal of the annual report, all of the conditions have been complied with. However, because it will not be able to fulfill completion of the subdivision within the allotted period, the applicant is requesting an extension. IV. JUSTIFICATIONS OF REQUEST Usually, a rezoning ordinance contains a provision that would enable an initial administrative time extension. In consideration of such an extension, the request must address three (3) guidelines or criteria. Although the subject rezoning ordinance did not have such a provision, this time extension request will use the same guidelines or criteria. A. 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. Waikoloa Mauka, LLC, acquired the subject property in 2005 after the basic zoning and time performance conditions were imposed. Nonetheless, it has met with all applicable time requirements (such as the reclassification of the property into the State Land Use Rural and completion of the roundabout intersection plans) and has all intentions to continue fulfilling all applicable conditions of the zone change and tentative subdivision approval. While the applicant cannot speak directly to the progress or lack thereof of the former owner, it can speak to its activities since 2005. It proceeded aggressively to have an Environmental Impact Statement ( "EIS ") completed and then filed and successfully processed a State Land Use Boundary amendment -- as required by the rezoning condition of the subject property into the Rural district. It also completed the mandated roundabout intersection construction plans within the required 6 -month period. Regrettably, because of the global economic meltdown and the financial crisis, securing the required financing to complete the project became a major problem. Much of the attention has thus been directed towards doing the appropriate financial pro forma, exploring sources of construction financing, and securing the appropriate land use entitlements, such as this time extension request. Understandably, this recession was clearly something that was not within the control of the applicant and certainly not one that the applicant and so many others anticipated. This financial crisis was something that neither the former owner nor the applicant anticipated. Although there are signs that the economy may be bottoming out, it does not appear to be in the near term. The applicant is, nevertheless, hopeful that the global fiscal crisis will improve soon and that market conditions will then turn north within the next five (5) years to enable the completion and sale of the initial phase of 50 Tots. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, the only significant land use regulatory change was adoption of the South Kohala Community Development Plan ( "CDP "). As such, this discussion also includes the project's relationship to the CDP. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide ( "LUPAG ") Map that defines the subject property and its immediately surrounding area Rural and Open. The current designations on the LUPAG map are the same as when the subject property was initially zoned RA -1a. The Rural designation refers to properties within the State Land use Agricultural or Rural districts that "have a significant residential component. Typical lots sizes vary from 9,000 square feet to two acres...." The Open refers to parks and other recreational areas, historic sites, and open shoreline areas. The proposed family - agricultural subdivision would be consistent with those designations. The site of the proposed (former) golf course is within the Open area. As such, no General Plan amendment would be required to effectuate this project. The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer -term opportunities would be created largely in the form of potential small -scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. 8 The project intends to be energy conscious through the use and /or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems — more than likely an individual septic system - would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. As part of the existing rezoning condition, a solid waste management plan will be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations. Any noise - generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. In conjunction with the EIS, a number of technical studies were prepared. Relative to historic sites, it was concluded that there would be no impacts to the area's archaeological or cultural features. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and /or County have been received. As the FA -la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating house lots. Further, the affordable housing requirement will mandate the construction or provision of affordable housing within or proximate to the project. 9 The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is more than 5 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be rninimized. There will be marginal impact to public facilities. The wastewater system will be private. The private water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site will be improved with a channelized intersection complete with dedicated left turn lanes. Further, as part of the projects rezoning requirement, improvements to the Waikoloa Road /Paniolo Avenue intersection will be made. It should also be noted that an updated Traffic Impact Analysis Report ( "TIAR ") was prepared and found in its entirety in Exhibit D. The report concluded that with the impending completion of the intersection at Waikoloa Road and Paniolo Drive, the Level of Service will still operate at "B" upon buildout. Additionally, through the project's fair share requirement, the applicant is proposing to set aside 10+ acres of and proximate to Waikoloa Village for use as a community center /park. Schools and other public facilities — such as a fire station - are also located proximate to the site, most of them being less than 1 mile away. Finally, in terms of the Land Use and Agricultural elements, the soil of the site is classified "E" or very poor by the Land Study Bureau. It is not designated "Prime" and "Unclassified" on the State of Agricultural Lands of Importance to the State of Hawaii ( "ALISH ") map. As such, although there is no active agricultural use on the property, now, it has the potential. This request could thus encourage a little more intensive agricultural activities on the site. This lot size would be conducive to limited domestic or family type of agricultural activities. It would also be generally compatible with the surrounding area. There are residential lots and multiple- family residential units generally makai of the subject site in Waikoloa Village. There are CV -10 zoning west of the subject property and RS -10 zoning about a quarter of mile to the north in Waikoloa Village. The project's FA-la zoning would 10 thus provide an orderly transition to the larger lots further east and south of the subject property_ The property has no severe topographic or geologic problems that would render the land _unusable for the proposed subdivision and activity. Given the above, the project would fulfill the following pertinent goals, policies, and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non - agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural -style residential - agricultural developments, such as new small -scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Orchard and Low Density Urban Development designations of the LUPAG map. Relative to the South Kohala CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states 11 that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "if there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the South Kohala CDP was developed and adopted by the County Council during the latter part of the year 2008 as Ordinance No. 2008 159. Relative to the Waikoloa Village Plan portion of the CDP, the subject site is acknowledged as a 398 -lot rural subdivision on the "Conceptual Plan ". The CDP also identified several land use policies and strategies to implement these policies for Waikoloa Village. These and their relationship to the requested rezoning time extension request are discussed below. Policy 1: Provide infrastructure and facilities for a growing community. • Plan, fund, and construct a community center and community park As noted earlier, the applicant has been working with the community in setting aside 10+ acres of land for a community center and park in an area identified on the conceptual land use plan. This will be, subject to the commercial rezoning of an adjoining parcel, be set aside to the county to satisfy the applicant's recreational fair share obligation. • Plan, fund, and construct needed public schools: elementary, middle, high Should there be a uniform assessment to address this requirement, the applicant will comply. • Plan, fund, and construct a community library Again, this is a need that transcends one applicant's ability to implement. As such, if there is a uniform assessment program to address this need, the applicant will comply. 12 • Develop a major commercial center for Waikoloa Village with shops, stores, and small business opportunities This is a rural residential project, and as such, this strategy is not directly applicable. • Manage and Expand the Potable Water System The water system in this area is private. With the completion of the required water system improvements by the applicant, which will include the provision of additional water reservoirs and possibly a new source, the project should help — perhaps in a small way— address this issue. • Manage and upgrade the wastewater treatment and disposal system The system is private in this area. The project will have no impact to this system. • Provide more emergency facilities Through the provision of the fair share requirement, the project will address its impact to fire and police services. Policy 2: Environmental Stewardship, Sense of Place, Open Space • Support Projects and Programs for Environmental Restoration and Alternative Energy This policy is not directly applicable. • Preserve Waikoloa's Scenic Views, Landscapes, and Pu'u • The project will have no significant visual impact on the existing pu'u in this area. The dwellings will be less than thirty (30) feet tall and the pu'u are situated considerably beyond the eastern boundary of the subject site. Policy 3: Provide Transportation and Circulation improvements in a Timely Manner • Plan, Fund, and construct a Second access Road to Queen Ka'ahumanu Highway • Fund and Construct the Paniolo Avenue Extension 13 • Upgrade the Emergency Access Road from Hulu Street to Queen Ka'ahumanu Highway • Plan, Fund, and Construct Walkways and Bikeways • Develop a Master Circulation Plan for Waikoloa Village • Implement Traffic Safety improvements along Waikoloa Road The applicant is not in a position to do these broader, regional improvements. However, as noted earlier, it is obligated to make improvements to the intersection of Waikoloa Road and Paniolo Drive, which will result in significant benefits for the community, pending completion of those other improvements. Policy 4: Encourage Affordable Housing and Smart Growth • Like the above, Strategies 4.1 (County's Kamakoa workforce housing), 4.2 (Development of Industrial Land), 4.3 (Preservation of Open Space), 4.4 (Code revisions) and 4.5 (defer undeveloped properties - not including the subject land) do not apply. D. Zoning and Subdivision The designated zoning of the site is RA -.5. Should the extension request be approved and the land subdivided, it will result in the creation of 398+ lots. These lots will directly and indirectly make more housing and small - scaled agricultural opportunities available. If approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The general reasons for the Planning Commission's initial favorable recommendation, as outlined in its transmittal letter of June 6, 2007, 1995, to the County Council, should still applicable. (Exhibit E) The reasons, in summary, and their relationship to the present, included: 14 • Consistency with the General Plan LUPAG map of Rural and Open. • Consistency with the General Plan goals, policies, and standards. • Appropriate infrastructure such as water, wastewater, and access are available and, if not, can be made by the applicant with appropriate mitigation. • The project would also contribute to a diverse socio- economic housing mix within the region. Thus, the request would also complement the following goals and policies articulated in the Housing Element of the General Plan. • The site does not have any resource issues, such as archaeological, drainage, botanical, or avifaunal. As noted earlier, an archaeological field inspection was done and concluded that there was no significant or remaining archaeological resources on the site. The site is also within Zone X of the FIRM map. It is thus maintained that the reasons used to support the existing rezoning also apply to the requested time extension. As such, the applicant respectfully requests your favorable consideration of this time extension request. 15 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 89 Draft 3 ORDINANCE NO. Os 157 AN ORDNANCE AMENDING ORDINANCE NO. 95 51 AMENDING ORDINANCE NO.-90-160, WHICH RECLASSIFIED LANDS FROM AN UNPLANNED (U). AND MULTIPLE FAMILY RESIDENTIAL (RM-1,5) TO OPEN (0) AND RESIDENTIAL4GRICULTURAL (RA-1a) AT WAIKOLOA, SOUTH KOHALA, HAWAI`1, . . - - • r • COVE D BY TAX MAP KEY 6:8-02:PORTION OF 16 AND 6-8-03:PORTION OF 32. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 95 51 is amended as follows: trIliON 3. This change in district classification is conditioned upon the following. 'fliApplicant, successors or its assigns shall he responsible for complying with all of the stated conditions of approval; BY Vitirai subdivision approval for not less than 175 lots shall be secured within [five (5)] ten (10) years from the effective date of this new amendment. Plans for 'PiYiti6Stru ctural improvernents, including off-site roadway improvements required 1 " COndition C, shall be submitted in conjunction with construction drawings for subdivision approval for any portion of the subject property: [Prior to June •Pr • requirements of the Department of Public Works, shall be completed and :dedeated to the, county. In addition, t]The applicant shall install and dedicate the .,• - traffic signalization improvements required in Condition C prior to the Final Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in the event the warrants for such installation arc justified by the [ehief engineeddirector of public works. In lieu of actual construction of infrastructural EXHIBIT A improvements required herein, - except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety. or other security deemed acceptable to the Planning-Director and the Corporation Counsel. Upon execution of such agreement andlor filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements. , , , .�;, •...•, ,: -, Access shall meet with the requir'etn:erit sit'lth lerartinenfcif:Piiblic.Works. Direct access to'Waikoloa;Road shall'b .;l n ted,to cin .foaadway -from the project. site. Waikoloa Road-Pia Melia S xi.eet P didia_;Averiiii xtiife secfiori shall.be channelized and signalized meeting with.thc: requirements; of the•Departrnent of Public Works. These improvements together with other improvements required by the Department of Publi'e.Works Based upori`a curreitt'Trffie Impact Analysis. Report [dated Deceniberi 989] sliall'be'pr`ovi e •Cprror #o the ©pemrigdf the golf • reuse --er] in conjunction with fnal's iVidNiisi'o approval of the •first-mcrernent, [whichever occurs first,] or as otherwfs e '04iiiiw'`ii``C-'Kaptier•2`3 `(Subdivision Control): To ensure that the goals and policies= of- the'Ho'using Element of the General Plan • ,. . .: -,,.! ..�.7 <::•::L;`'f'i:.i ia^!r.:�f +7:J :�•Fi:•� il. :, 'I.i+. i:5.: are implemented, the applicarit'shall�•cot�ly Walt t]e requzrerrients 6fChapter.11. .,,f n,tfr. '�S'ti J}, .Y-: `,'.1�t SS'i�7* q:.';;':.. i .. Article 1, Hawaii County Code relatili +t'b �.ffoxclable •1-lousing'Polzcy_' This requirement shall be approved `y•the l r'County'ousini ;4geti0 prior to final subdivision approval. [ E. • A drainage system shall be installed'in ac&ifdance with the requirements of the Department of Public Works'arid other affected agencies; F. Comply with all applicable County, State and Federal laws, rules, regulations and requirements {, G. [ for the imposition of exactions or the assessment of impact fees; conditions . required; • The non performance is the result of conditions that could nat;hµ :. °he fo es ,. the result of their fault or negligence; 1. Granting of the time extension would not be contra or Zoning Code; V VI Council for appropriate action. Further.] Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each 1 -acre lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planing Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be-filed with the Planning Department upon its receipt from the Bureau of Conveyances; H. Before final subdivision approval, applicant must obtain reclassification of the RA -la zoned area from the State Land Use Commission to the Rural or Urban district. Prior to the submittal ofplans.for a grading or any associated permit for a golf course to the County for review and approval, the applicant shall consult with the Waikoloa Village Association and the County Council relative to the timing and propriety of such a use. This condition, except for.the consultation requirement for any golf course, may be waived by the Planning Director, after consultation with Corporation Counsel, if an appellate judicial decision, or substantive change to Chapter 205, Hawaii Revised Statutes, clearly establishes the 1eYalit of this •ra cct in the A_ricultural State Land Use district includin Y the residential uses of the lots; 1. The applicant shall make its fair share contribution to mitigate the potential re7ional im.acts of the ro se with respect to .arks and recreation fire olice solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone.ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as -4- determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $9,991.21 per single - family residential unit, Based upon the applicant's representation of intent to develop a total of one hundred and seventy five (175) single - family residential units, the indicated total of fair share contribution is $1,748,461.75 for the single- family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single. - family residential unit shall be allocated as follows: $4,817.93 per single - family residential unit for one hundred and seventy five (175) single - family residential units for an indicated total of $843,137.75 to the County to support park and recreational improvements and facilities; $232.42 per single - family residential unit for the one hundred and seventy five (175) single- family residential units for an indicated total of $40,673.50 to the County to support police facilities; $459.06 per single- family residential unit for one hundred and seventy five (175) single- family residential units for an indicated total of $80,335.50 to the County to support fire facilities; $200.98 per single-family residential unit for the one hundred and seventy five (I 75) single - family residential units for an indicated total of $35,171.50 to the County to support solid waste facilities; $4,280.82 per single- family residential unit for the one hundred and seventy five (175) single - family residential units for an indicated total of $749,143.50 to the County to support road and traffic improvements; -5- In lieu of paying the fair share contribution, the applicant may contribute land and /or construct improvements /facilities related to parks and recreation, fret police, solid waste disposal facilities and roads 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; J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified impact Fees Ordinance; K. An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; Should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be deleted is bracketed and material to be added 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. BER, CO OF flA "�VAI`I INTRODUCED COUNCIL M "ER, COUNTY i HAWAI`I Kona , Hawai`i Date of Introduction: November 22, 2005 Date of I st Reading: Novem -b er 22 , 20'05 Date of 2nd Reading: December 7 , 2005 Effective Date: December 15, 2005 REFERENCE: Comm. 230.9 -7- Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawaii (Draft 3) Pete Hoffmann /K.Angel Pilago November 22, 2005 November 22, 2005 December 4, 2005 Second Reading: December 7, 2005 'lo Mayor: December 9, 2005 Returned: December. 15, 2005 1fhccthe: . December 15, 2005 Published: December 22, 2005 REMARKS': • ' •ROLUCAL.IVOTE AYES NOES ABS EX Arakaki X Higa X • Hoffmann X Holschuh X Ikeda X Isbell X Jacobson • X Pilago X Safarik X 8 1 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki X Higa X Hoffinann X Holschuh • X Ikeda X Isbell X Jacobson X Pi!ago X Safarik X 8 1 0 0 1 1.)O HEREBY ('ERTIFY that the f regoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FOR(VA AND LEGALITY: , i ' ,1\3 - 1rf� DEPUI Y CORPORATION JNSEL COUNTY OF H41wAI'I Date • cf. Disapproved this i day COUNCIL CHA COUNTY CLERK Bill No.: Reference: Ord No.: 89 (Draft 3) C- 230.9/PC -44 Ds 1_57 COUNTY OF HAWAII BILL NO. 113 ORDINANCE NO. 07 127 (DRAFT 3 ) AN ORDINANCE AMENDING ORDINANCE NO. [05457] 05 -157, WHICH AMENDED ORDINANCE NO. [95 51] 95 -51, WHICH AMENDED ORDINANCE NO. 90-160, AND WHICH RECLASSIFIED LANDS FROM AGRICULTURAL 5 -ACRE (FORMERLY UNPLANNED) AND MULTIPLE FAMILY RESIDENTIAL 1,500 SQUARE FEET (RM -1.5) TO RESIDENTIAL AND AGRICULTURAL 1 ACRE (RA -la) AND OPEN (0) DISTRICTS AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6- 8- 002:PORTION 016 AND 6.8- 003:PORTION 032. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION L Ordinance No. [05 157] 05 -157 is amended as follows: "SECTION 3. [ _ In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: c14 . • Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or 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 its assigns shall be responsible for complying with all of the stated conditions of approval; B. Final Subdivision Approval [for not less than 175 lots] shall be secured within [ten (10)] five _(5) years from the effective date of this new amendment. Plans for [ ] the off -site roadway improvements required in Condition C, shall be submitted [ EXHIBIT B z•_ later than six months [after a determination of the type of improvements (i.e., • Works] from the effective date of this new amendment. The applicant shall install and dedicate the [traffic signalization] intersectional improvements required in Condition C prior to [the] receipt of Final Subdivision Approval [fermi • - ,] or sooner in the event the warrants for such • installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, [except for Condition C,] the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deerned;aeceptable to the:Planning Director andthe` Corporation Counsel. • Upon execution 'a agreement and/or filing of the security- with the County, final subdivision approval for the subject property or portions thereof shall be granted [] in lieu of the actual construction of required infrastructural 'improvements. No 'occupancy permit shall be issued until" • all of the infrastructure improvements Covered by the bond or surety have been ` - constructed.and approved by the County; . = ..z .Access. shall meet with the requirements Of the D'epartrrient of Public Works. Direct.aecess to Waikoloa Road shall - 1itnited•to [ene -readway] two roadways` from the project site. These accesses shallbe fully channelized with dedicated" .. left. arid right turn deceleration and acceleration lanes on Waikoloa Road. • Waikoloa Road -Pua Melia Street- Paniolo Avenue intersection shall be chanrielized and, [signalized or] improved by a "roundabout "' system ineeting with the requirements of the Department of Public Works. [These] The first • channelized intersection improvements on'Waikoloa Road together with other = • improvements required by the Departniexit of Public Works based :upon a current' • Traffic Impact Analysis Report shall be provided in conjunction with final subdivision approval of the first increment, or as otherwise provided by Chapter 23 [ {Subdivision Control)] (Subdivisions). The second channelized intersection 4 improvements on Waikoloa Road shall be provided prior to [and] or in conjunction. with the opening and use of the project's second access; D. To ensure that the goals and policies of the Housing Element of the General PIan 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 final subdivision approval; E. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected, agencies; F. A Solid Waste Management Plan shall be submitted to the Department of Environmental management for review and approval prior to the issuance of final subdivision approval; G. A water system meeting with the approval of the Department of Water Supply shall be provided or bonded prior to issuance of finial subdivision approval. At no cost to the county, the water system shall include the construction of on and off- site water reservoir(s), appropriate transmission system to and within the subject site, and other related appurtenances. Said system shall also include provision(s), such as a separate irrigation meter or system throughout the subdivision, to monitor and control excessive use of potable water for irrigation-, [l]H. Comply with all applicable County, State and Federal laws, rules, regulations and requirements; [G]I. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each 1 -acre lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; [H:.].T. Before final subdivision approval, applicant must obtain reclassification of the RA-la zoned area from the State Land Use Commission to the .Rural or Urban district. Prior to the submittal of plans for a grading or any associated permit for a golf course to the County for review and approval, the applicant shall consult with the Waikoloa Village Association and the County Council relative to the timing and propriety of such use This condition, except for the consultation requirement for any golf.course, may be.waived by the Planning Director, after consultation with Corporation Counsel, if an appellate judicial decision, or substantive change to Chapter 205, [Hawaii] Hawai` i Revised Statutes, clearly establishes the legality of this project in the Agricultural State Land Use district, including the residential. uses of the lots; . [l:]K. 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 be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as detelinined by the zoning resulting from this of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be 4 determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of {$9,991.21] $10,368.57 per single - family residential unit. [men -the contribution is $1,748,461.75 for the single family residential units. However, tl}is eendi€iem] 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 single-family residential unit shall be allocated as follows: • {$1,817.93] $4,999.91 per single - family residential unit [€or-one o$843,137.75] to the County to support park and recreational improvements and facilities; • [$232.12] $241.20 per single- family residential unit [for of $10,673.50] to the County to support police facilities; [$159.06] $476.39 per single - family residential unit [for-one--hundred-and $80.335.50] to the County to support fire facilities; • [$200.98] $208.57 per single - family residential unit [ of $35,171.50] to the County to support solid waste facilities; 5 [$'1,280.82] $4442.50 per single- family residential unit [for the one indic-ated-tetal of $7'19,143.50] to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements /facilities related to parks and recreation, which may include a multipurpose community center, fire, police, solid waste disposal facilities and roads 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; [I]L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction-or the assessment of impact fees, conditions included herein shall be credited towards the'requirements of the Unified Impact Fees Ordinance; [K ]M. An annual progress report shall be submitted to.the` Planning Director prior to the anniversary of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; [L-]N. Should any of the conditions not be met or substantially complied with in a timely fashion,-the Director may initiate rezoning of the area to its original or more appropriate designation." SECTION :2, Material to be deleted is bracketed and stricken. New material is underscored. 6 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. IN PRODUCED BY: COUNCIL ME Kona , Hawai`i Date of Introduction: July 25, 200°7 • Date of 1St Reading: July 25, 2007 Date. of2 "d Reading: September 6, 2007 Date of 3`d Reading: • N/A Effective Date: September 20, 2007 i EFERiNCE: Comm. 481,4 7 ER, COUNTY 0' AWAII 2024 North King Street Suite 200 Honolulu, Hawaii 96819 Telephone 808 842 1133 Fax 808 842 1937 eMail rmtowill @hawaii.rr.com L*444P1 R. M. TOWI LL CORPORATION S I N C E 1 9 3 0 Planning Engineering Environmental Services Photogrammetry Surveying Construction Management Letter of Transmittal To Department of Public Works Address Engineering Division County of Hawaii 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 Phone No: (808) 961 -8327 Attention Ms. Robyn Matsumoto Sending J 1E1 Attached o Drawing Prints 0 Drawing Originals ❑ Cost Estimate ❑ Change /Field Order Date March 17, 2008 Fax Number Project Waikoloa Highlands Sub'd - Roundabout Sub'd No. 89 -179 DPW Folder No. 6858 RMTC Project Number 1- 20580 -OE ❑ Under Separate Cover ❑ Specifications ❑ Other ❑ Digital Files ❑ Via Facsimile Pagessent induding coversheet ❑ Originals will be mailed Number of Copies Description 3 Action Remarks Robyn, Waikoloa Roundabout At Waikoloa Road, Pua Melia Street & Paniolo Avenue Plans (Dated February 29, 2008) ❑ Approval ❑ Signature and Return To This Office 181 Review and Comment ❑ As Requested IN Your Use ❑ Appropriate Action Persuant to Ordinance No. 07 -127, we are submitting the off -site intersection improvements (Roundabout) for review and approval. If you have any questions, please call me at (808)842 -1133 or by email at HaroldT @rtntowill.com. Copies to Sidney Fukc (Transmittal Only) CC EXHIBIT C By Harold T. Takemoto, P.E. TRAFFIC IMPACT ANALYSIS FOR WAIKOLOA MAUKA LLC A 400- LOT, ONE-ACRE PER LOT SUBDIVISION WAIKOLOA, HAWAII TMK (3)6 -8- 002 :0i6 POR & (3)6-8- 002:025 August, 2012 PREPARED FOR: WAIKOLOA MAUNA LLC THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION LICENSED PROFESSIONAL ENGINEER LIC. EXP. 4/30/04 NO. 5522 -0 PREPARED BY: WITCHER ENGINEERING LLP P.O. BOX 348 IOLUALOA, HAWAII 96725 (808)334-0322 (808)324 -0327 Fax EXHIBIT D TRAFFIC IMPACT ANALYSIS REPORT FOR WAIKOLOA MAUKA LLC A 400 -LOT, ONE-ACRE PER LOT SUBDIVISION WAIIKOLOA, HAWAII TMK (3)6 -8- 002:025 FOR, UPDATED JUNE, 2012 1. PROJECT DESCRIPTION Waikoloa A�lauka LLC . wishes to 'develop a 900 -lot subdivision made up of one -acre, minimum -sized lots at the southeast quadrant at the intersection of Waikoloa Road and Paniolo Drive. It should be noted that north of Waikoloa Road the street is called Paniolo Drive, while south of Waikoloa Road it is called Pun. Melia Street. The project will have two entrances, one on Waikoloa Road and the other on Puu Melia Street. The developer has agreed to replace the two -way stop control at Waikoloa Road and Paniolo Drive with a roundabout. This report will analyze this roundabout and the two entrances to the subdivision. For comparison purposes, the two -way stop control is also presented. Based upon experience with the absorption rate of Pualani Estates in Kailua Iona, it can be expected that 40 lots per year can be developed. Assuming that work was to begin soon, the earliest any lots would be available would be in the year 2015. II. EXISTING CONDITION Currently the project is undeveloped. There is a shopping center at the northwest comer of Waikoloa Road and Paniolo Drive with multi - family developments north of the shopping center and single- family housing fruther north. The =signalized intersection is set up so that all left turn movements have assigned lanes. It is anticipated that the northeast quadrant of the intersection will be developed in the future, possibly as another shopping center. The post office is located in the southwest, partially developed quadrant of the intersection. 11. TRAFFIC VOLUMES On May 8, 2012, traffic counts were taken at the intersection of Waikoloa Road and Paniolo Street. These counts were performed at 15- minute intervals from 6 :00 AM to 9:00 AM and 3 :00 PM to 6 :00 PM at this location. The peak hours were determined from this and found to be from 7 :15 AM to 8 :15 AM for the AM peak hour and 3 :30 PM to 4 :30 PM for the PM peak hour. Table 1 shows the peak hour and vehicles per hour (vph). Page 1 of 11 TABLE 1 PEAK 110 Location Time VPH Waikoloa Road it Paniolo .Drive 7:15 AM -8:15 AM 940 Waikoloa Road & Panicle Drive 3 :30 PM-4:30 PM 927 Table 2 shows vehicles per hour for the turning movements and compares this with the traffic counts of October 25, 2005 taken from the original report by Julian Ng. TABLE 2 INTERSECTION MODEL ov WAT COLOA R Direction AM PM 2005 2012 2005 2012 Eastbound Left (EBL) 90 102 301 320 Eastbound Through (EBT) 39 41 132 52 Eastbound Right (EBR) 9 9 42 24 Westbound Left (WBL) 9 13 19 5 Westbound Through (WBT) 77 75 55 37 Westbound Right (WBR) 106 67 107 102 Northbound Left (NBL) 41 19 ! 12 11 Northbound Through (NBT) 54 25 88 54 Northbound Right (MR) 6 11 14 3 Southbound Left (SBL) 153 163 104 88 Southbound Through (SBT) 86 50 48 36 Southbound Right (SBR) 388 365 157 177 LEVEL OF SERVICE Level of service is deemed as "a qualitative measure describing operational conditions within a traffic stream; generally described in teams of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety." There are six levels of operational conditions defined as follows: Level of Service A Little or no traffic delays 10 Level of Service B Short traffic delays >10k 15 ]Page 2 of 11 Level of Service C Level of Service D Level of Service E Level of Service F Average traffic delays >15k25 s25 Long traffic delays >251 <35 Very long traff c delays >35k.55 Extreme traffic delays >55 Levels of service were determined for the various turning movements for the intersection of Waikoloa Road and Paniolo Drive for the existing conditions. Calculations were performed in accordance with the analysis laid out in the Highway Capacity Manual, Special Report 209., 2' Edition of the Transportation Research Board, 1992 and the Highway Capacity software from the Federal Highway Adminihhation and McTrans, University of Florida, Gainseville, FL (HCS 2010). V. PROJECTED TRAFFIC L Methodology The trip generation methodology used in this report is based upon applications developed by the institute of Transportation Engineers (ITE) and published in Trip Generation, 8 Edition, 2011. Trip generations have been developed for a variety of land uses (or facility types) which correlated trips with dwelling units, area, population, vehicle ownership, and intensity of use. Each facility type has a catalog number of identification purposes. The land use code is Single - Family Detached, 210. 2. Trip Generation As stated above, the developer wishes to construct a 400 -lot subdivision, however it will not come online all at once. Pualani Estates in Kailua-Kona is an example of a current project with its buildout record. During the ten -year span from 2003 to 2013, 392 lots have been developed. This averages 39 lots per year, or a more general approximation of 40 lots per year. Applying this reasoning to the proposed project, the following can be expected: 2015 buildout of first 40 lots 2017 120 lots 2022 280 lots 2032 400 lots The following is the trip generation with an absorption schedule. Page 3 of 11 TABLE 3 TRIP GEN Year # of Lots Trip Generation AM PM Trip Gen , Enter 23% ' Exit 75% Trip Gen Enter 63% Exit 37% 2015 40 0.75 8 22 1.01 25 15 2017 120 0.75 22 68 1.01 76 45 2022 280 0.75 53 157 1.01 178 105 2032 400 0.75 75 225 1.01 * 255 149 3, Traffic Distribution Assumptions Traffic Counts were taken at the intersection of Waikoloa Road and Paniolo Drive to ascertain not only the volume, but the direction of travel. Using this infomiation, the following assumptions were made: 1. After build-out of the project, the flow of traffic in any direction is proportional to the counts of May 8, 2012. 2. Access #1 is the intersection of Puu Melia Street and Paniolo Drive and Access #2 is on Waikoloa Road. 3. Both intersections will allow left tums in and out 4. At Buildout 2015, all 40 lots will enter and exit through Puu Melia Street. 5. By 2017, the 120 lots will be split, 60 entering and exiting through Puu Melia Street and 60 entering and exiting through Waikoloa Road. 6. By 2022 distribution will be as follows: Phase 1 has 149 lots. Assume that one-half of these use Puu Melia Street and one-half use Waikoloa Road. The remaining lots, 280-149 4- 131 are split one-third lo Puu Melia Street and two-thirds io Waikoloa Road— 119 vehicles through Puu Melia Street and 161 vehicles through Waikoloa Road. 7. 13y 2032, the remaining 120 lots to be distributed can be assumed to follow the one-half to Puu Melia Street and one-half to Waikoloa Road. Therefore the ending distribution would be 180 to Puu Melia Street and 220 to Waikoloa Road. 8. Reviewing past counts for the intersection of Waikoloa Road and Paniolo Drive, it appears that traffic has decreased not increased_ It is therefore assumed that there will be no appreciable increase in traffic for the next five years other than from this development Also, past studies have used 2 V2 % as an annual traffic increase. We believe that this may be excessive. Therefore, 1 % % annual increase will be used for this update. Page 4 of 11 As stated previously in this report, plans are being considered to construct a roundabout at the intersection of Waikoloa Road and Paniolo Drive by this developer. In performing a two-way stop control analysis, it became apparent that a roundabout was a good choice. This information is included in this report. The following table shows the traffic distribution. TABLE 4 TtIRNiiv 1 OV1 lE1�TTS A1ND TRA1r1?w Th TRIB' Movement Peak Hoar AM �...v.7, • • r,••ava:vx .any. ax 1 »9riVtA) Ili. Peak Hour PM Year Year Exist Build out 5 Y i 10 Y 1 20 Yr Exist Build out 5 Y 10 Yr 20 Yr FM 102 102 102 109 118 320 320 320 345 371 EBT 41 41 42 , 47 52 52 52 66 84 95 EBR 9 j 10 10 11 12 24 29 31 39 49 WILL 13 14 15 17 20 5 6 7 9 10 WBT 75 75 81 100 112 37 37 40 44 50 WBR 67 67 73 88 100 102 102 107 130 146 NBL 19 22 24 31 38 11 13 14 16 19 NBT 25 29 32 40 48 54 60 62 75 89 NBR 11 13 14 17 21 3 3 3 4 5 SBL 163 163 165 , 185 201 88 88 113 143 164 SBT 50 53 54 63 71 36 44 46 59 72 SBR 365 365 365 393 423 177 177 177 191 205 With the above trip distribution having been determined, level of service calculations were performed for the intersection. This was done in accordance with the two -way stop criteria and then analyzed as a roundabout. The following tables show this relationship. TABLE 5 STREET LEVEL OF SERVICE, TWO-WAY STOP WAIKOLOA RD. & P tNIOLO DR. Movement Peak Hour AM Peak Hour PM Year _ Year 2012 2015 2017 2022 2032 2012 2015 2017 2022 2032 EBL A A A A A A A A A A Page 5 of 11 Movement Peak Hour AM , 1 Peak Hour PM Year Year 2012 2015 2017 2022 2032 2012 2015 2017 2022 2032 E B T A A A A A A AA A A E B R A A A A A A AA A A i WBL A A A A A A AA A 1 WBT A A A A A ArA A A A WBR A A AA A A A A A NBL C C, C D E l D D D E NBT C C C D E D 0 0 E NBR BBBB CDDDF SBL C C C C CE EF F F S B T B B B C C , t C C D' F F SBR 13 B B C C BBBCD NB Approach 1 Delay , 153 155 15.9 18.7 228 252 26.3 28.0 ' i 373 55.9 NB Approach 1 LOS C C C C , , C 0 0 0 E SB Approach ' Dday 13.8 14.0 ' 14.3 , 16.6 19,9 202 21A 28.8 131.3 576. 0 SB Approach ,BBB LOS CC CC D1 F F The following are the calculations for the roundabout. Note the improvement to the northbound and southbound approaches. Page 6 of 11 TABLE 6 LEVEL OF SERVICE, ROM/AB OU r,'�AIKQ. Movement AM FM 2015 (2017 1 2022 2032 2015 2017 12022 2032 EASTBOUND Lt Lane Control Delay 5.5 ' 5.6 5.9 8.5 7.9 8.3 9.5 10.8 Rt Lane Control Delay 4.9 4.9 5.2 7.2 4.7 5.1 5.7 6.3 Lt Lane LOS A A A A A A A A Rt Lane LOS A A A A A A A A Approach Delay 5.31 534 5.64 8.03 7.26 7.53 8.46 9.53 Approach LOS A A A A AA t A A 'EST13OUND Li Lane Control Delay 4.0 4.1 4.2 7.5 5.2 5.2 5.5 ' 5.8 Rt Lane Control Delay 5.5 5.7 6.4 6.9 7.5 7.7 8.8 10.0 Lt Lane LOS A A A A A A A A Rt Lane LOS A A A A A A B B Approach Delay 5.37 5,56 6,18 7.28 a 7.42 7,62 8.65 9.83 Approach LOS A A A A A A A A NORTHBOUND Lt Lane Control Delay 4.9 j 5.0 5.3 5.6 1 5.7 6.0 6.6 7.1 Rt Lane Control Delay 5.2 5.3 5.7 ; 6.1 6.7 7.0 8.0 9,1 Lt Lane LOS A A A ; A A A A A Rt Lane LOS A A A A A A A A Approach Delay 5.10 5.18 5.52 5.89 .3 6.48 6.83 7.78 8.81 Approach LOS A A A A A A A A SOUTHl3OUND Lt Lane Control Delay 5.5 5.6 6.0 9.0 4.3 4.6 4.9 5.2 Rt Lane Control Delay 4.2 4,3 4.6 6.3 3.9 3.9 4.1 43 Page 7 of 11 Movement AM PM 2015 2017 2022 2032 ' 2015 2017 ' 2022 2032 Li Lane LOS A A A A A AIA. Westbound Right 9 A Rt Lane LOS A A A A'A NorthlYound Through 55 AA 59 A Approach Delay 1.92 1.97 2.19 3.24 1.79 2.09 2.01 2.65 Approach LOS A A A A A A A A Intersection Delay 3.24 3.35 3.72 5.32 5.41 5.64 6.35 7.13 4. Entrance/Exit Roads As stated above, there are two entrances and exits planned; one on Pint Melia Street and the other on Waikoloa Road. These will have the full r.ange of movements and will be two-way stop control. The following table shows the traffic distribution for the two accesses. TABLE 7 TRAFFIC MOVEMENTS AT P Movement Peak flour AM Peak Hour PM Year Year 2015 [20171 2022 I 2032 2015 2017 2022 2032 Highlands Entrance onto Pun Malin Street Westbound Left 13 19 ' 38 58 7 ! 11 22 33 Westbound Right 9 15 , 29 , 43 8 11 ' 22 34 1 NorthlYound Through 55 55 ' 59 64 68 1 68 . 73 79 Northbound Right ! 5 ' 9 15 , 13 19 39 59 Southbound Left 5 6 1 1 13 19 12 , 19 1 37 ; 56 Southbound Through 72 72 78 84 65 . 65 70 , 75 Highlands Entrance onto Waikoloa Road Eastbound Through — , 215 232 250 , — - 164 ' 177 190 Eastbound Right — 6 17 24 . — ' 18 54 74 Westbound Left — 5 13 17 — 21 48 66 Page 8 of 11 Westbound Through — 153 167 180 — 144 155 167 Northbound Left — 14 38 52 — 10 28 39 Northbound Right — 20 53 72 — 12 32 43 Levels of service for these entrances is based upon the assumptions that Waikoloa Road and Puu Malia Street will be configured as follows: 1. Waikoloa Road will have one through with right turn lane eastbound. 2. Waikoloa Road will have two lanes westbound, one of which will be a left - turn lane. 3. Puu Melia Street will have one lane northbound which will be a shared right - turn lane, 4.. Puu Melia Street will have one through lane southbound and one left -turn lane southbound. TABLE 8 LEVEL OF SERVICE AT ENTRANCE #� A 3 Movement Peak Hour AM Peak Hour PM Year Year BO i 20171 2022 1 2032 ' BO 1 20171 2022 2032 i Highlands Entrance onto Puu Melia Street Westbound Left A A A A A A A A Westbound Right A A A A A A A A Southbound Left A A A A A A A A Approach Delay 9.0 ! 9.0 92 9.4 9.0 9.1 9.3 9.6 Approach LOS A A A A A A A A Highlands Entrance onto Waikoloa Road Westbound Left — A A A — A A. A Northbound Left — B B ,- B — B B B Northbound Right — A A A — A A A Approach Delay — 10.0 10.5 ` 10.9 — 9.8 10.4 10.8 Approach LOS — B B B — A B B Page 9 of 11 VI. CONCLUSION I. Intersection of Waikoloa Road and Faniolo Drive It can be seen from the traffic counts and level of service computations for the intersection of Waikoloa Road and Paniolo Drive that during the PM peak hours, The intersection is already impacted. By calculating the impact ofthe development, it can be seen that, if the intersection is left as a two -way stop, it will have completely failed by the year 2022. This is uuacceptable. Mitigating measures need to be taken by the time of buildout or by 2017 at the latest. The developer for the project is being required to construct a roundabout at this intersection as part of the developmental requirements. This report analyzes the use of a roundabout and finds that this mitigating measure definitely will help the situation. In fact, over a 20 -year period, the level of service only approaches a level of service "13", being "A" throughout. This is assuming that the trip generation for this development is the increase caused by this development and that the annual increase in background traffic covers other developments in the area, including the one that constructed the roundabout. 2. Subdivision Accesses The accesses to the subdivision will adequately serve the subdivision without entally affecting traffic flow on the two neighboring streets, Waikoloa Road and Puu Melia Street. On Puu Melia Street, the level of service at the subdivision entrance does not exceed a LOS of "A". At the Waikoloa Road entrance, the level of service for the northbound left turn Jane will be "B". This will have little affect to traffic flow on Waikoloa Road. " RECOMMENDATIONS NDATIONS it is recommended that roundabout construction be initiated with the construction of the first phase of the subdivision. This will ensure that traffic flow at Waikoloa Road and Paniolo Drive will flow smoothly without any appreciable delay. It is also recommended that left turn lanes be provided at the two subdivision accesses for left tun movements. Page 10 of 10 County of Hawai `i PLA.NNING.COMMISSION .. Aupuni Center • 101 Panabi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 June 6, 2007 Pete Hoffinann, Chairman and Members of the County Council County of Hawai`i 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone (REZ 678) Applicant: Waikoloa Mauka, LLC Request: Amendment to Change of Zone Ordinance No. 05 -157 (Conditions B, C and I) Tax Map Key: :6- 8- 2:portion 16 and 6- 8- 3:portion 32 The Planning Commission, after a duly held public hearing on May 24, 2007, voted to recommend for your approval the proposed legislative bill for amendments to Conditions B (Final Subdivision Approval), C (Access), and I (Fair Share Contribution) of Change of Zone Ordinance No. 05 157, which rezoned approximately 761 acres from Agricultural 5 -acre (fottuerly Unplanned) and Multiple - Family Residential 1,500 square feet (RM -1.5) districts to a Residential and Agricultural 1 acre (RA -1a) and Open (0) districts. The property, referred to as the proposed Waikoloa Highlands Subdivision, is located along the south side of Waikoloa Road and south — southeast of Waikoloa Village, Waikoloa, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting amendments to Conditions B (Subdivision Approval), C (Access) and 1(Fair Share Contribution) of Ordinance No. 05 157. Conditions B and C relate to the nature of the roadway improvements at the intersection of Paniolo Avenue/Pua Melia Street and Waikoloa road, as well as the number of accesses to Waikoloa Road. The applicant requests amendments to Conditions B and C as follows: Hawai `i County is an Equal Opportunity Provider and Employer EXHIBIT E Pete Hoffinann, ChaiinIan and Members of the County Council Page 2 (material to be deleted is bracketed and struck - through; material to be added is underscored): • Condition B: "Final Subdivision Approval for not less than 175 lots shall be secured within ten (10) years from the effective date of this new amendment. Plans for [ • - •• - , ' • .. ' • :] the off -site infrastructural roadway improvements required in Condition C, shall be submitted [in conjunction with property] no later than six months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the [traffic signalization] intersectional improvements required in Condition C prior to the Final Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted to the actual construction of required infrastructural improvements." • Condition C: "Access shall meet with the requirements of the Department of Public Works. Direct access to Waikoloa Road shall be limited to [one roadway] two roadways from the project site. Waikoloa Road -Pua Melia Street - Paniolo Avenue intersection shall be channelized and signalized or improved by a "roundabout" system meeting with the requirements of the Department of Public Works. These improvements together with other improvements required by the Department of Public Works based upon a current Traffic Impact Analysis Report shall be provided in conjunction with final subdivision approval of the first increment, or as otherwise provided by Chapter 23 (Subdivision Control)." Pete Hoffmann, Chaiiinan and Members of the County Council Page 3 Condition I relates to impact fees (Fair Share Contribution). The applicant requests that Condition I be expanded or clarified to allow consideration for a multi -use community center. • Condition I (in part, last paragraph): " .in lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements /facilities related to parks and recreation which may include a multi- purpose community center, fire, police, solid waste disposal facilities and roads 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." The applicant states that the plans for the golf course have been abandoned, in part to address the Waikoloa Village Association's concerns over another golf course in this area. Revised subdivision plans have been submitted to reflect the project into a 398 -lot subdivision with natural open space to replace the planned golf course. The project is proposed to be developed in two phases; the first consisting of 149 lots, and the second consisting of 249 lots. Condition B requires signalizatiori,improvements at the intersection of Waikoloa Road with Pua Melia Street /Paniolo.:Avenue. However, the applicant states that discussions with various individuals suggest that a "roundabout" instead of a signalized intersection may be more appropriate:. In compliance with Condition B, on -site infrastructural.plans have been completed,. However, the submittal of the signalized plans . also required under Condition. B has been suspended pending a decision on the type of improvements required. Condition C limits,the project to only one access along Waikoloa Road, at the makai end of the project site.. Another access is planned at Pua Melia Street. However, both accesses would serve only the lower portion of the project. In the event of an emergency, mauka area residents may encounter difficulty exiting the subdivision. As such, two roadways from the project. site are being proposed. Lastly, discussions with the community have identified a need for a multi -use community center., The applicant requests that .Condition I be amended to facilitate the possible construction of such a facility. Pete Hoffmann, Chaiinian and Members of the County Council Page 4 The non- perfouniance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. As plans for the golf course have been abandoned, revised subdivision plans include a 398 -lot subdivision with natural open space instead of a golf course. The applicant has invested a substantial amount of time and money to develop the project. Subdivision and intersection improvement plans have been approved. Revised plans showing the proposed new project configuration have been submitted. Channelization improvements of the Waikoloa Road/Paniolo Avenue/Pua Melia Street intersection have been completed. The applicant has made a good faith effort in complying with conditions of Ordinance No. 05 157. Granting of the time extension would not be contrary to the General Plan or Zoning Code. When the rezoning was approved by Ordinance 90 160 in 1990, the project area was designated Extensive Agricultural under the 1989 General Plan LUPAG Map. The area was rezoned to Residential - Agricultural 1 -acre (RA -1a) and Open to allow for the creation of the Highlands Golf Estates, consisting of 400 one -acre lots and the Highlands Golf Course. The 2005 General Plan designates the area as Rural and Open, reflecting the approved zoning. Therefore, the request would not be contrary to the changes within the 2005 General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area is "E ", or "Very Poor." From a land use perspective, it is a feasible alternative to create a residential - agricultural subdivision on these non - productive lands. For your favorable consideration, an amendment to Change of Zone Ordinance No. 05 157 is transmitted. Pete Hoffmann, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Graham, Chaitut Planning Commission Lwaikoloarez678 02PC Enclosures r cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply Planning Department - Kona DOT - Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 2012 HILO, HAWAII Memorandum TO: DATE: September 21, 2012 B.J. Leithead -Todd, Planning Director Planning Department FROM: Ben Ishii, Division Chie p Engineering Division SUBJECT : Change of Zone Application REZ 678 (Ord. 07 -127) Amendments to Condition B Applicant: Waikoloa Mauka, LLC Location: Waikoloa, South Kohala, HI TMK: 3 / 6 -8- 002:016, 6 -8- 003:032 We reviewed the subject application for an amendment to Condition B Ord. 07 -127 for our comments are as follows: 1. We support the time extension, however other portions of Condition B may need revision as well. The last sentence in Condition B is presently worded "No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." As worded, the Planning Director may need to withhold "occupancy permits" to enforce this condition. DPW is not at the present time issuing a Certificate of Occupancy or an `occupancy permit" for a single family dwelling. It will be difficult to deny occupancy to individual owners of purchased lots because of circumstances beyond their control. Yet we want to make sure the intersection improvements required by Condition C are constructed and (as necessary) dedicated to the County concurrent with development of the first increment of subdivision lots. To ensure that happens, we suggest the condition be revised. There should be no bonding alternative to actual construction and dedication of the required intersection improvements prior to final subdivision approval of the subject property, creating any single family residential lots. 2. Regarding Condition C, we do not intend to limit access to Waikoloa Road for bicycle and pedestrian uses to (2) locations should alternative mode connections be approved by DPW. Please add the word "vehicular" after "direct" in the second sentence. Planning Dept. Exhibit G2- 25 - L Oi13` 'YD Amend Ord. No. 07 -127 Waikoloa Mauka LLC September 21, 2012 p. 2 of 2 3. Additional right -of -way may be required for the intersection improvements. Please also add to Condition C, "Any necessary additional right -of -way for the intersection improvements shall be dedicated to the County, at no cost to the County, as a condition of final subdivision approval of the subject property, creating any single family residential lots." 4. We note that Figure 2 does not show a second direct vehicular access to Waikoloa Road. A second direct vehicular access to Waikoloa Road from the subject property should be required with development of Phase 11. 5. Consideration should be given to "complete street" multimodal connectivity within this subdivision connecting to and along the Waikoloa Road corridor, including a multi -use path along Waikoloa Road. This is suggested as a safety improvement for Waikoloa Road in the South Kohala Community Development Plan. 6. A 10 -foot wide future road widening and grading setback should be required along the Waikoloa Road frontage of the subject property. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327 -3530. KE copy: TRF ENG -HILO • • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 9672,Q, TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 September 25, 2012 TO: Ms. BJ Leithead Todd, Director Planning Department FROM: Quirino Antonio, Jr., Manager -Chief Engineer SUBJECT: CHANGE OF ZONE ORDINANCE 07 127 (REZ 678) APPLICANT — WAIKOLOA MAUKA, LLC REQUEST: TIME EXTENSION TO CONDITION B (FINAL SUBDIVISION APPROVAL) TAX MAP KEY 6 -8- 002:016 rri —1 We have reviewed the subject request and have no objection to the requested time extension. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Sincerely yours, Quirino ntonio, Jr., P.E. Manag Chief Engineer FM:dfg copy — Mr. Kevin C. Kellow, Waikoloa Mauka, LLC Planning Dept. Exhibit 5—CANNED ?, ZO1Z . `i 'titer, Our Most Precious Resource .. flqthe .. . -Pr:3 De rartment of Water Sumiv Extol Ommturk■tr cr ,w rand .rnrafa +far. William P. Kenoi 721? C'r September 14, 2012 County of Hawai` i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawaii 96720 -3998 (808) 935 -3311 • Fax (808) 961 -2389 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM SUBJECT : The above -re or objections Should there of the South AW:dmv RS120527 Harry S. Kubojiri Police Chief H. KEALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 00012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) Tax Map Key: 6 -8- 002:016 Paul K. Ferreira Deputy Police Chief ferenced application has been reviewed, and we have no comments to offer at this time. be any questions, please contact Captain Aimee Wana, Commander Kohala District, at 887 -3080. Planning Dept. Exhibit "Hawai`i County is an Equal Opportunity Provider and Employer" ANNE 4 William P. Kenoi Mayor September 17, 2012 PLANVN1 DEPARTMENLarren J. Rosario A W.A.!! . • ore Chief 7017 OCT Countp of Ti9aivail HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932-2928 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM : DARREN J. ROSARIO, FIRE CHIEF , Renwick J. Victorino Ill I: 46 DipsayFiAe Chief ' • ■ • SUBJECT: CHANGE OF ZONE ORDINANCE NO. 07 127 (REZ 678, DOCKET NO. 90-000012) APPLICANT: WAIKOLOA MAUKA, LLC REQUEST: TIME EXTENSION TO CONDITION B (FINAL SUBDIVISION APPROVAL) TAX MAP KEY: 6-8-002:016 We have no comments to offer at this time in reference to the above-mentioned Change of Zone Ordinance No. 07 127. DARREN J. ROSARIO Fire Chief TG:lpc Planning Dept. Exhibit_ S I, nt°1 u ,I. 2 pi 4. By: Hawaii County is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor William T. Takaba Managing Director SEP 10 2012 RECEIVED COUNTY OF HAWAII PANNING DEPT. Dora Beck, P.E. Acting Director (Guilt of Pafintil DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory /dir envmng.htm MEMORANDUM Date : August 27, 2012 To BJ LEITHEAD TODD, Planning Director From : DORA BECK, P.E., Acting Director Subject: Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) TMK: 6- 8- 002:016 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( "X ) No comments ( ) Commercial operations, State and Federal agencies, religious entities and non -profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ) Ample and equal room should be provided for rubbish and recycling. ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ) Construction and demolition waste is prohibited at all County Transfer Stations. ) Submit Solid Waste Management Plan in accordance with attached guidelines. ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ) Other: ( ( ( ( ( ( Planning Dept. Exhibit County of Hawai`i is an Equal Opportunity Provider and Employer. 08.6 William P. Kenoi Mayor William T. Takaba Managing Director SEP 10 2012 CO pLANNI�q thigj °Ere Dora Beck, P.E. Acting Director County of Hawai `i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory /dir envmng.htm MEMORANDUM Date : August 27, 2012 To BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Directork7 Subject: Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) TMK: 6 -8- 002 :016 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ()C) No continents ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: 080962 County of Hawaii is an Equal Opportunity Provider and Employer. NEIL ABERCROMBIE GOVERNOR J.3 DEr- 21(7 A` T .3i PA : 21 MEMORANDUM STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 DATE: August 30, 2012 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii LORETTA J. FUDDY, A.C.S.W., M.P.H. Director of Health FROM: Newton Inouye" District Environmental Health Program Chief SUBJECT: Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) Tax Map Key: 6 -8- 002:016 This office has no additional comments to those made previously. Reference is made to the August 21, 2006 letter to the Planning Director. WORD:CZO 07 127.my Planning Dept. Exhibit 7 080787 NEIL ABERCROMBIE GOVERNOR Ms. BJ Leithead Todd Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms. Leithead Todd: 10 STATE OF HAWAII DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET HWY -PS HONOLULU, HAWAII 96813 -5097 2.3223 October 22, 2012 GLENN M. OKIMOTO DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI Subject: Change of Zone Ordinance No. 07 -127 (REZ 678, Docket No. 90- 000012) Time Extension Request to Condition B (Final Subdivision Approval) Waikoloa Highlands Subdivision, Waikoloa Mauka, LLC Hawaii, South Kohala, Waikoloa, TMK: (3) 6 -8 -002: 016 Waikoloa Highlands is a golf course subdivision to consist of 398 1 -acre lots on 731.579 acres of land located south of and adjacent to Waikoloa Road. Originally owned by Waikoloa Development Company, the project is now owned by Waikoloa Mauka, LLC. In 2007, as a result of several amendments to the County ordinance, a requirement for final subdivision approval within five years was imposed. Due to economic conditions, Waikoloa Mauka, LLC asserts that it cannot comply with the five year deadline and proposes a five year extension for obtaining final subdivision approval for the project's first increment of, at least, 50 lots, with final subdivision approval for the entire project to be obtained within 10 years. The project plan calls for development in 8 increments. Based on the foregoing, we have no objections to the applicant's request for a time extension to complete the project. However, we request that the applicant update the Department of Transportation Highways Division with regard to the status of regional transportation improvements that the applicant will provide at the Queen Kaahumanu Highway and Waikoloa Road/Waikoloa Beach Drive intersection as a result of the Waikoloa Highlands Subdivision project. If have any questions, please contact Ken Tatsuguchi, Engineering Program Manager, Highways Division, Planning Branch, at (808) 587 -1830. File number 2012 -208. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation Planning Dept. Exhibit k 4'J South Kohala Traffic Safety Committee P.O. Box 383375 Waikoloa, HI Ms. Bobby Jean Leithead -Todd - Director Hawaii County Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 808 961 -8288 Fax planning (cx�co.hawaii. hi.us T _1J F El 3: 02 September 19, 2012 Ref: Waikoloa Mauka LLC Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Request for time extension to Condition B (Final Subdivision Approval) TMK# 6 -4- 002:016, Planning Department Comment Aloha Director Leithead -Todd, I am Michael Price and reside at 68 -1794 Auhili Loop in Waikoloa Village, HI 96738. I am the representing South Kohala Traffic Safety Committee (SKTSC) as its Chairperson. Previous documentation submitted verifies I am authorized to represent South Kohala Traffic Safety Committee as its Chairman. Thank you for the opportunity to provide written comment regarding this application. South Kohala Traffic Safety Committee can only comment on the traffic safety portion of the Application. South Kohala Traffic Safety Committee approved Conditional Support for this request for time extension to Condition B (Final Subdivision Approval). The Committee's support is based on the following conditions being met: 1. First there is no definition of "Final Subdivision Approval ". The assumption is that the intent is a 50 lot parcel be "completed" within 5 years of approval of this time extension amendment and completion of the entire (404 Tots) project to be "completed" within 10 years of approval of this time extension amendment. The assumption is that the word "completed" means all infrastructure and improvements are in place and meet County Occupancy regulations. 2. The time extension request delays the required installation of the Waikoloa Road /Paniolo Avenue (drive) /Puu Melia Street Roundabout and project channelized entrance on Waikoloa Road installation beyond 2015. The Traffic Impact Analysis Report (TIAR) dated August 2012 and prepared by Witcher Engineering LLP indicates the Level of Service at the current 2 way stop intersection will reach Level of Service (LOS) D and E by 2015. These are unacceptable LOS per Hawaii County Standards. The South Kohala Traffic Safety Committee requests the Roundabout be installed before any LOS decline below Level C. Rezoning Condition B needs strengthened to make sure traffic safety is not jeopardized at Waikoloa Road /Paniolo Avenue (drive) /Puu Melia Street intersection. The following underlined changes are needed; "The applicant shall install and dedicate to the County the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works and /or County Ordinance. (In Lieu of — STRIKE) To guarantee actual construction of Page 1 of 2 Planning Dept. Exhibit infrastructural improvements herein, the applicant (may- STRIKE) shall enter into an agreement with the County to assure the County that the infrastructure improvements (will) shall be timely constructed to prevent decline of Level of Service below C at Waikoloa Road /Paniolo Avenue (drive) /Puu Melia Street intersection together with the appropriate bond, surety or other security covering the current cost of infrastructure improvements and to be annually increased to adjust for inflation, design standard and unforeseen cost increases. (deemed acceptable to — STRIKE) The agreement and financial guarantee shall be approved by the County Council after review and recommendation by the Planning Director and the Corporation Counsel. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and (approved by — STRIKE) dedicated to the County." The TIAR used May 8, 2012 traffic counts and Trip Generation calculations based on Waikoloa Mauka 40 lots being completed by 2015 (30 — 40 vehicles entering and exiting Puu Melia via Waikoloa Road /Paniolo Avenue (drive) /Puu Melia Street intersection (Page 4 of 11 of this TIAR assumes under "3. Traffic Distribution Assumptions 4). Page 4 of 11 of this TIAR assumes under "3. Traffic Distribution Assumptions 1. "After build out of the project, the flow of traffic in any direction is proportional to the counts of May 8, 2012" (traffic will decrease). Note Page 4 of 11 of this TZAR assumptions under "3. Traffic Distribution Assumptions 8. Obviously consideration was not given to the large number of empty houses in Foreclosure in the Village or the workforce housing project development. The number of trips generated due to occupancy of these housing units will increase before 2015. The justification for the requested changes to Condition B is the additional financial liability the County taxpayer takes on if the LOS of the Waikoloa Road /Paniolo Avenue (drive) /Puu Melia Street intersection declines resulting in longer delays resulting in increased aggressive driving accidents. Furthermore the "free" left turn Eastbound into the Village remains as a high risk for T- Bone collisions and pedestrian fatalities. Paniolo Avenue is the only entrance and exit of Waikoloa Village. We agree that the proposed roundabout improvement will increase safe traffic flow and reduce delays during a fire evacuation, saving lives. Increased traffic from the workforce housing development and this Waikoloa Mauka development impacts traffic in the near future and needs mitigation before the 2015 loss of LOS at the intersection. The past problems with deferred improvements and litigation surrounding the Hukulia, Aina Lea and this development property provide the need to guarantee the installation of infrastructure improvements required by new development. Strong language and conditions are warrantied to protect the public and County taxpayers. The administration's procedure of following past practices, favoring certain developments and then expecting a different result (fair and timely infrastructure improvements) is unacceptable and only adds to the public distrust of the County government. I can be contacted at 883 -2918 or whao a(�hawaii.rr.com . Again thank you for this opportunity for the SKTSC membership to comment. Sincerely, Mike Price -Chair South Kohala Traffic Safety Committee CC: SKTSC Councilman Pete Hoffmann — Hawaii County Council Page 2 of 2 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969- 7996 E -mail: sidfuke@hawaiiantel.net October 12, 20 Ms. 13J Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: LA 1�2 #7 ll i LENT T # 2 21 • Planning • Variance • Zoning, • Subdivision • Land Use Permits • Environmental Reports Subject: Time Extension Request - Rezoning Ordinance No. 07127 APPLICANT - Waikoloa 1Vlauka,; LLC Waikoloa, South Kohala, Hawaii, TMK: 6 -8- 002: 016 Thank you for providing me comments to date regarding the subject matter. In response to those comments, we respond as ;follows: a. The Police Department, Fire Department, and the Department of Water Supply all had no comments and/or objections to the request. b. In response to the South Kohala Traffic Safety Committee's comments, the applicant understands and appreciates that final subdivision approval may occur subsequent to 2015, the year when the Level of Service ( "LOS ") is projected to reach "D" or "E" during the AM and PM peak. However, the condition is reasonably designed to address the project's actual impacts, which can occur only after the subdivision has been approved, lots sold, and homes built upon and occupied. To require the developer to complete the off-` site intersectional improvements (which is a projected existing problem) prior to its project having any discemible traffic impacts would not be equitable. It should also be emphasized that the developer is not proposing to have these intersectional improvements completed when the entire 400± project is approved. It is tied in to any portion of the project. Hence, whether the first phase consists of 10, 50,100, or 400 lots, the intersectional obligation must and will be fulfilled. Should you have questions on this matter or if there are additional comments, please feel free to direct them to me. Thank you very much. incerely, SIDNEY M. FUME Planning Consultant Copy - Waikoloa Mauka, LLC w/ enclosures Planning Dept. t • Exhibit /0 CANNED °i4rgf fob anderSidneyFuke, Planning Consultant Jar.' 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E -mail: sidfuke @hawaiiantel.net Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: October 31, 2012 PLANNING DEP.-1.- r., 201? OCT 31 r• T • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports 12: 24 Subject: Extension Request — Rez Ord. 07127, Waikoloa Mauka,LLC Waikoloa, South Kohala, Hawai i, TMK: 6 -8 -002: 016 Thank you for providing me with a copy of Department of Public Works' ( "DPW ") comments regarding the subject matter. In response to those comments, we respond as follows: a. The applicant understands and appreciates that DPW no longer enforces residential occupancy permits per the Building Code. However, pursuant to Section 25- 4- 2(b)(2) of the Zoning Code, that responsibility would still fall under the purview of both the DPW and Planning Department. Generally, said provision allows the construction of dwellings on lots approved in accordance with the bonding provision of the Subdivision Code (Chapter 23) with the condition that "final occupancy of any dwelling unit shall not be granted until the subdivision improvements for the particular increment in which such dwelling unit is situated have been constructed, inspected and approved by the appropriate County agenicies. " (emphasis added.) Thus, it is maintained that there is sufficient checks to address DPW's concern. b. The applicant has no objections to the proposed suggestions outlined in DPW's comment numbers 2, 3, 5, and 6. c. The second access to Waikoloa Road is reflected in a full -sized revised plat map submitted in conjunction with the pending subdivision application already on file with your office. In either event, this will or has been done. Should you have questions on this matter or if there are additional comments, please feel free to direct them to me. Thank you very much. ncere SIDNEY'M. FUKE Planning Consultant Copy -- Waikoloa Mauka, LLC w/ enclosures 081 : 42 RWaikMaukaAmendBREZ,doc - 10/3012 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WAIKOLOA MAUKA, LLC AMENDMENT TO CONDITION B (FINAL PLAN APPROVAL) CHANGE OF ZONE ORDINANCE NO. 07127 (REZ 678) Upon review of the request for an amendment to Conditions B (Final Subdivision Approval) of Change of Zone Ordinance No. 07 127, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the County Council, with modifications to some of the existing conditions. Since this recommendation is being made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The recommendation for approval is based on the following findings: The applicant requests an amendment to Condition B (secure final subdivision approval) of Ordinance No. 07 127, effective September 20, 2007, which required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance, or September 20, 2012. Condition B reads: "Final Subdivision Approval shall be secured within five (5) years from the effective date of this new amendment. Plans for the off -site roadway improvements required in Condition C, shall be submitted no later than six months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and /or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be 1 granted in lieu of the actual construction of required infrastructur l improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." The applicant requests that Condition B be amended as follows: "Final Subdivision Approval for not less than 50 lots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision Approval for the entire project shall be secured within ten (10) years of this new amendment." 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 are not the result of their fault or negligence. The applicant states that due to current market conditions, the proposed subdivision cannot be completed in the 5 year period (until September 20, 2012) as stipulated in Ordinance No. 07 127. The project is proposed to be developed in a minimum of eight (8) increments, with 50 lots proposed within five (5) years of this amendment, with a 10 -year completion date for the entire project. Since acquiring the property in 2005, the applicant has shown substantial progress towards the completion of the project, including the completion of an Environmental Impact Statement, and the approval of a petition for a State Land Use Boundary Amendment to the Rural district as required under Condition J of Ordinance 07 127. The required construction plans for the roundabout intersection have been submitted to the Department of Public Works. The plans have not yet been approved, as final subdivision approval is still pending. Tentative subdivision approval was granted on April 5, 2007, and by letter dated September 23, 2009, a two -year extension of time was granted for the filing of the final plat map. Subsequently, an additional four -year time extension to April 5, 2014 was granted to file the final plat map. Thus, the applicant has made a good faith effort in complying with conditions of Ordinance No. 07 127. Granting of the time extension would not be contrary to the General Plan or Zoning Code. When the original ordinance was approved in 1990, the project area was designated Extensive Agricultural under the 1989 General Plan LUPAG Map. The area was rezoned to Residential Agricultural 1 -acre (RA-1a) and Open to allow for the development of the Highlands Golf Estates, consisting of approximately 400 one -acre 2 lots and a golf course. The plans for the golf course have been abandoned over community concerns. The 2005 General Plan designates the area as Rural and Open, reflecting the approved zoning. Therefore, the request would not be contrary to the changes within the 2005 General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawai`i (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area is "E ", or "Very Poor." From a land use perspective, it is a reasonable alternative to create a residential - agricultural subdivision on these non - productive lands within close proximity to Waikoloa Village. While the requested amendment to Condition B also includes the deletion of language tied into the submittal of plans for off -site roadway improvements and its phased implementation, the required off -site improvements to Waikoloa Road and its intersections with the subdivision access roads are still required as detailed within Condition C. The Department of Public Works expressed concern regarding the option of bonding the required off -site and intersection improvements to Waikoloa Road as required by Condition C to avoid potential conflicts with new lot owners attempting to occupy their homes. The requested amendment to Condition B eliminates the restriction that occupancy of homes be restricted until these off -site roadway improvements are complete. We support this amendment since it offers a reasonable option to the applicant that is afforded to any other subdivider to coordinate the construction of infrastructural improvements while accommodating the option of lot sales. Subdivision agreements and its associated surety are typically limited to a period of no more than a year since the intent of subdivision bonding is to allow for a reasonable deferral of subdivision improvements to accommodate advance lot sales. These subdivision agreements are not meant to delay the installation of infrastructural improvements beyond that period where demand for these services are realized once lots are sold. But the sales of lots and the construction of homes all take time, typically much more than the one year time period normally offered under a subdivision agreement. Other concerns from DPW regarding 3 by the County;] Final Subdivision Approval for not less than 50 lots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision Approval for the entire project shall be secured within ten (10) years of the effective date of this new amendment. C. Access shall meet with the requirements of the Department of Public Works. Direct vehicular access to Waikoloa Road shall be limited to two roadways from the project site. These accesses shall be fully channelized with dedicated left and right turn deceleration and acceleration lanes on Waikoloa Road. Waikoloa Road -Pua Melia Street - Paniolo Avenue intersection shall be channelized and improved by a "roundabout" system meeting with the requirements of the Department of Public Works. The first channelized intersection improvements on Waikoloa Road together with other improvements required by the Department of Public Works based upon a current Traffic Impact Analysis Report shall be provided in conjunction with final subdivision approval of the first increment of no less than fifty (50) lots, or as otherwise provided by Chapter 23 (Subdivisions). The second channelized intersection improvements on Waikoloa Road shall be provided prior to or in conjunction with the opening and use of the project's second access required for Phase II. Any necessary additional right -of -way for the intersection improvements shall be dedicated to the County, at no cost to the County, prior to Final Subdivision Approval, creating any single - family residential lots. The applicant shall also provide a 10 -foot wide future road widening and grading setback along the Waikoloa Road frontage of the subject property; D. To the extent practical and reasonable, the subdivision roadways within and connecting up to and along the project site's frontage with Waikoloa Road, including the intersection of Waikoloa Road, Pu'u Melia Street and Paniolo Avenue should incorporate multi -modal connectivity improvements as recommended by the South Kohala Community Development Plan meeting with the approval of the Department of Public Works. [a] E. 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, 5 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 final subdivision approval; [l] F. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; [F,] G. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of final subdivision approval; [G] H. A water system meeting with the Department of Water Supply shall be provided or bonded prior to issuance of final subdivision approval. At no cost to the county, the water system shall include the construction of on and off -site water reservoir(s), appropriate transmission system to and within the subject site, and other related appurtenances. Said system shall also include provision(s), such as a separate irrigation meter or system throughout the subdivision, to monitor and control excessive use of potable water for irrigation. [1=1:1 1. Comply with all applicable County, State and Federal laws, rules, regulations and requirements; [b] J. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each 1 -acre lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; - district.] Prior to the submittal of plans for a grading or any associated permit for a golf course to the County for review and approval, the applicant shall consult 6 with the Waikoloa Village Association and the County Council relative to the timing and propriety of such use. This condition, except for the consultation requirement for any golf course, may be waived by the Planning Director, after consultation with Corporation Counsel, if an appellate judicial decision, or substantive change to Chapter 205, Hawaii Revised Statutes, clearly establishes the legality of this project in the Agricultural State Land Use district, including the residential uses of the lots; L.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 be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of ($10,368 71 $12.772.64 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 single - family residential unit shall be allocated as follows: • [$4,°m- .9991] $6,159.19 per single- family residential unit to the County to support park and recreational improvements and facilities; • ($24120] $297.12 per single - family residential unit to the County to support police facilities; • ($476.39] $586.85 per single- family residential unit to the County to support fire facilities; • [$3883] $256.93 per single - family residential unit to the County to support solid waste facilities; • [$4,44338] $5472.55 per single- family residential unit to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements /facilities related to parks and recreation, which may include a multi - purpose community center, fire, police, solid waste disposal facilities and roads 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; MM. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; [l]N. An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; [N.]O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation." 8 11 1 WAIKOLOA MAUKA, LLC AMENDMENTTO CHANGE OF ZONE ORDINANCE NO. 07 1.27 (REZ 678) NMI Waikoloa Village Conceptual Plan (From the South Kohala Community Development Plan) talitstrww _ V rAW'r.:, '1,9[5+4 PS.. 27 15,1Y.1te5 Kt-0a ' -M11 KaY 256 AGM 5 156 uvr.: Awry 4 np kt. �4 f'A CeL 16 C PORTION) 2.400 AGkt5 /tiil' >if Pfl L 5 3,o44 Kle5 AG--5a tiouth Knhala L LW ik 4pa Village Conceptual flan MAO. r°Nt orrl,tnn Blue 1Paa . Manned DetskoNunit Red "text COP Ornceps The applicant is requesting: • An amendment to Condition B (secure final subdivision approval) of Ordinance No. 07 -127, which required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance, or September 20, 2012. • Condition B reads: • "Final Subdivision Approval shall be secured within five (5) years from the effective date of this new amendment. Plans for the off -site roadway improvements required in Condition C, shall be submitted no later than six months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and /or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted in lieu of the actual construction of required infrastructural improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." The applicant is requesting: • That Condition B be amended as follows: "Final Subdivision Approval for not Tess than 5o Tots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision Approval for the entire project shall be secured within ten (io) years of this new amendment." The reason for the request: The applicant states that due to current market conditions, the proposed subdivision could not be completed in the 5 -year period (until September 20, 2012) as stipulated in Ordinance No. 07 127. • The project is proposed to be developed in a minimum of eight (8) increments, with 50 lots proposed within five (5) years of this amendment, with a io -year completion date for the entire project: Proposed Subdivision Layout /Van/ WIMP WAIKOLOA DEVELOPMENT (FILE PLAN 1172) Cot 7 LZ II Vet r � p ( V. • � �Xf l5 f,f SW r. 04.1 _ \ ■ Lot 3 -A PRELIMINARY SUBOMSION OF LOT 2 -B BEING A PORTION OF LOT 2 OF'WNKOLOA DEVELOPMENT' (FILE PLAN 1172), SAME BEWO ALSO A PORTION LW ROYAL PATENT 5671, LAND COMMISSION AWARD 8521 -5, ANNA 1 TO C. A HUED MO PHASE I - LOIS 1 TO 149, INCLUSIVE AND ROADWAY LOT R -1; PHASE II - LOTS 150 TO 398, 94CI.USNE AND ROADWAY LOT R-2; LOTS 399 TO 404, INCLUSIVE; AND LOT 2-8-1 Al Mobs. $u16 1hM•• klW of 1••4 HAW LM ley Kos ON PMdn) f-1-016 -.M ty IS :or 2 -u-0 1,731.721 h;RES M■ M■ MIN NOIlb'dN3WW03321 Sc21017321Ia DNINNt/ld LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT NOVEMBER 15, 2012 A regularly advertised hearing on the application of WAIKOLOA MAUKA, LLC (Amend REZ 678) was called to order at 11:25 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Lani Bowman, Brandi Beaudet, Thomas Hickcox, Richard Nelson, III and Thomas Whittemore ABSENT AND EXCUSED: Wayne Iokepa ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Cottle (Planner), Kiran Emler (Department of Public Works, Engineering Division) and Noriko Sauer (Commission Secretary) And approximately 28 people from the public in attendance. APPLICANT: WAIKOLOA MAUKA, LLC (Amend REZ 678) Amendment to Condition B (Final Subdivision Approval) of Change of Zone Ordinance No. 07 127. The property, referred to as the proposed Waikoloa Highlands Subdivision, is located along the south side of Waikoloa Road and south - southeast of Waikoloa Village, Waikoloa, South Kohala, Hawai `i, TMK: 6 -8 -2: portion of 16. GIFFIN: Commissioners, we are now on Agenda Item No. 2. The applicant is Waikoloa Mauka, LLC. The application is an amendment, a request for an amendment to Condition B, Final Subdivision Approval, of Change of Zone Ordinance No. 07 127. Daryn? ARAI: Thank you. Once again, directing your attention to the location map on our presenter on the screen. Again, l believe you are familiar with the orientation of this map due to the previous application; but this time we are focusing on this property here located along the south, or Kona side of Waikoloa Road, which maintains zoning of Agricultural -1 a. The white line you see running from left to right on the screen is Waikoloa Road. And again, the area that we just considered, Hawaiian Riverbend, is located in this proximity here along the north side of Waikoloa Road. The applicant's, excuse me, this is a close -up of the project site. Again, it's the area outlined by the mustard color, which currently maintains a zoning designation of Agricultural -la, as well as some Open district classifications here indicated by the darker green color. This is the State Land Use District Boundary Map, which identifies the project site as maintaining a Rural classification that was secured by the applicant in 2005 from the state Land Use Commission. This is the General Plan Land Use Pattern Allocation Guide Map, which closely replicates the zone district map that I showed you earlier, showing a Rural designation as indicated by the mustard color, with Open classified, or Open designation shown in the dark green. This is the South Kohala Community Development Plan Concept Plan, and the project site is located here where my laser pointer is showing, and the Plan does already recognize the project site as an existing project. This is an aerial photo of the project site as outlined with the black line, and up to the top of the map, you'll see the existing Waikoloa Village. The applicant is requesting an amendment to Condition B in which to secure final subdivision approval. The current ordinance provides that the applicant secure final subdivision approval for the proposed 400 -lot subdivision by September 20, 2012. The applicant is requesting that the -. And that is the existing Condition B and I'm not going to read it to you verbatim, but I just wanted to indicate to you that aside from a deadline to secure final subdivision approval by September 20, 2012, there was additional language toward the bottom of the condition where it talks about constructing and dedicating the intersection improvements required by this particular ordinance, which is further specified within the subsequent Condition C, talks about the possibility of providing, entering into an agreement and bonding up the improvements meeting with the approval of the Director, and confirming that no occupancy permit for any lot within the property shall be secured until such time those improvements are provided or, let's see, "until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." So Condition B as shown here will be synthesized as proposed by the applicant and to the version you have up on the screen, which is basically asking for an additional five years in which to complete or secure final subdivision approval for the first phase of the project consisting of no less than 50 lots, and additional, I'm sorry, and ten years by which to complete construction of the entire 400 -lot subdivision development. The applicant states that the reason for the request is due to the current market conditions that prevented them from completing the subdivision by their September 20, 2012, deadline as stipulated by the existing change of zone ordinance. The applicant is proposing for the subdivision to proceed in eight separate phases with the first phase, again, to be completed within five years and consisting of no less than 50 lots, with the remain of the project within a ten -year time frame. This is a concept of the subdivision layout that was originally provided by the applicant in his request. I should note that we have just distributed to you an amended subdivision layout, which shows the more current version of the proposed subdivision, and more specifically you will note that there are two highlighted areas, which is basically depicting two specific access points for the proposed subdivision onto Waikoloa Road. And if I can use my laser pointer. The existing access is, well, not existing, the proposed access for the initial phase is being shown here, and on the revised map it will show a new, or an additional access point in this proximity here. This is a view of the project site from Waikoloa Road. This is looking makai along Waikoloa Road with the project site off to your left in this location here. Again, this is looking makai once again and this is the access point into Waikoloa Stables. This is looking makai and the intersection of Waikoloa Road is located in this proximity here. The Planning Director is recommending favorable consideration of this request for an extension of time. Let's see -. With that, we also provided you with another addendum, or supplement, to the Director's recommendation, and it's on a single sheet of paper identified as "Item No. 2, Waikoloa Mauka, LLC, Amendment to Condition B, Change of Zone Ordinance No. 07- 127." The proposed amendment is specifically highlighted in yellow and underscored. And what the amendment for is simply to clarify that the roundabout at the intersection of Waikoloa Road and Pua Melia Road must be provided in conjunction with final subdivision approval of the first phase of the development so we just wanted to make the provision explicitly clear. The proposed amendment that's highlighted in yellow reads, "This roundabout system, including the "; Public Works is asking that a minor tweak to the language be provided, which will now read, "this roundabout system and the first channelized intersection improvements" and so forth and so on. We have no objection to the 2 clarifying language. But with that, I have no further information for you, so I stand ready to answer any questions that you may have. GIFFIN: Thank you. Commissioners, any questions of Daryn? Daryn, I just wanted to clarify that this project has already been approved, and all we are doing today is entertaining a change in one of the conditions, correct? ARAI: That is correct. GIFFIN: Okay. Any other questions? Daryn, did you want to add? ARAI: And just to clarify that while the focus is on an extension of time, one of the requirements of the code is that we still do look at concurrency requirements, which is why the applicant, as part of the request, provided a traffic impact analysis report. And regarding water, there is an existing condition, which assures that the applicant is obligated to provide a water system meeting with Water Supply's approval. So with those two items being addressed, we believe it does satisfy the concurrency requirements. GIFFIN: All right. Thank you very much. Sid, since I've already sworn you in, I don't think that's necessary. But why don't you go ahead and give us some more additional background information? FUKE: Sure. Thank you very much, Madam Chair, again. GIFFIN: You're welcome. FUKE: First of all, tentative approval, as you had indicated, you know, the basic entitlement is already in place. The map that you showed over there, tentative subdivision approval has been granted. We, after the Council had approved the provision of second access where the staff kind of pointed out, then we submitted the revised map to the Council. The other thing I wanted to kind of more for clarification is that the Land Use Commission had -. You know, all of the zoning was in place and we got an amendment in 2007. They did as much as they could like doing the channelized intersection plans and related things, you know, associated with the project. But unfortunately, they didn't want to proceed aggressively in 2007 for two reasons: One was that, you know, it was, the market, there were indications that the market was beginning to turn south, and it really, you know, like came very strong in 2008, and the second reason was that they wanted to wait to see what the Land Use Commission was going to do. And the Land Use Commission finally decided in June 2008 that this property can be reclassified into the Rural district and we all know, not knowing what the Land Use Commission may require as additional conditions, they didn't want to proceed aggressively. Then 2008 came and then I think the rest is history, you know, in terms of the overall market, so -. The other thing is just to make clear, as the staff indicated, one is that the channelized intersections will be constructed, will be required at both of the intersections, and second is that there is a roundabout requirement that if the development goes as scheduled, and as recommended by the staff, it should be in at the very latest five years from now. GIFFIN: Okay. Commissioners, any questions of the applicant? I know you don't -. WHITTEMORE: Madam Chair? GIFFIN: I'm sorry. Tom. 3 WHITTEMORE: Just, Sidney, just for clarification, it seems both the prior item that we were dealing with and the current are both tied in to this roundabout. Who pulls the trigger first? FUKE: Whoever comes on line first. WHI rthMORE: So they bear the full burden then? FUKE: There is an agreement between Hawaiian Riverbend and Waikoloa Mauka that, you know, depends on who goes first like, just going to have to be like a cost sharing, you know, on that intersection because when they, when Hawaiian Riverbend had the consideration for the park and the commercial area, it was my statement to them that be prepared that, if Waikoloa Mauka, like this subdivision doesn't go through, there will be a requirement for a roundabout or some sort of improvements at the intersection; so both parties know going in that there is that obligation, so they are going to have to work it out who pays how much. WW1 it,MORE: Okay. GIFFIN: Any other questions? Lani. BOWMAN: Just a quick question. So the first phase is going to be -? Do they have any plans for the first phase, I mean, where? FUKE: Yeah, the first phase tentatively is designed to be like, you know, if you travel up and down on Waikoloa Road, you'll see there is like a nice rock wall that says like Waikoloa Highlands; that is the entrance for the lower section, and then the upper section is probably like about nearly a three - quarter of a mile or a mile away. BOWMAN: So the first phase will be makai. FUKE: The first phase will be just in this general area -. BOWMAN: Okay. FUKE: Because otherwise, you know, this is, you know, where the existing water infrastructure would have to be done, so it will be probably built kind of like around in that area. BOWMAN: Okay, thank you. GIFFIN: Any other questions? Hearing none, thank you, Sid. There are four people who signed up to testify on this agenda item, and they appear to be the same people, or the first four, that we had for the first agenda item. Will you please come forward, Robert Green, Bette Green, Richard Schulherr and Mary Wills Schulherr. And since I've sworn you all in, I don't think that's necessary to do it again. Mr. Green, may we please begin with you? R. GREEN: Thank you. GIFFIN: You're welcome. 4 R. GREEN: My name is Robert Green, and I guess I gave you my qualifications the first time I got up and I hedged my concerns. And another thing that, sitting back there, I've got this October 24, 2012, issue; this is what I worked on, and I spent a lot of time on this, and I went through and I looked through the whole site. And then what I'm finding here is that it seems that you want public contributions, but you changed the map; in other words, when I looked at that map, one of the major concerns that I had, and many hours of looking at this thing, I find that the second exit, or actually the third exit, that you finally put in for the second phase. Okay, now, that was not given to any of us. So what basically I think is that, you know, we, that we have the same information that, if we are going to be requested to contribute our opinions, we should have the good information. Now, because I always had basically the same concern I mentioned earlier; you only get half the information when you look at this. When you take a look at the exits that they're mentioning again, you find that they're greatly affected by the first phase where the traffic is. As you look across here, and you'll find on the upper left hand side, you see the two little lines out there, okay, that is a Stables road. Okay, then you go down, there is nothing there, and that is all the traffic involved with the new proposed shopping center. I don't have any problem with the shopping center because I think for a private enterprise, he has a right to make his own judgments, good or bad. But I do think that we need to have all the information out. And when I look at this proposal here, I see we completely eliminated — so you have to go really get into it and realize that, hey, that two little lines out there for reference is going to be the Stables road — there is no lines or reference or nothing as far as the new proposals. When you get off into the second exit onto the extension of Paniolo by the post office, you have another, the second entrance there, and what they do is they follow it through and they meet at a crossing, which is a point of that you have — I don't use that thing — so you have a single point of, and if anything happens at the intersection, the whole thing is kaput — no traffic out until Phase 2 is completed, see? And then when you look at that, Phase 2 is completed only with, only with the second, or the third, entrance that we were, I was not privy to when I did all my research, okay? Again, and another thing that I looked at that, I see, where are the cul -de -sacs? What I'm looking at is side streets. Because, you know, if you look at Paniolo, there are no houses on Paniolo; all the houses are off streets. Okay, then you turn left on Hulu, and you see that no houses on Hulu until you get over to the Sunset Ridge, and that's been a contention I guess we all know about. But anyway, hopefully we -. But if you look at this situation, you find nothing but side streets. Every street there's houses, excuse me, cars backed out or driven out of; you do not have a iwikuamo`o, or a spine, where you don't have all these houses directly to the road. If you look at that first exit, and in the morning when you are all set to go back -. And look at all those houses that you see along Paniolo. Where are their entrances? You know, you have, you see, we are looking at all those houses next to Waikoloa Road — I'm sorry, Waikoloa Road — see Waikoloa Road, you see a rail of houses next to Waikoloa Road, then you see another row of houses next to an inner road, which leads me to believe they are expecting to run all the traffic on Waikoloa Road. I don't know, you know, I'm just looking at the plans that I have, and it seems that there is some. -. I'm very concerned about that. You know, I think, not that I'm against it, I think, I think that the project should be given, time should be given because of economic situations, but I think the planning involved in this is really lacking, when you sit down and look at it. And also, I'm very concerned with is that I know and you know that the State is putting in an extension of Saddle Road. And we are all hoping that it bends over, on Alternate 3, I think it is, it touches the Waikoloa Road; that puts it pretty close to Pu`u Hina`i. And I think it'd be a really interesting fact if they, on that lower right hand side, they possibly had some area down there that they could extend to get another entrance, or exit, to the new highway that's going to cross. But, you know, I'm looking at those, so all these roads, as I said, all on no spine, no in- and -out, every road subject to a driveway, and we've got a 5 thousand people going to be living in there — 400 houses, two and a half per house, a thousand cars, or 800 cars, two cars per household. So I think that this needs to go back to the planning board. Now, there was some, now I'm going to kind of divert a little bit, then go to talk about round -out, because everybody talks about round -outs from the book. We had a gentleman here who talked about round -outs from personal experience. Let me talk about round -outs from personal experiences, okay? The first thing, Mauna Lani, great, fantastic, 1 love it, I love the round -out, okay? Then I go back to Annapolis, and in the back of the shopping center there is a very little used road with a round -out, roundabout, great — no traffic, roundabout's great. Now, go down West Street, and this is where you get traffic, and that is one hell of a mess, I hate it. I hate to go down there because it's dangerous; you're all steering to the right, you've got traffic coming to right, but then you've got pedestrians to the left. See, all your roundabouts basically are moving the pedestrians out on the right hand side, and people come in, and you are all looking to the left, and so when you have pedestrians running across, it -. A roundabout on a busy street is hell; roundabouts on a not -used street is great, it's fantastic. And I think that the Waikoloa Road is approaching hell as far as roundabouts are concerned. Now, in summary, I think it's great that they want the extension. 1 think because of economic situations, I think the County should be flex enough to allow developers to go with the economy. You know, when we got, when they got money, they can spend it; when they don't, they can't spend it, but they have plans and they have investment. So I think it's fantastic, and I think I will highly recommend that they give some leeway for economic conditions. Thank you. GIFFIN: Commissioners, any questions of Mr. Green? Director. LEITHEAD TODD: I just wanted to clarify, because you were talking about some of the lots abutting Waikoloa Road; there are specific conditions that they are not going to have access, the access to Waikoloa Road is limited to two points. So you won't have multiple driveways. R. GREEN: Now it's three. LEITHEAD TODD: Well, it's going to be -. R. GREEN: Three now. And I apologize because that's what's written inside -. LEITHEAD TODD: Well, it's the existing Melia Road and then the other two that come up the Waikoloa Road; the existing condition says that the development, other than Melia Road, which would become the third, is limited to two. The lots will not have individual driveways onto Waikoloa Road. R. GREEN: Yeah, I saw that. I apologize, because -. LEITHEAD TODD: Okay. I just, I just wanted to clarify that so that you don't think that there is multiple cars coming off of those lots. R. GREEN: No, no, I apologize. When 1 looked, when I kind of looked at the map -. And I apologize for that. I'd like to retract that statement. But -. GIFFIN: Thank you. I will. 6 R. GREEN: But I do think that we need some kind of road through there without individual backup driveways; like Paniolo, Hulu and Iwikuamo`o, I think those should set an example of spines going through a development area like this. Thank you. GIFFIN: All right. Commissioners, any other questions of Mr. Green? Hearing none, ma'am? Please state your name again. B. GREEN: I will. Bette Green, and I live in Waikoloa Village. And my original concern was the fact that this was just going to be another big cul -de -sac. On the morning when everybody was trying to get out at the T or the X that's over there in the first phase, if it ever gets backed up, those people will not get out. And that was really basically my concern was the ingress and exit. GIFFIN: Thank you. Commissioners, any questions of Mrs. Green? Hearing none, thank you. Ma'am? Please state your name again. M. SCHULHERR: Mary Wills Schulherr. GIFFIN: Thank you. M. SCHULHERR: Is this the development that has to have, in the first hearing, the first agenda item, is this the subdivision that says we need to give the County a park? GIFFIN: Oh, that's adjacent to the lot we voted on? M. SCHULHERR: Yes. GIFFIN: Yes. M. SCHULHERR: Can we look at this and there is no place in the beautiful development for a park, a park for our community? GIFFIN: You know, I think, and Daryn, where are you? Daryn, correct me, if I'm wrong. Correct me, if I'm wrong. The question by this testifier was, is there any space in the proposed property for a park. And my understanding is that the park site was already developed, suggested for across the street by the applicant for Agenda Item No. 1 and Agenda Item No. 2, and concurred to by the County councilman from that area, correct? ARAI: Maybe we can later bring the applicant's representative up to make sure I represented it correctly; but the councilman for the district simply indicated their support but, you know, confirmation is really going to occur when the park site is accepted and dedicated to the County. The applicant, what the applicant is doing is there is a fair share obligation upon this project, and in order to satisfy the fair share obligation in lieu of actually just paying moneys, they are going to actually provide a physical site. The location of it was vetted through numerous community meetings, speaking with the Department of Parks and Recreation, the councilman, Councilman Hoffmann. So where it ended up was really based on community input. Now, whether or not there is a site here within this property, that, only the applicant's representative can speak to; but it could raise the question about accessibility because it was meant to be a community park, it was meant to be in proximity to where people could easily access it. So although those things came -. 7 GIFFIN: Right, right. And this is across the street. ARAI: This is across the street, right. GIFFIN: Okay. Ma'am? M. SCHULHERR: My understanding then, from his answer, is that we will give Hawaii County a park, which will be accessible, according to the master development of the first agenda item, through a commercial area parking lot, because there is no place in this beautiful development for a park. I think that's a little bit shortsighted. And I would request that there be some accommodation for some of the children who will be living there to have an additional park, because it's going to be awfully difficult with the traffic situation for any of these people to enjoy the community park, that they will have to get through a commercial parking lot because there is no access to this proposed park that is dangled to the County of Hawaii in order to have this approved and go through. Again, I raise the concerns: We do need a traffic circle, a traffic light or some easement of that development or adjacent to the intersection of Paniolo, excuse me, Waikoloa Road, Pua Melia, which is the other side of Paniolo Avenue. I don't want these people to have the same situation we have; if there is going to be a wild fire, and there are many, how are they going to get out, if they're going to have to go through the same congested intersection, Waikoloa Road, Paniolo Avenue, Pua Melia Street? GIFFIN: Thank you. Commissioners, any questions? Hearing none, sir? Would you please state your name again. R. SCHULHERR: Absolutely. Richard Schulherr. I'm a resident of Waikoloa Village. I have several concerns about this project, and one of my concerns does come back to this traffic circle because there seems to be a feeling that we are going to separate pedestrians from the traffic circle, but somehow magically no one is going to have to stop their truck. They are going to drive along the road, though they are not going to have to stop for pedestrians; I guess we are going to put in an over -path or an under -path or, I don't really know what. But there is really no provisions have been made for pedestrians to get to cross the road. And you are putting a park across the road from this division, and the park is located in, as the gentleman on the other, a traffic nightmare. And I'm very confused as to why the entrance to this development -. I'm not against the development. Let me make that clear. And I'm not against development in general; I'm against ill - considered development. And my problem with this program is that it had, it's looking for an extension now, it already had five years, and I understand that there are economic decisions to make people not to start the projects; however, that doesn't stop them from planning them well, and if you have a delay in your project. I don't see why you can't plan it better so it has more efficient and safe egress for people from problems, fires, whatever may come along. I don't understand why they don't have better access to this so- called park which, let me be quite frank, is a deal so they get this. The park is supposed to be an enjoyable thing; it's not supposed to be a kid killer. You have Waikoloa Road, which at present is 35 miles -an -hour speed limit. I'm from New York City, and in New York City the speed limit in general, the limit is 35 miles -an -hour, and there is a very specific reason for that; if you get hit by a vehicle going 30 miles an hour, your chances of surviving are 80 percent; if you get hit by a vehicle going 40 miles an hour, your chances of surviving are more like 20 percent. And I'd say that again, if anybody doesn't, I'll be glad to repeat it, it's very simple; it's going to be a kid killer. You are going to have kids on bikes, they are going to be walking along. People barrel 8 through that intersection as fast as they can anyway right now. And for some reason there seems to be a desire to create a traffic nightmare. It's not responsible development. The other concern I have is that this development is going to share the water from the Village, and that there is not enough water. The water is going to have to be hauled in. And my concern as a resident of the Village is, who is going to make sure this keeps happening? We are going to have to rely on some corporation, which may go bankrupt or disappear, in order to keep hauling water; so ten years down the road or 20 years down the road, are we going to be in a water situation because this development, you know, because they don't want to supply water anymore? It's trying to make a problem. Thank you very much. GIFFIN: You're welcome. Commissioners, any questions? Director. LEITHEAD TODD: I just want to say that I'm not necessarily a fan of roundabouts, but the roundabout is in the original ordinance, and there is a segment of the population on this island, including people who live in Waikoloa, that expressed their interest in having a roundabout at that intersection. And there are also a number of people who, you know, reputedly have traffic backgrounds that advocate roundabouts all the time whether it's appropriate or not. Really to a great extent when something is coming through our Department, and it's a time extension, then we are just looking at that issue. The issue of the roundabout is really something that has to be addressed with the Council, with the Department of Public Works, and perhaps with your newly elected representative of this area, who I see sitting in the back of the room. What I was talking about the trucks was, I was saying that the information that I had been given was that there was a preference for some of the trucks going through, that they preferred a roundabout because they didn't want a signalized intersection. I happened to like signalized intersections for pedestrians. Because I've seen some roundabouts on the mainland that after a while they put signals on every piece. In the DC area when they planned it, you had a roundabout, and I got there and I was like, wow, every piece of the roundabout wasn't really functioning like a roundabout because there were traffic lights at every piece — I was thinking about Dupont Circle in particular — because that was how they ended up having to control the traffic at the roundabout. So it really is a function of where it's located, whether it's appropriate in the amount of traffic. But there is a segment of the population here that is in love with roundabouts. And so I think the discussion has to be had in the community and with the County Council in particular and people who developed the Community Development Plans whether this is an appropriate place for it. What we are doing is we are just trying to deal with the conditions that have already been imposed, and the request in front of us is primarily just a time extension and not an amendment to the other conditions. So I just wanted to clarify that. But I agree with a lot of what you have said, because I'm not entirely convinced personally that this is an appropriate place for a roundabout. But it's in the plans, it's what a lot of people in the community, as the plans were being developed, came out and said that this is what they wanted. So you may find yourself to be the salmon swimming upstream in this in terms of the input that you'll get from the rest of the community. R. SCHULHERR: I do, if I may -. GIFFIN: Any other comments for the testifier? Sir, did you want to say anything else? R. SCHULHERR: l just want to say l wish the Commission and the people who are proposing this project would step back for a minute and try to get the big picture. They've been given a rare opportunity for an extension, if this is approved, and I'm sure it will be, and I wish they would 9 make use of it and I wish that our representatives and the zoning council and whoever else would try to hold these people's toes to the fire a little bit, for a lack of a better word, because they practice obfuscation, they practice spin, they make the maps look so everything is beautiful for them. I understand that; people do this all the time, that's just business, it ain't no big thing. But it's the irresponsible planning that's going on. I don't understand why the entrance has to be at Paniolo Avenue for this development. I don't understand why it can't be up the road, and that's where their main entrance is. And then it's a separate traffic problem from the traffic problem down the road where we are already putting in, trying to put in another commercial center. There is a commercial center there. 1 was here for the tsunami; Paniolo Avenue had cars going a quarter mile down the road at least, trying to get gasoline. This is one, is now one way in Paniolo Avenue that's no longer available for exiting from the area. And I don't know if the Police were called, but I know there was a lot of problems over there at that time. And, you know, I'm concerned about fire. I don't like Queen Victoria; I don't want to end up burned up dead. Thank you. GIFFIN: You're welcome. Commissioners? All right. Ma'am? M. SCHULHERR: If I may -. GIFFIN: Sure. M. SCHULHERR: If the entrance is going to be right near where the Stables are and, back to Agenda Item 1, the only entrance to the development that's going to be commercial would be off of Paniolo Avenue right - turn -only in and right- turn-only out, how the people who are going through the roundabout get to the commercial area, which — those two little lines represent where the Stables will be — if they are in the roundabout and they go up to Waikoloa Road, won't they have to make a left turn into that two little lines, which indicate where the strip part of the commercial property would be? Or will they go through the roundabout, go to Paniolo Avenue and use the one road to get into the commercial area? There has to be the roundabout, I understand, until such time as they will have the left-turn lane for people traveling from Paniolo to Waikoloa Road — that would mean a five -lane intersection, because you'll have to have some left-turn access onto Paniolo Road. You'll also need to increase the lanes at Waikoloa Road to accommodate those who bypass the proposed traffic circle and go to Waikoloa Road and make a left somewhere near the strip mall that's going to be near the entrance to, near the Stables. It just seems to be an awful lot of congestion to an already congested area, and as I mentioned, the sole exit for all of our Waikoloa Hills residents. Thank you for your time. GIFFIN: Thank you for your comments, and you are excused, the four of you. I'm going to ask the applicant to come back. And I know that you've heard most of the comments that were expressed, and you may want to spend some time addressing it. FUKE: Sure, I'll be very brief. GIFFIN: All right. FUKE: First of all, I think that what Mr. Green talked about, like possibly having, you know, in the interests of connectivity, maybe another access on the south side of the property, and 1 think that can be kind of worked out internally between the Planning Department and the developer. And this is like a longtime project, so I think that the concept can be broached further. And I think it's a good idea, particularly if the Saddle Road extension kind of like falls along that area, But my 10 understanding is the extension is going a little bit further south. I think like prior to, you know, this Striker Brigade or whatever, you know, it was going to get pretty close, but nevertheless, I think it's a good concept that can be explored. The other one, as far as — it has nothing to do with this — but the mauka -bound traffic on Waikoloa Road, you know, going back again to the Riverbend project, there will be a requirement that there be a dedicated left -turn lane going into the Riverbend project from Waikoloa Road; so if you are going through the roundabout and you are heading mauka, then there is a requirement there is going to be a dedicated left -turn lane, so it doesn't force you to go through the roundabout, go on Paniolo and make a right turn. Finally, on the issue about the park, you know, the developer is trying to satisfy their park, their fair share requirement for the park. This is a 760 -acre site. Formerly it was going to be used for a golf course. They've got 380, 390 Lots proposed. They have about roughly 250 acres of open space land, so the area that was formerly set aside for the golf course could easily have been translated for a park and be utilized to satisfy the developer's fair share obligation. But they said, "no, what we want to do is work with the community," because having a park at this particular location would benefit these residents, but would not necessary benefit the entire community; so the developer said, "fine, let us try to satisfy that obligation elsewhere where the community wants." And so that's where it settled. So as far as the balance of the property, you know, where the former golf course is going to be, is still going to be open; the idea behind, the concept that the developer has right now is to just leave that as natural and use that as a walking path, nothing active, as a passive park. GIFFIN: Commissioners, any questions of the applicant? Lani. BOWMAN: I just have a comment, being a mother of nine and, you know, going to different parks. I hear at Waikoloa it's like, can the kids get there, can they ride their bikes? But, you know, other areas, other villages or towns, a lot of them are not accessible by the kids riding their bikes. So I just think that having another park there would be beneficial for the entire Waikoloa community. Thanks. GIFFIN: Any other questions? Sid, there was some comment about the water, and whether or not this subdivision would absorb all of the water that the system now has available to it. Would you address that? FUKE: Sure. The water, it's a private water company over there, and it's kind of owned and controlled by this Hawaii Water Services, and then they in turn have like two separate companies: One is called Waikoloa Water Company and then the other one is Waikoloa, I mean, Waikoloa Water Company and the other one is Waikoloa Sewer Company. And so these are like PUC, Public Utility Commission approved. Now, as far as the water system, they need, according to the PUC, you know, the company, the water company has a legal obligation to provide water to this respective properties, and the funding and the development of this water system would be the responsibility of the water company. What the applicant has to do is pay what is called like a CIAC fee, which is the equivalent of like a facilities charge. CIAC is an acronym for "Contribution in Aid of Construction" fee. And then their fee is not like $5,000 or $6,000 per unit, and it is not based like 600 gallons per day; it's predicated upon what a water company determines that you might need for your property. So the developer and the water company have been kind of like going back and forth in terms of, you know, how much water is really required per lot; the water company is saying that "you require 1,000 gallons," and then so the developer is saying on the other hand, "the 11 County is only requiring 600 or 400 gallons, you know, like maximum 600 gallons per day, why are you saying we need 1,000 gallons." But, so that's kind of like a big question mark. And the CIAC is a function of how much gallons a project, or a lot, is proposed to have. So right now it's like about $25,000 to $30,000, and so if you multiply that roughly by 400, you know, that's a significant amount. But the bottom line is that it's the water company that has the obligation to provide the necessary improvements, and over and beyond the CIAC fees, if the project needs like the construction of a new well, the difference would have to be absorbed by the developer. So what the developer in terms of the water system, they need to have like a reservoir that would have to be at least 100 feet above of the elevation Iine; so they have also looked at having water tank sites not only on this side to service the makai side but also like further mauka. Fortunately, they own properties for the mauka. GIFFIN: Right, right, okay. Once again, Commissioners, any questions? Hearing none, thank you, Sid. Commissioners, I'd just like to reiterate that this agenda item is simply an amendment to Condition B for final plan (sic) approval for the Change of Zone originally, the number was 07 127, Rezoning 678, No. 678. Any discussion on this agenda item? I want to reiterate that there was also a proposed change by the Department that concern Agenda Item C, I'm sorry, Condition C. Any more comments? Do I sense that there is anyone who would like to make a motion? Lani. BOWMAN: If I can do this right. I move that we approve the amendment to Condition B, final subdivision, of Change of Zone Ordinance No. 07 127 -. GIFFIN: Along with. BOWMAN: Along with the — okay, help me. GIFFIN: Condition starting on Page 4 of the recommendation. BOWMAN: Thank you. With the inclusion of "This roundabout system and the" be added, okay; the amendment, so the amendment to Condition C that includes, "The roundabout system and the" be added. GIFFIN: Do I hear a second? BEAUDET: Second. GIFFIN: It has been moved by Commissioner Bowman and seconded by Commissioner Beaudet that a favorable recommendation be forwarded to the County Council regarding an amendment to Condition B, the final plan (sic) approval, for the Change of Zone Ordinance No. 07 127, which also included the recommendations by the Department and an amendment that included the change to Condition C. Daryn, did I cover everything? ARAI: I believe you did by just making reference to the Director's recommendations, which also includes not only adjustments to, amendments to Condition B, but you may note in your goldenrod recommendation there are several amendments to other conditions that were predicated on -. GIFFIN: Oh, you are right. I apologize. You are absolutely right, Daryn. 12 ARAI: Right, so, predicated on comments that we received from the reviewing agencies in response to this amendment request. GIFFIN: Right, right, and so there were major changes. I'm sorry, Daryn. Any other discussion? Hearing none, Daryn? ARAI: Commissioner Bowman? BOWMAN: Aye. ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with six aye votes. GIFFIN: Thank you very much. The discussion ended at 12:15 p.m. Respectfully submitted, Noriko Sauer, Secretar Leeward Planning Commission 1 3