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HomeMy WebLinkAboutCOM 0232.000 2014-2016William P. Kenoi Mayor County of Hawaii Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director Office of the Mayor 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 March 20, 2015 Dru Kanuha, Council Chair© r� and Members of the County Council County of Hawaii N �' 25 Aupuni Street c Hilo, HI 96720 prn $ Dear Chairman Kanuha and Members: SUBJECT: Change of Zone No. 738 (REZ 738, Docket No. 91-000013) Applicant: Moaniala Holdings, LLC Request: Amendment to Conditions B (Water Commitment Payment), C (Time Extension to Secure Final Subdivision Approval for Remaining Phases and Deletion of a Construction Bond to Construct the Kupulau Street Extension), D (Construction of Kawailani Street and Kupulau Street Extension), and H (Fair Share Credits for Road Improvements) of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, Which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A -20a), Agricultural -10 Acres (A -10a), and Agricultural -3 Acres (A -3a) to Residential and Agricultural -1 Acre (RA -1 a) Tax Map Key: 2-4-082:001-056, 58-61 (formerly 2-4-008:por 014 and 026) As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above -referenced request. cerely, 1 _ WILLIAM P. KENOI Mayor Enclosures cc: Planning Department MTiansCounci 1MoanialaREZ73 8 .,1\ 3%5 County of Hawaii is an Equal Opportunity Provider and Employer Comm. No. a 3X Ref. To. 1P (_ Ref. Date AR 2 3201L County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 March 20, 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: Change of Zone No. 738 (REZ 738, Docket No. 91-000013) Applicant: Moaniala Holdings, LLC Request: Amendment to Conditions B (Water Commitment Payment), C (Time Extension to Secure Final Subdivision Approval for Remaining Phases and Deletion of a Construction Bond to Construct the Kupulau Street Extension), D (Construction of Kawailani Street and Kupulau Street Extension), and H (Fair Share Credits for Road Improvements) of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, Which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A -20a), Agricultural -10 Acres (A-IOa), and Agricultural -3 Acres (A-3 a) to Residential and Agricultural -1 Acre (RA -1 a) Tax Map Kew 2-4-082:001-056, 58-61 (formerly 2-4-008:por 014 and 026) The Windward Planning Commission, at its duly held public hearing on March 5, 2015, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 08 115. The property is located along the south side of the Puainako Street Extension, southwest of the Sunrise Estates Subdivision, Increment I, Kukuau 1st, South Hilo, Hawai ❑ i. Hawai `i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests amendments to Condition B, C, D and H of Change of Zone Ordinance No. 08 115, which amended Change of Zone Ordinance No. 93 36. The specific amendments follow. Material to be deleted is bracketed; new material is underscored. Proposed Amendment to Condition B (water commitment payment): B. The required water commitment payment for the remaining phases of development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the [date of approval of the amended change of zone] completion and acceptance of the Pi`ihonua-Kukuau Transmission Line Project by the Department of Water Supply and Water Board. The applicant shall pay installation and facilities charges as required by the Department of Water Supply. The applicant is requesting to amend Condition B (water commitment payment) to change the timing of payment of water commitment fees for the remaining phases of development until after the Pi`ihonua-Kukuau Transmission Line Project is completed. This water transmission line project is needed in order to provide water to the site for development of the remaining phases. The condition currently requires payment of the water commitment fees within 180 days from the effective date of Change of Zone Ordinance 08 115. Proposed Amendment to Condition C (time extension to secure Final Subdivision Approval for remaining phases and deletion of a construction bond to construct the Kupulau Street extension): C. Final Subdivision Approval for the remaining phases of the development shall be secured within five (5) years from the completion and acceptance of the Pi`ihonua-Kukuau Transmission Line project by the County Department of Water Supply and Water Board or ten (10) years from the effective date of this amendment, [provided further, that for the construction of the Kupulau Street extension, final subdivision approval shall be granted upon the developer posting a construction bond of $3.5 million, after it has been determined by the Planning Director, in consultation with the Department of Public Works, that the Dru Kanuha, Council Chair and Members of the County Council Page 3 topography allows the construction of the Kupulau Street extension without significant changes to the construction plans for the remaining subdivision infrastructure, and that upon approval of firm construction estimates for the Kupulau Street extension, the bond amount shall be increased or decreased accordingly] whichever occurs first. In either event, residential occupancy on any of the lots shall not occur until the necessary on and off-site water infrastructure has been completed. The current deadline to secure subdivision approval was September 10, 2013. The change to this condition would grant the applicant a time extension to secure Final Subdivision Approval for the remaining phases to 5 years after the water transmission line project is completed or 10 years from the effective date of this amendment, whichever occurs first. Additionally, the applicant is requesting to delete the requirement to post a $3.5 million construction bond for the Kupulau Street extension improvements that are required in Condition D. Proposed Amendment to Condition D (construction of Kawailani Street and Kupulau Street extensions): D. The Kawailani Street extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. This street extension shall be [fully graded at a vertical alignment meeting with the approval of the Department of Public Works] constructed to County dedicable standards in conjunction with Final Subdivision Approval affecting this phase of the subdivision. The fight -of -way and improvements therein shall be dedicated, at no cost, to the County. The portion of the Kupulau Street extension [from Puainako Street to the southern property line] within the subject propgIly and up to the drainage easement adjacent to the Puainako Street extension shall be constructed to county dedicable standards meeting with the approval of the Department of Public Works[,] in conjunction with Final Subdivision Approval affecting this phase of the subdivision and shall serve as an additional ingress/egress for the subdivision. The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. and Puloku St. to the county at no cost. The right-of-way, including that portion of the drainage easement adjacent to the Puainako Street extension, and improvements therein shall be dedicated to the County at no cost. Dru Kanuha, Council Chair and Members of the County Council Page 4 The applicant requests to amend Condition D in order to modify roadway improvement requirements. Specifically, the applicant is proposing to construct the Kawailani Street extension to county dedicable standards rather than simply grading the right-of-way. Regarding Kupulau Street, the current condition requires that the applicant construct the entire Kupulau Street extension from Puainako Street to the southern property boundary to county dedicable standards. With this amendment the applicant would construct the Kupulau Street extension, except for the portion that crosses the drainage easement that runs parallel to Puainako Street. A bridge would need to be built over the drainage easement in order to connect Kupulau Street to Puainako Street. The applicant has indicated that the estimated cost of $3.5 million to build the bridge is an inequitable and excessive burden to place on one developer for a regional road improvement. The changes to this condition also clarify that the timing of road construction would be concurrent with the phases.of development. The Kawailani Street extension is situated in the portion of the property being developed as Phase II and the Kupulau Street extension is situated in the portion of the property being developed as Phase III. Proposed Amendment to Condition H (fair share credits for road improvements): H. 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 Subdivision Approval [or within five years from the effective date of this amended change of zone ordinance, whichever occurs first] for that phase of development. 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 $[11,506.13] 13,312.70 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: Dru Kanuha, Council Chair and Members of the County Council Page 5 • $[5,548.4616,419.62 per single-family residential unit to the County to support park and recreational improvements and facilities; • $[267.661309.68 per single-family residential unit to the County to support police facilities; • $[528.661611.66 per single-family residential unit to the County to support fire facilities; • $[231.45] 267.79 per single-family residential unit to the County to support solid waste facilities; • $[4,929.9015,703.94 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, 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, provided however, that the estimated cost of constructing the Kupulau Street extension and the Kawailani Street extension on the subject property [in the amount of $3.5 million as provided in Conditions "C" and "D",] to dedicable standards meeting with the approval of the Department of Public Works and the fair market value of the land for the rights-of-way for the Kupulau Street Extension Kawailani Street Extension, and Kukuau Street Extension to be determined by independent appraisal, as provided in Condition "D" shall be credited to offset the full amount of the fair share for the road and traffic improvements for that phase of development by the Planning Director, without further approval of the County Council. Currently Condition H provides for a $3.5 million credit associated with construction of the entire Kupulau Street extension on the property to offset the fair share contribution requirement for roads. The applicant requests an amendment to Condition H to modify the roadway improvements that will receive a credit to offset the fair share requirement. The applicant proposes credits for constructing the Kawailani Street extension and Kupulau Street extension as well as the value of the land for the Kupulau Street extension, Kawailani Street extension, and Kukuau Street extension rights-of-way. Additionally, this amendment updates the condition with the current fair share contribution rates and clarifies that the contribution is to be made prior to Final Subdivision Approval for each phase. Dru Kanuha, Council Chair and Members of the County Council Page 6 For your favorable consideration, an amendment to Ordinance No. 08 115 is herewith transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Rayle e Moses, Chairman Pro Tem Windward Planning Commission LMoanialaholdingsamendREZ73 8 wpc2 Enclosures cc: Mr. Sidney M. Fuke, Planning Consultant Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD William Brilhante, Esq., Assistant Corporation Counsel BMoanialaAmendREZ.doc 2/25/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MOANIALA HOLDINGS, LLC (FORMERLY HILO HILLSIDE CORP) AMENDMENT TO CONDITIONS B, C, D AND H CHANGE OF ZONE ORDINANCE NO. 08115 (REZ 738) MOANIALA HOLDINGS, LLC requests an amendment to Conditions B (water commitment payment), C (time extension to secure Final Subdivision Approval for remaining phases and deletion of a construction bond to construct the Kupulau Street extension), D (construction of Kawailani Street and Kupulau Street extensions), and H (fair share credits for road improvements) of Change of Zone Ordinance 08 115, which amended Ordinance 93 36, which rezoned approximately 170 acres from Agricultural -20 acre (A -20a), Agricultural -10 acres (A-l0a), and Agricultural -3 acres (A-3 a) to Residential and Agricultural -1 acre (RA -la). The property is located along the south side of the Puainako Street Extension, southwest of the Sunrise Estates Subdivision, Increment 1, Kukuau I", South Hilo, Hawaii, Tax Map Keys 2-4- 082:001-56, 58-61 (formerly 2-4-008: por 014 and 026). PROPOSED ACTION Request: The applicant requests amendments to Condition B, C, D and H of Change of Zone Ordinance No. 08 115, which amended Change of Zone Ordinance No. 93 36. The specific amendments follow. Material to be deleted is bracketed; new material is underscored. Proposed Amendment to Condition B (water commitment payment): B. The required water commitment payment for the remaining phases of development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the [date of approval of the amended change of zone] completion and acceptance of the Pi`ihonua-Kukuau Transmission Line Project by the Department of Water Supply and Water Board. The applicant shall pay installation and facilities charges as required by the Department of Water Supply. -1- Re: Bill 38/Comm. 232 The applicant is requesting to amend Condition B (water commitment payment) to change the timing of payment of water commitment fees for the remaining phases of development until after the Pi`ihonua-Kukuau Transmission Line Project is completed. This water transmission line project is needed in order to provide water to the site for development of the remaining phases. The condition currently requires payment of the water commitment fees within 180 days from the effective date of Change of Zone Ordinance 08 115. Proposed Amendment to Condition C (time extension to secure Final Subdivision Approval for remaining phases and deletion of a construction bond to construct the Kupulau Street extension): C. Final Subdivision Approval for the remaining_ phases of the development shall be secured within five (5) years from the completion and acceptance of the Pi`ihonua-Kukuau Transmission Line project by the County Department of Water Supply and Water Board or ten (10) years from the effective date of this amendment, [provided further, that for the construction of the Kupulau Street extension, final subdivision approval shall be granted upon the developer posting a construction bond of $3.5 million, after it has been determined by the Planning Director, in consultation with the Department of Public Works, that the topography allows the construction of the Kupulau Street extension without significant changes to the construction plans for the remaining subdivision infrastructure, and that upon approval of firm construction estimates for the Kupulau Street extension, the bond amount shall be increased or decreased accordingly] whichever occurs first. In either event, residential occupancy on any of the lots shall not occur until the necessary on and off-site water infrastructure has been completed. The current deadline to secure subdivision approval was September 10, 2013. The change to this condition would grant the applicant a time extension to secure Final Subdivision Approval for the remaining phases to 5 years after the water transmission line project is completed or 10 years from the effective date of this amendment, -2- whichever occurs first. Additionally, the applicant is requesting to delete the requirement to post a $3.5 million construction bond for the Kupulau Street extension improvements that are required in Condition D. Proposed Amendment to Condition D (construction of Kawailani Street and Kupulau Street extensions): D. The Kawailani Street extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. This street extension shall be [fully graded at a vertical alignment meeting with the approval of the Department of Public Works] constructed to County dedicable standards in conjunction with Final Subdivision Approval affecting this phase of the subdivision. The right-of-way and improvements therein shall be dedicated, at no cost, to the County. The portion of the Kupulau Street extension [from Puainako Street to the southern property line] within the subject pro, ert and nd up to the drainage easement adjacent to the Puainako Street extension shall be constructed to county dedicable standards meeting with the approval of the Department of Public Works[,] in conjunction with Final Subdivision Approval affecting this phase of the subdivision and shall serve as an additional ingress/egress for the subdivision. The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. and Puloku St. to the county at no cost. The right-of-way, including that portion of the drainage easement adjacent to the Puainako Street extension and improvements therein shall be dedicated to the County at no cost. The applicant requests to amend Condition D in order to modify roadway improvement requirements. Specifically, the applicant is proposing to construct the Kawailani Street extension to county dedicable standards rather than simply grading the right-of-way. Regarding Kupulau Street, the current condition requires that the applicant construct the entire Kupulau Street extension from Puainako Street to the southern property boundary to county dedicable standards. With this amendment the applicant would construct the Kupulau Street extension, except for the portion that crosses the drainage easement that -3- runs parallel to Puainako Street. A bridge would need to be built over the drainage easement in order to connect Kupulau Street to Puainako Street. The applicant has indicated that the estimated cost of $3.5 million to build the bridge is an inequitable and excessive burden to place on one developer for a regional road improvement. The changes to this condition also clarify that the timing of road construction would be concurrent with the phases of development. The Kawailani Street extension is situated in the portion of the property being developed as Phase II and the Kupulau Street extension is situated in the portion of the property being developed as Phase III. Proposed Amendment to Condition H (fair share credits for road improvements): H. 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 Subdivision Approval [or within five years from the effective date of this amended change of zone ordinance, whichever occurs first] for that phase of development. 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 $111,506.13113,312.70 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- • $[5,548.4616,419.62 per single-family residential unit to the County to support park and recreational improvements and facilities; • $[267.661309.68 per single-family residential unit to the County to support police facilities; • $1528.661611.66 per single-family residential unit to the County to support fire facilities; • $[231.451267.79 per single-family residential unit to the County to support solid waste facilities; • $[4,929.9015,703.94 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, 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, provided however, that the estimated cost of constructing the Kupulau Street extension and the Kawailani Street extension on the subject property [in the amount of $3.5 million as provided in Conditions "C" and "D"J to dedicable standards meeting with the approval of the Department of Public Works and the fair market value of the land for the rights-of-way for the Kupulau Street Extension Kawailani Street Extension and Kukuau Street Extension to be determined by independent appraisal, as provided in Condition "D" shall be credited to offset the full amount of the fair share for the road and traffic improvements for that phase of development by the Planning Director, without further approval of the County Council. Currently Condition H provides for a $3.5 million credit associated with construction of the entire Kupulau Street extension on the property to offset the fair share contribution requirement for roads. The applicant requests an amendment to Condition H to modify the roadway improvements that will receive a credit to offset the fair share requirement. The applicant proposes credits for constructing the Kawailani Street extension and -5- Kupulau Street extension as well as the value of the land for the Kupulau Street extension, Kawailani Street extension, and Kukuau Street extension rights-of-way. Additionally, this amendment updates the condition with the current fair share contribution rates and clarifies that the contribution is to be made prior to Final Subdivision Approval for each phase. 2. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1—Application for Amendments to Ordinance 08 115 dated November 2014; P.D. Exhibit 2 — Letter dated December 10, 2014 clarifying Condition D amendment request; P.D. Exhibit 3 — Letter dated December 16, 2014 clarifying the properties covered by the amendment request; P.D. Exhibit 4 — Letter dated January 26, 2015 clarifying H amendment request) BACKGROUND INFORMATION 3. April 23, 1993: Effective date of Ordinance No. 93 36, which amended the district classification of approximately 171.84 acres from Agricultural (A -20a, A-IOa and A -3a) to Residential and Agricultural (RA -la). See Exhibit A of Application. 4. September 10, 2008: Effective date of Ordinance 08 115, which amended Ordinance No. 93 36. The applicant requested a 5 -year time extension to secure Final Subdivision Approval because the project had been delayed due to construction of the Puainako Street Extension adjacent to the property. See Exhibit B of Application. 5. February 2, 2011: Final Subdivision Approval was issued by the Planning Department for Phase I of the development, known as Hilo Hillside Estates, consisting of 56 lots. The remainder of the property will be developed in two phases. Phase II will consist of 66 lots on approximately 76 acres and Phase III will include 21 lots on about 26 acres. 6. April 19, 2011: A subdivision application was submitted by the applicant for Phase II of the development; however, Tentative Subdivision Approval has not yet been issued by the Planning Department because water is not available for the development until the Pi`ihonua-Kukuau Transmission Line project is completed. 7. July 22, 2014: Final Subdivision Approval was issued for an approximately 3 acre lot created when the Puainako Street Extension was constructed. This lot, identified as TMK 2-4-082:061, is situated between the terminus of Kukuau Street and Puainako In Street and is part of the original rezone area. The lot was sold in July 2014. In order for a connection to be made from Kukuau Street to Puainako Street, the County would need to secure an easement from the current landowner or condemn the required right-of-way because currently the existing easement, identified as Easement 255 in P.D. Exhibit 5, is for utility purposes only. (P.D. Exhibit 5- Land Court Map 107, Designation of Easement 255) 8. Regional Roadways: There are two proposed roadway alignments on the subject property that are intended to serve as future regional roadways providing connectivity between different areas of Hilo. The General Plan, which identifies future transportation needs based upon land use and population, calls for the future extension of Kupulau Street as a major collector consisting of an 80 -foot wide right-of-way, from its current terminus at Kawailani Street, north to connect to Komohana Street, with intersections at Puainako Street and Mohouli Street. Major collectors are streets supplementary to the arterial street system that are a means of transit between this system and smaller areas and are used to some extent for through traffic and to access abutting properties and collect and distribute traffic between neighborhoods and arterial roads. The right-of-way for the Kupulau Street extension through Sunrise Estates was reserved by the subdivider when that subdivision was created. The Kupulau Street Extension is also identified as Road # 16 on the City of Hilo Zone Map and is classified as a major collector (P.D. Exhibit 6- City of Hilo Zone Map). The City of Hilo Zone Map also identifies the extension of Kawailani Street within a 60 -foot wide right-of-way from its current terminus, over the subject property, to Puainako Street west of the property (See Road #10 on P.D. Exhibit 6). AGENCIES' COMMENTS 9. Department of Public Works- Engineering Division: P.D. Exhibit 7 — January 13, 2015 memo 10. Department of Water Supply: P.D. Exhibit 8 — January 21, 2015 memo 11. Police Department: P.D. Exhibit 9 — January 2, 2015 memo 12. State Department of Health: P.D. Exhibit 10 — December 23, 2014 memo -7- 13. State Department of Land and Natural Resources (DLNR)- Land Division: P.D. Exhibit 11— January 13, 2015 memo AGENCIES- NO COMMENTS/CONCERNS 14. Department of Environmental Management. AGENCIES- NO RESPONSE 15. Fire Department, Department of Parks and Recreation, Office of Housing and Community Development, DLNR- State Historic Preservation Division, State Department of Transportation, Real Property Tax Office. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 16. P.D. Exhibit 4 — January 26, 2015 letter from Sidney Fuke 17. P.D. Exhibit 12 - January 27, 2015 letter from Sidney Fuke PUBLIC COMMENTS 18. None as of the date of this writing. -8- i W4 T1 r0.U,- ; 1 'SOV 20 PM 3. 4 APPLICATION FOR AMENDMENTS TO ORDINANCE NO. 08115 MOANIALA HOLDINGS, LLC Kukuau 1St, South Hilo, Hawai i TMK: (3) 2-4-082: 058 and 059 'Prepared For: Moaniala Holdings, LLC Prepared By: Sidney M. Fuke, Planning Consultant November 2014 1'r ,nng inept, ClU h i b if i 00;4'74 AMENDMENTS TO REZONING ORDINANCE NO. 08-115 APPLICANT: MOANIALA HOLDINGS, LLC TMK: (3) 2-4-082: 058 and 059 I. INTRODUCTION Rezoning Ordinance No. 93-36, which became effective on April 23, 1993, rezoned, with conditions, approximately 171+ acres of land from Agricultural (A - 20a, A -10a, and A -3a) to Residential Agricultural (RA -la). (Exhibit A) This rezoning enabled the development of a Residential -Agricultural subdivision in the City of Hilo called Hilo Hillside Estates ("Project"). Subsequently, certain conditions to the initial rezoning ordinance were amended, which are now reflected in Rezoning Ordinance No. 08 115 ("Ord. 08115"). The amended ordinance became effective on September 10, 2008. Condition C required final subdivision approval of the entire Project within five (5) years of the date of the amendment, said date being September 10, 2013. (Exhibit B) Moaniala Holdings LLC ("Applicant") is the developer of this Project, where upon its completion, would consist of one hundred forty three (143) 1 -acre sized Rural -Agricultural lots. Due to marketing and infrastructural cost considerations, the project is being developed in three (3) phases. The first phase, consisting of fifty six (56) lots, was granted final subdivision approval on February 2, 2011. There were two (2) approved revisions to the final plat map, the last one occurring on April 6, 2011. These lots are identified as TMK: (3) 2-4-082: 001 to 056. Phase 2 would result in the subdivision of a 76.093 acre parcel and identified by TMK: (3) 2-4-082: 059 into sixty six (66) lots. A subdivision application for this phase was filed on March 11, 2011 with the County Planning Department. To date, however, no tentative approval has been granted. The last phase would consist of twenty one (2 1) lots and related infrastructure over a 26.251 acre parcel identified by TMK: (3) 2-4-082: 059. This subdivision application would be submitted subsequent to the approval of Phase II and appropriate amendments to Ord. 08 115. As noted earlier, Condition C required the Project to be completed before September 10, 2013, and that deadline has passed. Relatedly, due to cost and related considerations associated with the construction of the Kupulau Street Extension, including a bridge, the Project does not become financially feasible or tenable. As such and in sum, the Applicant is requesting: • a time extension to complete the remaining two (2) phases of the Project; and • amendments relating to the construction of the Kupulau Street Extension and the posting of a bond. II. PROJECT LOCATION The Project is located in Kupuau 1St, South Hilo and south of the Puainako Street Extension in the City of Hilo. More specifically, it is located approximately a mile west or mauka of Komohana Street along the Puainako Street Extension. The southern end of the Sunrise Estates Subdivision is generally located across or north of the Project area. (Figures 1 & 2) III. PERTINENT PERMITTING HISTORY A. Ordinance No. 93-36 This ordinance, which became effective on April 23, 1993, rezoned, with conditions, approximately 171+ acres of land from Agricultural (A -20a, A - 1 0a, and A-3 a) to Residential Agricultural (RA -la). (See Exhibit A) At that time and as noted in the Traffic Impact Analysis Report ("TIAR") prepared for the rezoning application, the Project area was considered as Increment II of Sunrise Estates. (Figure 3) It should be noted that Condition C had a deadline within which to secure final subdivision approval. Specifically, it noted that "Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval. " The Project area was subsequently acquired by the Applicant. However, at that time, the County was in the process of acquiring the required rights-of- way, which also included portions of the Project area, for the design and construction of the Puainako Street Extension. The acquisition of the rights- of-way necessitated a number of revisions to the Project area's subdivision maps. In deference to this situation, the Planning Director then granted a 2 -year administrative extension as allowed by Condition O of Ordinance 93-36. B. Ordinance No. 08-115 On January 23, 2008, the Applicant submitted a 5 -year extension request to comply with the terms of Condition C. This request was approved as Ord. 08 115 and became effective on September 10, 2008. The amendment required completion of the entire project within five (5) years of the effective date of the amendment. (See Exhibit B) u 4,11hVik.WITCHER ENGINEERING LLP P.O. Box 348 Consulling Civil Engineers Holualoa, HI 96725 Conr1ruction Managers (808) 334-0322 Fimure I LOCATION MAP I I kms^^ } Fizure 2 d J r•' t O us .h x L �, '•[ Q 190 sU O .mss Z-j Y n d J'Z'O � iii W a 0 A a_a -IH7: I - =7.W •• rpt N �Y4 zQ=J u .�p'" • 4402 4 y DU tf- Al t Y}W41 . J ..a.� ., V .°`�J 2W •!• ax Cw h �: J QU 2 U7 =W ? yo-" W= a3 z� d�. 1...0 SNU •♦ YU .. QQ i. ZLL ¢ 1, Oao Y.J• } y !ay O Jy _ OO J ,•• �Q 0 Q o =o= •,.J. a '% 4J H ��U o w s -ge. !x��- 4 • OJ A. os W1� � of WO LL.! M.Mm v: ... a_ N H W 4J Y • 'Z �3,0Y W W - , Fes_ 1 F `• J H 11 It should be noted that during the course of considering this time extension, additional amendments were made. Some were editorial and/or updates in nature, such as the amendments to Condition B relating to water facilities fee, Condition F relating to affordable housing, and Condition G relating to access. While consistent with current Council policy on all new residential rezoning requests, Condition H relating to fair share payments had significant cost implications for the project. At the same time, there were significant, substantive amendments that had substantial project cost and design implications. These amendments, as found in Conditions C and D, related to the construction and dedication of that portion of the Kupulau Street Extension — which included a bridge — within the Project site or, in the alternative, the posting of a $3.5 million bond as a condition precedent to receipt of final subdivision approval; and the setting aside and improvement of that portion of the Kawailani Street Extension within the Project site. These amendments came about at the Council's initiation and not the Planning Director or Planning Commission. The Commission's recommendation, which do not include these amendments, is found in Exhibit C. C. Subdivision Approvals As noted earlier, the Project would eventually consist of one hundred forty three (143) 1 -acre sized Rural -Agricultural lots and would be developed in three (3) phases. The first phase would consist of fifty six (56) lots; the second, sixty six (66) lots; and the last phase twenty one (2 1) lots. The entire Project and their phases are found in Figure 4e The first phase, consisting of fifty six (56) lots, was granted final subdivision approval on February 2, 2011. There were two (2) approved revisions to the final plat map, the last one occurring on April 6, 2011. These lots are identified as TMK: (3) 2-4-082: 001 to 056. (Figure 5) Phase 2 would result in the subdivision of a 76.093 acre parcel and identified by TMK: (3) 2-4-082: 059 into sixty six (66) lots. A subdivision application for this phase was filed on March 11, 2011 with the County Planning Department. (Figure 6) To date, however, no tentative approval has been granted, as it is waiting for completion of the Department of Water Supply's Pi'ihonua-Kukuau Transmission Line project. The last phase would consist of twenty one (2 1) lots and related infrastructure over a 26.251 acre parcel identified by TMK: (3) 2-4-082: 059. A subdivision application for this phase would be submitted subsequent to the approval of Phase II and appropriate amendments to Ord. 08 115. (See Figure 4) g 1 # m oo s or =$€Y w¢ a ag 9 if €€� as io n iw i �LL _ - �_ .. "' 4�.��t_ �j."'1 , . I� � 'a �7•.�`�� :�' . � .moi a a. � "ll / .— � \ `�7/r,C -ill.-„%•.1 "r'. `E �,,.�.'` � i j 1"' ii � ads/ Ill a „� • (_f-..l .: �l •' � < $ y ( � 1 1 I •$ � � `� � � of i 3F`I , 'k• � �NI p 3 Is � -. ppp •T� Tm }� T T OF ^gym —' — 9�, v O mm¢fiiBsidmo RRRRRRRRRR � .'�.'•�' �' 1 �� ry ry ry ry ry ry ry ry ry r J gd m ' �= o Figure 4 �s✓�� �� i �Ai R��4�i ��ti._ c S r s a too a AD 9� 0 J Q Figure 5 a qq� d 9!999➢[999[[99➢➢➢e49 ee9➢ !19l9lN 9l U!!U 1911 9!!L `l3i339$6i68,i436ie9 �9lt'. .................... .... A illmill ill Ill R4RRi4R4R4R9RRRRRRRRD 4841 Mililim"H, I Olin oil 9ee99e9ee a ee99e99e 9e999c 91991➢l91 9 99999919 999!91 48dDa�3ia ? 4eg$d$1! �lBi.P 5 D§55DD4l9� � §lBPP6§� i9Pli �a Q Ld h 0 iF will_ N 439699900'000 LLI C)uj Co O o a z o= 828 RREM99 cc 2 I yyy a ' : e 0 It y n ;�'"'y"=1� •¢•�, o�O w/% �� SS i z I Egg Will nig„ CGR[CGG[[CE[[!GG[CCCGC[t[[ G &&�sARRaRRA8ad8&RsiRitSt+s;a8fis $ �33�333�5�33���33�3�333�3�3 3 �aaaaaaaaaaaaaaaaasaaaaaxe a Figure 6 z a��������������������UM R 1 e a Eli y S 6$ R 1 It should also be noted that the Puainako Street Extension resulted in the creation of a 3+ acre property situated on the north side of the Extension and identified as TMK: (3)2-4-082: 61. (Figure 'n This site was subsequently sold by the Applicant, and it has since been granted final approval on July 22, 2014 for a 2 -lot subdivision. (Figure 8) None of these lots have access to the Puainako Extension. Instead, their access is from Kukuau Street through the Sunrise Ridge Estates Subdivision. It should also be noted that one of the lots includes the future right-of-way that would allow Kukuau Street to connect directly to the Puainako Street Extension. IV. PROJECT DESCRIPTION As discussed earlier, the Project, called Hilo Hillsides Estates Subdivision, would consist of one hundred forty three (143) 1 -acre sized Rural -Agricultural lots. It is to be developed in three (3) phases, the first of which has been completed. Phase I consists of fifty six (56) lots; Phase 11, sixty six (66) lots; and Phase III, twenty one (21) lots. While there have been a few model homes developed by the Applicant, the Project is not intended to be a developer -built house and lot project. The expectation is for individual lot owners to construct their dwelling on the lot, subject to certain design and related restrictions. As with Phase I, there are restrictions relating to capping each lot to only one single-family dwelling, and the like. The roads and related infrastructure are intended to be built to County dedicable standards and dedicated to the County. V. REQUESTED AMENDMENTS AND THEIR JUSTIFICATIONS A. Time Extension — Condition C 1. Nature of Request and Proposed Amendment As noted above, securing Final Subdivision Approval for the remaining two (2) phases of this Project cannot be completed within the extended date of September 10, 2013. As such, in a letter, dated September 10, 2013, the Applicant's attorney informed the Planning Department of its intent to file a time extension request, pending receipt of an updated TIAR. (Exhibit D) In that regard, the Applicant is requesting a 5 -year extension upon completion and acceptance of the Pi'ihonua-Kukuau Transmission line or ten (10) years from the effective date of this amendment, whichever occurs first. A suggested language to achieve this concept could read as follows (material to be deleted is bracketed and new material is underscored): 'sw'f 330M iv 18 -n Figure 7 N 00_ 3 Sim V tlVJ i E rwj I®"�sl:�� 01 0 !i s Z, $1 i t\ 1 a L SI I l e i j Y I j S 7 U G 'sw'f 330M iv 18 -n Figure 7 N a 1 O o ct _ � o U f O U °z LL � o J W ' W O O 1 +L} 0 m g41�31 \ Io^ w � fp5em q7 N m f saJ01 �1 399 a nj N / 61 tib o I a { 0 0 0 2 5 12 20 Ea is a fp M1M16 O. � r1 ld& h n 'yby/`M1M10 P �a� mss/ > j 0: op Ln ¢° a a a AI SAO � , •�t�� 6' s N O N ^O e 4�9 \0 \ �0 / lkOD ct cc It 0 \/0 Z 0 J ti �f pa H LL 4- L z o 0 0 oo: 16 5cp0 -Na /yob , a `a $y zi¢ 2 PFiF' (n O W vw v X Figure �� z2 z WWW N M) ' / �{ L O l O Q Z j N (j / o a n H Z !} n °_ zz CL a 10 z Q to2 Q aao' yuU OO . ULL T 2 z (o O a ooQ z aZ W V) r QZ ° O P 0 � O W L i _' W U_ >° W Y� y6iyJ 6 3 a L~ �P Y OU °01 _0 J �Qa z Q a^ � e O (3 C7 Q Q CON W a N=> 3 W O C) N a 1 O o ct _ � o U f O U °z LL � o J W ' W O O 1 +L} 0 m g41�31 \ Io^ w � fp5em q7 N m f saJ01 �1 399 a nj N / 61 tib o I a { 0 0 0 2 5 12 20 Ea is a fp M1M16 O. � r1 ld& h n 'yby/`M1M10 P �a� mss/ > j 0: op Ln ¢° a a a AI SAO � , •�t�� 6' s N O N ^O e 4�9 \0 \ �0 / lkOD ct cc It 0 \/0 Z 0 J ti �f pa H LL 4- L z o 0 0 oo: 16 5cp0 -Na /yob , a `a $y zi¢ 2 PFiF' (n O W vw v X Figure �� z2 z WWW Condition C: Final Subdivision Approval for the remaining phases of the development shall be secured within five L years from the completion and acceptance of the Pi'ihonua Kukuau Transmission Line pro iect by.the County Department of Water Supply and Water Board or ten (10) years from the effective date of this amendment, whichever occurs first. In either event, residential occupancy on any of the lots shall not occur until the necessary on and off-site water infrastructure have been completed [provided further, that for the construction of the Kupulau Street extension, final subdivision approval shall be granted upon the developer posting a construction bond of $3.5 million, after it has been determined by the Planning Director, in consultation with the Department of Public Works, that the topography allows the construction of the Kupulau Street extension without significant changes to the construction plans for the remaining subdivision infrastructure, and that upon approval of firm construction estimates for the Kupulau Street extension, the bond amount shall be increased or decreased accordingly]; 2. Justifications The entire Project could not be developed within the allotted time of September 10, 2013 for a number of reasons. For one, sluggish global, national, and local economic conditions have affected real estate activity in general, especially on the Island of Hawaii and over the past ten (10) years. This affected the ability of many projects to secure the appropriate construction financing. Although there are increasing signs of a rebound, these signs were certainly absent a few years ago. The Applicant was thus understandably reticent in bullishly pushing ahead at that time. Notwithstanding the global economic malaise, the Applicant continued to take steps necessary for the development of the Project and tried its best to develop at least the first phase of the Project. Unanticipated development issues cropped up during the permitting stages of this project. One of these related to the land acquisition, design, and construction of the Puainako Street Extension, which began in 2005. While these negotiations pre -dated the effective date of Ord. 08 115, there was still a lot of residual issues attendant to the Extension that had to be addressed. These included having to redesign the subdivision to address the area lost for the Extension, as well as resolution of issues associated with 3.5 acres of drainage easements adjacent to the Extension. Further, although final subdivision approval for the first phase was secured in February 2011, a number of lots fell within the Federal Emergency Management Agency ("FEMA") Flood Insurance Rate Map ("FIRM") "AE" or Special Flood Hazard zone. This delayed the sales and/or closing of many of the lots. Finally, in March 2013, FEMA issued a Letter of Map Revision indicating that those lots now were designated "X" or areas outside of the 500 -year storm or floodwaters. (See Exhibit E) To date, twenty three (23) or nearly one-half of the lots within Phase I have been sold or are in the process of closing. While the absorption rate is good for projects of this nature, and given the extensive infrastructure cost associated with Phase I, the Applicant did not believe it to be feasible then to immediately continuing with the remaining phases. It has invested considerable funds to this point and thus intends to see this project to its ultimate fruition. It should also be noted that the Department of Water Supply ("DWS") had to defer County water service for the remaining phases, pending completion of the Pi ihonua-Kukuau Transmission Line. As such, even if the Applicant wanted to, it could not consummate receipt of Final Subdivision Approval for the remaining phases. In sum, the delay and/or non-performance within the prescribed time was a result of conditions beyond the Applicant's direct control or could not have been readily foreseen by the Applicant. 3. Concurrency Requirement of the Zoning Code (Section 25-2-46) This provision applies to all zoning amendments, including time extensions. Concurrency, in this instance, applies to water, roads, and civil defense. Relative to water, Section 25-2-46(m) provides, in part, that one (1) of two (2) must be met: "(1) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its existing system; or "(2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions o zoning delay occupancy until the necessary improvements are actually constructed. °' (Emphasis added) The DWS has indicated that water for Phase II will be available upon completion of the Pi ihonua-Kukuau Transmission Line project and its acceptance by the DWS. (Exhibit F) According to the Applicant's attorney's letter to the Planning Department, dated May 14, 2014 relating to this Project, the design of the Transmission Line project has been completed. It stated further that the "remaining tasks ... prior to commencement of construction are the processing of a new Environmental Assessment to account for the volume increase in the storage tank size from 1 MG to 2MG, and to obtain easements over private properties. The DWS anticipates this will be occurring within the next 2 years. " In a discussion between the author of this report and Mr. Kurt Inaba of the DWS, this project is projected to be completed within the next five (5) years. As such, the time extension request comports to the Concurrency Requirement in that "specific improvements to the existing public water system,... will be provided to meet the water needs of the project. " Further, the Applicant is prepared to accept a zoning condition that delays occupancy until the necessary improvements have been constructed. This provision is reflected in the proposed amendment to Condition C. Another of the Concurrency Requirements relates to Roads. In that regard, a TIAR is mandatory for projects generating more than fifty (50) peak hour movements. In this case, the development of the remaining phases would exceed this limit, and, accordingly, a TIAR was prepared and attached hereto as Exhibit G. This report and its implications will be discussed in proposed amendments to Conditions C and D. Addressing Civil Defense sirens is the other Concurrency Requirement. Specifically, Section 25-2-46(0)(3) requires the entire project site to be within range of civil defense sirens as determined by State Civil Defense, "or that provision of civil defense sirens to provide such coverage is integrated as part of the zoning amendment or application for time extension to perform a condition of zoning amendment. " As noted in the Planning Department's letter of May 14, 2014, to the Applicant's attorney, a portion of the Project site falls outside of the existing civil defense coverage area. In that regard and pursuant to Section 25-2-46(0)(3), the Applicant will provide the required sirens in conjunction with or prior to receipt of Final Subdivision Approval for Phase II. The specific language is contained in Chapter V -C relating to "Other Amendments". B. Regional Road Modification — Conditions C and D 1. Nature of Request and Proposed Amendment Condition C required the Applicant to post a $3.5 million bond to assure construction of that portion of the Kupulau Street Extension within the subject property presumably to the Puainako Street Extension prior to receipt of Final Subdivision Approval. Relatedly, Condition D specifically required that this portion of the Kupulau Street Extension be built to county dedicable standards and subsequently dedicated, at no cost, to the County. When completed, it would also serve as an additional access to the Project. While there was no completion timetable for this Extension, it can be assumed that it would be prior to or in conjunction with Final Subdivision Approval affecting the area of the Extension. This Extension is situated in Phase 3, as reflected in Figure 4, the overall Project subdivision phasing map. Relative to the Kawailani Street Extension, Condition D required that that portion of the future right-of-way situated within the Project site be not only delineated on the preliminary and final subdivision map but be 'fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. " This extension is generally reflected in Figure 4 and, more specifically, on the proposed subdivision map for Phase 2 found in Figure 6. The Applicant believes that the concept of connectivity and facilitating the development of regional roadways can be achieved in other ways that would not excessively burden this one project. This could be achieved through the Applicant's direct participation of making some measure of improvements as well as indirectly through the use of its and others fair share contribution. As such and for a number of reasons to be further articulated in the "Justifications" section below, the Applicant would like to propose some amendments to Conditions C and D. Specifically, relative to that portion of the Kawailani Street Extension situated within Phase 2, having the right-of-way graded could generate drainage and long term maintenance issues. As such, the Applicant is prepared to improve this section of the road to County dedicable standards and dedicate it to the County in conjunction with the balance of the road and related infrastructure for Phase 2. Relative to the Kupulau Street Extension, it should be noted that the TIAR clearly indicates that this is not needed to service the project's traffic requirements. As such, this improvement is designed to address regional needs. In light of that, plus the proposed Extension's proximity to the main entrance (Kukuau Street) to the Project site along a major road like the Puainako Street Extension, its implementation may be quite an engineering challenge and cost prohibitive. When the Extension is fully completed, for example, traffic signal lights may be needed. During the interim and possibly for a longer term solution, it may be functionally more feasible to connect the north side of Kukuau Street that is currently bisected by the Puainako Street Extension with that portion of Kukuau Street that serves as the Project's main entrance. Such a connection may be safer and, more importantly, would still conceptually achieve the connectivity objective. In that event, Kukuau Street could effectively serve as an interim regional road, until such time the appropriate funds for completion of the entire Kupulau Street Extension as envisioned on the zoning map become available. In the event the Kupulau Street Extension as outlined in the Zoning Map is deemed necessary and to help address the long-term regional roadway, the Applicant is prepared to construct a road to County dedicable standards 0 to the drainage easement in conjunction with the development of Phase 3. The right-of-way and improvements therein would be subsequently dedicated to the County. Accordingly, the applicant is requesting, in concept, the following amendments: Condition D: Condition D. The Kawailani Street extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. This street extension shall be constructed to County dedicable standards [fully graded at a vertical alignment meeting with the approval of the Department of Public Works] in conjunction with Final Subdivision Approval affecting this Phase of the subdivision. The right-of-way and improvements therein shall be dedicated, at no cost, to the County The portion of the Kupulau Street extension within the subiect Property and up to the drainage easement adiacent to the Puainako Street extension [from Puainako Street to the southern property line] shall be constructed to county dedicable standards meeting with the approval of the Department of Public Works in coniunction with Final Subdivision Approval affecting this Phase of the subdivision and shall serve as an additional ingress/egress for the subdivision. [The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. And Puloku St.] The right-of-way, including that Portion of the drainage easement adiacent to the Puainako Street extension, and improvements therein shall be dedicated to the County at no cost. 2. Justifications According to the TIAR (Exhibit G), the Project's entrance at Kukuau Street from the Puainako Street Extension, upon full buildout, will still result — generously — a Level of Service "C". It thus concluded that the additional ingress/egress provided by the Kupulau Street Extension "is not needed" and that the existing intersection "is more than sufficient to service all traffic generated by the Project over the full buildout of the Project. " Given that analysis and conclusion, neither the Kupulau Street Extension nor the Kawailani Street Extension is needed to service this Project. These Extensions, when completed, have more of a significant "regional" and not necessarily a direct benefit to this Project. In that regard, the concept of the fair share assessments —as embodied in this and all other residential rezoning ordinances - was to provide an equitable assessment mechanism to address regional infrastructure. Placing that burden on one project is not only inequitable but, because of the excessive cost to fund regional improvements, may result in a project not proceeding at all. In this situation, the construction of the Kupulau Street Extension, which will include a bridge, at an estimated cost of $3.5 million neither meets the "nexus" (as evidenced by the conclusion of the TIAR) nor the "proportionality" tests. In that regard, the Planning Director and Planning Commission's recommendation did not include a requirement to construct the Kupulau Street Extension, which included a bridge, at an estimated cost of $3.5 million. (Exhibit C) The County Council, in its deliberation of this matter, however, believed that funds for completion of this Extension was imminent and thus added that requirement. However, to date, public funds for this Extension have not been appropriated or funded and do not appear to be forthcoming in the very near future. Aside from the absence of imminent funding for the Kupulau Street Extension, there are two (2) other factors that need to be considered. One is that connecting the two (2) ends of Kukuau Street should facilitate connectivity and could possibly serve as another connector road between the upper Waiakea Uka area with Downtown. This is visually illustrated by the preliminary subdivision map contained in the TZAR for the initial rezoning of the Project area in 1993. This map shows the Project's principal roadway's — Kukuau Street - relationship to the Puainako Street Extension, Kupulau Street Extension, and the other end of Kukuau Street in Sunrise Estates. (Figure 9) Another factor to consider is the proximity of the Project's existing road (Kukuau Street) and the Kupulau Street Extension with the Puainako Street Extension. This will require considerable analysis and engineering a I =1 to assure safe and efficient vehicular movements at all intersections and without compromising the limited access highway function of the Puainako Street Extension. The Applicant believes that the concept of connectivity and facilitating the development of regional roadways can be best achieved through its reasonable participation with improvements within the Project area and the use of the fair share contribution. As discussed earlier, in addition to its fair share contribution, this participation would come in the form of: a. Improving to county dedicable standards — except for that area over the drainage easement adjacent to the Puainako Street Extension - and subsequently dedicating, at no cost, to the county the improvements and the entire rights-of-way for that portion of the Kupulau Street Extension and Kawailani Street Extension within the Project area. b. Securing and dedicating the right-of-way of that undeveloped portion of the Kukuau Street extension between the Sunrise Estate Subdivision and the Puainako Street Extension. C. Other Amendments Additionally, the Applicant proposes the following amendments (in concept) to reflect some of the other substantive changes above : : 1. Condition B Relating Water Commitment Payments The current condition requires full payment of the water commitment within one hundred eighty (180) days of the amended ordinance. This was paid for Phase I. However, since water availability — and in turn payment of commitment fees — occurs only subsequent to completion of the Pi'ihonua-Kukuau Transmission Line project, the Applicant is proposing amendment to reflect that. Specifically, the proposed amendment would read: Condition B: Condition B: The required water commitment payment for the remaining has .s odevelopment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the completion and acceptance of the Pi'ihonua- Kukuau Transmission Line project b the he Department of Water Supply and Water Board %date of approval of the amended change of zone]. The applicant shall pay installation and facilities charge as required by the Department of Water Supply. " 2. Condition H relating to Fair Share The purpose of this amendment is to update the fair share contribution calculation, as well as to acknowledge the phased development of this Project. It further acknowledges fair share credits for the Project's participation with the Kupulau Street Extension and Kawailani Street Extension. Condition H: Condition H. 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 Subdivision Approval for that phase of development [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. The fair share contribution shall have a maximum combined value of $[11,506.13] 13,312.70 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: A. $[5,54846] 6,419.62 per single-family residential unit to the County to support park and recreational improvements and facilities; B. $[267.66] 309.68 per single-family residential unit to the County to support police facilities; C. $[528.66] 611.66 per single-family residential unit to the County to support fire facilities; D. $[231.45]267.79 per single-family residential unit to the County to support solid waste facilities; E. $[4,929.99] 5,703.94 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, 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 o the County Council, provided, however, that The estimated cost of constructing the Kupulau Street extension and the Kawailani Street extension on the subject property [in the amount of $3. S million as provided in Conditions "C" and "D "] to dedicable standards meeting with the approval of the Department of Public Works, and the fair market value of the land for the rights-of-way for the Kupulau Street Extension Kawailani Street Extension and Kukuau Street Extension to be determined by independent appraisal ffor the future dedication of the Kupulau Street extension right-of-way at the request of the Department of Public Works], as provided in Conditions "D "and "E" shall be credited to offset the full amount of the fair share for road and traffic improvements for that Phase of development by the Planning Director, without further approval of the County Council. COUNTY OF HAWAII:, i 4 STATE OF HAWAII BILL NO. 3 (Draft 3) ORDINANCE NO. 93 36 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a), (A -10a) and (A -3a) TO RESIDENTIAL AND AGRICULTURAL (RA -la) AT KUKUAU 1ST, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-08:PORTIONS OF 14 AND 26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Kukuau 1st, South Hilo, Hawaii, shall be Residential and Agricultural (RA -la): PARCEL 1: Beginning at the north corner of this parcel of land and on the east boundary of Lot 10-F, Land Court Application 1205, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 12,597.15 feet South and 6,231.73 feet West, and thence running by azimuths measured clockwise from True South: 1. Following along the remainder of Lot 135, along a curve to the left with a radius of 1,870.00 feet, the chord azimuth and distance being: 282° 22' 17.5" 707.76 feet; 2. 32' 49' 26" 184.21 feet along Government Land of Waiakea; EXHIBIT A 3. 37' 21' 16" 1,194.70 feet along Government Land Iof Waiakea; 4. 186' 03' 45" 1,263.17 feet along Lot 10-E and Lot 10-F, Land Court Application 1205, to the point of beginning and containing an area of 10.033 Acres. (Refer to Parcel 1 as shown on Exhibit "A".) The district classification of the following area situated at Kukuau 1st, South Hilo, Hawaii, shall be Residential and Agricultural (RA -la): PARCEL 2: Beginning at the west corner of this parcel of land and being the north corner of Lot 10-F, Land Court Application 1205 (Map 7), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,962.56 feet South and 6,330.23 feet West, and thence running by azimuths measured clockwise from True South: 1. 216' 18' 56" 307.28 feet along Portion of Royal Patent 5706, Land Commission Award 8521-B, Part 2 to G. D. Hueu; 2. 207" 13' 41" 909.21 feet along Portion of Royal Patent 5706, Land Commission Award 8521-B, Part 2 to G. D. Hueu; 3. 232* 32' 43" 112.82 feet along Portion of Royal Patent 5706, Land Commission Award 8521-B, Part 2 to G. D. Hueu; 4. 2650 40' 1,906.98 feet along the remainder of Lot 135 and remainder of Lot 136; 5. 355' 40' 983.19 feet along the remainder of Lot 136 and remainder of Lot 135; -2- 6. 33' 07' 40" 45.04 feet along Government Land ' of Waiakea; 7. 500 30' 58" 834.00 feet along Government Land of Waiakea; 8. 90 06' 41" 1,020.86 feet along Government Land of Waiakea; 9. 20' 46' 39" 193.01 feet along Government Land of Waiakea; 10. 380 26' 41" 1,071.07 feet along Government Land of Waiakea; 11. 320 49' 26" 570.33 feet along Government Land of Waiakea; 12. Thence along the remainder of Lot 135, along a curve to the right with a radius of 1,870.0.0 feet, the chord azimuth and distance being: 1020 22' 17.5" 707.76 feet; 13. 1860 03' 45" 1,736.97 feet along Lot 10-F, Land Court Application 1205; 14. 1620 44' 15" 950.13 feet along Lot 10-F, Land Court Application 1205 to the point of beginning and containing and area of 153.479 Acres. (Refer to Parcel 2 as shown on Exhibit "A".) The district classification of the following area situated at Kukuau 1st, South Hilo, Hawaii, shall be Residential and Agricultural (RA -1a): PARCEL 3: Beginning at the south corner of this parcel of land and on the westerly boundary of Government Land of Waiakea, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,674.18 feet South and 3,666.88 feet West, and thence running by azimuths measured clockwise from True South: -3- 1. 175' 40' 983.19 feet along the remainder of Lot 135 and remainder of Lot 136; 2. 2659 40' 717.35 feet along the remainder of Lot 136; 3. 290 54' 40" 509.46 feet along Government Land of Waiakea; 4. 33' 07' 40" 708.07 feet along Government Land of Waiakea to the point of beginning and containing an area of 8.328 Acres. (Refer to Parcel 3 as shown on Exhibit "A".) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (e) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (C) subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval; (D) the Saddle Road (Puainako Street), Kupulau Street and Kawailani Street extensions affecting the subject property shall be delineated on preliminary and final -4- subdivision plans,to allow for a right-of-way. These street extensions shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. The Mohouli Street/Ainako Avenue roadway segment which affects the subject property shall be constructed to county-dedicable standards in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval for the proposed development. The cost of the roadway extension improvements shall be borne by the applicant and shall be credited and limited to the amount of the applicant's fair share contribution for road and traffic improvements. In lieu of the actual construction of the roadway extension improvements the applicant may elect to enter into an agreement with the County, together with the appropriate bond, surety bond or other security deemed acceptable by the Planning Director for the construction of the said roadway extension improvements; (E) intersection improvements, including the design and construction of traffic signals and related improvements other than channelization, shall be installed at the Kukuau-Komohana Street intersection meeting with the approval of the Department of Public Works by July 1994; and intersection improvements, including the design and construction of traffic signals and related improvements -5- shall be installed at the Mohouli-Komohana Street intersection meeting with the approval of the Department of Public Works in conjunction with the construction of the Mohouli/Ainako roadway extension; (F) as represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; (G) to ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housing and Community Development, that the applicant's affordable housing requirements, if any, have been fulfilled prior to the issuance of final subdivision approval; (H) access to the development shall meet with the approval of the Department of Public Works. Access to the proposed lots shall be via the existing Kukuau-Komohana intersection and via the proposed Mohouli Street to Ainako Avenue in which the roadway segment between Kukuau Street and the Ponahawai golf course's southerly IFsV boundary shall be constructed by the,applicant to county dedicable standards up to the length adjoining the Ponahawai golf course's southerly boundary, provided that the road improvements of the proposed Ponahawai golf course have received final approval and the road improvements have been bonded. In the event that the proposed Ponahawai golf course development does not come to fruition, the applicant shall provide, in lieu of constructing the county dedicable roadway segment adjoining the golf course's southerly boundary, a contribution of three hundred thousand dollars ($300,000); (I) drainage improvements shall meet with the approval of the Department of Public Works; (J) the method of sewage disposal shall meet with the approval of the Department of Health; (K) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (L) all other applicable laws, rules, regulations and requirements shall be complied with; (M) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of -7- the Unified Impact Fees Ordinance; (N) 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. 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 and the Planning Director acknowledges that further reports are not required; and, (0) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or the Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e. a condition to be performed within one year may be extended for up to one addition year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a M timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. 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. Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: INTRODUCED Y: CO CIL MEMBE , COUNTV OF HAWAII February 24, 1993 February 24, 1993 April 7, 1993 APR 2 3 19C APPROVED AS TO FORM AND LEGALITY: DWWY CORPOly ION COUNSEL DATE: APR 2 1 1" -9- ROBIN J. YAHIKU County Clerk COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 NOT On Bill No. 3 (Draft 3) , Ordinance No. 93-36 reference is made to a map attached hereto, marked Exhibit " A ". CONSTANCE R. MW Deputy County Clerk HARRY A. TAKAHASHI Legislative Auditor Said Exhibit is not part of the duplicate copies of this ordinance, due to its size, but is available for viewing in the Office of the County Clerk. If further information is needed, call 961-8255. Robin J. Yahiku COUNTY CLERK SEP -17-2008 WD 09:28 AN CofH County Clerk Office COUNTY OF HAVAI`i .2 � �• i • off. A FAX NO. 808 981 8912 P. 01 0H SEP 1'7 fpm �� 95 STATE 1 /� .VENT ��,L� - C;t vf111 BILA. NO. 292 ORDINANCE NO. Q8 JAS (Draft 4) AN ORDINANCE AMt;Nr fNCT ORDINANCE NO, 93 36 WHICH RECLASSII1TED LANDS FROM AGRICULTURAL — 20 ACRES (A -20a), AGR1CiJLiURAL-10 ACRES (A -10a), AND AGIUCUUMAL- 3 AMI S (A -3a) TO RESIDENTIAL AND AGRICULTURAL - I_ ACRE (RA tat AT KUK(IAU 1sT, SGUTH Hll,p, IIAWAI`I. COVT;IM 13Y TAX MAI' KEY 2-4-8:11ORMONS Of 14 AND 26. BE IT ORDAINED By THE COUNCIL OF THE COUN'T'Y OF HAWAVI: SECTION 1, nWit 100 No, 93 36 is amanded as follows: "SECTION 1. Scation lq&444125-8-33. Article j31 S, Chapter 25 (Zoning Code) of tho [Tawai_i County Code,j_(Z405 Editiortl. is amended to change tate district Okissification of,proporty describcd herein ller as follows: The disliiet clawiftcation oftho following arca situated at ICukuau I ". South Hilo, Hawaii, aball be Residential and Agricultural - I acre (RA -1a): "SECTION ?. [mate ;r^ ,r;�,�'lassiftEaeuditisi�h e flu t ] In accaniancc with Z5--2 —44, Hawaii County Carie I9$3 20U5 F. itioi clic Count, CCOLIl3cil finds the follocontiitso�ts ttro: L4acessary to prevent drettrttstances Which be adverse to Ilia nubhe health_ surety and welfare: or T21 Repsonably_ emeeived to �;ulfll nem dLmcty emanadfla,from the Itmd use proposed with nes cot U Protection oftlic public from the pcieniiajl a ctedctus _ of the proposed wie, c►r -F ltimcnt org c tgccti for Is�thlicsetvzce demands created by the proposed 11se. EXHIBIT B SEP -17-2008 WED 0928 AM OofH County Clerk Office FAX NO. 808 981 8912 P, 02 A. The applicant* successors or assigns shall be responsible for eoini*hig with all of tho stated conditions of approval; R. The required water commitment payment for the developinent shall be sabmitted to tbo Dopariinent of Water Supply in accordance with its "Water Coinmitiucnt 'Guictslincs Policy" within WwM Igo days frora the date of approval of tale J,1-vqAdhd change ofzone. The appbicanfi shalliiis ]tion and facilil.ies charges as required bytis ]3ett�rcant a f Wabar SuuP1. C, [&divsion plens-l'efOts prepesed-develo—te-L ,'. �;;bmitt8E1-1 42 1'-T=' M1.119 Dep ernes a•.• of _ fi.-n} the exec -Iii dr a-e€tlza hange sf zone.] Final Subdivision Approval shall be secured within [two 5s t'i ons dte dlk�M ..r�O A�P uval] five jeors from the effective ALc-PUthis amcndmgnt. Zovidc4 farther, that & the construction of Ute Kur is Street extension, filial subdivision al 4All 1>c ar�tnteci upon the developer actintntciion bond o -pillion,after it has been determined by the Planning l7aiector.iii consultation whiz the ])OMAnlent of Public Worlts. that the to1mrpballows the constrnctiou of the k`.tieuliiu S[rcct tension w{tltOut sianifcaut.changes to the co t ttetian khans for the remaining imbdivision h0mmstructure ai 4 ti g Wgn approve[ai film construeiion estimates fot the Ku_pu�au Street extension. the nd amount spall be ine -aced or decree l aocordinnly; I). The [ale �I ad {dyua� lie greet}, �Cnpulst, ��-4.1 a -- -1 ]x"Maw Street [extensi".4j extalsi affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. [ IM Street [a}terxeions] exteliMon shall be fully graded at a vertical alignment meeting with Clic approval of the Depui nent of Public Works in conjunction with rinal fiubdivision Approval. 'llie portion oftlic a uliau Street extcnsitria froril Pgairtaka fitreet to the southern property hall be eonAructed to count dedi ile __ . SEP -17-2008 WED 09;28 AM WH Cauatf Clerk Off ice FAX NO. 808 961 8912 P. 03 s�ajiaard ntc_ctitt with the at3nro al of c ll arin pt oPl'ublie Works and a ail serve s an addhional_irt jt�csslegress for t ie sib ivisiatl. The aQPLeant tall decl' ate tht Ind area for the nMpscd Krtt�ttlau St. extension between P tEtii�ak SZ ulo St -to the 9—un—V-9-40 no oaSt iFe-lie ie li�#r Ynn ve reatl��t�ieh�the-&�eet�t�t�t3�-sh�ie"�ter�-Ee-ee�nt�- iottbit�c#&r�1�btAe�-t�eet�g-yatth�r•�he�a�r��f Pub!•�Noti�r�-tie-�s>}��f�bci}w�e���a� ft�r�.e�arafse;,ed devaJie3it.-�ie�o'ste•roa�i��-ex�et�ieri in�t�ay-he-he�fta by die-aPialica��d•shaeredit�-andi}a}ited-t�ott�-s�ia•a}�3keanf=s-#her• ire•el�Ett�€er•.roil'traf�tprc��►e�teE3ts,--�-ke4t•ce-aE#ta�l stiuet�ex-sf the-�ea�sio�rovcxrrs tl�a-appii�tt}t-��y-eiec�t-�e err�a•�niner-�fil€ #lie-�etttit�I;er-�ifi�i the-a}�•oln�ate-�iei�c� stjret�•ketxi.•or•-e�•sec•�t�-clee�ed-a�enlyTtyit�ir ti-��� e�astr�ts�in-o€•t#d��e�'t�tsfe� it�i�;] '"""f�exs�nprent�in�i�-co�iart•��sf#'i�s�s atlat��v��otlie�clia�Hl�atiE�sh,�Il-he-�a•I1�i l�udt-��x�ehatr��5t�[-interseEi�et�•nteeti�gwit''��f•• �pat7t�e�-ei•le-�ox�S-�y-cul" '��#et�e��pr�v�i�et3� t�dinhi�nstEiena��-sFg�,�is,�:acled �•�ns�is smell-i?i�stelled-a�#lte.l�keak-K��€a�r�aaH�te�ee43x�.� :��-,. �e .. tgp�tl•a�1 +.• haps•of•-n'.�r^�.�,nic,«-v�-#�3e�tctic� oft•I3e Adel�e��Ii�]�c����� [11-4 1 A.9 reprmented by the applicant, rea�trictive covemnis inthe deeds of all the proposed lots slttlt prohibit the construction of a second dwelling -unit on each lot. A copy of the propuscd cOvenant(s) to be recorded with the Burctt€f of Conveyances shall be submitted to the Planning Department far reviow and approval prior to final subdivision approval. A copy of the approved covenaill shall be rccitLd in an instrument executed by the applicant and the comity and SEP -17-2008 RB 09.29 AN Gofff Gounty Clerk Office FAX W 806 961 8912 P. 04 rccorded VAth the 13ttreau of Conveyances likewise prior to final subdivision approval; 10d [�, j�-a-ek�Il���ies-e€e•I�g�enl�•p- t�le-Ht�i{�d;thQ-�3llea�•sknll•se6t�-#Ile��a����:�c.. ��� r• �ene3 ,-�tpsoH-ieco�x�ndai�erl-ef-#ale-8�iic�-efblog-a.el��y fi2�+elop�t; i •np1 t's-a erdRU0-hetW"Wmment . e beeA €4f cftrr-te43e�$•oxal sntvlsifll� a�}J To anrre t e owls a �o1fc' ofthe IIovs• _r�rl�lt+_ mens ofthe t} cry I=Iart are i I+ai�errtcd, �Fanplicable, tho mnliCant1 eo �? 1n,� 'f13 tl�c re rnencs of C to I 1 Anti e I Iiavvaii Co Cade rc tin ! l�ffordWa Flo�sin� PoiicY Thisrc Marnn2 sl�a�I be annroycd �� the Ad ainis[rator of Cfii of Housing and Cgmmi� ' _I]eveIonment dor t� receppt of final subdivision naval; [ •� Aoms to the dovelopment shall meet with tha approval of the Department of Public Works. No lots shall have diraci accessfeom l ail to S_ tr (ase t£, #�iQ-�tpg�p�1.,�.�a a.»„ r�t Ll t• sL �etwea+�trl�uat�,fitt�e�-a�-•tli�pf-ase=��nc�3�..s�t1 be-s°nst-r`'�1'�,3�•l�.e�-to-seo�y da{�l�r� ���;�;i�i �pi�a'v®�v8�sp�'Q�-IrO�; hAUt�t�'�7i�6-FBE�d��y�} fll". epm" O1_y 11 I�EiAdeC�r �A-�1i9.0 ►8 i -C - }r� �aliai�-�alersGO�p� V��G•� �sco�r�ier�; the -mall �vide�-Ilea-e�e��r�lsoil�g-•idle-ae�t��,able-wae3e�ipA� �e-6"el£•�u�se�-sou�k��c�lyr•a�ibuE-e€�t��ad�onsa� &I319,., 9Wnl1_earrt 'ti ate t a ote t'a[ iau�icmal in3pgcts of the MOpor[v'-p y�sp? narks andcrcatio� c, Ittslice� SEP -17-2008 WED 09:29 AM CofH County Clerk Office FAX NO. 808 981 8912 P. 06 soI;d waste dis_ tso al f�tciliti, a road, S, Th- fair ai�_c0ntribu iou sha111aa irtiti r based un l ka n reset oil oi„ hits tlj ge of p ne �.�Il��titst� and may ;tt� incroase�i or red_ uceci oro oi•Lio lly .f the lat enunts�re ad'tt,.wted• '1'he fcir sliara aont�bution shall beable pfior to recut ofIthial 5ubcliyis;on�ip n� �vitlun f ears m the a ective daft ofthis amended ohan>'a of Y.on rd;n whichever occurs firRi Tl�c fair stlare cc+e�tr] n f r e c lot shaIf be bagaA amt a ma 'inum deusi f each lot as ctetqr��tined by tl�c rot g rosultinR Limn il�;s char gf zone. c fair sh�rc ontri ttion its a 1 of cas land, facilities or aav,eambination the caf. hall b d-. t'atinec by the Comity Catlnaii. it sli contril} t'on ma be ad'usted an oath hE i��uin ,cars the ef% tive date of the atncndtnent #o the 1.percenta ■c eltan a 'sn the Flonoiulu unt P 'cc Ind x (I�Cl�j1. The fairsjiarc contribution snail have,:ttar;muut combine va,,, 3u� of i I,5 6.f net sin la -fa i!y resident tl unit. TYZa total mountLi be d mined with i nct�al n�unbor of u ' ecordin to the calculati—, and yt�egt rnvisians set h itt thi nditi The f it sl. a tributio S;e-!'� it n3siactial unit sl�al. ! tie aliocatea As follows: A. 5 54$.Qfi taer sin>±Ie- amity res�ltt it to the C trnty I OU VatL nark ju-d re _at 'anal improvemcn�s Cid facilities B, SZ,67.66 er sin i�fa it r ' �nti'al tuiit to the County its ;s�ctnnott�olicc ft�cii;ties; C. g_528.66 u!°r slnele-antll esidm ial uti t to the Cou to s n fire D. $231.45 2q vitt 1c-farnil reside 19,6 unit to the CQtl q0awRoltsolid waste facilities; H. ��#�4 9_ . ag.so_ per s�innly-funt;[v idontiat onit to the County to sunerrnt goad a t �.Y;;tiic: iirt�royemetlts� In lied 0f ,A In the #aix sharpcontribut;otvthc Heant ma contribmi. land is and/or construct i iiProvetnents�facilifies rc1i1 is parks and rcc�� pnl;ca, solid v4aste disposal faces and ma wlthi ,Von fin acW by An S SEP -17-2008 MEd 09:29 AN CofH County Clark Office FAX NO. 808 961 9912 P. 06 pro fro. ed dovetoprnen sgb'cct tltc� review+ and �,ccommen� of tl ann' t Dilutor. Moat cmn t tion vrith tho al)propr;atc en _r a rpval of t134 . 11 n 'ded bnye): that ih tiirrate� cast of can r f �tinE tho Katpi) I Sir et e.--nsion on t15'AMt roe in the ui)t of $3.5 illion t:avided ' Cond'tLn% "C—and"D" shall he erecliteci tc) offsfsct {ull ount of ilte fair rc f_ _ orW andtiafric nn�rove�ncnts b 1110 Plannin Dircct ith t ivathcr arrnrovaf oti a C_ otnzt . Council: I. DrautaP ini})mvements shall meet with thG WfOval of the Dapartment of Public Works; �- The rnothod of sewage disposal shall meet with the approval of the Department of Heal al; K. Should any unidentified sites or remains such as atlifacts, shell. bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be =Ountered, work in the immediate area shaii cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological cIcera�xc�from the plarariagDepar Mcat When it finds that Sufficient mitigative measures have been taken; Tom.[�4�1-otix�-appliG'�le�v�s;-rttic:s. reg�t}�lo�a�i-reetren�sli,�ll�ie-se��piled • W!"11 Qw��."10licabi County State acid Itedera haws. talcs. re li anions and r uiretnenis• M. Should the Council adopt a Unilicd Impact pees Ordinance setting forth criteria for the imposition of exactlans or the assessment ofifnpact fees, conditions included hetehi 911all he crctlitccl towards the requirenaonta oftho Unified rmpaet r�ees Ordinance; SEP -17-2008 WED 09;29 AM OcfH County Clerk Office FAX H0. 808 981 8912 P. 07 N, An ttn[at[al progress report :zht!li Submitted to the .planning Director prior to the anniversary date of the efIctive date of the chatige of xOtjc. Th xel)ort shah address the status 00ho development and the compliance with the conditions of ariproval. This condition shall remain i!i efrect antil all of the ccuiditions o!' approvnt have bee" COinplied and the Planning Direotur acknov&(igcs that further reportQ are not required; and, 0. [A[r*tenmetr-0f4kie femme -pe ar l . he•granfac�-h•� the-�lieoter���fellaw�g-e��u;a��sess -1"_1 �e-n�1-p�•fene-ti'fs-ihc��l�ot�-that-eo�d-t�+ve hee�-Coxa-or-spa-bc�yc�}•tlie-e413t�-ef-tp�nt�ee�ar �ssi; i�ac�-�3t�•�3�'�;�f+�-#ate-or-ie s ���fi1�-#i[u�te[r.lcl.ttei.�e-so�ra�y-te t•�e-�eiae �-t�t�•:l�n�)� -3 g- ' �wng- e IiRIL-ex io�jlcl4jet.b e�3ir if saes-fer-tl[ittif�l�e-ehgu-�e-c[f-�� 4){1�a•i��te-•este�i��ta}t#ea•[r,F.a�iacf�-ex�ac�=clue Eh' pra�e�}•f�erfne,-a•o�d�sri t� pe n+'ir�etl ill ri a�r.one yea }-anal -5)] if tiie,applicant should require or. additional extension of time, the 1'Ianwng Director stiaii subn*thc applicant's requiustto the Planning Cam'nlhasion c� County Council for app[-apriate action. Purtaer, should any of the conditions rot be n:et 0'r, absctaiiy eompiie[€ with in a timely fashion, the Director shall initiate rezoning cf the arca to its original ar more appropriate dcSiViation," �S'p:C`i ION Z. Material to be deleted is bracketed and stricken. New material is U11derscerccl. 7 gEP-17-2008 WED 09:30 AM C0fH Cauniy Clerk Office FAX NO. 808 981 8912 P. 08 SECTION 3. In the event tl,�t any portion of this ordinanco is dcelared invalid, such hivalidity shall not affect the tither parts cIfthis ordinmtcc SECTION 4. This ordhIance shall take effect Upon its approval. INTRODUCLID'By: k. �1'Z'Y OF T IA WA 17 Icana� Hawaii Dato ofliltroduction: June 3, 2008 Dstc Of ist RCading: June 3, 2008 Date of 2nd Rmding: August: 27, 2008 Lflectivo nate: Septanbor lo, 2008 I..P ac.rtcru cc; nm — Ill. ,,-L�Cii: 8 SEP -17-2008 M 09:30 AM CofH County Clerk Office FAX HO, 808 961 8912 QE'!'I(:R O TH 0()UHTY CI,BRK comely ofIiami`i Ktitjq. Hsw i`i burpduced BY: • Donald Ikeda VULe Int)'oduced: June 33, 20og first iteadia -�ut3e 34, 2"S Pubtishcd: June 13, 2o08 - IuSUA1?KS• .rune 18, 0000 - �Posepone� t a 0��?, 20pa meatilsa: Jul 3 Zooao- POA ponad k2 Auyu*..t 13, 2ooe meet:ing;� Auqus,t 13, 204 �7,Q!—DSat $ & _ hpld ?YCf pur8tta t to 'Ounall IWIC 25(c) tc coutl lteddi„g: Au Vat a7, 2008 To Mayor: - September 5, 2008 Itctiamcd: setcnk�er i0, ?A08 �• [-.Mcdvc: soptember M,+ 21-(18 Nbtialhett: Seiatt er 18, 2()08 REA1,11,',5 V 1 J)U 11F ?L"aY ("S'?T Fr11rcrt cite f0rggoing RILL was indleertrd abom APPROV4D A5 TO FO AND LEGALITY: 4:?- B>E CQRPORAMON is i3S1 COU OF HAWAII I' Date -SEI+ -9 "iZWv+ t?t+apjmn-ed this - a cFciy YI31rI1491W7 P. 09 (Draft 3) ROLL CALL V(YrF, n }IlgGBiiAS FX Ford ---� ttiga �71X' Noflu,onn T X IkWa }( Jaa�i,s m X Naoolo Pli0g0 g Ysgs,n� 'X Yoshimoto X ROLL CALL VO AYES NF ABS EX Pard x 1118a X" - FIolTmann X -"x _ X Jacobson X Naeoto �C - "~--I- -• Pilaeo X Yagong X " - Yoshimoto X Ille COV -111Y Council puhlrshed ers ccz� \ VUUN1t5;[( k� ' Bill No_- 292 (Draft 4 ) Refemice: C-a131.i1)JPC-86 Ord No.: County of Hawai `i PLANNING COMMISSION Aupuni Center G 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 April 21, 2008 James G. Lee, President Hilo Hillside Corporation Pioneer Plaza 900 Fort Street Mall, Suite 955 Honolulu, HI 96813 Dear Mr. Lee: Change of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 Tax Map Key: 2-4-8:portions 14 & 26 The Plaiming Commission at its duly held public hearing on April 4, 2008, reviewed and acted on the above -referenced request for an amendment to Change of Zone Ordinance No. 93-36 for the subject property. The Commission voted to recommend the approval of the request to the County Council as follows (material to be deleted is bracketed and material to be added is underscored): A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; S. The required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [nin 180 days from the date of approval of the amended change of zone. The applicant shall ay installation and facilities charges as required by the Department of Water Supply, including payment of the entire pro -rata share for the off-site improvements. C. [-te4-lie l art �t-w,0. -1—a,. f e the e f feet,,, date o f the ,.haag e .,,, j Final Subdivision Approval shall be secured within [ .Hawai'i County is an Equal Opportunity Provider and Employer EXHIBIT C 11 NOR James G. Lee, President Hilo Hillside Corporation Page 2 ] five years from the effective date of this amendment; D. The [Saddle Read (Paaiiiake S4et4`,] Kupulau Street and Kawailani Street extensions affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for right-of-way. These street extensions shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision .Approval. 11 heer ree*h^1ake Avenue roadway bm ,1edieable st acm�.mc�ti agreementthe roadway extensien' 4s die applieafft may eleet to enter- iiAe an County, iiethef with the YY ^YM, n y bend VL VWlll ;] Felated ifflpr-evements ether- than ehannelizaien, shed! be installed at flie Kukuau eenstfuefien of tr-affie si As and related iffq-;Fevemmts shall be insWied at the ex [F-.] E. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; --I--A--I.„:oma ,f tl�v r —;-- UI-- t f t1 r [ valy lu.l illy µ11u ivv Vl 111 uU1116 LS -1 µlt. implemented, th ap-1,v-1t1it-Ttiuil fthe-eeaeufTel � •e e vi the G.,,..t,. � , Develepffteiits that the s if 15-dfMed piierf e mea ] To ensure that the goals y James G. Lee, President Hilo Hillside Corporation Page 3 and policies of the Housing Element of the General Plan are implemented if Mplicable, the- applicant shall comply with the requirements of Chapter 11, Article l Hawaii County Code relating to Affordable Housing Policy. This requirement shall --���� ���-- �� t,ousing and Community Development prior to receipt of final subdivision approyal; [H.]G. Access to the development shall meet with the approval of the Department of Public Works. No lots shall have direct access from Puainako Street [ A ,.,..-.pesea Sts > 1. li 7.,_, -a rho tiii . T t f' d F 1. 1✓i V1lVJ\+ii 1 ____ -.__----..a ����� L.JvvLl Vll (A.Cll1 V1Lti -lilri iilYill/ sed A /( h - .1. gt - 1- t A ' '1 Avenue i L the eat hot. the lf _ ,. fevided that the -ead improvement 4)f the pfepesed Pef 1 ' __'p eeur-se have a final a the a , H. 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 beginningthree years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPP. The fair share contribution shall have a maximum combined value of $11,506:13 per single-family residential unit The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities' • $267.66 per single-family residential unit to the County to support police facilities-, Jai -nes G. Lee, President Filo .Hillside Corporatim-i Page 4 • $528.66 per single-family residential unit to the County to Sup orp t fire facilities; ® $231.45 per single-family residential unit to the County to support solid waste facilities; $4,929.90 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 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. Drainage improvements shall meet with the approval of the Department of Public Works; I The method of sewage disposal shall meet with the approval of the Department of Health; K. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; L. [ ] Comply with all applicable County State and Federal laws rules regulations and requirements; M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; N. 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. 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 and the Planning Director acknowledges that further reports are not required; and, • •,� C � ` C Dailies C. Lee, President Hilo Hillside Corporation Page 5 . — 6 of the time pix `v'v uxd uvt viJZe„l+[rthe &r"CiY he e " ��11 bra -iia to _ �-nari nrl _�'. ,a t - �xvu r-- - -. y� --F may be extended fef up te one ye-ar)-,-aftd -}] if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. This recommendation does not, however, sanction the specific plans submitted with the request as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions regarding the above, please contact Norman Hayashi of the Planning Department at 961-8288. Sincerely, Rodney Watanabe, Chairman Planning Commission Lhilohillside=738PC l cc: Department of Public Works Department of Water Supply Department of Land and Natural Resources -HPD DOT -Highways, Honolulu CARLSMITH BALL LLP i ? • t7l e, A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 HILo, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 WWW.CARLSMrrH.COM SLIM@CARLSMITH.COM September 10, 2013 Duane Kanuha Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 RE: Time Extension Request Rezoning Ordinance No. 08-115 Applicant: Moaniala Holdings, LLC Hilo Hillside Estates Subdivision (SUB-93-000090-Revised(2) TMK Nos.: (3) 2-4-082:001 to 056, inclusive, and 058 and 95 Dear Mr. Kanuha: This firm represents Applicant Moaniala Holdings, LLC ("Applicant") developer of the Hilo Hillside Estates Subdivision ("Project"). Rezoning Ordinance No. 93-36, effective April 23, 1993, changed the district classification for the Project lands from the Agricultural (A-20, A-l0a and A -3a) to Residential Agricultural (RA -la) district, as amended by Rezoning Ordinance No. 08-115 ("Ord. 08-115"), effective September 10, 2008. The Applicant has expended significant capital, including but not limited to, securing a FEMA Letter of Map Revisions, which revised the FIRM designation for those affected lots within the Project, and the construction and dedication of on-site and off-site infrastructure, including road, water and drainage improvements within the Phase 1 development. The Applicant continues to move forward with the development of the Project in phases, albeit on a much slower development schedule, which is the result of the current global, national, and local economic conditions that have proved even more significant for the real estate development business. Condition C states: Final Subdivision Approval shall be secured within five years from the effective date of this amendment, provided further, that for the construction of the Kupulau Street extension, final subdivision approval shall be granted upon the developer posting a construction bond of $3.5 million, after it has been determined by the Planning Director, in consultation with the Department of Public HONOLULU HILO KONA MAUI GUAM EXHIBIT D SCANNED Loe IG�LES 1 � Duane Kanuha OU September 10, 2013 Page 2 Works, that the topography allows the construction of'the Kupulau Street extension without significant changes to the construction plans for the remaining subdivision infrastructure, and that upon approval offtrm construction estimates for the Kupulau Street extension, the bond amount shall be increased or decreased accordingly; V V11 ..ai1V11 V Jl.tl\.J. 'lJ it Gl. uY1:rce. ua wry s7d require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. As provided in Condition C, the deadline to obtain final subdivision approval for the Project is September 10, 2013. The Applicant has commissioned the preparation of a Traffic Impact Analysis Report and upon completion will be submitting its formal request to the Planning Commission seeking an additional five-year extension of time to comply with Condition C to obtain final subdivision approval for the phased development of the Project from September 10, 2013 to September 10, 2018. Please feel free to contact me should you have any questions regarding this matter. Very truly yours, 6 Steven 6S.C. SSUKYL xe: Client Or Federal Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable William P. Kenoi Mayor, Hawaii County 25 Aupuni Street, Suite 2603 Hilo, HI 96720 Dear Mayor Kenoi: October 18, 2012 IN REPLY REFER TO: Case No.: 12-09-1607P CommunityName: Hawaii County, HI Community No.: 155166 Effective Date of This Revision: March 4, 2013 The Flood Insurance Study report and Flood Insurance Rate Map for your community have been revised by this Letter of Map Revision (LOMR). Please use the enclosed annotated map panel(s) revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals issued in your community. Additional documents are enclosed which provide information regarding this LOMR. Please see the List of Enclosures below to determine which documents are included. Other attachments specific to this request may be included as referenced in the Determination Document. Ifyou have any questions regarding floodplain management regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMB, please contact the Director, Mitigation Division of the Department of Homeland Security's Federal Emergency Management Agency (FEMA) in Oakland, California, at (510) 627-7175, or the FEMA Map Information eXchange (FMIX) toll free at 1-877-336-2627 (I -877 -FEMA MAP). Additional information about the NFIP is available on our website at http://www.fema.gov/business/nfip. Sincerely, Siamak Esfandiary, Ph.D., P.E., Program Specialist Engineering Management Branch Federal Insurance and Mitigation Administration List of Enclosures: Letter of Map Revision Determination Document Annotated Flood Insurance Rate Map Annotated Flood Insurance Study Report cc: Mr. Warren H.W. Lee, P.E. Director, Department of Public Works Hawaii County Mr. James Lee Moaniala Holdings, LLC Mr. Melvin Inaba, P.E. Inaba Engineering, Inc. For: Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration EXHIBIT E Page 1 of 4 issue Date: October 18, 2012 Effective Date: March 4, 2013 Case No.: 12-09-1607P LOMR-APP Federal Emergency Management Agency e, a` Washington, D.C. 20472 AD 5, LETTER OF MAP REVISION DETERMINATION DOCUMENT COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASIS OF REQUEST Hawaii County CHANNELIZATION HYDRAULIC ANALYSIS Hawaii CULVERT NEW TOPOGRAPHIC DATA (Unincorporated Areas) BASE MAP CHANGES COMMUNITY COMMUNITY NO.: 155168 IDENTIFIER Hilo Hillside Estates APPROXIMATE LATITUDE R LONGITUDE: 19.690, -155.110 SOURCE: USGS QUADRANGLE DATUM- NAD 83 ANNOTATED MAPPING ENCLOSURES ANNOTATED STUDY ENCLOSURES TYPE: FIRM' NO: 1551660580C DATE: September 16, 19a9 DATE OF EFFECTIVE FLOOD INSURANCE STUDY REPORT April 2, 2004 PROFILE(S): 310P, 311P AND 322P Enclosures reflect changes to flooding sources affected by this revision. FIRM - Flood Insurance Rale Map; •• FBFM - Flood Boundary and Floodway Map; ••• FHBM - Flood Hazard Boundary Map FLOODING SOURCE(S) ti REVISED REACH(ES) Waiskes Tributary No. 3A - from approximately 850 feet upstream of Puainsko Street Extension to approximately 500 feet upstream of the Walakes Tnbulary No 3B confluence Welakea Tributary No. 38 - from the Walakea Tributary No. 3A confluence to approximately 700 feet upstream SUMMARY OF REVISIONS Flooding Source Effective Flooding Revised Flooding Increases Decreases Welakea Tributary No. 3A Zorn AE Zone AE YES YES BFEs* BFEs YES YES Walakee Tributary No. 3B Zone AE Zone AE YES YES BFEs SFEs NONE YES • BFEs - Base Flood Elevations DETERMINATION This document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) regarding a request for a Letter of Map Revision (LOMB) for the area described above. Using the Information submitted, we have determined that a revision to the flood hazards depicted In the Flood Insurance Study (FIS) report and/or National Flood Insurance Program (NFlP) map Is warranted. This document revises the effective NFlP map, as indicated in the attached documentation. Please use the enclosed annotated map panels revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals in your community This determination is based on the flood data presently available. The enclosed documents provide additional Information regarding this determination If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toti free e1 1-877336-2627 (1 -877 -FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 647 South Pickett Street Alexandna. VA 22304-4605 Additional Information about the NFIP is available on our website at http.Gwww.fema gov/businesslnflp Siamak Esfandlary, Ph.D., RE, Program Specialist Engineering Management Branch Federal insurance and Mitigation Administration 125360 PT202 02.BKR 12091507P M17102 -1 -A -C N Page 2 of 4 issue Date: October 18, 202 Effective Date: March 4, 2013 Case No.: 12-09-1607P LOMR-APP �fO�QAR Federal Emergency Management Agency Oy �� Washington, D.C. 20472 :rAJD LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NFIP REGULATIONSICOMMUNITY OBLIGATION We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance with the National Flood Insurance Act of 1968, as amended (Title Xlll of the Housing and Urban Development Act of 1968, P.L. 90-448), 42 U.S.C. 40014128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed NFIP criteria. These criteria, including adoption of the FIS report and FIRM, and the modifications made by this LOMR, are the minimum requirements for continued NFIP participation and do not supersede more stringent State/Commonwealth or local requirements to which the regulations apply. NFIP regulations Subparagraph 60.3(b)(7) requires communities to ensure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management ordinances; therefore, responsibility for maintenance of the altered or relocated watercourse, including any related appurtenances such as bridges, culverts, and other drainage structures, rests with your community. We may request that your community submit a description and schedule of maintenance activities necessary to ensure this requirement. COMMUNITY REMINDERS We based this determination on the I -percent-annual-chance flood discharges computed in the FIS for your community without considering subsequent changes in watershed characteristics that could increase flood discharges. Future development of projects upstream could cause increased flood discharges, which could cause increased flood hazards. A comprehensive restudy of your community's flood hazards would consider the cumulative effects of development on flood discharges subsequent to the publication of the FIS report for your community and could, therefore, establish greater flood hazards in this area. Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or State/Commonwealth law have been obtained. State(Commonwealth or community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your State/Commonwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take precedence over the minimum NFIP requirements. We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news release for publication in your community's newspaper that describes the revision and explains how your community will provide the data and help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can benefit from the information. This determination is based on the flood data presently available The enclosed documents provide addltional intonation regarding this determination. If you have any questions about this document, please contact the FEMA Map Information exchange (FMIX) tog free at 1-877-336-2627 (1 -877 -FEMA MAP) or by leder addressed to the LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605 Additional Intonation about the NFIP is available on our websfte at httpJlwww.teme.govibusinesslntp. is Siamak Esfandlary, Ph.D. P.E , Program Specialist Engineering Management Branch Federal Insurance and Mitigation Administration 125360 PT202 02 8KR 12091607P M17 102 -1 -A -C N Page 3 of 4 Issue Date: October 18, 2012 Effective Date: March 4, 2013 Case No.: 12-09-1607P LOMR-APP ° Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between your community and FEMA. For information regarding your CCO, please contact: Ms. Sally M. Ziolkowski Director, Mitigation Division Federal Emergency Management Agency, Region IX 1111 Broadway Street, Suite 1200 Oakland, CA 94607-4052 (510) 627-7175 STATUS OF THE COMMUNITY NFIP MAPS We are processing a revised FIRM and FIS report for Hawaii County in our countywide format; therefore, we will not physically revise and republish the FIRM and FIS report for your community to incorporate the modifications made by this LOMR at this time. Preliminary copies of the countywide FIRM and FIS report, which present information from the effective FIRMS and FIS reports for Hawaii County, were submitted to your community for review on July 27, 201 I. We will incorporate the modifications made by this LOMR into the countywide FIRM and FIS report before they become effective. This determination is based on the Hood data presently available. The enclosed documents provide additional Information regarding this detenrdnaaon If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) loll Use at 1-877-336-2627 (1 -877 -FEMA MAP) or by letter addressed to the LOW Clearinghouse 847 South Pickett Street, Alexandria, VA 223044605 Additional Information about the NFIP is available http dwww.feme gov/business/nfp on our website at �P.E,Pfogram i Slamak Esfandlary, h.D , Specialist Engineering Management Branch Federal Insurance and Mitigation Administration 125360 PT202 02.BKR 12091607P H 17 102 -1 -A -C 01 Page 4 of 4 Issue Date: October 18, 2012 Effective Date: March 4, 2013 Case No.: 12-094607P LOMR-APP ' °'`_; Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) PUBLIC NOTIFICATION OF REVISION PUBLIC NOTIFICATION A notice of changes will be published in the Federal Register. This information also will be published in your local newspaper on or about the dates listed below and through FEMA's Flood Hazard Mapping website at https:/Iwww.floodmaps.fema.gov/fhm/Scriptstbfe—main.asp. LOCAL NEWSPAPER Name: The Hatvall Tribune Herald Dates: October 26, 2012 and November 2, 2012 Within 90 days of the second publication in the local newspaper, a citizen may request that we reconsider this determination. Any request for reconsideration must be based on scientific or technical data. Therefore, this letter will be effective only after the 90 -day appeal period has elapsed and we have resolved any appeals that we receive during this appeal period. Until this LOMR is effective, the revised flood hazard determination information presented in this LOMB may be changed. This determination Is based on the flood data presently available. The enclosed documents provide additional Information regarding this determination. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMiX) toll tree at 1-677-336-2627 (1 -677 -FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 647 South Pickett Street. Alexandria. VA 223044605 Additional information about the NFIP is available on our website at http:/Mrww.fema govfbusmesslnlip i Siamak Esrandiery. Ph.D., P.E . Program Specialist Engineering Management Branch Federal Insurance and Mitigation Administration 125360 PT202 02.BKR 12091607P.M17102-I-A-0 31 N �� prL W KOMOHANA STREET N w KOMOHANA 9T i d we - tD ��g{� � c m� Nti$ Y 8 w N '• � A� c� N � 2df < 0 CC to: M d 4 r x r�z e< m ci WO N ui b'aN m 3z rc $ $ or _ o uYN ♦ �, ��Q � t 33 cv Zi Z J' v O AO p ♦ O ' Q H ] MEIANI STREETS Z Z O v io x WQ OF>7K H N KOMOHANA STREET N ? o 357 KOMOHANA 9T i d we ��g{� m� Nti$ Y to: M 4 WO N b'aN m 3z rc $ $ or _ o uYN ♦ �, ��Q � t 33 cv Zi Z J' v O AO p ♦ O 40 w Bob N '� U m Q w E Z 3q3 t4�pry 4r� er 3 �Q mu Z 7 v 3d LLo tz8 0, $c 370 ? nOi �y � . W N y� LC o 331 5~ �A00 i'a 368 Q N3�o pry 3 i .0 0, s �a 400 Z = Q S �.. o-, N O u Q 35ry cy A'` z 407 N 4 O � O m Z I CD A30 1 e qO� Ow< N j w v� l2 $@ 4440 o wa a t ;-c 450 Lu fr 0 m oM O q60 ` i Z e z > w 470 a E F � Zw jU2 Z 485 �E JV Wzo O o e�^ Oa �QOw O 489 Q ^ ♦ s� T ^ < N b9 $ < lco w U Q j 1h ? QLLI a ♦ � rm r 3` u4i u 1 y QO2 5546ry a 9 99 0 W Y 3iQ'vNVWn 91s �i Ln SS 11tss o woss h mb? NQ 590 :0i9�� rm LZ9ui ' Z OZg uz $ 63o 3i OS 0 a ZQQW L69 <y 6 67 I <2S 99 It u 189 699013NVd SNIOf DEPARTMENT OF WATER SUPPLY 3 4 5 KEKUANAO A STREET, SUITE 20 TELEPHONE (808) 961-8050 - July 25, 2011 TO: Ms. BJ Leithead-Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager -Chief Engineer COUNTY OF HAWAII • HILO, HAWAII 96720 FAX (808) 981-8657 SUBJECT: SUBDIVISION APPLICATION NO. SPH -11-000016 APPLICANT — MOANIALA HOLDINGS, LLC HILO HILLSIDE ESTATES, PHASE 2 TAX MAP KEY 2-4-008:PORTION 014 We have reviewed the subject request for the subject application.. With reference to our memorandum to you of December 21, 2006, for Subdivision Application No. 93-90, we reiterate that water for the proposed subdivision will not be available until the construction of the Pi`ihonua-Kukuau Transmission Line project are completed and accepted by the Department of Water Supply. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ: dfg copy — Moaniala Holdings, LLC Inaba Engineering, Inc. 1, P.E. Engineer Water, Dur Most Precious Resource ... Ka Wai A Kdne ... The Department of Water Supply is an Equal Opportunily provider and employer - EXHIBIT F TRAFFIC IMPACT ANALYSIS REPORT FOR HILO HILLSIDE ESTATES PROPOSED 3-PHASE, 143 -LOT SUBDIVISION HILO, HAWAII PHASE 1: 56 LOTS — TMK (3)2-4-082: 001 to 056 and Drainage Lot 060 PHASE II: 66 LOTS — TMK (3) 2-4-082:059 PHASE III: 21 LOTS — TMK (3) 2-4-082:058 JULY, 2014 PREPARED FOR: LLC ` L1C -D �'p N0, 8:22 a ��` ! THIS WORK WAS PREPARED BSC OR UNDER MY SUPERVISION n 14, PREPARED BY: WITCHER ENGINEERING LLP P.O. BOX 348 HOLUALOA, HI 96725 (808)334-0322 (808)324-0327 Fax EXHIBIT G TABLE OF CONTENTS I. INTRODUCTION AND PURPOSE II. PROPOSED DEVELOPMENT .. III. STUDY AREA CONDITIONS ................................................ 2 1. Study Area.......................................................2 2. Site Accessibility.................................................. 2 3. Land Use........................................................2 4. Compliance with Concurrency Requirements ............................ 2 IV. ANALYSIS OF EXISTING CONDITIONS ........................................ 3 1. Physical Characteristics ............................................. 3 2. Traffic Volumes ................................................... 3 Table 1 Peak Hours Traffic Flow ................................ 3 Table 2 Traffic Counts for Peak Hours ............................ 3 Table 3 Peak Hour Traffic Flow ................................. 4 3. Level of Service ................................................... 5 Table 4 Levels of Service ...................................... 5 V. PROJECTED TRAFFIC....................................................5 1. Methodology.....................................................5 2. Trip Generation...................................................6 Table 5 Hilo Hillside Estates by Phase & Buildout .................. 6 Table 6 Trip Generation ....................................... 7 3. Traffic Distribution ................................................ 7 Table 7 Trip Distribution by Percentage Mauka-Makai ............... 7 4. Trip Assignments .................................................. 8 Table 8 Trip Assignment ....................................... 8 VI. TRAFFIC IMPROVEMENT ANALYSIS.........................................8 Table 9 Trip Distribution & Assignment .......................... 8 Table 10 Level of Service ....................................... 9 VII. CONCLUSION..........................................................10 Page 1 of 2 APPENDICES APPENDIX A Location Map, and Tax Map Key Map APPENDIX B Level of Service Criteria APPENDIX C Level of Service— Puainako Street and Kukuau Street (Computer Printout) • Existing Conditions AM and PM Peak Traffic • Future Conditions AM and PM Peak Traffic (includes 5,10,15, & 20 year) APPENDIX D Level of Service— Puainako Street and Kukuau Street, 3% Growth Condition (Computer Printout) • Future Conditions AM and PM Peak Traffic (includes 15 and 20 year) APPENDIX E Traffic Movement Diagrams— Puainako Street and Kukuau Street • Existing Conditions AM and PM Peak Traffic • Future Conditions AM and PM Peak Traffic (includes 5, l 0, 15, & 20 year) APPENDIX F Traffic Movement Diagrams— Puainako Street and Kukuau Street, 3% Growth • Future Conditions AM and PM Peak Traffic (includes 15 and 20 year) Page 2 of 2 TRAFFIC IMPACT ANALYSIS REPORT HILO HILLSIDE ESTATES PROPOSED 3-PHASE9 143 LOT SUBDIVISION AT PUAINAKO STREET EXTENSION HILO, HAWAII TMK (3)2-4-082:058 (PHASE 3-21 LOTS) & (3)2-4-082:059 (PHASE 2-66 LOTS) I. INTRODUCTION AND PURPOSE Hilo Hillside Estates is a subdivision being developed in three phases (the "Project"). Phase 1 has been completed and Phase 2 is about to be started. The existing access road from the Puainako Street Extension into the subdivision is at the extension of Kukuau Street. Phase 2 of Hilo Hillside lies along the extension of Kukuau Street. Rezoning Ordinance No. 08- 115 Condition C requires that a second access road and bridge at the extension of Kupulau Street be developed for the Project. Construction of the additional ingress -egress requires constructing additional streets not associated with Phase 2. The purpose of this report is to determine the levels of service for the Project at various phases of buildout, and to determine whether the second Project access road and bridge at the proposed extension of Kupulau Street is necessary to adequately service the Project. II. PROPOSED DEVELOPMENT The Project is located in Kukuau I", South Hilo and lies south of Puainako Street Extension at its intersection with the extension of Kukuau Street. Phase 1 of the Project has been constructed and home construction has commenced. Zoning of the Project is RA -1a. The area surrounding the development is mostly A -3a, A -10a and A -20a. The County's long term plan is to extend Kukuau Street from the subdivision on the north side of Puainako Street (Sunrise Estates) to Puainako Street Extension making the intersection at Puainako Street Extension and Kukuau Street a four-way intersection. However, the County has no current plans/funds to construct the road improvements, so this may not happen for several years. Pagel of 10 III. STUDY AREA CONDITIONS 1. Study Area The study area is made up of single-family residential and undeveloped areas zoned agricultural. The entrance to the development lies 1.30 miles west of the intersection of Puainako Street and Komohana Street. To date, one home is occupied in the Project. 2. Site Accessibility The site is accessed at the intersection of Kukuau Street and Puainako Street Extension. Puainako Street Extension is a two-lane highway with wide, paved shoulders and drainage structures. It is a major road that ties into Saddle Road. Kukuau Street on the north side of Puainako Street does not intersect Puainako Street at this time. A short section will need to be constructed. The land is currently privately owned, therefore, at this time, the intersection is a one-way stop with traffic on Puainako Street Extension having the right-of-way. 3. Land Use Phase 1 of the development has been constructed. Phases 2 and 3 are currently vacant land. The zoning for the development is RA -la. The area surrounding Hilo Hillside Estates is primarily zoned Agricultural. 4. Compliance with Concurrency Requirements Pursuant to Section 25-2-46 (Concurrency Requirements), Hawaii County Code, a traffic impact analysis report (TIAR) is required for submittal with a Change of Zone action that can generate 50 or more per hour trips. The TIAR shall include projections for future traffic growth in traffic, for a minimum of five- ten- and twenty -years, and include other approved or proposed development that is expected to impact the Project area, with reasonable build -out assumptions. A fifteen -year projection is also included as this is the expected buildout of Phase 3. Based on the recent recession and current economic conditions, we have assumed that future development within the area of the Project over the next five years will proceed at a measured pace, and thus the Project will have a minimal impact on the traffic conditions in the general area. Economic trends in the past have indicated 10 f years of growth followed by 10 f years of economic downturn. The present state of the economy indicates that this economic cycle will turn upward at a slower pace than in the past. Thus, we project a limited number of developments to occur within the surrounding areas. A 2% Page 2 of 10 growth factor is normally used for reports such as this report. It is our opinion that this 2% growth factor is still appropriate. IV. ANALYSIS OF EXISTING CONDITIONS 1. Physical Characteristics Puainako Street Extension is a major thoroughfare. It ties into Saddle Road which now is completed from Mile Marker 1 l to about Mile Marker 50 where it terminates at Mamalahoa Highway on the west side of the Island. This road could become even more important once the section between Mile Marker 6 and Mile Marker 11 is completed. However, the schedule for this is several years out. The intersection at Kukuau Street Extension and Puainako Street Extension has been improved with a left -tum lane westbound. The speed limit fronting the Project area is 55 mph. 2. Traffic Volumes There are signal lights at the intersection of Puainako Street and Komohana Street. On October 1, 2013, traffic counts were taken at this location to determine the traffic currently passing by the Project and the peak hour of this traffic. Since there is no other intersection between Komohana Street and Kukuau Street, it can be assumed that all eastbound traffic entering this section and all westbound traffic leaving this section can be used to determine levels of service at the intersection of Kukuau Street Extension and Puainako Street Extension. The peak hours are tabulated in the following table. TABLE 1 PEAK HOUR TRAFFIC FLOW Location Peak Hour Vehicles Per EBL 127 Hour (vplt) Puainako Street and 7:00 AM to 8:00 AM 1836 4:15 PM to 5:15 PM 1800 Komohana Street The following table gives a breakdown of each peak traffic period Puainako Street and Komohana Street. TABLE 2 TRAFFIC COUNTS FOR PEAK HOURS AT PUAINAKO STREET & KOMOHANA STREET Direction AM Peak Hour PM Peak Hour EBL 127 71 EBR 127 160 Page 3 of 10 Direction AMPeak Hour PMPeak Hour NBL 119 169 NBT 1083 500 SBT 341 801 SBR 39 99 EBL = Eastbound Left NBL = Northbound Left EBT = Eastbound Through NBT = Northbound Through EBR = Eastbound Right NBR = Northbound Right WBL = Westbound Left SBL = Southbound Left WBT = Westbound Through SBT = Southbound Through WBR = Westbound Right SBR = Southbound Right The westbound traffic at the entrance to the subdivision can be determined by combining the northbound left and the southbound right at Puainako Street and Komohana Street. This comes to 158 vehicles per hour (vph) for the AM peak hour and 268 vph for the PM peak hour. Combining the two eastbound movements determines the eastbound traffic passing the entrance to the subdivision. This yields 254 vph for the AM peak hour and 231 vph for the PM peak hour. The following table gives a breakdown of traffic at the subdivision entrance, the intersection of Puainako Street Extension and Kukuau Street Extension. TABLE 3 PEAK HOUR TRAFFIC FLOW AT PUAINAKO STREET EXTENSION AND KUKUAU STREET EXTENSION (EXISTING CONDTIONS) Direction AM Peak Hour PM Peak Hour EBT 231 254 EBR* 2 2 WBL* 2 2 WBT 158 268 NBL* 2 2 NBR* 2 2 *It should be noted that since construction of dwellings has started, it is assumed some of the traffic is construction traffic. Page 4 of 10 3. Level of Service Levels of service were calculated for these intersections using data gathered on October 1, 2013. The following table shows the level of service for existing conditions. TABLE 4 LEVEL OF SERVICE FOR EXISTING CONDITIONS, PEAK HOUR PUAINAKO STREET AND KOMOHANA STREET Direction AM Peak PM Peak EBL F E EBR F E NBL B D NBT D E SBT F D SBR D C Puainako Street/Kukuau Street Extensions EBT A A EBR A A WBL A A WBT A A NBL B B NBR B B V. PROJECTED TRAFFIC 1. Methodology Highway capacity analysis was performed in accordance with the "Highway Capacity Manual, Special Report 209, 2"d Edition" ofthe Transportation Research Board, 1992 and the Highway Capacity Software from the Federal Highway Administration and McTrans, University of Florida, Gainesville, Florida. Levels of service for the two intersections were computed for the existing condition in accordance with the Highway Capacity Manual. Page 5 of 10 Level of service is defined as "a qualitative measure describing operational conditions within a traffic stream; generally described in terms 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 Level of Service B Short traffic delays Level of Service C Average traffic delays Level of Service D Long traffic delays Level of Service E Very long traffic delays Level of Service F Extreme traffic delays Level of service calculations and volume -capacity -ratios are tabulated herein for both AM and PM peaks for existing and the post development condition. Each intersection is diagramed in the appendix showing existing and post development conditions. 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, 2010. Trip generations have been developed for a variety of land uses (or facility types) which correlate trips with dwelling units, area, population, vehicle ownership and intensity of use. Each facility type has a catalog number for identification purposes. In this case, Classification 210, Single-family Detached, was used. 2. Trip Generation TABLE 5 HILO HILLSIDE ESTATES BY PHASE AND BUILDOUT Phase Number of Lots Estimated Buildout 1 56 2018 2 66 2023 3 21 2028 Phase 1 infrastructure has been completed and only one home is occupied. Therefore, Phase I is included in the trip generation. The following table shows the trips generated by phase. Page 6 of 10 TABLE 6 TRIP GENERATION Phase Lot Generator AM Generator Generator PM Entering 75% Exiting Total Trips 64% Entering 36% Exiting Total Trips 1 56 1 0.77 ll 32 43 1.02 37 20 57 2 66 0.77 13 38 51 1.02 43 24 67 3 21 0.77 4 I2 16 1.02 14 7 21 Level of service calculations have been performed for the buildout of each phase. It is estimated that buildout will take five years per phase. A twenty-year projection will also be included. 3. Traffic Distribution Recently a traffic impact analysis was conducted for a proposed subdivision on Kaumana Drive in Hilo. It was noted that the bulk of the traffic entering and leaving the subdivision in that area was exiting "out" towards Hilo and entering "in"from the Hilo center direction. A much smaller portion of the traffic exited mauka away from Hilo and entered Hilo from the mauka direction. It is assumed the traffic in and out of Hilo Hillside Estates will follow the same pattern. The following is the relationship defined by turning movement. From mauka = Eastbound right (EBR) From makai = Westbound left (WBL) To mauka = Northbound left (NBL) To makai = Northbound right (NBR) The following table shows the trip distributions. TABLE 7 TRIP DISTRIBUTION BY PERCENTAGE MAUKA-MAKAI AM PM Entering Exiting Entering Exiting Movement % Movement % Movement % Movement % EBR 22 NBL 13 EBR 11 NBL 4 WBL 78 NBR 87 WBL 89 NBR 96 Page 7 of 10 4. Trip Assignment Trip assignments were made in accordance with the above discussion. The following table shows the "entering" and "exiting" turning movements by phase. TABLE 8 TRIP ASSIGNMENT Phase Entering Exiting AM PM AM PM EBR WBL EBR WBL NBL NBR NBL NBR 1 2 9 5 33 4 33 1 13 2 3 10 5 38 5 33 1 23 3 1 3 2 12 1 11 0 7 VI. TRAFFIC IMPROVEMENT ANALYSIS Level of service analysis was performed for the existing and future conditions for the intersection of Puainako Street Extension and Kukuau Street Extension. The following table shows the projected traffic over the next twenty years at that intersection and is based upon the following assumptions. 1. Buildout of Phase 1 will take place in five years, Phase 2 in 10 years and Phase 3 in fifteen years. 2. A 2% per annum increase for traffic on Puainako Street Extension. 3. The intersection is constructed for the Kukuau Street Extension on the north side of Puainako Street Extension in fifteen years. 4. The 30 lots in an existing subdivision north of Puainako Street (Sunrise Estates) will use the new intersection of Puainako Street /Extension and Kukuau Street Extension. 5. Ten percent of the northbound right movements would become northbound through. 6. Ten percent of the westbound left would be using Kukuau Street Extension. TABLE 9 TRIP DISTRIBUTION AND ASSIGNMENT Direction AM PM Existing Syr 10 yr Phase 2 1 S yr Phase 3 20 yr Existing Syr 10 yr Please 2 1 S yr Phase 3 20 yr EBL I 1 1 1 EBT 254 280 310 342 377 231 255 282 311 343 EBR 2 4 7 8 8 j 2 j 5 j 10 1 11 j 11 Page 8 of 10 Direction AM PM Existing Syr 10 yr Phase 2 1 S yr Pl:ase 3 20 yr Existing Syr 10 yr Phase 2 1 S yr Phase 3 20 yr WBL 2 11 21 24 24 2 35 73 85 85 WBT 158 174 193 213 235 268 296 327 361 398 WBR 6 6 19 19 NBL 2 6 11 12 12 2 3 4 4 4 NBT 7 7 5 5 NBR 2 35 68 79 79 2 21 44 46 46 SBL 14 14 2 2 SBT 2 2 8 8 SBR 1 1 1 1 1 1 Level of service computations were made for the above trip distribution. The following table provides this information. TABLE 10 LEVEL OF SERVICE Direction ��0000000ao Page 9 of 10 VII. CONCLUSIONS The purpose of this study is to determine the levels of service for the Project at various phases of buildout and to ascertain whether or not an additional entrance from Puainako Street Extension into Hilo Hillside Estates is needed. The findings and conclusion of this traffic impact analysis prove that the additional entrance intersection at the Kupulau Street Extension is not needed. Levels of service at the Project entry road at the intersection of Puainako Street Extension/Kukuau Street Extension have been calculated for the end of each phase of the Project and also for a twenty-year projection using a 2% growth factor. At the ten-year mark, when Phase 2 is expected to be complete, the level of service for both AM peak and PM peak was shown to be "B". At the end of Phase 3 buildout, the level of service is "C" for both AM peak and PM peak. Even if a 3% growth factor is used, the 15 -year and 20 -year levels of service for the subdivision intersection remain "C" for both AM and PM peak hours. This is without an additional entrance, using solely the existing intersection into the Project at Puainako Street Extension/Kukuau Street Extension. Thus, the existing Project intersection at Puainako Street Extension/Kukuau Street Extension is more than sufficient to service all traffic generated by the Project over the full buildout of the Project. Page 10 of 10 AM PM Direction Existing Syr 10 yr 1 S yr 20 yr Existing Syr 10 yr I S yr 20 yr Phase 2 Phase 3 Phase 2 Phase 3 Approach 10.3 10.3 10.9 15.8 16.9 10.7 10.2 10.6 18.4 19.8 Delay Approach B B B C C B B B C C LOS VII. CONCLUSIONS The purpose of this study is to determine the levels of service for the Project at various phases of buildout and to ascertain whether or not an additional entrance from Puainako Street Extension into Hilo Hillside Estates is needed. The findings and conclusion of this traffic impact analysis prove that the additional entrance intersection at the Kupulau Street Extension is not needed. Levels of service at the Project entry road at the intersection of Puainako Street Extension/Kukuau Street Extension have been calculated for the end of each phase of the Project and also for a twenty-year projection using a 2% growth factor. At the ten-year mark, when Phase 2 is expected to be complete, the level of service for both AM peak and PM peak was shown to be "B". At the end of Phase 3 buildout, the level of service is "C" for both AM peak and PM peak. Even if a 3% growth factor is used, the 15 -year and 20 -year levels of service for the subdivision intersection remain "C" for both AM and PM peak hours. This is without an additional entrance, using solely the existing intersection into the Project at Puainako Street Extension/Kukuau Street Extension. Thus, the existing Project intersection at Puainako Street Extension/Kukuau Street Extension is more than sufficient to service all traffic generated by the Project over the full buildout of the Project. Page 10 of 10 APPENDIX A LOCATION MAP, TAX MAP KEY MAP SITE PLAN & AERIAL VIEW WITCHER ENGINEERING LLP 41)hVAM00 P.O. Box 346 Consulting CM Engineers Holualos, Hi 96725 Construction Managers (8095334-0322 LOCATION MAP i 77 :i �: _,�y� iy ti ! i' r -,t.ir -'-7r� rr�� �•f�y s. � - L .��=.� } y. �� s �•�,�` . 1�.� 'e'�;x � .�'' ��'� g�4< int r•s a � ;i. jl� �' '3C_ �• � .� * 'sus �' .4 lam- - r.. .u!•: f ', '�• ,,;' �• ','` , yam, .I `- �• .. Jp- ����p le-ear.th ;,�� r��/C";i:•• .: �:<i• ...•: j,s.J^_ i•.:.5••..•, •x•C� t 3•• T_ _o :r':%;•A2073atwd'e 'i 'i;Y�:L.',ir: ,y:�'10. �:r. .'t tea• 3�•• . �I• .+':l:.r•.Y.l' .-ri'.fr •i` ...)SL:C't.,,:r:�.'�CttCt'!i'i� .k->>::_':.'•:±1� .i:a:ii..'.: �.`O;.!i�•-ri.. :n.wLi. _... •f'.•I�. �.• .. i.: •t _ :'r. r ' _ � c _ :�, 'ate' •' tr. 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APPENDIX B LEVEL OF SERVICE CRITERIA LEVEL OF SERVICE CRITERIA AVERAGE TOTAL LEVEL OF EXPECTED DELAY TO DELAY (Seconds/Vehicle) SERVICE MINOR STREET TRAFFIC z5 A Little or no delay 5.1 to 10.0 B Short traffic delays 10.1 to 20.0 C Average traffic delays 20.1 to 30.0 D Long traffic delays 30.1 to 45.0 E Very long traffic delays >45 F Extreme traffic delays Appendix B APPENDIX C LEVEL OF SERVICE PUAINAKO STREET & KUKUAU STREET UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS Two -Way Stop Control Page I of 2 I TWO-WAY STOP CONTROL SUMMARY I al st EW ion T en /Co. APPAS 11nalysis on HAWAII CO te Performed 10/15/2013 Year 2013 Knal Time Period VM EXISTING orthiSouth Street: Project Description HILO HILLSIDE JOB#608-02-13 HHPKEXAM East/West Street: PUAINAKO orthiSouth Street: KUKUAU Intersection Orientation: East-West IStudy Period (hrs): 1.00 Vehicle Volumes and Ad ustments Major Street Eastbound Westbound Movement 1 2 3 4 5 8 L T R L T R Volume veh/h 254 2 2 158 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 veh/h 254 2 2 158 0 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 i 0 1 1 0 Configuration TR L T Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume vehib 2 0 2 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 2 (veh/h) 0 2 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 0 0 Configuration LTR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound ovement 1 4 7 8 9 10 11 12 Lane Configuration L LTR veh/h) I( 2 4 (m) (veh/h) 1321 678 Ic 0.00 0.01 950/6 queue length 0.00 0.02 Control Delay (siveh) 7.7 10.3 LOS A B proach Delay (stveh) — — 10.3 pproach LOS — — B Copyright 0 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 10/2412013 6:56 AM file://C:\Documents and SettingsMitcher Engr LLP\Local Settings\Temp\u2kDFAmp 10/24/2013 Two -Way Stop Control TWO WAY STOP CONTROL SUMMARY General Information ISite Information lAnalyst ISEW Co. APPASformed B 10/15/2013 Time Period JPM EXISTING HILLSIDE JOB#608-02-13 Street Page 1 of I file://C:\Documents and SettingsMitcher Engr LLP\Local Settings\Temp\u2kF3.tmp 10/24/2013 L T R L T K Volume veh/h) 231 2 2 268 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h 0 231 2 2 268 0 Percent Heavy Vehicles 0 — — 0 — Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 f 0 Configuration TR L T Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 2 0 2 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h 2 0 2 0 0 0 Percent Heavy Vehicles 0 0 L 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 0 0 figuration LTR Dela Queue Len th and Level of Service pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR (veh/h) 2 4 (m) (ve") 1346 641 v/c 0.00 0.01 95% queue length 0.00 0.02 Control Delay (s/veh) 7.7 10.7 LOS A B pproach Delay (s/veh) — - 10.7 pproach LOS — — B Copyright ® 2010 University of Florida, All Rights Reserved HCS+ym Version 5.6 Generated: 1012412013 9:22 AM file://C:\Documents and SettingsMitcher Engr LLP\Local Settings\Temp\u2kF3.tmp 10/24/2013 Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY ln___ ,-..: tlCi6n lnfnrmntinn Page I of I al st tSEW ntersection T en /Co. PAPPAS urisdiction WAII CO te Performed IOIIW013 In al sis Year 2018 al sis Time Period j4M 5 YR b a Movement 1 2 3 4 5 b L T R L T R Volume (veh/h) 280 4 11 174 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h 0 280 4 11 174 0 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 1 0 Configuration TR L T U stream Si nal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 6 0 35 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h 6 0 35 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (°/C) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 0 0 Configuration LTR Delay, Queue Len th, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR (veh/h) 11 41 C (m) (veh/h) 1290 720 lc 0.01 0.06 95% queue length 0.03 0.18 Control Delay (s/veh) 7.8 10.3 LOS A 8 pproach Delay (s/veh) — — 10.3 pproach LOS — — 6 Copyright m 2010 University of Florida, All Rights Reserved HCS+'m Version 5.6 Umeraled: 111MU13 J:uo rm file:HCADocuments and Settings\Witcher Engr LLP\Local Settings\Temp\u2k33E.tmp 11/7/2013 Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY i I f iIRIte information Page 1 of 1 vvnvra n ormat on Intersection T al st IBEW 0 urisdlction AWAII CO formed 10/1512 0 13 ffnalAPPAS nat sis Year 2018 Time Period IPM 5YR Volume veh/h) 255 !�J Movement 1 2 3 4 0 L T R L T R Volume veh/h) 255 7 35 296 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 255 7 35 296 0 (vehlh Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 1 01 Configuration TR L T Upstream Si nal 0 0 Minor Street Northbound Southbound 12 Movement 7 8 9 10 11 RT Channelized L T R L T R (veh/h 3 0 21 Approach Eastbound Westbound Northbound Southbound Movement 1 eak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 [HEouolume rlyFlow Rate, HFR eh/h) 3 0 21 0 0 0 ercent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 8 0 — 10.2 0 — Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 0 0 Configuration LTR Delay, Queue Length,and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR v(veh/h) 35 24 C (m) (veh/h) 1314 716 /c 0.03 0.03 5% queue length 0.08 0.10 Control Delay (s/veh) 7.8 10.2 OS A 8 pproach Delay (slveh) — — 10.2 pproach LOS — — 8 aright 0 2010 University of Florida. All Rights Reserved HCS+TM Version 5.8 --l" file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Tetnp\u2k350.tmp 11/7/2013 Two -Way. Stop Control TWO WAY STOP CONTROL SUMMARY Site Information 3 Page 1 of 1 Vehicle Volumes and Ad ustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h 310 7 21 193 Peak -Hour Factor PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h 0 310 7 21 193 0 Percent Heavy Vehicles 0 Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 1 0 Configuration TR L T Upstream Sl nal 0 0 inor Street Northbound Southbound ovement 7 B 9 10 11 12 L T R L T R olume veh/h) 11 0 68 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 ouriy Flow Rate, HFR (veh(h) i1 0 68 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 ercent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 0 0 onfiguration LTR Delay, Queue Length, and Level of Service pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LTR v (veh/h) 21 79 C (m) (veh/h) 1255 685 Ic 0.02 0.12 9. % queue length 0.05 0.39 Control Delay (s/veh) 7.9 10.9 LOS A 8 pproach Delay (slveh) — — 10.9 pproach LOS — — B C Wthl ® 2010 University of Florida. AN fthts Reserved NCS+TAA Version 5.6 uenwaie¢ 1 uncv IQ 4.101 rm file:HCADocuments and Settings\Witcher Engr LLP\Local Settings\Temp\u2k342.tmp 11/7/2013 lwo-way stop control rage I of > Copyright 0 2010 University of Florida, AN Rights Reserved HCS+'fm Version 5.5 Generales: rimula a: i r rni file:HC:\Documents and SettingsMitcher Engr LLP\Local Setdngs\Temp\u2k355.tmp 11/7/2013 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY EGenermalInformation Site information VMalyst ISEW I ion T en /Co. PAPPAS ion HAW CO te Performed 10/152013 Realysis KnalYear 028 North/South Street: Time Period MM 15 YR Project Description HILO HILLSIDE JOB#608-02-13 HHPKEX4M15Y East/West Street: PUAINAKO North/South Street: KUKUAU Intersection Orientation: East-West IStudy Period hrs : 1.00 Vehicle Volumes and Ad-ustments Ma or Street Eastbound Westbound Movement 1 2 3 4 5 5 L T R L T R Volume veh/h 1 342 8 24 213 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 1 (veh/h) 342 8 24 213 6 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 1 i 0 1 1 0 Configuration L TR L TR Upstream Signal 1 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 12 7 79 14 2 1 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 12 (veh/h 7 79 14 2 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR v (veh/h) 1 24 98 17 C (m) (veh/h) 1362 1220 612 349 lc 0.00 0.02 0.16 0.05 5% queue length 0.00 0.06 0.57 0.15 Control Delay (s/veh) 7.6 8.0 12.0 15.8 LOS A A B C pproach Delay (s/veh) — — 12.0 15.8 pproach LOS — — 8 C Copyright 0 2010 University or Florida, All Rights Reserved HCS+na Version 5.8 Generated: 11/7/2013 3:08 PM file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\u2k347.tmp 11/7/2013 I Wo- W tty atUp ,�.Uniroi TWO-WAY STOP CONTROL SUMMARY rayc>vxi al st EW ntersection T en /Co. APPAS rlsdiction HAWAII CO te Performed 10/15/2013 Ia lysis Year 2028 al sis Time Period PM15YR Vehicle Volumes and Maior Street Movement 1 2 3 4 5 0 L T R L T R Volume (veh/h) 1 311 14 85 361 19 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h 1 311 14 85 361 19 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream SI nal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh(h) 4 5 46 2 8 1 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h 4 5 46 2 8 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Way, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (veh/h) 1 85 55 11 C (m) (veh/h) 1190 1246 565 280 lc 0.00 0.07 0.10 0.04 95% queue length 0.00 0.22 0.32 0.12 Control Delay (s/veh) 8.0 8.1 12.1 18.4 LOS A A B C Approach Delay (slveh) — — i2.1 18.4 Approach LOS -- — B C Copyright ® 2010 University of Florida, All Rights Reserved HCS+*a Version 5.6 Generated: 11M2013 3:1817M file:HC:\Documents and SettingsMitcher Engr LLP\Local Settings\Temp\u2k35A.tmp 11/7/2013 Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY General Information Me Information Page 1 of 1 nal st BEW ntersection T e /Co. PAPPAS urisdiction HAWAi1 CO Date Performed 10/15/2013 1 is Year 2033 nal sis Time Period M 20 YR 1.00 and Copyright 0 2010 Universay of Florida. All Rights Reserved HCS+TM Version 5.6 Generated: 111712013 3:10 PM BleWCADocuments and SettingsMitcher Engr LLP\Local Settings\Temp\u2k34B.tmp 11/7/2013 L T R L T K Volume (veh/h) 1 377 8 24 235 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR Leh/h) 1 377 8 24 235 6 Percent Heavy Vehicles 0— Median Type Undivided RT Channelized 0 0 Lanes 1 ! 0 1 1 0 orfiguratlon L TR L TR U stream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/11) 12 7 79 14 2 1 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h 12 7 79 14 2 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR v (veh/h) 1 24 98 17 C (m) (veh/h) 1337 1185 578 319 /c 0.00 0.02 0.17 0.05 95% queue length 0.00 0.06 0.61 0.17 Control Delay (s/veh) 7.7 8.1 12.5 16.9 LOS A A B C Approach Delay (s/veh) — — 12.5 16.9 Approach LOS — — B C Copyright 0 2010 Universay of Florida. All Rights Reserved HCS+TM Version 5.6 Generated: 111712013 3:10 PM BleWCADocuments and SettingsMitcher Engr LLP\Local Settings\Temp\u2k34B.tmp 11/7/2013 Two -Way Stop Control Page 1 of 1 Copyright 2010 University of Florida. AA Rights Reserved HCS+Tµ Version 5.6 Generated: 11U12013 3:111FM file://C:Tocuments and Settings\Witcher Engr LLP\Local Settings\Temp\u2k35F.tmp 11/7/2013 TWO WAY STOP CONTROL SUMMARY General information Site Information al st SEW Intersection T en /Co. PAPPAS urisdiction WAII CO te Performed Ia 10/1&2013 nal sis Year 2033 al sis Time Period 7PM2 YYR Pro'ect Description HILO HILLSIDE JOB#608-02-13 HHPKEXPM20Y East/West Street: PUA/NAKO - orth/South Street: KUKUAU Intersection Orientation: East-West IStudy Periodhrs : 1.00 Vehicle Volumes and Ad'ustments Ma'or Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume vehlh) 1 343 14 85 398 19 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h 1 343 14 85 398 19 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 onfiguration L TR L TR U stream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume veh/h) oak -!-four Factor, PHF 4 1.00 5 1.00 46 1.00 2 1.00 8 1.00 1 1.00 ouriy Flow Rate, HFR4 vehlh 5 46 2 8 1 Percent Heavy Vehicles 0 0 J 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th, and Level of Service pproach Eastbound Westbound Northbound Southbound ovement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vehlh) 1 85 55 11 C (m) (veh/h) 1153 1213 530 254 V/c 0.00 0.07 0.10 0.04 95% queue length 0.00 023 0.35 0.14 Control Delay (s/veh) 8.1 8.2 12.6 19.8 LOS A A B C proach Delay (s/veh) — — 12.6 19.8 pproach LOS — — B C Copyright 2010 University of Florida. AA Rights Reserved HCS+Tµ Version 5.6 Generated: 11U12013 3:111FM file://C:Tocuments and Settings\Witcher Engr LLP\Local Settings\Temp\u2k35F.tmp 11/7/2013 APPENDIX D LEVEL OF SERVICE PUAINAKO STREET & KUKUAU STREET 3% GROWTH UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY Page 1 of 1 al st BE ntersection T en /Co. PAPPAS risdidion HAWAII CO EastlWest Street: PUAINAKO te Performed 10/15/2013 11nalysis na is Year 2028 KUKUAU Time Period AM 15 YR Project Description HILO H/LLSIDEJOB#608-02-13 HHPKEX4M15Y3 EastlWest Street: PUAINAKO rth/South Street: KUKUAU Intersection Orientation: East-West[Study Period hrs : 1.00 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 1 382 8 22 237 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 1 NOW 382 8 22 237 6 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Si nal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 11 7 61 14 2 1 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 11 (veh/h 7 61 14 2 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration I LTR LTR Delay, Queue Lencath. and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (veh/h) 1 22 79 17 (m)(veh/h) 1335 1180 562 329 v/c 0.00 0.02 0.14 0.05 95% queue length 0.00 0.06 0.49 0.16 Control Delay (s/veh) 7.7 8.1 12.5 16.5 LOS A A B C Approach Delay (s/veh) — — 12.6 16.5 Approach LOS — — B C Copyright ® 2010 University of Florida, AN Rights Reserved NCS+nA Version 5.6 Generated: 11!112013 2:00 PM file:HCADocuments and SettingsMitcher Engr LLP\Local Settings\Temp\u2k332.tmp 11/1/2013 Two -Way Stop Control I TWO-WAY STOP CONTROL SUMMARY Information Page 1 of 1 BEW Mersecriion T o. PAPPAS urisdiction HAWAII CO Fenformed 10/15/2013 nal is Year 2028 Time Period PM15YR rth/South Street: Project Description HILO HILLSIDE JOB#608-02-13 HHPKEXPM15Y3 EasVVVest Street: PUAINAKO rth/South Street: KUKUAU Intersection Orientation: East-West Pudy Period hrs : 1.00 Vehicle Volumes and Adjustments Ma or Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 1 347 11 77 403 19 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 1 eh/h) 347 11 77 403 19 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR U stream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 4 5 43 2 8 1 Peak -Hour Factor. PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 4 (veh/h 5 43 2 8 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay,Queue Length, d Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 B 9 10 11 12 Lane Configuration L L LTR LTR v (veh/h) 1 77 52 if C (m) (veh/h) 1148 1212 527 259 /c 0.00 0.06 0.10 0.04 5°A queue length 0.00 0.20 0.33 1 0.13 Control Delay (s/veh) 8.1 8.2 12.6 19.5 OS A A 8 C Approach Delay (s/veh) -- — 12.6 19.5 Approach LOS — - 8 C Copyright 0 2010 University of Florida, All Rights Reserved HCS+TM Version 5.5 Generated: 11!1!2013 2:07 PM file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\u2k33C.tmp 11/1/2013 Two -Way Stop Control TWO-WAY STOP CONTROL SUMMARY .00 Volumes and Page 1 of 1 olu ,a (veh/h Peak -Hour Factor, PHF 1 1.00 458 1.00 a 1.00 zz 1.00 400 1.00 V 1.00 Hourly Flow Rate, HFR (vetl/tt 1 458 8 22 285 6 Percent Heavy Vehicles 0 — — 0 — Medan Type Undivided T Channelized 0 0 Lanes 1 1 0 1 1 0 onfiguration L TR L TR U stream Signal 0 0 inor Street Movement 7 Northbound 8 9 10 Southbound 11 12 L T R L T R olume veh/h) 11 7 61 14 2 1 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h) 11 7 61 14 2 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (9'G) 0 0 Flared Approach N N Storage RT Channelized 0 0 0 0 lanes 0 1 0 0 1 0 Configuration LTR I LTR Delay, Queue Length. and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 a 9 10 11 12 e Configuration L L LTR LTR eh1h) 1 22 79 17 m) (veh1h) FV_,_c_ 1282 1106 494 271 0.00 0.02 0.16 0.06 queue length 0.00 0.06 0.57 0.20 Control Delay (s/veh) 7.8 8.3 13.7 19.2 LOS A A B C Approach Delay (s/veh) — — 13.7 19.2 pproach LOS — — B C Copyright O 2010 University of Florida. NI Rights Reserved HCS+ -IN version 5.5 vnIIVIGI ,. r ....� ..., .... fileWCADocuments and Settings\Witcher Engr LLP\Local Settings\Temp\u2k337.tmp 11/1/2013 Two -Way Stop Control Page 1 of 1 al st 0 University of Florida. AV Rights Reserved HCS+TM Version 5.6 Generaiea: nnrrvi4 Copyright 201 TWO-WAY STOP CONTROL SUMMARY ntersection T en /Co. General Information risdidion AWAIT CO de Information 10/13/2013 al sis Year 2033 al sis Time Period Vffi Pro Description HIL.O HILLSIDE JOB#608-02-13 HHPKEXPM20Y3 East/West Street: PUA/NAKO orth/South Street: KUKUAU Intersection Orientation: East-West tud Period hrs : 1.00 Vehicle Volumes and Ad ustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh1h 1 417 11 77 484 19 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 1 417 11 77 484 19 Percent Heavy Vehicles 0 — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 4 5 43 2 8 1 Peek -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h 4 5 43 2 8 1 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 uration ITR LTR Queue Length, and Level of Service ach Eastbound Westbound Northbound Southbound ment 1 4 7 B 9 10 11 12 Configuration L L LTR LTR /h) 1 77 52 11 (veh/h) [95% 1072 1142 457 209 0.00 0.07 0.11 0.05 ueue length 0.00 0.22 0.38 0.17 ol Delay (slveh) 8.4 8.4 13.9 23.2 A A B C ach Delay (s/veh) — — 13.9 23.2 ach LOS — — B C al st 0 University of Florida. AV Rights Reserved HCS+TM Version 5.6 Generaiea: nnrrvi4 Copyright 201 8EW ntersection T en /Co. PAPPAS risdidion AWAIT CO Date Performed 10/13/2013 al sis Year 2033 al sis Time Period 20YR z:iu rm file://C:\Docunents and Settings\Witcher Engr LLP\Local Sett ings\Temp1u2k342.tmp 11/1/2013 APPENDIX E TRAFFIC MOVEMENT DIAGRAMS PUAINAKO STREET & KUKUAU STREET UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Puainako Street and Kukuau Street Traffic Movement - Existing Condition AM Peak Hour - 7:00 AM to 8: AM Saddle Road 256 160 2 254 2 158 i H w w � I c~n f r 2 i 4 2 KUKUAU STREET `jam 2 - — -- 4 2 , O Y Q _Z Q 0. I E I I i I 2 2`A 2 158 256 Konichana 160 "Vk WITCHER ENGINEERING LLP A 60E-0-13 ro eex _4S Consulting Civil Engineers Hot-)-. HI Sn _•5 10.141113 ;956133 33-22 Construction Managers Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Puainako Street and Kukuau Street Traffic Movement - Existing Condition PM Peak Hour - 4:15 PM to 5:15 PM 2 9 4 2 KUKUAU STREET 2 4 f , Saddle Road 233 270 2 231 2 268 A 6DE-01-13 101Q1i13 W W F - 1n 231 2 268 233 Komohana 270 �v&Jz WITCHER ENGINEERING LLP o Bu. _4e Consuhing Civi: Eng;neers i'auatx. HI 467:5 Construction Managers Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Puainako Street and Kukuau Street Traffic Movement - 5 -Year Condition AM Peak Hour - 7:00 AM to 8: AM Saddle Road 284 180 4 280 6 174 LU w a cf) i 4 — 15 11 KUKUAU STREET i 41 35 v O ` z I j IL j 1 I 1 i 35 280 11 174 315 Komchana 185 w� WITCHER ENGINEERING LLP JN WE 0i-1 ; o 0. Box A5 ConsAng Civil Engineers Hcluasoa, HI SC12f,, i o m rt 3 Construction Managers Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Puainako Street and Kukuau Street Traffic Movement - 5 -Year Condition PM Peak Hour - 4:15 PM to 5:15 PM Saddle Road 262 299 7 255 3 296 I W w U 42 35 -� KUKUAU STREET 3 —_ ---�' 24 21 ` I O z a I I 21 255 35 296 276 Komohana 331 Avg- WIT CHER ENGINEERING LLP a JNsob eI•13 Hm �•H�,_5 Consulting Civil Engineers rQ01/13 D303:4 -'J , Construction Manager Hilo Hillside Estates Proposed 3-Phase, 143-Lot Subdivision Puainako Street and Kukuau Street Traffic Movement -10-bear Condition AM Peak Hour - 7:00 AM to 8: AM Saddle Road 317 204 7 310 11 193 i F— w LU r i f r 7 fi 28 KUKUAU STREET r 79 I e� O Y Q _Z Q 0_ i 68 310 21 193 378 Komohana 214 WITCHER ENGINEERING LLP JN Wb-01 -I'-' P 9 Spa 348 Consulting Civil Engineers itlualaa. Construction Managers 1(YDI% 13 t809)33�-03?� g Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Puainako Street and Kukuau Street Traffic Movement -10-Year Condition PM Peak Hour - 4:15 PM to 5:15 PM Sadd e Road 294 331 12 262 4 327 i i F— LU W Cn 12 85 73------ KUKUAU STREET 4--- 48 44 O 1 Y i Q Z_ f j D I 44 282 73 327 326 Komchana 400 -A WITCHER ENGINEERING LLP 3N (i0E-C't-1's P,0 ,ue s Consulting Civil Engineers r_s iuovi t eas ss+o z_ Construction Managers Hilo Hillside Estates Proposed 3-Phase, 143-Lot Subdivision Traffic Movement -15-Year Condition AM Peak Hour - 7:00 AM to 8:00 AM 17 14 1 2 14 1 7 6 II � 1 F- w U.1 I t f � 6 1 - 226 213 \ 213 243 24 PUAI NAKI �'� STREET 1 14 i 351 342— — 342 435 8 79 i I I} `L Y I I 8 2 24 12 7 79 34 98 AN& WITCHER ENGINEERING LLP Pe B=2AB Consulting Civil Engineers wduWoa. K� 2* 96-7=5 Construction Managers .114 EUE-01-13 ,sort 334 03= 10101/13 36 32 Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Traffic Movement -15-Year Condition PM Peak Hour - 4:15 PM to 5:15 PM 25 107 55 I 606-01-13 10/01/13 165 359 4!E WITCHER ENGINEERING LLP PO 9.x318 Consulting Civil Engineers hauaUa. H-0, W725 Construction Managers (Co0)3:/ 0.32-2 Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Traffic Movement - 20 -Year Condition AM Peak Hour - 7:00 AM to 8:00 AM 17 14 1 2 14 1 7 6 ! 4 W W w F- 6 248 235 ` ! 235 265 24 PUAINAKI STREET 14 377 ------ ' 377 470 386 - 8 _ �; —� 79 I 1 i ! Y Y i f llll I ! 8 2 24 12 7 79 34 98 WITCHER ENGINEERING LLP DC 6-3-9 COnsuRing Civil Engineers �n 608-01 -13 11j.w M m 90''� Construction Managers r ami s Hilo Hillside Estates Proposed 3-Phase, 143-Lot Subdivision Traffic Movement - 20-Year Condition PM Peak Hour - 4:15 PM to 5:15 PM 11 25 1 8 2 1 5 19 1 w w tr H v7 1 19 403 398 398 502 -- ------ - -- _--- 85 PUAINAKI STREET 1 - 2 358 343 343 391 14 46 � E Y I 14 8 85 4 5 46 107 55 WITCHER ENGINEERING LLP AN* Po eux3-E Consulting Civil Engineers A, soy-oi 1 s res b Hv*w95 Z5 Construction Managers ro�ov�a APPENDIX F TRAFFIC MOVEMENT DIAGRAMS PUAINAKO STREET & KUKUAU STREET 3% GROWTH UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS 24' Hilo Hillside Estates Proposed 3 -Phase, 143 -Lot Subdivision Traffic Movement - 15 -Year Condition, 3% Growth AM Peak Hour - 7:00 AM to 8:00 AM 17 14 ?65 1 { 14 391 382 I -- 382 457 61 V 6OD-01-i; 10'1:'iS VVITCHER ENGINEERING LLP AW.0.1 MMO +^ Consitltinc C-ivil Engmeers Cons ucOn Manager: Hilo Hillside Estates Proposed 3-Phase, 143-Lot Subdivision Traffic Movement -15-Year Condition, 3% Growth PM Peak Hour - 4:15 PM to 5:15 PM 11 25 emAwN roAft-% 1 8 2 1 5 19 F- cu LU W- 408 403-- 403500 4 77 PUAINAKI STREET 1 2 359 347 347 392 — 43 �f Q Y Y 1 it 1-7 4 5 43 96 5 WITCHER ENGINEERING LLP Fc c• Co C-h�i! Enain�r �ia4ml.n Ftawai�Q.-_c c4si,,ruc ion I>rlenagers 904' i. 7c Hilo Hillside Estates Proposed 3-Phase, 143-Lot Subdivision Traffic Movement - 20-Year Condition, 3% Growth AM Peak Hour - 7:00 AM to 8:00 AM 17 14 1 2 14 1 7 6 F- LU w af 1 6 297 285 285 316 11 22 PUAINAKI STREET 1 14 467 458 - 458 533 8 — 61 r � Y Y S 2 22 11 7 61 32 ?G AWVVITCHER ENGINEERING LLP r,- F,•_s-s Conw,69g Civil Engineers Wli.nla Fin.aw W:- - Construction M nagers A f)E-01-i: i^om a...:-m= '•0;01:23 Hilo Hillside Estates Proposed 3-Phase, 143-Lot Subdivision Traffic Movement - 20-Year Condition, 3% Growth PM Peak Hour - 4:15 PM to 5:15 PM 11 25 rwAom% r=d%-% 1 S 2 1 5 19 W w c� En i i 489 484 -- 484 580 4 77 PUAINAKI STREET 1 2 429 417------- I 417 462 43 � I 4 Y Y 11 8 77 4 5 43 96 5' V� WITCHER ENGINEERiNIG LLP r.a. a Z. sae. Consulting Civil Enoaleers J� BpS ` w'un H-^., 1 "F Cnns:6ic for ManageiT IDT1 1: SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 - Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Cell: (808) 989-0640 E-mail: sidfuke@hawaiiantel.net December 10, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 ATTN: Ms. Maija Jackson Dear Mr. Kanuha: PLA -:"No dEPARTN"T MINTY OF konA1! 20 14 DEC • Planning • Variance - Zoning 10 PH 1: SEnbdivision - Land Use Permits • vironmental Reports Subject: Time Extension and Amendments to Rezoning Ordinance 08 115 Applicant: Moaniala Holdings, LLC Kukuau 1st, South Hilo, Hawai i, TMK: 2-4-082: 058 & 059 This is to follow up on my letter, dated November 212014, and subsequent discussions with your staff, Ms. Maija Jackson, on the subject matter. Regarding the 80 -foot wide right-of-way for the Kupulau Street Extension situated on the north side of the Puainako Street Extension and described by TMK: (3) (TMK: 2-4- 075: 070, the Applicant always intended to convey said right-of-way parcel to the County as currently required by Condition D. Its omission was an inadvertent error on my part. As such, that specific language — "The applicant shall dedicate the land area for the proposed Kupulau Street Extension between Puainako Street and Pulaku Street" - should be retained. For the sake of clarity, however, you might want to consider including the specific tax map key number to that condition. The affected parcels covered by the original rezoning ordinance were identified by TMK: 2-4-008: Portions of 014 and 026. Since then, with the subdivision of property for the Puainako Street Extension right-of-way as well as Phase I of the project, new tax map key numbers were assigned. Specifically, for the habitable lots within Phase I of the project, they were assigned TMK: 2-4-082: 001 to 056. Parcel 057 is a road lot whose tax map key number has since been extinguished, and Parcel 060 is a drainage basin which has been dedicated to the _ County. A parcel situated on the north side and created as a result of the Puainako Street ' ` ` ? ' ` Lien" Extension was assigned TMK: 2-4-082: 061. The remaining undeveloped phases are 1bil` identified by TMK: 2-4-082: 058 and 059. The tax map is attached for your information. -- -ZL Given that the original tax map key of the ordinance is obsolete and any ap 1 r conditions of approval relative to the habitable lots within Phase I (i.e., TMK: 2-_I - 082.00.1 to 056) as well as the remnant lot on the north side of the Puainako Street Extensi n (TMK: 2-4-082: 061) have or at least should have been addressed prior to receipt of final Mr. Duane Kanuha December 10, 2014 Page 2 subdivision approval, we respectfully request that the tax map key reference to the rezoning bill for this time extension be identified as TMK: 2-4-082:058 and 059. To include all of the other parcels and thus necessitating landowners' consent to this extension request would be quite problematic. Further, even if possible, there would also be the potential issue of the applicability of any conditions attached to this rezoning time extension request. Notwithstanding the above, inasmuch as all of these parcels were part of the original rezoning request, the notices to surrounding property owner would be taken not only from the remaining undeveloped parcels (TMK: 2-4-082: 058 and 059) but from all parcels that were once part of the original rezoning. I trust that this adequately addresses and/or summarizes our discussion. If not, please feel free to contact me. Thank you very much! Sincerely, a%ML Planning Consultant Enclosure Copy — Moaniala Holdings, LLC w/ enclosure AqgSidneyFuke, Planrrni'g Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 -'Planning • Variance • Zoning Telephone: (808) 969-1522 • Cell: (808) 989-0640 • Subdivision • Land Use Permits E-mail: sidfuke@hawaiiantel.net • Environmental Reports f December 16, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 141 Pauahi Street Hilo, HI 96720 ATTN: Ms. Maija Jackson Dear Mr. Kanuha: Subject: Time Extension and Amendments to Rezoning Ordinance 08 115 Applicant: Moaniala Holdings, LLC TMK: 2-4-082:01-56, 58-61 (formerly 2-4-008: uor 14 and 26) This is to follow up on my discussion with your staff, Ms. Maija Jackson, on the subject matter. Specifically, this dealt with the issue of the inconsistencies of the tax map keys between the original ordinance (Ord. 08 115) and the current time extension request. The affected parcels covered by Ord. 08 115 were identified by TMK: 2-4-008: Portions of 014 and 026. Since then, with the subdivision of property for the Puainako Street Extension right-of-way as well as Phase I of the project, new tax map key numbers were assigned. New tax map key numbers have since been assigned to the area covered by the original ordinance. They are now identified as TMK 2-4-082:001-056, 058-061 (formerly 24-008: por 014 and 026). Accordingly, we would like to request that the properties in the amended ordinance be identified as TMK 2-4-082:001-056, 058-061 (formerly 2-4-008: por 014 and 026). Please let me know if you have further questions on this matter. Thank you very much! Copy — Moaniala Holdings, LLC Sincerely, SIDNEY M. FUKE Planning Consultant �.a.nninq Dept. f `a��t SCANNED SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning - Variance • Zoning Ar� Telephone: (808) 969-1522 • Cell: (808) 989-0640 • Subdivision • Land Use Permits E-mail: sidfuke@hawaiiantel.net _ • Environmental Reports January 26, 2015 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 ATTN: Ms. Maija Jackson Dear Mr. Kanuha: Subject: Time Extension and Amendments to Rezoning Ordinance 08115 Applicant: Moaniala Holdings, LLC TMK: 2-4-082:01-56, 58-61 (formerly 2-4-008: nor 14 and 26) This is to confirm my discussion with your staff, Ms. Maija Jackson, on the subject matter and to respond to the Department of Water Supply's ("DWS")comments. A Relative to the proposed amendments to Condition, as noted to Ms. Jackson, this was to apply only to the improvements and land outlined in Condition D and not Condition E. Condition E related to restriction of each lot to only one single-family dwelling, and this condition should remain as stated. This was an oversight on my part and I apologize. The DWS is recommending that the water commitment fees be payable within 180 days from execution of the construction contract for the Pi'ihonua-Kukuau Transmission line project. This was discussed with the applicant, and the applicant has no objection to such a condition. Should there be any questions or comments on this matter, please feel free to contact me. Thank you very much! Copy — Moaniala Holdings, LLC Sincerely, SIDNEY M. FUKE Planning Consultant o � aQo Z < v n o� L0 O z 9 NE o�aZ W J M C" < Q W O N u Z N = a% ~ z m Z U W 0 (NV) OL� w m o a 0 LL- — I— Z w0 Q m o v m o LLI (n Z c c z U W a 0 z Z O= _1 Q UdV) L o Ir cc U) w O LL L Q T -' ° o m z zo �Z c') ry F F �� 0 y FW- > w a J O O O r y v a o 0 to o z a U w z o `o a o r o O Ute— QN C7 U U < O W m00 O o z z << �mO fn W N g w Q Q :. N w W K W O w z O = d y °°sN Z Z O D 3=� 3 w r y M o` U H ¢ o m r = o N 2 � 1 ti Q N N Z N _ o ON E L i 285 39 1 ij6 / N� EOs`rt�e,/ Ln D Ln /W W :D W Y N ' / 10 (30410) cO c \r+ M by�1A LD �,y9� N , o tP e z so2 l 66 w s �s ' O � N N s , � roll c z � VENUE AVE V1 WA NOfAN RAINBO 1 o. F� Q ? yJ, '• N JPS �10 OOPS 5� yAINAKO AVE OV NV P SS `> ,I O �2 �� 17 \k 0.11 O 2 c"y9f9�r2 .r���� SOS 0o 0 PFJ I� -vyr�r � SA Sz P L UgAl/rrp 4 Uq S U9[Ey 4�9�i • , J`' W_ NOWELO ST C9,yF`�2 OLENA ST �'rJr A%VU PL HON/ P( 1t { �T p�W(OKU St� 21 � �t1AlIVA1C0 S7 � � D Is Q � ♦ r "� pvAtNAXT • N o m z v � z i3�• � � 0 0 Z z ~ _ 1 Z n D 2 n EDENA ST z Z yILIWAI Sr _75 .. . W KAWAILANI ST n C v � `r - .• PUyU ALEWPL C c yA WE LE PL UyILANI PL ~ 0 PUKANA ST N #16 Proposed 80' R/W Exten. - Kupulau Rd. Suggest to leave this alignment based on the Proposed Future GP roadway alignment delineated in green. iunning�3fi Exhibit DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: January 13, 2015 TO: Duane Kanuha, Planning Director FROM: 4VWDepartment of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE NO. 738 (REZ 91-000013) Applicant: Moaniala Holdings, LLC Request: Amendments to Conditions B, C, D, and H TMKs: 2-4-82: 001-056, & 058-061 (formerly 2-4-08: por. 014 & 026) We have reviewed the subject application forwarded by your memo dated December 18, 2014 and offer the following comments for your consideration. The existing condition to construct (and connect) the Kupulau Street extension to the Puainako Street extension (within Phase 3) will serve a greater purpose than the proposed construction of that portion (isolated) of the Kawailani Street extension within Phase 2. If the proposed re -wording of Condition D which states "The portion of the Kupulau Street extension within the subject property and up to the drainage easement adjacent to the Puainako Street extension [from Puainako Street to the southern property line] shall be constructed to county dedicable standard ..." is approved, then the last part of that same sentence should also be bracketed [and shall serve as an additional ingress/egress for the subdivision] as there will be no physical connection of the Kupulau Street extension to the Puainako Street extension. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept hibo County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY 345 KEKUANAO`A STREET, SUITE 20 TELEPHONE (808) 961-8050 January 21, 2015 • COUNTY OF HAWAVI • HILO, HAWAII 96720 FAX (808) 961-8657 TO: Mr. Duane Kanuha, Director Planning Department FROM: Quirino Antonio, Jr., Manager -Chief Engineer SUBJECT: CHANGE OF ZONE (REZ 738) REQUEST — AMEND CONDITIONS B, C, D AND H APPLICANT — MOANIALA HOLDINGS, LLC —� TAX MAP KEY 2-4-082:001-056,058-061 (FORMERLY 2-4-008:PORTIONS 014 AND 026) We have reviewed the subject request and have the following comments. The Department recommends that Condition B be amended as below: The required water commitment payment for the remaining phases of development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the execution of the construction contract for the Pi`ihonua-Kukuau Transmission Line nroiect by the Department of Water Supply and the Water Board. The applicant shall pay installation and facilities charges as required by the Department of Water Supply. Should there be any questions, please contact Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ:dfg copy - Moaniala Holdings, LLC Mr. Sidney Fuke, Planning Consultant Quir Man yours, Antonio, Jr., P.E. -Chief Engineer SCANNED Water, Our 1-fost Precious Resource ... ?Ka Wai AKane ... I BY; The Department of Water Supply is an Equal Opportunity provider and employer William P. Kenoi Harry S. Kubojiri Mayor t. Police Chief '-. Paul K. Ferreira Deputy Police Chief County of Hawai ' i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax(808)961-2389 January 2, 2015 TO DU E t ' NUHA, PLANNING DIRECTOR FROM HENRY TA RES, JR., ASSISTANT POLICE CHIEF AREA4 ERATIONS SUBJECT: CHANGE OF ZONE APPLICATION 738 (REZ-91-000013) APPLICANT: MOANIALA HOLDINGS, LLC REQUEST: AMENDMENT TO CONDITIONS B (WATER COMMITMENT PAYMENT), C (TIME EXTENSION TO SECURE FINAL SUBDIVISION APPROVAL FOR REMAINING PHASES AND DELETION OF A CONSTRUCTION BOND TO CONSTRUCT THE KUPULAU STREET EXTENSION), D (CONSTRUCTION OF KAWAILANI STREET AND KUPULAU STREET EXTENSION), AND H (FAIR SHARE CREDITS FOR ROAD IMPROVEMENTS) OF CHANGE OF ZONE ORIDINANCE 08 115, WHICH AMENDED ORDINANCE 93 36, WHICH REZONED APPROXIMATELY 170 ACRES FROM AGRICULTURAL -20 ACRE (A- 20), AGRICULTURAL -10 ACRES (A -10A), AND AGRICULTURAL -3 ACRES (A -3A) TO RESIDENTIAL AND AGRICULTURAL -1 ACRE (RA - 1 A); TAX MAP KEY: 2-4-082:001-056, 58-61 (FORMERLY 2-4008:POR 014 AND 026) Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961- 2214 RS:Ili 140811 P kms. B "llawai'i County is an Equal Opportunity Provider and Employer" r.-,.K:.�,,.• ,�.. .- _ �, ,, , DAVID Y. IGE GOVERNOR OF HAWAII MEMORANDUM DATE: December 23, 2014 o�ti� ...... B S g �� q h: t-. s STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye o" District Environmental Health Program Chief KEITH YAMAMOTO - - ACTING DIRECTOR OF HEALTH _5 SUBJECT: Change of Zone No. 738 (REZ-91-000013) Applicant: Moamala Holdings, LLC Request: Amendment to Conditions B (Water Commitment Payment), C (Time Extension to Secure Final Subdivision Approval for Remaining Phases and Deletion of a Construction Bond to Construct the Kupulau Street Extension), D (Construction of Kawailani Street and Kupulau Street Extension), and H (Fair Share Credits for Road Improvements) of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A -20a), Agricultural -10 Acres (A -10a), and Agricultural -3 Acres (A -3a) to Residential and Agricultural -I Acre (RA -la) Tax Map Key: 2-4-082:001-056, 58-61 (formerly 2-4008:por 014 and 026) The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD: REZ-91-000013-1.ni �-s - • DEC 2 9 2014 January 13, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: via email: idarrow(@-co.hawaii.hi.us SUBJECT: Change of Zone No. 738 (REZ 91-000013); Amendment to Conditions of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A - 20a), Agricultural -10 Acres (a -10a), and Agricultural -3 Acres (A-31) to Residential and Agricultural -1 Acres (RA -la), Moaniala Holdings, LLC, Applicant, South Hilo, Hawaii; TMK: (3) 2-4-082:001-056, 58-61 (formerly 24-008: por. 014 and 026) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Enclosure(s) Sincerely, Kussell Y. Tsuji Land Administrator �e.�1J��j"� ° --Ay 096354 ON h�4 .. ... .. r�td DAVID Y. IGE a !:,sy CARTYSCHANG WVWMR or HAWAII Aalu«Icluwrrnwa+ -..H HIM111)16 HAND ANI) NA'IIa" NGLNINCES WA'i191 RE7ItAML7i A1AN1HIIE:MFN1 f,�CtAMt4�WRHNtHN V^d aaN� s c`a STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 S+att at HONOLULU, HAWAII 96809 January 13, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: via email: idarrow(@-co.hawaii.hi.us SUBJECT: Change of Zone No. 738 (REZ 91-000013); Amendment to Conditions of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A - 20a), Agricultural -10 Acres (a -10a), and Agricultural -3 Acres (A-31) to Residential and Agricultural -1 Acres (RA -la), Moaniala Holdings, LLC, Applicant, South Hilo, Hawaii; TMK: (3) 2-4-082:001-056, 58-61 (formerly 24-008: por. 014 and 026) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Enclosure(s) Sincerely, Kussell Y. Tsuji Land Administrator �e.�1J��j"� ° --Ay 096354 December 23, 2014 MEMORANDUM WILLIAM J. AILA. JR CIIArUULILM WDAMDUF..AND ANDNAIMW WFAIA'WUA LUMMMUN UN WAIEX AL%X WCF MANMWAD NI TQ! ; e c F Ar DAVID Y. IGE Div. of Aquatic Resources Q0VF"=0F HA WAD _Div. of Boating & Ocean Recreation ' X_Engineering Division STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 �+reDtH>r+1°� HONOLULU, HAWAII 96809 December 23, 2014 MEMORANDUM WILLIAM J. AILA. JR CIIArUULILM WDAMDUF..AND ANDNAIMW WFAIA'WUA LUMMMUN UN WAIEX AL%X WCF MANMWAD NI TQ! ; DLNR Agencies: Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X_Engineering Division — Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division – Hawaii District X Historic Preservation FI6M:TI " Jw-Russell Y. Tsuji, Land Administrator SUBJECT: Change of Zone No. 738 (REZ 91-000013); Amendment to Conditions of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A -20a), Agricultural -10 Acres (a-1Oa), and Agricultural -3 Acres (A-31) to Residential and Agricultural -1 Acres (RA -la) LOCATION: South Hilo, Hawaii; TMK: (3) 2-4-082:001-056, 58-61 (formerly 2-4-008: por. 014 and 026) APPLICANT: Moaniala Holdings, LLC Transmitted for your review and comment is information on the above referenced application. We would appciate your comments on this application. Please submit any comments by January 13, 20 12 if no response is received by this date, we will assume your agency has no comments. if you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. (� We have no comments. ( ) Comments are attached. Signed: _ �" Print name aE Date:— --- cc. Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/ Russell Y. Tsuji REF: Application for Amendments to Ordinance No. 08 115 by Moaniala Holdings LLC, South Hilo Hawaii.059 COMMENTS () We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone (X) Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone X. The National Flood Insurance Program (NFIP) does not regulate developments within Zone X. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is _ . (} Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at (808) 768-8098 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Frank DeMarco at (808) 961-8042 of the County of Hawaii, Department of Public Works. () Mr. Carolyn Cortez at (808) 270-7253 of the County of Maui, Department of Planning. () Mr. Stanford Iwamoto at (808) 241-4896 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. (} The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update O Additional Comments: ___. _...... ... ,___ _. O Other: Should you have any questions, please call Mr. Dennis Imada of the Planning Branch at 587-0257 Signed: CARTY S. HA G, HIEF ENGI +R Date: t/71- 15- ,�♦.'� w r � • a�-��3a ,fir a. ww�a� ;t . , �t .•'� � � i �� rtes t, "',��'� 14i y� ate► _���� fiLJ�"rt1JL. A ZONE PIKIV krr9w t : tt FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1% ANNUAL COUNTY: HAWAII CHANCE FLOOD—The 1% annual chance flood (100 -year flood), also known as the base TMK NO: (3) 2-4-082.001 flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. PARCEL ADDRESS: The Special Flood Hazard is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zone A, AE, AH, A0. V, and VE The Base Flood FIRM INDEX DATE: APRIL 02 2004 Elevation (BFE) is the water -surface elevation of the 1% annual chance flood Mandatory LETTER OF MAP CHANGE(S): ti6.09-8247P, 08•D9.0081 P 09-%212 flood insurance purchase applies in these zones FEMA FIRM PANEL(% 15516608800 Zone A: No BFE determined PANEL EFFECTIVE DATE: SEPTEMBER 16 1988 Zone AE: BFE determined ■ Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding) BFE detemrfned. Zone AD: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain) average depths determined Zone V. Coastal flood zone with vet M hazard (wave action) no BFE determined PARCEL DATA FROM JUNE 2013 ■ Zone VE: Coastal flood zone with velocity hazard (wave action) BFE determined IMAGERY DATA FROM: MAY 2005 ■ Zone AEF: Floodway areas in Zone AE The IlDodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without im.reasing the BFE WwJx NF IP Coordinator 14ONSPECIAL FLOOD HAZARD AREA -- An area in a bow -to -moderate risk flood zone County of Hawaii Frank DeMarco CFM (808) 9618042 No mandatory flood insurance purchase requirements apply, but coverage is available in State NFiP Coordinator participating communities t•arol Tyau Beam PE CFM (808) 587-0267 ■ Zona XS (X shaded): Areas of 0 2`i, annual chance flood areas of 1 %annual chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer The Department of Land and Natural Resources (DLNR) than 1 square mile; and areas protected by levees from 104 annual chance flood assumes no responsibility arising from the use of the information contained in this report. Viewers/Users are responsible for verifying tht- Zone X. Areas determined to be outside the 0 2% annual chance floodplain accuracy of the information and agree to indemnity the DL NR from any OTHER FLOOD AREAS liability. which may arise from Its use Zone D: Unstudied areas where flood hazards are undetermined but flooding is if this map has been identified as 'PRELIMINARY' or'UNOFFICIAL`, please note that it is being provided for informational purposes and is possible No mandatory flood insurance purchase requirements apply but coverage not to be used for official/legal decisions, regulatory compliance, or goo is available in participating communities insurance raring Contact your county NFIP coordinator for good zone determinations to be used for compliance with local floodplain management regulations MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources _Div. of Boating & Ocean Recreation _KEngineering Division —Div. of Forestry & Wildlife _Div. of State Parks Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division -- Hawaii District X Historic Preservation FROM: LRussell Y. Tsuji, Land Administrator (/'T SUBJECT: Change of Zone No. 738 (REZ 91-000013); Amendment to Conditions of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A -20a), Agricultural -10 Acres (a -10a), and Agricultural -3 Acres (A-31) to Residential and Agricultural- I Acres (RA -1 a) LOCATION: South Hilo, Hawaii; TMK: (3) 2-4-082:001-056, 58-61 (formerly 2-4-008: por. 014 and 026) APPLICANT: Moaniala Holdings, LLC Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by January 13, 204— If no response is received by this date, we will assume your agency has no comments. if you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( We have no comments. ( ) Continents are attached. 11 Sign Print name:o� Date: cc: Central Files hey t�E DAVID Y. IGE lop, O �: WILLIAM A AILA, JR GOVERNOROP HAWAII CHAIlft" RUARDtll LAND AND HATURALNIMIX IS CU&QA'=pN UN WATM RIMUWE 161ANACIM& H STATE OF HAWAII >t DEPARTMENT OF LAND AND NATURAL RESOURCES - LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII %909 December 23, 2014 MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources _Div. of Boating & Ocean Recreation _KEngineering Division —Div. of Forestry & Wildlife _Div. of State Parks Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division -- Hawaii District X Historic Preservation FROM: LRussell Y. Tsuji, Land Administrator (/'T SUBJECT: Change of Zone No. 738 (REZ 91-000013); Amendment to Conditions of Change of Zone Ordinance 08 115, which Amended Ordinance 93 36, which Rezoned Approximately 170 Acres from Agricultural -20 Acre (A -20a), Agricultural -10 Acres (a -10a), and Agricultural -3 Acres (A-31) to Residential and Agricultural- I Acres (RA -1 a) LOCATION: South Hilo, Hawaii; TMK: (3) 2-4-082:001-056, 58-61 (formerly 2-4-008: por. 014 and 026) APPLICANT: Moaniala Holdings, LLC Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by January 13, 204— If no response is received by this date, we will assume your agency has no comments. if you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( We have no comments. ( ) Continents are attached. 11 Sign Print name:o� Date: cc: Central Files SldneyFuke, Planning Consuitant woe 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance - Zoning Telephone: (808) 969-1522 • Cell: (808) 989-0640 • Subdivision • Land Use Permits E-mail: sidfuke@hawaiiantel.net r , rt • Environmental Reports January 27, 2015 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 ATTN: Ms. Maija Jackson Dear Mr. Kanuha: Subject: Time Extension and Amendments to Rezoning Ordinance 08115 Applicant: Moaniala Holdings, LLC TMK: 2-4-082:01-56, 58-61 (formerly 2-4-008: uor 14 and 26) Thank you for providing me with a copy of agency comments to date on the subject matter. In response to those comments, please note the following: 1. The County Department of Environmental Management had no comments or objections to the request relative to wastewater and solid waste. 2. The County Police Department noted that it "does not anticipate any significant traffic and/or public safety concerns." 3. Portions of the proposed Kupulau Street Extension ("KPSE") and Kawailani Street Extension ("KWSE") are situated within the project site. As such, the current rezoning condition calls for the construction of the KPSE to County dedicable standards within the subject site up to the Puainako Street Extension ("PSE"). This would involve the construction of bridge at considerable cost and, until the balance of the KPSE is completed, would have little regional traffic circulation value. While it will, nevertheless, provide an alternate access for the project, there are some practical concerns regarding its use and construction today, notwithstanding the cost of constructing a bridge. The PSE is a high speed road and is situated proximate to the existing street (Kukuau Street) that leads into the project site. Usually, the goal is to minimize access points off a high-speed regional road like the PSE. Creating an opening now to serve as an alternative access —when really not needed - for only the few lots within Phase 3 would frustrate that objective. Further, the existing intersection is already channelized, making it much safer for the few lots to utilize that street instead of the KPSE. At the same time, that portion of the KWSE within the subject site is to be onl3' 11 graded and sloped. Because that portion beyond the subject site is not develop%ed, - 09655` Mr. Duane Kanuha, Director January 27, 2015 Page 2 even if improved within the project site, it would have no access value for either the lots within the project or the region. Given the above, it is understandable why the County Department of Public Works — Engineering_ Division, while not objecting to the request, noted the obvious — which was that between the KPSE and the KWSE, the KPSE improvement would have greater value because it touches another road (PSE), whereas the KWSE does not. It also added that under that basis, the remaining portion of the existing condition which reads, "and shall serve as an additional ingress/egress to the subdivision" should be deleted. The applicant has no objections to its deletion, for it goes without saying that if and when the KPSE is completed to the PSE, it will be a public road and thus accessible to lots within and without the project area. 4. The State Department of Health found "no environmental health concerns" while the State Department of Land and Natural Resources had no comments except to confirm that the site is situated within Zone "X" on the Flood Insurance Rate Map. Should there be any additional questions or comments on this matter, please feel free to contact me. Thank you very much! Sincerely, r SIDNEY M. FUKE Planning Consultant Copy — Moaniala Holdings, LLC RMoanialaAmendREZAm 3/2/15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MOANIALA HOLDINGS, LLC (FORMERLY HILO HILLSIDE CORP) AMENDMENT TO CONDITIONS B, C, D AND H CHANGE OF ZONE ORDINANCE NO. 08 115 (REZ 738) Upon review of the request to amend Conditions B (water commitment payment), C (time extension to secure Final Subdivision Approval for remaining phases and deletion of a construction bond to construct the Kupulau Street extension), D (construction of Kawailani Street and Kupulau Street extensions), and H (fair share credits for road improvements) of Change of Zone Ordinance 08 115, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the County Council, with modifications to the applicant's requested amendments. 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 favorable recommendation is based on the following findings: The applicant requests to amend Conditions B, C, D and H of Change of Zone Ordinance No. 08 115, which amended Change of Zone Ordinance No. 93 36. The applicant is requesting to amend Condition B to change the timing of payment of water commitment fees for the remaining phases of development until after the Pi`ihonua- Kukuau Transmission Line Project is completed. This water transmission line project is needed in order for the Department of Water Supply to provide water to the site for development of the remaining phases. The condition currently requires payment of the water commitment fees within 180 days from the effective date of Change of Zone Ordinance 08 115. Condition C currently requires that Final Subdivision Approval for the remaining phases be secured by September 10, 2013. The applicant requests a time extension to secure Final Subdivision Approval for the remaining phases to 5 years after the water transmission line project is completed or 10 years from the effective date of this proposed amendment, whichever occurs first. Additionally, the applicant is requesting to delete the Re: Bill 38/Comm. 232 requirement to post a $3.5 million construction bond for the Kupulau Street extension improvements that are required in Condition D. The applicant requests to amend Condition D in order to modify roadway improvement requirements. Specifically, the applicant is proposing to construct the Kawailani Street extension to county dedicable standards rather than simply grading the right-of-way. Regarding Kupulau Street, the current condition requires that the applicant construct the entire Kupulau Street extension from Puainako Street to the southern property boundary to county dedicable standards. With this amendment the applicant would construct the Kupulau Street extension, except for the portion that crosses the drainage easement that runs parallel to Puainako Street. A bridge would need to be built over the drainage easement in order to connect Kupulau Street to Puainako Street. The applicant has indicated that the estimated cost of $3.5 million to build the bridge is an inequitable and excessive burden to place on one developer for a regional road improvement. The changes to this condition also clarify that the timing of road construction would be concurrent with the phases of development. Currently Condition H provides for a $3.5 million credit associated with construction of the entire Kupulau Street extension on the property to offset the fair share contribution requirement for roads. The applicant requests an amendment to Condition H to modify the roadway improvements that will receive a credit to offset the fair share requirement. The applicant proposes credits for constructing the Kawailani Street extension and Kupulau Street extension as well as the value of the land for the Kupulau Street extension, Kawailani Street extension, and Kukuau Street extension rights-of-way. Additionally, this amendment updates the condition with the current fair share contribution rates and clarifies that the contribution is to be made prior to Final Subdivision Approval for each phase. 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 was able to complete Phase 1 of the development since Ordinance 08 115 was adopted. However, the recent economic downturn starting in late 2008 affected the applicant's ability to secure the appropriate construction financing and complete the remaining phases by the deadline of September 2 10, 2013. Residual unanticipated issues occurred during the permitting stages of the project related to land acquisition, design and construction in 2005 of the Puainako Street Extension and drainage easements adjacent to the subject property. Lastly, the Department of Water Supply (DWS) had to defer County water service for the remaining phases until completion of the Pi`ihonua-Kukuau Transmission Line project. The applicant has requested to delay payment of water commitments until 180 days after completion and acceptance of the transmission line project. The Planning Director supports the DWS's recommendation that payment of water commitments be made within 180 days from execution of the construction contract for the transmission line project, rather than after completion and acceptance of the transmission line project as the applicant has requested. The Planning Director is also agreeable to amending Condition C to grant a time extension to secure Final Subdivision Approval for the remaining phases of development. The concurrency requirements of the zoning code require that "specific improvements to the existing public water system will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." In this case, Final Subdivision Approval will not be granted until after the transmission line project is constructed and accepted by DWS and other necessary water system improvements are either constructed or bonded. Granting of the amendments would not be contrary to the General Plan or Zoning Code. The area was rezoned from an Agricultural (A -20a, A -10a, and A -3a) to the Residential and Agricultural (RA -1 a) district to allow the development of a 140 one - acre lot subdivision. The General Plan designation for this area has not changed since 2005, when the designation became Rural, which is consistent with the approved zoning. In 2008 the applicant requested to amend Ordinance No. 93 36 to secure a time extension to obtain subdivision approval for the development. The County Council adopted Ordinance No 08 115 in 2008 which included the time extension requested by the applicant as well as a new requirement to construct the Kupulau Street Extension on the subject property at an estimated cost of $3.5 million. The County Council had imposed this requirement because it was believed that State funding was available for completion of the entire extension. To date, public funds for the Kupulau Street Extension have not been appropriated or funded and do not appear to be forthcoming in 3 the near future. Conditions placed on development permits which are meant to mitigate the impacts of the development are required to have a reasonable connection to the impacts and the cost of the mitigation has to be proportionate with the scale of the development. Typically, when future regional roadways traverse a proposed private development the County requires that the applicant set aside or delineate the right-of-way needed for the future roadway on the subdivision plans and contribute a fair share fee to mitigate the regional impacts of the development on public infrastructure. Alternatively, developers will sometimes offer to construct the regional roadway improvements to County dedicable standards and request to receive a credit for the cost of these improvements to offset their fair share fee contribution. In this case, the applicant is requesting to do the latter with the exception of constructing a bridge crossing the drainage easement adjacent to Puainako Street due to the high estimated cost of a bridge. The applicant will also dedicate the right-of-way needed to extend Kupulau Street over the drainage easement to the County at no cost in addition to the right-of-ways needed to connect Kupulau Street and Kukuau Street to the north side of Puainako Street. The request is reasonable given that the high cost of constructing the bridge in addition to the construction of the Kupulau Street Extension would not be proportional to the proposed development since these roadway improvements do not provide access to any of the lots within the subdivision. This is apparent when you examine the cost of constructing the Kupulau Street Extension as follows: 1. Kupulau Street Extension - $ 2.5 million 2. Kupulau Street Extension bridge - $1 to 3 million Total cost: $3.5 million to $5.5 million Comparing this with the applicant's total fair share obligation for the remaining 87 lots within Phases II and III at just under $500,000 for regional roadway improvements, one can appreciate the reason for not burdening the applicant with constructing the costly bridge for a roadway that does not directly benefit the subdivision. A comprehensive evaluation will need to be done during the next General Plan update to determine whether the extension of Kupulau Street would continue to be the best route to provide a means for regional travel through this area of Hilo. There are topographic issues that were not apparent when this route was selected such as a 0 significant elevation difference between Puainako Street at the location that Kupulau Street would connect to it on the north side and engineering issues such as the high cost of constructing a bridge over the drainage easement and the close proximity of two major intersections on Puainako Street. The alternative of designating Kukuau Street as the regional collector road also has issues such as sight distance for motorists traveling eastbound on Puainako Street and routing regional traffic through a neighborhood (Sunrise Estates). If the applicant has not obtained final subdivision approval for the remaining phases before the General Plan is updated, and should the Kupulau Street extension or Kawailani Street extension be removed from the General Plan as regional roadways during the next update, the Planning Director recommends that the applicant simply pay the fair share contribution instead of constructing these roadways. At this time the amendment request is consistent with the General Plan in that the applicant is proposing to construct the Kawailani Street extension and Kupulau Street extension (except the bridge) to county dedicable standards, which are shown as future proposed collector roads in the General Plan. Lastly, in 2011 the County Council adopted concurrency standards which required the provision of a civil defense siren for projects proposing over 25 residential units in areas where existing siren coverage is lacking. These concurrency standards apply to new zoning amendments as well as time extensions to perform a condition of zoning amendment. Portions of Phase 1 of the Hilo Hillside development have siren coverage but siren coverage is lacking for Phases 2 and 3 of the project area. The applicant has agreed to provide a civil defense siren on the property and a condition has been added to reflect this new requirement. Therefore, the request would not be contrary to the General Plan or Zoning Code. Granting of the amendments 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 applicant still intends to build a residential -agricultural subdivision but a lack of water has delayed development of the remaining phases. The applicant will continue to comply with all of the conditions within the ordinance. 5 Based on the discussion above, the Planning Director proposes that a favorable recommendation be forwarded to the County Council, with modifications to the applicant's requested amendments. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. (Material to be deleted is bracketed and struck -through; new material is underscored): A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval[;]_ B. The required water commitment payment for the remaining phases of development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the [ante of appr-eva of th amended ehange of zen ] execution of the construction contract for the Pi`ihonua- Kukuau Transmission Line project by the Department of Water Supply and the Water Board. The applicant shall pay installation and facilities charges as required by the Department of Water Supply[;]_ C. Final Subdivision Approval for the remaining phases of the development shall be secured within five 01years from the [ f c4ive ante of this amendment, „de fuAhe, that f ,fitial subdi JllClll VgraV .-,ted upon the deyel,,pe- posting n nst,-ae6en bond of $3.5 million, uflef it has v00E ,auto,..,, ed by the Pl g n;, „t in eenstiltatien with the De ,art,.,, ,..t of D o `Y JUVLLl Y 1J1V11 Stfee<extension, the aivuvamount ua.4. ....inefeasedofd....r.........,. .,O -J, completion and acceptance of the Pi`ihonua-Kii"au Transmission Line project by the Department of Water Supply and Water Board or ten 00) years from the effective date of this amendment, whichever occurs first. D. The Kawailani Street extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. This street extension shall be [fully nava at n o,.t; nl nl; ent ,-,,mt;,, with the appfaval of the De aftment of D„1 he W I constructed to County dedicable standards in conjunction with Final Subdivision Approval affecting this phase of the subdivision. The right-of-way and 2 improvements therein shall be dedicated, at no cost, to the County. The portion of the Kupulau Street extension [from Puainake St -Feet to the setA ,e r^ ^<- y line] within the subject property and pp to the drainage easement adjacent to the Puainako Street extension shall be constructed to county dedicable standards meeting with the approval of the Department of Public Works [,and shall serve as an additional ' ^ s/egre"" for- the siibdi-.4sio ] in conjunction with Final Subdivision Approval affecting this phase of the subdivision. The applicant shall dedicate the land area (TMK 2-4-075:070) for the proposed Kupulau St. extension between Puainako [&-.] Street and Puloku [8-t.] Street to the County at no cost when required by the Department of Public Works. The right-of- way, including that portion of the drainage easement adjacent to the Puainako Street extension and improvements therein shall be dedicated to the County at no cost. The applicant shall be relieved from this condition if the General Plan is amended to remove Kupulau Street or Kawailani Street as future collector roads. E. As represented b t�pplicant, the applicant shall secure and dedicate the land area within TMK 2-4-082:061 for that undeveloped portion of the Kukuau Street extension between Sunrise Estates Subdivision and the Puainako Street Extension to the County at no cost, when required by the Department of Public Works. [l]F. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. appheant and the eetffity and feeer-ded with the Btweatt of Conveyanees likewise prior- to final subd < ' 4;] A copy of the recorded document shall be filed with the PlanninL, Devartment upon its receipt from the Bureau of Conveyances. [l]G. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, if applicable, the applicant shall comply with the requirements of Chapter 11, Article 1, [iii] Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of final subdivision approval[;]_ 7 [G-.]H. Access to the development shall meet with the approval of the Department of Public Works. No lots shall have direct access from Puainako Street. [H-.]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 Subdivision Approval [,,.- within five yeafs ,. the eff-eetive date of this affiended ebEffige of zone efdinanee, whieheve ter-] for that phase of development. 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 $[11,506.13113,312.70 rper 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: $[5,548.46] 6,419.62 per single-family residential unit to the County to support park and recreational improvements and facilities; $[267.661309.68 per single-family residential unit to the County to support police facilities; $[528.661611.66 per single-family residential unit to the County to support fire facilities; $1231.451267.79 per single-family residential unit to the County to support solid waste facilities; $[4,929.9015,703.94 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, 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, provided however, that the estimated cost of constructing the [TI„«„1.,,, Street extension o the sebjpfepeAy in the affieunt of $3.5 millien as pr-evided in Ganditions "C” and o t „] improvements provided in Condition D and E shall be credited to offset the full amount of the fair share for the road and traffic improvements for that phase of development by the Planning Director, without further approval of the County Council[;]_ At the time of Final Subdivision Approval for the remaining phases if the General Plan no longer identifies the Kupulau Street extension or Kawailani Street extension as future roadways, the applicant shall not receive a credit to offset fair share for roads and traffic improvements. [-]J. Drainage improvements shall meet with the approval of the Department of Public Works[;], [3:]K. The method of sewage disposal shall meet with the approval of the Department of Health[;], L Pursuant to Hawaii County Code Section 25-2-46(o)(Concurrency Rgq uirements), the applicant shall provide a civil defense siren and associated maintenance access easements on the subject propertyaequired by the State Civil Defense prior to issuance of Final Subdivision Approval for Phase 2. [K ]M. [ShE)Wd any tmidentified sites of remains smueh as ftAifiae4s, shell, bone, or- ehareoal deposits,hth%an h 1 roekor- .-al alignments, pa-vor-walks be eneounler-ed, work Plaiining D A e t who ;t finds that stiffieient mitigafive 0 o ha,,,e been take -,1 Should any remains of historic sites such as rock walls terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an 4 archaeolouical clearance from DLNR-SHPD when it finds that sufficient miti ag_tion measures have been taken. [I—]N. Comply with all applicable County, State and Federal laws, rules, regulations and requirements[;]_ [M -.]O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance[;]_ [N -.]P. 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. 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 and the Planning Director acknowledges that further reports are not required[; -ate;], [�]O [4] If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [sly] may initiate rezoning of the area to its original or more appropriate designation. 10 AMENDMENT TO CONDITIONS B, Co D AND H of CHANGE OF ZONE ORDINANCE NO. 08 115 (REZ 738) Location Map 11 General Plan LUPAG Map Road System Map (City of Hilo and GP) :lGa Irv] lie" asiMmoa GST I tit � {y t. tt '� .•,'.`L— � r'+� Vis'{" ��t11•P •i ' ,� r j a f C ,� r «1 � ♦ of - ��i a � •� � d � r � i s i � y • e is 46 r if { A a so 7 `i i J.' • r is • AF 3 - . s S - . —Iii -'j} a S" "• ' ' � - • ,t ' . R IIA , • } so is ' J ., r n d Y r � � • i of � } - r T Yf ; n X • t ; yI y , r r .- - I s•y � r 4 ! a The applicant is requesting for: Amendments to conditions of Change of Zone Ordinance 08 115, which amended Ordinance 93 361 that rezoned approximately 170 acres from Agricultural -20 acre (A -20a),, Agricultural -10 acres (A -10a), and Agricultural -3 acres (A -3a) to a Residential and Agricultural -1 acre (RA -1a) district. The applicant is requesting for: Condition B - change timing of water commitment payment for remaining phases until after completion of transmission line project; Condition C - time extension to secure Final Subdivision Approval for remaining phases within 5 years from completion of water system or 10 years from date of this amendment; plus the deletion of construction bond to secure construction of the Kupulau Street extension; 4W Condition D —amend requirements regarding construction of Kawailani Street and Kupulau Street Extensions; Condition H - fair share credits to be applied towards roadway improvements in Condition D. \ A /;+alp, Dk-%e-r,r- 1 11 Q ,�+• _ a+�M+rewo,orsner tow \ z aw%«•u wra�.+�,swwrrsv,•a , fo•NMr •'.w••.+ I % � � � MM�'�l,PMM�e s✓flf4�+�4N++R i/R+ ' �-._ /"// `f, s. �" �.� .-- +ow-a:tr worse nr♦;:Iwa • .._..� •^•.�.-,..._. --� / ,{'♦ -�4 ec.+Rs*a+..veretievnrs••.ewy.r.rd,'oew -: } � ,�,ps..w,ae e».cc_ . 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DRa+t ,�o-h r ins e� a�.•�i + w worvwsw c GRAIAIC lG�.[ i r t •.� ;. www r^ ww,o ie- n rn xa es+, s o-ra xa w h e _ w�secra sws • ur.rb »` r woo a a.awr sr a rw, w rwf, ao w duo rr. wco w. — ws rt to .0 aawa• x �tare� A r — V* . �......, wn .�• a'aM i7 MRI D�O•it. NO•!I. 7WL b a,e c" catile•a0e...�. ._�oo•w.t w..w . I1lab I r �Iw Site Photo Site Photo Ilanning Director's 0 Recommendation Favorable Recommendation with Modifications to Applicant's Requested Amendments