Loading...
HomeMy WebLinkAboutCOM 0198.000 2018-2020 JNtY}F�;1 .. Wi!Okabe '.% Managing Director Harry Kim *i �•�l'.' :*I Mayor Barbara J.Kossow •t44 ;N°� �`�' DeputyManaging Director •,•,....4* OF ' Count of�"�,.ia �zt`t ®ffi1 of fJp Atavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 March 21, 2019EP -<-4 Aaron S. Y. Chung, Council Chair -n and Members of the County Council County of Hawai`i c? 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Amendment to Project District Ordinance No. 10 64 (REZ 10-000117) Applicant: Wailani Development,LLC Request: Amend Condition D (Increase Maximum Residential Units from 518 to 700); Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 square feet); Condition I (Modify Master Plan Amendment Process); Condition N(Delete Underground Utility Requirement); Conditions L and P (Modify Construction/Completion Requirement of Ponahawai Street Extension); Condition 0 (Modify Wastewater Requirement); Condition Q (Modify Access Requirements); Condition R (Modify Curb, Gutter, Sidewalk Requirement); Condition KK(Waive Fair Share Requirement for Affordable Housing Units), and Condition 00 (Administrative Time Extension) of Ordinance No. 10 64 for the Wailani Project District Tax Map Key: 2-3-037:001, 2-3-044:019 and 2-3-049:053 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action is the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely,/' i WIL .: KABE Managing Director MTransCounciWailaniREZ10-117 Comm.N . tq� Ref.To: rL County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. ®fie MAR 2 2 2019 Aaron S. Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 2 Enclosures cc: Planning Department County of Hawai'i is an Equal Opportunity Provider and Employer. .;1517,01 H •.. Harry Kim . � Joseph Clarkson, Chair � �,J�r1,; '.. Mayor �: `.�: %�;,, Thomas Raffipiy,Vice Chair �.�.£ Gilbert Aguinaldo Donn Dela Cruz Donald Ikeda John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 MAR 2 0 2019 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Amendment to Project District Ordinance No. 10 64 (REZ 10-000117) Applicant: Wailani Development,LLC Request: Amend Condition D (Increase Maximum Residential Units from 518 to 700); Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 square feet); Condition I(Modify Master Plan Amendment Process); Condition N(Delete Underground Utility Requirement); Conditions L and P (Modify Construction/Completion Requirement of Ponahawai Street Extension); Condition 0 (Modify Wastewater Requirement); Condition Q (Modify Access Requirements); Condition R(Modify Curb, Gutter, Sidewalk Requirement); Condition KK(Waive Fair Share Requirement for Affordable Housing Units), and Condition 00 (Administrative Time Extension) of Ordinance No. 10 64 for the Wailani Project District Tax Map Key: 2-3-037:001,2-3-044:019 and 2-3-049:053 The Windward Planning Commission, at its duly held public hearing on March 7, 2019, recommended for your approval the proposed legislative bill for an amendment to Project District Ordinance No.10 64. The property is located on the the west(mauka) side of the Komohana Street- Ponahawai Street intersection and northeast(makai) of Mohouli Street Extension, Ponahawai, South Hilo, Hawaii. Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 2 The applicant, Wailani Development, LLC, has submitted an application to amend numerous conditions of Change of Zone Ordinance No. 10-064, which was originally approved on June 18, 2010 to allow the Wailani Project District. The overall reason for the requests is that the applicant is seeking to make the Wailani Project District (WPD) development financially feasible by reducing some of the infrastructural requirements, allowing options to address infrastructural requirements, allowing the ability to time the infrastructure improvements to be concurrent with the actual development the improvements are designed to serve, and increasing the residential uses while decreasing the commercial components of the project. The applicant is requesting a time extension as well as modifications to the following conditions: • Condition D (Increase Maximum Residential Units from 518 to 700) • Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 square feet) • Condition I (Modify Master Plan Amendment Process) • Condition N (Delete Underground Utility Requirement) • Conditions L (Time Extension for Construction) • Condition P (Modify Construction/Completion Requirement of Ponahawai Street Extension) • Condition Q (Modify Access Requirements) • Condition R(Modify Curb, Gutter, Sidewalk Requirement) • Condition KK (Waive Fair Share Requirement for Affordable Housing Units) • Condition 00 (Administrative Time Extension) The original Wailani Project District was proposed to be a mixed-use community to include a 180,000-square foot medical office campus, 200,000-square foot of commercial space, a 100,000-square foot. business park, up to 333 senior housing units, up to 90 multiple-family residential units, up to 95 single-family residential lots, approximately 6.9 acres of active recreational open space, approximately 19 acres of passive open space, Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 3 including walking and bicycling paths and the Pu`u Honu cinder cone, and supporting infrastructure on approximately 171.504 acres of land. The development was originally proposed to be constructed in three phases over a 15-year period. The applicant proposed to develop an extension of Ponahawai Street from its intersection with Komohana Street through the project site to the Mohouli Street Extension, two loop roads to serve the senior housing and medical office campus, and a cul-de-sac from the Mohouli Street Extension to serve the multiple-family residential and large lot single- family residential uses south of the Alenaio Stream drainage channel. The applicant's amendment requests, along with reasons, are stated below. We will address each condition specifically by stating the applicant's request and reasons for the request and state the Planning Director's recommendation and reasons for the recommendation for each requested condition amendment. Language proposed to be deleted is in brackets, language proposed to be added is underlined. Applicant's Requested Amendments of Conditions D and E: Condition D: The number of single-family and multiple-family residential units allowed shall be [518] 700 units, [which includes a maximum 333 senior housing units] inclusive of any on-site affordable housing units designed to address the requirements of Chapter 11. Article 1, Hawai`i County Code, relating to Affordable Housing Policy. The density for multiple- family residential uses shall not exceed 35 units per acre. Condition E: The maximum square footage of the medical office campus, commercial center, and business park uses shall be [480,000] 420,000 square feet. No single commercial business may contain more than 45,000 square feet in gross floor area. Applicant's Reasons for Amending Conditions D and E The applicant requests to amend Condition D by increasing the maximum number of residential units from 518 to 700, inclusive of any on-site housing units designed to address the affordable housing requirements of Condition JJ. While it is the intent of the WPD to also have a senior housing component, it does not necessarily want to be married to that potential requirement. Concurrently, it would like to amend Condition E by reducing the maximum allowable commercial square feet from 480,000 to 420,000 square feet. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai Page 4 An increase to the maximum number of residential units would reflect the additional density proposed for the 36+/- acre residential area south of Alenaio Stream. In a letter dated December 20, 2018, the applicant proposed to increase the density of this area from forty- nine (49)to a maximum of one hundred twenty five(125) lots, as a response to comments from Department of Health requiring that the entire development be connected to the county sewer system. The proposal would result in an average density of 12,000+square feet per lot, comparable in size to the adjoining Sunrise Ridge Subdivision with its RS-10 zoning. The applicant believes that having the ability to increase the amount of housing units within the WPD would have a greater value to the community, particularly in light of the loss of housing units in the lower Puna area, approximately thirty(30) miles away. Further, it would tend to be more compatible with the surrounding residential areas. To make the project more financially feasible, the applicant would need to have more market type of units. As such, it requests that the maximum units be increased to 700, inclusive of the affordable units constructed to address the affordable housing requirements of the County Housing Code (Chapter 11). It should be noted that the applicant still intends to construct some senior housing which would probably address some of the affordable housing requirements. At the same time, reducing the allowable commercial area by 60,000 square feet should not compromise the intent of the WPD.There still would be sufficient commercial space to accommodate the project's commercial needs, and, with the medical office component, the general community. Further, it is not the intent of the WPD to entertain a"big box"retailer or replace existing business centers but instead to complement and/or supplement them. Having the ability to construct a sizable commercial area may have the unintended consequence of diluting the strength and function of the established commercial cores in the City of Hilo. It should also be noted that the traffic impact associated with the increase of residential use and decrease of commercial uses is negligible. A summary analysis prepared by the applicant's traffic consultant, Austin Tsutsumi and Associates, is found in Exhibit G of the Application. While the change would result in a slight increase in the AM peak(1065 versus 951) movements, the PM movements would be slightly reduced (1894 to 1856). Planning Director's Recommendation for Amending Conditions D and E The Planning Director supports these amendment requests since there is a shortage of housing in Hilo and the increase in traffic from increasing housing units and decreasing commercial development would be negligible. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 5 Applicant's Requested Amendment of Condition I Condition I: A detailed Master Plan of the Project District, which includes the location and number of residential lots and units, commercial units, open space and recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking, and other related improvements on the property, shall be submitted to the Planning Director within two (2)years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. Upon request by the applicant,the Master Plan may be amended by the Planning Director from time to time to accommodate evolving land use concepts,topographic/physical conditions, cost, and related matters to assure the orderly and timely implementation of the Project District. Applicant's Reasons for Amending Condition I The applicant requests to amend Condition Ito clarify the Master Plan amendment process. The applicant submitted a Master Plan that was approved by the Planning Director on December 15, 2011 in conformance with Condition I. The current application includes a new Master Plan reflective of the amendments being requested. The applicant is requesting to have the ability to amend the Master Plan in the future administratively with approval by the Planning Director, rather than legislatively with approval by the County Council. Planning Director's Recommendation for Amending Condition I The Planning Director is supportive of the applicant's request to amend the Master Plan administratively so long as the changes do not significantly differ from the original Master Plan that was vetted by the community and County Council at public hearings and is not contrary to the Project District Ordinance. Additionally, the applicant has not provided a phasing plan for the most recent proposed Master Plan and therefore it is recommended that the applicant provide a revised Master Plan with this information for approval. Thus the following language is recommended by the Director for Condition I: "A revised detailed Master Plan of the Project District, [which includes the location and number of residential lots and units, commercial uses, open space and recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking, and other related improvements on the property,] shall be submitted to the Planning Director within two (2) years from the effective date of the amended Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. The Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 6 revised Master Plan shall describe and depict the phasing of the overall development, the location and number of residential lots and units, commercial uses, open space and recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking, and other related improvements on the property. The Planning Director may approve changes made by the applicant to the Master Plan to accommodate evolving land use concepts, topographical/physical conditions, cost, and related matters to assure the orderly and timely implementation of the Project District, so long as the changes are not significant as determined by the Planning Director and do not change the permitted land uses, overall densities, open space requirements, and infrastructure requirements, and are not contrary to the amended Project District Ordinance." Applicant's Request to Delete Condition N Condition N: [All project utilities shall be underground.] Applicant's Reasons for Deletion of Condition N The applicant requests to delete Condition N because undergrounding utilities, particularly for the residential areas, is expensive, which then translates to added cost to the consumer. Further, because undergrounding utilities is more of a cosmetic rather than a health and safety measure,there appears to be no overriding visual or scenic consideration that would warrant this added cost. Planning Director's Recommendation for Deleting Condition N The Planning Director is supportive of deleting Condition N. The General Plan encourages placement of utility lines underground when and where practical. The applicant has indicated it is not financially feasible to place the utility lines underground in this development. Applicant's Requested Amendment of Conditions L and P Condition L: Construction of any commercial component of the Wailani Project District [approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center] shall commence within five (5) years of the effective date of this amendment [the Project District Ordinance] and be completed within five(5)years from the construction commencement date. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 7 [Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five (5) years of the effective date of the Project District Ordinance. Completion of construction may be assured by a sufficient surety bond, meeting with the approval of the County of Hawai`i.] Final Plan Approval of any commercial component of the Wailani Project District shall be secured in accordance with the requirements of[the] Chapter 25 (Zoning Code), Hawai'i County Code, prior to the commencement of construction of the stated uses. As part of the Plan Approval process and using any traffic related information provided by the applicant per Condition U, the Planning Director upon consultation with the Department of Public Works, shall determine the appropriate on and off-site access improvement requirement. Said improvements shall be completed prior to issuance of occupancy permit of the affected commercial component. Condition P: Based on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director,the applicant, its successors or assigns, shall provide and dedicate to the County an 80-foot wide right-of-way for the fThe] extension of Ponahawai Street from Komohana Street to Mohouli Street(referred hereafter as the "Ponahawai Street extension") [shall be a minimum right-of-way width of eighty(80) feet and built to County dedicable standards, including the provision of curbs, gutters and sidewalks, and be built on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director. Upon its completion,the roadway shall be dedicated, at no cost, to the County]. Said right-of-way or portions thereof shall be dedicated no later than completion of improvements within that portion of the right-of-way or earlier—without improvements—upon request by the County. Any development within the Wailani Project District requiring access from the Ponahawai Street extension to either Komohana Street or Mohouli Street shall be responsible for the construction of roadway improvements within the extension meeting with the approval of the Department of Public Works, prior to issuance of an occupancy permit for that specific development. Improvements shall consist of a two-lane County dedicable standard road with pedestrian and bike paths. This does not preclude the affected development from making further improvements within the extension such as a 4-lane road with curbs, gutters, and sidewalks within the extension. Applicant's Reasons for Amending Conditions L and P The applicant requests amendments to Condition L and P in order to modify the standards and timing of construction of the Ponahawai Street extension. Condition L required Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 8 construction of approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center to commence within five (5) years of the ordinance. Likewise, construction of the Ponahawai Street extension was to commence within the five (5) year period and be completed within ten(10) years. In 2015, the Planning Director approved an administrative time extension for Condition L, which extended the date to commence construction of the project and the Ponahawai Street extension to June 18, 2020, and extended completion of construction of the Ponahawai Street extension to June 18, 2025. Condition P required the provision of an 80-foot wide right-of-way and construction of the Ponahawai Street extension from Komohana Street to Mohouli Street within the WPD to County dedicable standards, complete with curbs, gutters, and sidewalks. The Extension has to be completed without any regard to the actual development(and hence, impact) of the project within the WPD but by an arbitrarily fixed period. The issue with these conditions is two-fold. Relative to Condition L, short of an unforeseen resurgent demand for 100,000 square feet of commercial space and 100,000 square feet of medical office/facility for a city like Hilo, it is difficult to anticipate a demand for an aggregate of 200,000 square feet of space in such a short period of time. As such, the applicant believes that instead of arbitrarily establishing a minimum square footage to commence and complete a project, it would be more appropriate to integrate the necessary infrastructure (road, water, wastewater) requirements with what is being actually developed through the Plan Approval process. In concept, this would be no different than reviewing a development on an existing zoned property. In those situations, infrastructural requirements relative to access, water, wastewater and so forth are addressed and implemented in conjunction with the Plan Approval and building permit processes, with all necessary infrastructure completed prior to issuance of an occupancy permit. Relatedly, Condition L requires improvements to the Ponahawai Street extension and its intersection even if a project within the WPD does not utilize the area required to be improved. In that case, the applicant would be subjected to making premature infrastructure improvements,which adds significantly to the upfront cost. This cost is further compounded by Condition P, which requires an 80-foot wide right-of-way, complete with curbs, gutters, and sidewalks, a standard that may be substantially in excess of the possible impacts of a project. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 9 Planning Director's Recommendation for Amending Conditions L and P The Planning Director is supportive of granting time extensions to commence and complete construction of the development and Ponahawai Street extension, but is not supportive of deferring construction of sections of the Ponahawai Street extension by individual developers. The primary purpose of Project District zoning is to provide a comprehensive transportation network to serve the development and surrounding area. When the original Project District zoning was granted for the WPD in 2010, the basis for supporting the Project District zoning is that it would facilitate the completion of the Ponahawai Street extension; thus, improving the negative traffic implications if the project were granted without the condition to construct the roadway in its entirety. At this time the project has 200 water units committed to the development and after these units are utilized additional extensive water improvements will need to be made before the project can proceed. The wastewater capacity of the existing County sewer system is also constrained and will require additional improvements in the future to fully develop the WPD. The Director is concerned that after the initial phase of development is completed the project may stall for several years until water and wastewater capacity is increased, which could mean that the Ponahawai Street extension may not be built for several years or decades. The Director does not agree that requiring the applicant to construct the Ponahawai Street extension to County dedicable standards with curbs, gutters, and sidewalks is in excess of the impacts of the development of the 172-acre Wailani Project District development, and the applicant has not provided any evidence supporting their claim. The proposed roadway is- identified in the General Plan as a secondary arterial to provide much needed connectivity between the Kaumana community and downtown Hilo. As a compromise the Planning Director, with the support of the DPW, recommends the applicant construct the entire Ponahawai Street extension with paved shoulders and swales, similar to the Mohouli Street extension nearby,within 10 years from the effective date of the amended Project District ordinance. The addition of concrete curbs, gutters, and sidewalks can be constructed incrementally as adjacent bulk lots are developed by individual developers. According to the DPW,this compromise will provide the much needed connectivity in the area and ensure the safe design and cost effective construction of the extension. Lastly, since there is a shortage of housing in Hilo,the Director would like to see residential units developed in addition to commercial uses during the initial project phase with the available water units. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 10 Based on the above, the Director recommends the following amendments to Conditions L and P and a new Condition 0: "L. Construction of[approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center] any commercial and residential component of the Wailani Project District shall commence within five (5) years of the effective date of the amended Project District Ordinance and shall be completed within five (5) years from the construction commencement date. [Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five(5)years of the effective date of the Project District Ordinance, and shall be completed within ten (10)years of the effective date of the Project District Ordinance. Completion of construction may be assured by a . -- - ..' -- ... . . . - . .•`•.] Final Plan Approval shall be secured in accordance with the requirements of the Chapter 25 (Zoning Code), Hawai`i County Code, prior to the commencement of construction of the stated uses." "[Na[The extension of Ponahawai Street from Komohana Street to Mohouli Street • :1 • • - the provision of curbs, gutters, and sidewalks, and be built on an alignment meeting the County.] Based on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director,the applicant, its successors or assigns shall provide and dedicate to the County a minimum right-of—way width of eighty(80) feet for the extension of Ponahawai Street from Komohana Street to Mohouli Street(referred to hereafter as the "Ponahawai Street extension"). Said right-of-way shall be dedicated at no cost to the County no later than completion of improvements within that portion of the right-of-way, or earlier without improvements, upon request by the County." "P. The Ponahawai Street extension and related intersection improvements shall be constructed by the applicant, successors, or assigns in two stages. Construction of the first stage shall commence within five(5)years of the effective date of the amended Project District Ordinance, and shall be completed within ten (10)years of the effective date of the amended Project District Ordinance. Completion of construction may be assured by a sufficient surety bond, meeting with the approval of the County Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 11 of Hawai`i. Construction of the first stage shall include constructing the entire length of the Ponahawai Street extension with paved shoulders and paved swales for the entire width of eighty(80) feet, meeting with the approval of the Department of Public Works. Construction on the second stage shall include constructing the entire length of the Ponahawai Street extension with concrete curbs, gutters, sidewalks and drainage improvements, as required by the Department of Public Works. The second stage improvements shall be completed prior to issuance of a Certificate of Occupancy for any adjacent commercial or multiple-family development or prior to Final Subdivision Approval for any adjacent subdivision that creates single-family residential lots (not bulk lot subdivision)." Applicant's Requested Amendment of Condition Q Condition Q: No single family residential lot[s] shall have direct access from either Komohana Street or Mohouli Street, [exclusive of permitted lots]. Commercial and/or multiple-family residential projects may have direct access from either Komohana Street, Mohouli Street, or Ponahawai Street, subject to the approval of the Department of Public Works in consultation with the Planning Director, with any applicable off-site improvements or movement restrictions. The location of any permitted road lots shall be determined by the Department of Public Works in consultation with the Planning Director. Further, no single-family residential lots shall have direct access from the Ponahawai Street Extension and other proposed arterial streets. Applicant's Reasons for Amending Condition Q The applicant requests to amend Condition Q in order to allow direct access to Komohana Street and Mohouli Street from any commercial or multiple-family development in the WPD. The current condition prohibits any lots from having direct access to Komohana or Mohouli.Streets. Further, no single-family residential lots can have any direct access to Ponahawai Street. While the need for controlled access is understandable, the applicant believes that for commercial and multiple-family residential developments, accesses are important for the success of a project as well as the potential to enhance traffic circulation. The applicant thus requests the option to allow commercial and multiple-family residential uses to have direct access to all streets, subject to any restrictions required by the Department of Public Works to address safety and other traffic issues. A possible restriction could be right-in, right-out movements only. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 12 Planning Director's Recommendation for Amending Condition Q In their memo dated January 25, 2019 the Department of Public Works indicated they do not support the amendment of Condition Q to allow driveway accesses onto Komohana Street, Mohouli Street and the future Ponahawai Street extension as these roads serve as arterial roadways. DPW is supportive of allowing road lots onto these roadways, with their approval. This is similar to the future road lot across from Pu'uhonu Place that was granted preliminary subdivision approval by the Planning Department. The intersection of this road lot and Komohana Street will need to meet design and sight distance requirements of the DPW. The current Condition Q already allows for road lots with DPW approval. Based on DPW's concerns, the Planning Director does not support the applicant's amendment of Condition Q to allow driveways, rather than road lots, onto arterial streets. Applicant's Requested Amendment of Condition R Condition R: Unless otherwise specified by the Planning Director in consultation with the Department of Public Works, all streets to be dedicated to the County within the commercial development of the project shall be constructed to dedicable standards, including the provision of concrete curbs, gutters, and sidewalks. This shall not be required of all private, non-dedicable standard roads and residential subdivisions. Further, the installation of the curbs, gutters, and sidewalk may be deferred to the actual development of a commercial lot and not necessarily at the time a commercial lot(s) is being created through the subdivision process. Applicant's Reasons for Amending Condition R The applicant requests to amend this condition to remove the requirement that all roads in the WPD be built to County dedicable standards with curbs, gutters and sidewalks. Unless waived by the Planning Director, the condition requires that all roads have to be built to county dedicable standards with curbs, gutters, and sidewalks. The applicant intends to have portions of the roads within the project constructed to private, non-dedicable standards, as allowed by the County Subdivision Code and the Department of Public Works Standard Detail manual. This would apply specifically to residential subdivisions with 6 or less lots. Further,the Subdivision Code does not mandate curbs, gutters, and sidewalks for single- family residential subdivisions. Thus, due to added cost and consistency requirements,the applicant requests that this not be made mandatory. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 13 For those streets within the commercial development, the applicant would like the option to have the curb, gutters, and sidewalk installed in conjunction with the commercial development and not necessarily at the time of land subdivision creating the commercial lots. This is essentially a timing and not necessarily an avoidance issue. Planning Director's Recommendation for Amending Condition R The Planning Director does not support the applicant's request to amend Condition R for several reasons. One of the main purposes for the existing Project District zoning is to provide a comprehensive transportation network for a large land area being developed as a master planned mixed-use development within Hilo Town. Private streets in urban areas should be discouraged unless there are topographic constraints, because private streets do not allow for connectivity between subdivisions and commercial areas. Additionally, although the Subdivision Code does not mandate curb, gutter and sidewalk improvements for residential subdivisions, the pedestrian and roadway standards and requirements in this code have not been updated since 1983. In the last 35 years, Hawaii County has placed greater attention on implementing the concept of`complete streets',where safe pedestrian and bicycle facilities are provided in public roadways in order to improve the overall health of the community. Lastly,the Subdivision Code provides the Planning Director with the discretion of providing sidewalk improvements and it is the policy of the DPW to require curb, gutter and sidewalk improvements for all residential subdivisions on lots sized 10,000 square feet or smaller. Applicant's Requested Amendment of Condition KK The applicant requests to amend this condition by adding the following statement to the end of the current condition: "This provision shall not apply to any housing units constructed within the WPD and defined as `affordable' by Chapter 11, Article I, Hawai'i County Code and so certified by the County Office of Housing and Community Development." Applicant's Reasons for Amending Condition KK Condition KK requires a fair share assessment for single and multiple-family residential units. It does not apply to non-residential uses. It also does not waive its requirements for affordable housing units. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 14 This cost will add, at a minimum, $8,000 to $13,000 more to the cost of developing a multiple-family or single-family residential unit. In so doing, because the profit (if any) margin is already very small, having this requirement waived would make the production of these units more feasible. Further, it would make it more feasible to target the moderate to low income instead of the moderate to moderately higher categories. Additionally, it could incentivize developers to develop more affordable units instead of constructing only the required 20% minimum. Planning Director's Recommendation for Amending Condition KK The Planning Director agrees with the applicant's reasons for the amendment and is supportive of this amendment. Applicant's Requested Amendment of Condition 00 Condition 00: An initial extension of time for the performance of conditions within the amended 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 are not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3) Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). (5) If the applicant should require an additional extension of time,the Planning Director shall submit the applicant's request to the County Council for appropriate action. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 14 Applicant's Reasons for Amending Condition 00 The applicant is requesting an amendment to Condition 00 to allow an additional administrative time extension for time conditions within the amended ordinance. Planning Director's Recommendation for Amending Condition 00 The Planning Director agrees with the applicant's reasons for the amendment and is supportive of this amendment. Lastly, the Planning Director recommends the following revisions to several other conditions: • Conditions J and K related to water supply to recognize the existing 200 water commitment units and the need for a revised Water Master Plan. These revisions are based on the Department of Water Supply memos dated December 17, 2018 and January 11, 2019. • Condition 0 to clarify that the entire WPD must connect to the County sewer system. In their memo dated November 21, 2018, the State Department of Health Wastewater Branch confirmed the project will be required to connect to the County sewer system and the use of individual wastewater systems will not be approved. • Delete Condition S related to preventing vehicular access from the WPD to the subdivisions to the north because this is counter to the standard planning practice of providing connectivity between subdivisions and communities, particularly since the roads within the • subdivisions to the north are County roadways that can be widened to accommodate additional traffic. The Subdivision Code allows for relief from connecting local streets if there are topographical constraints, thus some of the roads just north of Pu`u Honu will likely not be connected through, but the roads west of Pu`u Honu, such as Omao Street, S. Wiliwili Street, and Liko Lehua Street should be connected to the WPD. Connecting multiple roadways would help disperse traffic through the subdivision rather than loading all of the traffic on one roadway. • Delete Conditions FF, GG and HH and add a new condition EE related to archaeological resources to reflect that an archaeological inventory survey, mitigation plan and preservation plan have been completed and approved by the State Historic Preservation Division (SHPD). In their letter dated May 31, 2018, SHPD indicated Historic Site Nos. 14947 and 30294 would be preserved in the form of avoidance and conservation with a minimal interpretation component. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 16 A Project District may be established whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for an area should be adopted. Project District zoning is intended to provide for a flexible and creative planning approach rather than specific land use designations. It will also allow for flexibility over time in the location of specific uses and mixes of structural alternatives. The planning approach would establish continuity in land uses and designs while providing for a comprehensive network of infrastructure facilities and systems. A variety of uses as well as open space, parks, and other project uses are intended to be in accord with each individual Project District objective. A Project District is an amendment to Chapter 25, Zoning Code, which changes the district boundaries in accordance with the individual Project District. Since the WPD was approved in 2010, the applicant has taken a number of steps in having the pre-development phase of this property completed in accordance with the terms or conditions of approval. These included such things as the preparation and approval of the overall Master Plan;the Water Master Plan; payment of the water commitment fee; and the like. It also sought and has been working with a developer experienced with residential and commercial developments. Potential tenants, including a major supermarket and a pharmaceutical company, expressed bona fide interests. However, during their due diligence process, the high upfront infrastructure cost regrettably diminished their interest. Regrettably, in spite of the uptick in the global and national economy, securing the required financing to initiate and complete the project and all of the infrastructural obligations continue to be a problem. Much of the attention has thus been directed towards finding reasonable modifications of the conditions, as proposed herein. Understandably,the high development cost was clearly something that the applicant did not anticipate when it agreed to all of the conditions. It should be noted that since the site was rezoned,there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus,the only relevant planning policy document still rests with the County General Plan. The proposed amendments are not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG)Map that defines the subject property and its immediately surrounding area for Medium Density Urban. The Medium Density Urban designation allows for village and neighborhood commercial, single-family and multiple- family residential uses (up to 35 units per acre) and related functions, but does not allow for warehousing, manufacturing, and light-industrial uses. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 17 Although the majority of the applicant's requested condition amendments are consistent with the purpose and intent of the Project District zoning, the applicant's request to amend Conditions P, Q, and R are contrary to the policies of the General Plan and the intent of providing a comprehensive and effective transportation network for the development. Based on the above findings, the Planning Director recommends that a favorable recommendation for the applicant's amendments to Conditions D,E,I,L,N,KK and 00, and for the Planning Director's amendments to Conditions J,K, 0, S,FF, GG and HH, and an unfavorable recommendation for applicant's amendments to Conditions P, Q, and R of Ordinance No. 10-064 be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 10-064 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. We are enclosing copies of the staff Background, Planning Director's Recommendation,the Power point presentation and a draft transcript of the hearing for your information will be provided under separate cover. Sincerely, JosephU B. B.Digitally signed by Joseph Clarkson Clarkson Date:2019.03.20 15:05:22-10'00' Joseph Clarkson, Chairman Windward Planning Commission L W ai lan iAmendREZ l 0-1 17wpc2 Enclosures cc: Sidney Fuke, Planning Consultant Department of Public Works Department of Water Supply Amy Self, Esq., Corporation Counsel BWailaniAmendPD.doc 02/05/19 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAILANI DEVELOPMENT, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10-064 (REZ 10-117) WAILANI DEVELOPMENT, LLC has submitted an application to amend Condition D (Increase Maximum Residential Units from 518 to 700), Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 square feet), Condition I (Modify Master Plan Amendment Process), Condition N (Delete Underground Utility Requirement), Conditions L and P (Time Extension and Modify Construction/Completion Requirement of Ponahawai Street Extension), Condition Q (Modify Access Requirements), Condition R (Modify Curb, Gutter, Sidewalk Requirement), Condition KK(Waive Fair Share Requirement for Affordable Housing Units), and Condition 00 (Administrative Time Extension) of Ordinance No. 10-064 for the Wailani Project District, which was approved in 2010 to consist of a mixed-use community to include a 180,000 sq. ft. medical office campus, 200,000 sq. ft. of commercial space, a 100,000 sq. ft. business park, up to 333 senior housing units, up to 90 multiple-family residential units,up to 95 single-family residential lots, approximately 6.9 acres of active recreational open space, approximately 19 acres of passive open space including walking and bicycling paths and the.Pu`u Honu cinder cone, and supporting infrastructure on approximately 171.504 acres of land. The subject properties are located on the west (mauka) side of the Komohana Street- Ponahawai: Street intersection and northeast(makai) of the Mohouli Street Extension, Ponahawai, South' Hilo, Hawai`i, TMK: (3) 2-3-044:019, (3) 2-3-049:053 and (3) 2-3-037:001. APPLICANT'S REQUESTS AND REASONS 1. Applicant's Requests: As the Project District Ordinance has time performance and PP 9 infrastructure obligation conditions that the applicant cannot meet or reasonably fulfill, the applicant is requesting a time extension as well'asmodification to some of the conditions of the ordinance, specifically Conditions D, E, I,N, L, P, Q, R, KK, and 00 of Ordinance No. 10-064. The applicant is requesting amendments to the following conditions: -1- a • Condition D: (Increase Maximum Residential Units from 518 to 700) • Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 square feet) • Condition I (Modify Master Plan Amendment Process) • Condition N (Delete Underground Utility Requirement) •. Conditions L (Time Extension for Construction) • Condition P (Modify Construction/Completion Requirement of Ponahawai Street Extension) • Condition Q (Modify Access Requirements) • Condition R (Modify Curb, Gutter, Sidewalk Requirement) • Condition KK(Waive Fair Share Requirement for Affordable Housing Units) • Condition 00 (Administrative Time Extension) 2. Applicant's Reasons for the Requests: The time extension and condition amendments are being sought to make the Wailani Project District (WPD) development financially feasible by reducing some of the infrastructural requirements, allowing options to address infrastructural requirements, allowing the ability to time the infrastructure improvements to be concurrent with the actual development the improvements are designed to serve, and increasing the residential uses while decreasing the commercial components of the project. 3. Current Proposed Plan: The applicant has submitted a revised Master Plan dated December 20, 2018 (refer to P.D. Exhibit 11) showing changes to the original approved Master Plan dated November 16, 2011. The applicant has not submitted a revised phasing plan as of the date of this writing. The proposed current plan requests to increase the maximum number of residential units from 518 to 700 inclusive of affordable housing units designed to comply with the requirements of HCC, Chapter 11, Article 1,but deletes the requirement for a maximum of 333 senior housing units. Additionally, the applicant is proposing to reduce the maximum square footage of the medical office campus, commercial center and business park uses from 480,000 to 420,000. Additionally, the applicant is requesting to modify the construction requirements for the -2- Ponohawai Street Extension, as well as to the commercial and residential areas, to be commensurate with the area of development. 4. , Chapter 343 Compliance: The Department of Public Works-Engineering Division has provided an exemption for the infrastructure improvements needed to serve the project, which will be located within the existing government right-of way based on their exemption list(refer to Planning Department Exhibit 8). 5. Landowner: Wailani Development LLC. 6. Supportive Information: The applicant has submitted the attached in support of the request: (P.D. Exhibit 1 -Application for Time Extension and Amendments to Ordinance No. 10 64 dated August 1, 2018) CHRONOLOGY OF LAND USE PERMITTING 7. August 5, 1980: The State Land Use Commission reclassified 212 acres, consisting of the subject properties and land west of the Mohouli Street extension, from the Agricultural to Urban district. December 8, 2004: Effective date of Change of Zone Ordinance No. 04-144, approved by the County Council to change the zoning of the subject properties from Agricultural-1 acre(A-la),Neighborhood Commercial-40,000 sq. ft. (CN-40), Single-Family Residential-7,500 sq. ft. and Single-Family Residential-10,000 sq. ft. (RS-7.5 and RS-10) and Open to Project District. The Project District zoning was established to develop a mixed-use community referred to as "University Terrace" consisting of up to 500 residential units (including 150 multiple-family residential units), up to 180,000 sq. ft. of commercial and office uses, with no single commercial business containing more than 45,000 sq. ft. in gross floor area, and a minimum of 49 acres for open space and recreational use. (P.D. Exhibit 2- Ordinance No.04-144) 8. June 18, 2010: Effective date of Change of Zone Ordinance No. 10-064, approved by the County Council to change the zoning of the subject properties from Project District (University Terrace) to Project District (Wailani). The proposed project concept at the time was to develop a mixed-use community developed in three phases taking approximately 20 years to complete, to include the following components: -3- Previous Proposed Phasing Plan: Phase 1 (Proposed to be completed and occupied by 2015): • A medical office campus approximately 100,000 square feet in size on • approximately 14 acres, consisting primarily of one- to two-story buildings and accessory site improvements for multiple physician offices such as a primary care clinic, orthopedic clinic or cardiology clinic, as well as stand-alone medical service clinics for recognized vendors. Secondary uses of the medical campus include diagnostic services such as radiology and labs; health maintenance services such as dialysis, pharmacy and physical therapy; and ancillary services such as medical records and equipment storage, centralized billing and human resources services, centralized medical data technology center, training classrooms and conference facilities. • Approximately 100,000 square feet of commercial space on approximately 22.70 acres, consisting of one- to two-story buildings and accessory site improvements located near Komohana Street. "Big-box"retailers would not be the preferred tenants in the commercial area, as the applicant's intent was to attract local vendors and service providers who will invest in the community for the long-term. • Approximately 6.90 acres of open space dedicated for passive and active recreational opportunities. This area would be available to the Hilo community for active recreation such as tennis courts,playgrounds,bike/pedestrian paths, a soccer field, and picnic pavilions. In addition, it would be desirable to build an indoor recreation complex to provide recreation opportunities during inclement weather. • Approximately 7.50 acres of passive open space. The Pu`u Honu cinder cone was to be dedicated and preserved as natural open space for passive use. The slopes of the cinder cone are too steep for active recreational use but pedestrian pathways for hiking may be possible. -4- Phase 2 (Proposed to be completed and occupied by 2020): • An additional 80,000 square feet of medical office campus similar to the uses developed in Phase 1 within an approximately 14-acre site. • An additional 100,000 square feet of commercial space near Komohana Street similar to the uses developed in Phase 1 within an approximately 22.70-acre site.: • Approximately 333 multiple-family residential units for seniors on approximately 26.80 acres, consisting of independent living, assisted living, and dependent living (skilled nursing) facilities. Interdependent areas for meal preparation, eating, entertainment and recreation would encourage health, vitality, relationships and community fellowship among residents. All areas would be designed to include walkways and dedicated bicycle, scooter and golf-cart paths which would be separate from thevehicularroadway to facilitate universal accessibility and transportation. • Approximately 90 multiple-family residential units on approximately 17.50 acres, served by a roadway off of the Mohouli Street Extension. Access to these lots would not be provided from surrounding existing residential areas. The target market for these units is young professionals and college students due to the site's proximity to the University of Hawai`i at Hilo campus, Hilo Medical Center, and the project's medical campus and business park. • Currently the existing Malanai Road serving the residential community north of Pu`u Honu dead ends just north of the pu'u. To discourage additional vehicular traffic through the existing community the termination of this road will be maintained, and standard vehicular access will not be allowed as part of this project. However, the Malanai Road will be extended and designed as a 10-foot p J g wide path suitable for pedestrian, bicycle and emergency vehicle access. Removable bollards (concrete posts) will be installed at the current termination of Malanai Road to prevent non-authorized motorized transportation. -5- • Approximately 6.0 acres of natural open space located between the Alenaio Stream drainage channel and a portion of Sunrise Ridge Subdivision will serve as a buffer to the proposed commercial and residential areas of the project. Phase 3 (Proposed to be completed and occupied by 2030): • A business park approximately 100,000 square feet in size on approximately 17.80 acres, consisting of one- to two-story buildings for flexible tenant space for start-up or mature companies that require a variety of space needs and types. Tenants may include professional services offices, retail stores,restaurants, and recreational areas. Although the applicant's proposal includes warehousing, manufacturing and light industrial uses, according to the Zoning Code these industrial land uses are not permitted in the Project District zoning district. • Approximately 95 single-family residential lots, consisting of 58 small lots on approximately 13.40 acres served by roadways off of the proposed Ponahawai Street Extension and 37 large lots on approximately 18.50 acres served by a roadway off of the Mohouli Street Extension. Access to these lots would not be provided from surrounding existing residential areas. Single-family residential lots/units will be located on the mauka portion of the site closer to the Mohouli Street Extension. A portion of the residential units will be targeted at first-time homebuyers. • The banks of the Alenaio Stream drainage way between the Mohouli Street Extension and Komohana Street will be improved for use as a linear park with bicycle and pedestrian walkways. Roadways: To serve the development, the applicant proposed to,develop an extension of Ponahawai Street from its intersection with Komohana Street through the project site to the Mohouli Street Extension, two loop roads to serve the senior housing and medical office campus, and a cul-de-sac from the Mohouli Street Extension to serve the multiple family residential and large lot single-family residential uses south of the Alenaio Stream drainage channel. (P.D. Exhibit 3- Ordinance No. 10-064) The County Council also approved a concurrent request to repeal Ord. 04-144, by adoption of Ord. 10-065. -6- 9. December 15, 2011: The Planning Director approved the Wailani Project District Master Plan, which is part of the applicant's submittal in P.D. Exhibit 1. 10. December 9, 2015: The Planning Department issued an administrative time extension to comply with for Condition L(construction commencement and completion) of Ordinance No. 10-164. 11. July 29, 2016: The Planning Department issued tentative subdivision approval to create eight (8)bulk lots and two (2) road lots near the Komohana Street/Ponahawai Street intersection. This is the,area identified for commercial development on the approved Master Plan. STATE AND COUNTY PLANS 12. State Land Use Designation: Urban. 13. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban, which allows for village commercial, neighborhood commercial, single-family and multiple-family residential uses up to 35 units per acre, and related functions. 14. Hilo Community Development Plan (CDP): The Hilo CDP, adopted by Resolution No. 1 on May 21, 1975, identifies the area as Agricultural-1 acre(A-1a), Single-Family. Residential- 10,000 sq ft (RS-10) and Open along the Alenaio Stream. 15. County Zoning: Project District. According to the Zoning Code, the Project District (PD) zone is intended to provide for a flexible and creative planning approach rather than specific land use zoning designations. It will also allow for flexibility in the location of specific uses and mixes of structural alternatives. The planning approach would establish n while providingfor a comprehensive network of continuity in land uses and designs p infrastructural facilities and systems. A variety of uses as well as open space,parks, and other project uses are intended to be in accord with each individual Project District objective. (P.D. Exhibit 4—Zoning Code Section 25-6-40, Project District) 16. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program regulated by the County. The property is not within the County's Special Management Area(SMA). -7- DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 17. Project Site: The project site consists of three adjoining parcels located west of the Ponahawai Street- Komohana Street intersection and northwest of the Mohouli Street Extension. The project site is approximately 172 acres in size. These vacant properties are situated at an elevation between 240 and 410 feet above mean sea level. The intermittently flowing Alenaio.Stream begins mauka of the Mohouli Street Extension and runs generally through the southern portion of the project site to the southeastern corner near Komohana Street. A portion of the project site directly across from Ka Waena Lapa`au Medical Center has recently been grubbed and graded. Portions of the properties were previously in sugar cane production until the early 1970s. Two small cinder cones which are part of the Hala`i Hills are located in the northeastern portion of the property. The westernmost cinder cone is commonly referred to as Pu`u Honu. 18. Surrounding Zoning and Land Uses: The adjacent residential properties to the north are zoned Single-Family Residential - 7,500 square feet (RS-7.5) and consist of the Kaumana Gardens, Crescent City Heights, Pi`ihonua Houselots subdivisions. The Sunrise Ridge Subdivision which is zoned RS-10 is located adjacent to the south along the mauka portion of Komohana Street. The Ka Waena Lapa`au Medical Center and other medical complexes and offices are located along the makai side of Komohana Street and zoned Neighborhood Commercial—20,000 square feet (CN-20). The Sunrise Estates subdivision, consisting of one-acre sized lots and zoned Agricultural 1-acre (A-la), is located to the south of the property. Lands across the Mohouli Street Extension are vacant and zoned Agricultural 1-acre (A-1a) and Open along Alenaio Stream. 19. FEMA Flood Insurance Rate Map (FIRM): The Alenaio Stream drainage channel, which runs though the property from the Mohouli Street Extension to Komohana Street, is a designated floodway(Zone AE - areas inundated by a 100-year flood, base flood elevations determined). A secondary drainage way north of the Alenaio Stream is designated Zone A (special flood hazard areas inundated by the 100-year flood,but for which no base flood have been determined). The remainder of the property is designated Zone X (area outside of the 500-year flood plain). -8- 20. Archaeological/Historical Resources: The applicant has submitted letters from the Department of Land and Natural Resources-State Historic Preservation Division approving an archaeological inventory survey, an interim mitigation plan and a preservation plan in response to Conditions FF, GG &HH of Ordinance No. 10-064. Please refer to the applicant's Exhibits G, H &Ito review the DLNR-SHPD letters. PUBLIC UTILITIES AND SERVICES 21. Roadways/Traffic: As originally proposed, the primary access to the project site will be from the proposed extension of Ponahawai Street, which will be a makai-mauka roadway from Komohana Street to the Mohouli Street Extension. As a traffic calming measure, the Ponahawai Street extension arterial may include multiple stop signed intersections to slow traffic moving along this corridor. The use of non-vehicular transportation will be encouraged through a network of bicycle, golf-cart and pedestrian walkways and trails. The City of Hilo.Zone Map identifies future road alignments and right-of-way needs in Hilo. The map designates an 80-foot wide right-of-way for the Ponahawai Street extension and indicates an alignment from Komohana Street, south of the Alenaio Stream drainage channel, through the project site to Mohouli Street. The intent is for this alignment to connect with the future Kupulau Street extension at an intersection with Mohouli Street. The Planning Department has required portions of the future Kupulau Street extension alignment to be reserved as road lots when subdivision approval was granted for subdivisions containing the alignment (i.e. Sunrise Estates Subdivision). A secondary access roadway is proposed which would begin as a signalized, fully channelized (as traffic demand requires) intersection on Komohana Street across from Pu'uhonu Place and end at an intersection with the Ponahawai Street extension within the project site. Currently, Komohana Street has a variable right-of-way width ranging from 80 to 90 feet fronting the subject properties. A new cul-de-sac roadway from the Mohouli Street Extension is proposed to serve the single-family residential lots south of the Alenaio Stream. The roadway would be located between the existing Kukuau Street and proposed Ponahawai Street extension. intersections. The approved Master Plan shows a proposed bridge over the Alenaio -9- Stream, but the applicant is proposing to remove this bridge due to cost. Mohouli Street Extension has a right-of-way width that varies between 120 and 180 feet fronting the subject property. There are multiple existing dead-end streets abutting the north boundary of the project area. When the zoning was originally approved in 2010, the neighboring property owners indicated that they did not wish to create a through-street situation. To satisfy the neighbors and the need for emergency vehicle access and future connectivity, the applicant proposed to construct an improved County standard road within the project site up to the property boundary at Wiliwili Street but place removable bollards (concrete posts) at the property boundary that can be removed when emergency vehicles need to gain access. Wiliwili Street has an existing right-of-way width of 30 to 45 feet with a 20-foot wide pavement close to the property. The pavement width of Wiliwili Street from Kaumana Drive is 16 feet. 22. Water: According to the Department of Water Supply(DWS), there was an existing water commitment for 200 units, which expired on September 30, 2018. Additionally, based on the increased demand, the DWS requests that the Water Master Plan be revised and resubmitted for review and approval. In response to these comments, the applicant has paid the water commitment fee as stated in the DWS letter dated January 11, 2019. Additionally, the applicant stated that the Water Master Plan will be revised and resubmitted to the DWS, which will require an amendment to Condition J (Submittal of a Detailed Water Master Plan). When the zoning was first granted in 2010, the applicant estimated water consumption for the proposed development to be approximately 283,700 gallons per day. According to the Department of Water Supply(DWS), the Department's existing water facilities in the area of the proposed development have limited capacities. The development will require extensive on- and off-site water system improvements, including but not limited to, source, storage, booster pump, and transmission facilities. The Department of Water Supply requires the applicant submit a water master plan, showing the water system improvements needed for each phase of the project. Additionally, the applicant will be required to enter into a Water Development Agreement -10- with the Water Board,before a water commitment for the project can be effected. The agreement will establish the scope of water system improvements required to serve the project, allocation of water to the project,duration of water commitments, timeline for completion, and payment of applicable facilities charges. According to DWS standards, interior waterlines serving the commercially-zoned areas must meet the minimum fire protection flow of 2,000 gallons per minute (gpm) at 20 psi residual pressure. Minimum fire protection flow is 1,500 gpm for multiple-family residential uses, and 1,000 gpm and 500 gpm for the small lot and large lot single-family residential uses, respectively. 23. Wastewater: The property is located in close proximity to the County sewer lines along Punahele Street to the north and at Komohana Street at Kukuau Street near the Sunrise Ridge Subdivision. The State Department of Health requires that all wastewater generated from the development be disposed into the County sewer system. When the zoning was originally approved in 2010, the applicant estimated the project would generate an average of approximately 299,000 gallons per day of wastewater flow. The existing Punahele Street sewer line is capable of handling some of the wastewater flows from the proposed development, however; additional improvements will be needed to Connect the entire project to the County sewer system. The applicant proposes three options for connecting to the County sewer system. The first option is to provide an approximately 1,690 linear foot sewer extension from the Punahele St—Komohana St intersection to the Ponahawai St—Komohana St intersection. This alignment provides the shortest route to the existing County sewer system but will likely require burying the new sewer pipe 30+ feet under the road surface due to the topography near the Komohana St- Pu'u Honu Place intersection. The second option is to provide a lift station(s) to pump sewer from the lower elevation into the Punahele St sewer line via Waipuna Place. The third option is to provide a new sewer line, approximately 5,260 linear feet in length, from the Keawe Street intersection up Ponahawai Street to the development. This alignment is more than three times the length of the first option but may be less expensive because the sewer line will be running in a shallow trench. According to the applicant, the Department of Environmental Management, Wastewater Division prefers the third -11- option because it will also serve other properties along Ponahawai Street between Komohana Street and Keawe Street. 24. Solid Waste: Solid waste will be disposed of by private hauling contractors or individuals to approved transfer stations, the Hilo landfill site or the Pu'uanahulu landfill site when the Hilo landfill has reached capacity. The applicant estimates that the original proposed project at build out will generate approximately 10,000 pounds of solid waste per day. A Solid Waste Management Plan, approved by the Department of Environmental Management, will be implemented by the applicant to handle solid waste during construction and operation of the development. Programs for recycling and re-use will also be encouraged. 25. Drainage: The Alenaio Stream and a second drainage way referred to as North Alenaio Stream traverse the property in a mauka-makai direction. Both of these drainage ways are shown as flood plains on the FEMA FIRM map and convey storm water under Komohana Street and toward Hilo Bay. The Alenaio Stream's 100-year storm water flow was • estimated in 1990 by the U.S:Army Corps of Engineers to be 7,000 cubic feet per second (cfs). The 100-year storm water flow within the North Alenaio Stream drainage way was estimated to be 400 cfs. Presently, off site storm water runoff generated mauka of the Mohouli Street Extension is directed through culverts into the Alenaio Stream drainage channel and crosses the subject properties. Additional runoff from existing residential areas to the north enter the subject properties through a concrete lined open channel nearby and parallel to Omao Road. Previous studies indicate that approximately 250 cfs flows from the Omao Road channel. Storm runoff generated from the project site will be managed by roadside gutters, swales, culverts, storm drainpipes, open ditches and drywells. The development will comply with Hawai`i County Code drainage requirements by retaining any increase in runoff due to the development on-site,based on a 10-year storm design. Regulatory requirements for improvements to the Alenaio Stream drainage way may include,but are not limited to obtaining a Stream Channel Alteration Permit from the State Commission on Water Resource Management, obtaining a Department of the Army Section 404 Permit from the -12- - I Army Corps of Engineers, complying with Section 401, State DOH, Clean Water Branch, and obtaining a Letter of FIRM Map Revision (LOMAR) from the County and FEMA. 26. Essential Utilities: Electricity, propane gas and telecommunication services can be made available to the site. According to HELCO, the existing Komohana electrical substation will not be adequate to serve the estimated project load of roughly 10,000kW, therefore the applicant will be required to deed land to HELCO for the construction of a new substation. Additionally, given that the existing distribution system along Komohana Street is not adequate to serve the development, new off-site and on-site distribution lines will be needed. Propane gas tanks may be used, similar to those at the residences in Sunrise Ridge and existing medical facilities on Komohana Street. Telecommunication services can be provided by Verizon Hawai`i and Sandwich Isles Communications Company. 27. Police, Fire and Medical Services: Police protection will be provided from the South Hilo District Station on Kapi`olani Street, which is less than a mile from the site. The Central Fire Station is located on Ponahawai Street near Kino`ole Street. A second fire station, which provides fire, rescue and hazardous materials operations, is located on Kaumana Drive near Mohouli Street. Hilo Medical Center is located within a mile of the project site on Waianuenue Avenue. AGENCIES AND ORGANIZATIONS' COMMENTS 28. Department of Water Supply: (P.D. Exhibits 5 and 6—December 17, 2018 and January 11, 2019 memos) 29. Department of Public Works- Engineering Division: (P.D. Exhibit 7 and 8—January 25, 2019 and February 5, 2019 memos) 30. Department of Environmental Management: (P.D. Exhibit 9—December 3, 2018 memo) 31. Department of Health-Wastewater Branch: (P.D. Exhibit 10—November 21, 2018 letter) 32. Department of Health- Safe Drinking Water Branch: (P.D. Exhibit 11— _ November 23, 2018 email) -13- AGENCIES -NO RESPONSE 33. US Fish and Wildlife Service, Department of Education, Civil Defense Agency, Department of Parks and Recreation, Department of Transportation,Natural Resources Conservation Service, Fire Department, Office of Housing and Community Development, Department of Land and Natural Resources (DLNR)- Engineering Division, DLNR- State Historic Preservation Division, HELCO. AGENCIES -NO COMMENTS/NO CONCERNS 34. Police Department. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 35. The applicant submitted the following in response to agency comments: • (P.D. Exhibit 12—December 20, 2018 letter from Sidney Fuke, Planning Consultant to Planning Director) • (P.D. Exhibit 13—January 31, 2019 letter from Sidney Fuke, Planning Consultant to Planning Director) PUBLIC COMMENTS 36. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -14- r--._. 1L z / // , ..tei SidneyFuke, ng Consultant v ...7'" 100 Pauahi Street,Suite 212 • Hilo, Hawaii 96720 Telephone: (808)969-1522• Fax: (808) 969-7996 •Pla nning•variance•Zoning E-mail:sidfuke@hawaiiantel.net ul� n� JT A n •Subdivision•Land Use Permits •Environmental Reports October 2K-2:018 ". 'Lir ,",''.,1i Mr.Michael Yee, Director Planning Department COUNTY OF HAWAF I 101 Pauahi Street II Hilo,HI 96720 Dear Mr. Yee: - Subject: Time Extension and Other Amendments Request Ordinance No. 10 64 (Wailani Project District) Wailani Development,LLC • South Hilo,HI,TMK: 2-3-37: 001; 2-3-044: 019 &2-3-049: 053 In a letter,dated August 1,2018,this office submitted the subject matter for your review and consideration. The submittal was neither formally accepted nor returned, as this office were in continuing discussions with your staff regarding the applicant's • proposed amendments to the wastewater requirements for the project. During this discussion and/or review period, it was understood that theapplication's pplication's this issue. acceptance/rejection review period was suspended,pending In sum,the applicant had proposed to modify Condition 0 relating to wastewater requirement by mandating County sewer connection for land uses only,in areas where a State Department of Health septic system would not be permitted. Thus, a single-family residential lot subdivision with a density of less than fifty (50) lots r a small from the sewer hookup requirement commercial development could conceivably be exempt However,based upon our meeting of October 19, 2018,you expressed a preference to have as much of the project connect to the County sewer system and that an exception could be considered only for the proposed residential area south of Alenaio Stream, provided that the requirements of the State Department of Health relative to a private system can be met. • The applicant understands and accepts the rationale for such a position. Accordingly, it would like to amend its request by requiring ALL land uses—whether residential or a small commercial development-north of the Alenaio Stream connect to the County sewer system. As for the proposed residential area south of the Alenaio Stream,there would be no mandate for a County sewer line connection,provided that a private wastewater system, such as a septic system,is approved by the State Department of Health. • In that regard,we would appreciate your review and acceptance of the August 1, �_ ___ 2018 submittal, as modified herein. This would thus require only swapping o sheets—pages 5 and 15. ��rhing Dept ! ;; 3 7Q'I18 -Exhibit 1 : 12 i 2 9 • C Mr. Michael Yee,Director October 23, 2018 Page 2 In that regard,please find attached these replacement pages for your review, and upon your concurrence, I will make appropriate insertions to the twenty (20) copies ' already on file with your office. Should you have additional questions on this matter,please feel free to direct them to me. Thank you very much. Sincerely (\'1\1\1 \1\•\•/\) SIDNEY M. FUKE Planning Consultant Enclosures Copy—Wailani Development,LLC w/ enclosures • } /Gig T11113 7 Any L \J1 i l APPLICATION FOR TIME EXTENSION AND AMENDMENTS TO ORDINANCE NO. 10 64 (WAILANI PROJECT DISTRICT) WAILANI DEVELOPMENT, LLC • • Ponahawai, South Hilo, Hawaii TM K: 2-3-037: 001 ; 2-3-044: 019; & • 2-3-049: 053 Prepared For: Wailani Development, LLC Prepared By.: Sidney M. Fuke, Planning Consultant . July 2018 TIME EXTENSION AND AMENDMENTS TO ORDINANCE NO. 10 64 WAILANI DEVELOPMENT, LLC PONAHAWAI, SOUTH HILO, HAWAI'I TMK: 2-3-037: 001; 2-3-044: 019; AND 2-3-049: 053 In a letter, dated July 5, 2018, the Planning Department deemed the request of Wailani Development, LLC to amend its Project District Ordinance (Ordinance No. 10 64) incomplete, and thus returned the application. (Exhibit A) This revised report restates the applicant's request, while addressing questions raised in that letter. I. BACKGROUND On June 18, 2010, Ordinance No. 10 64 became effective. This ordinance rezoned 171+ acres into the Project District and designated said area as the Wailani Project District ("WPD"). The WPD is designed to allow a mixed use development consisting of commercial office, retail, and residential uses. Inasmuch as the Project District ordinance had time performance and infrastructure obligations which cannot be timely and reasonably fulfilled, Wailani Development, LLC ("applicant" or"WD") is seeking a time extension as well as modification of some of these conditions. II. PROJECT LOCATION The subject area, consisting of 171+ acres, is located generally along on the mauka or west side of Komohana Street near its intersection with Poriahawai Street, up to the makai portion of the Mohouli Street Extension. The northwestern portion of the property abuts portions of the Crescent City Heights Subdivision, whereas its southwestern portion is situated proximate to the Sunrise Ridge Subdivision. The Alenaio Stream flows through the site in'a northeasterly direction between the Mohouli Street Extension and Komohana Street. (Figures 1 and 2) Please note that Figure 2 was revised to reflect the inadvertent omission of TMK: 2-3- 049: 053 in the original document. III. GENERAL PERMITTING BACKGROUND AND REZONING CONDITIONS To recap, on June 8, 2010, the County Council approved rezoning Ordinance No. 10-64, which became effective on June 18, 2010.The ordinance allowed the development of the Wailani Project District ("WPD"), subject to a number of conditions. This section will summarize and provide a status of the various pertinent conditions. It will also highlight the areas requested to be amended. A fuller discussion of the 1 '�`- ,-tea I I 1 i' acv ^ 1 ) àI '4'� ' yt,° ��". .,w_ .• .. sr r `x :: .�'- `°. tf? .� _. -fir" a l'IT .�: a La m \ • c i ' $yv s ";tom a... 7 , i .4f,,l'e_OP/A ak",,f,t910...'rr'ir ,,.....k 44.1,...,d, '..1-.'4,, ^ '''''14..1...,4-Z.Vtilfte n-- K ,.fat:----:,-,--.:-.,,,,t',..---, ... pii i,; Z*-1,-,-$:..-,W4,.-.4...<4.1.4 ';.)- - +>.. ---S .i z, •i r — ys%R. n— 1—a .- .. r tib .,-,-,./..,,, - — ' F. T i g� ,r:�r�-4yt2S�l� �'N k 4_`��� Wil• r/ >^� < O -i .q�'�0�4166: +'�"r - .5..'ti' �"'•••,-._�� � -I —_-2' -'-'-*2:-.74-1044-"4:,,„.' $S.-4 �_ tvw. a h 3 " aa5 a 3 "' ¢Osrc a .../r / z - 4"a' 4 .W F• 3,..s-47,,,�``..,,,,. I -/ _moi , a 41‘. , . . .v..., ., , _ ,:....2‘,..0.,..v.iitipl .; -Th if s , ', j,lca. ' ?,! \ 1 - mow;: j. rP aF � c ice_ — 1 - a'� s' n 3v7ti› Y-' m �a//�/ jo- I ! — ,e % pai .— Y) .� -..s, a,-�',..,ter - \• i E'- /.,In Y --,-----`—'- ,t1 Mr -t ' a. - ir.,,, .,,,,,,F,,,,, -t .,,... ,.-.,,,....„„.. . .- -, ,.... ...„ , — ifls L,-1- L/ ` v t + Y.. 7� {t- e.'}'k D.' �C,�, , "•,ate a�::::_l 1.+4'. r*.!!- .� r. J ,_ i" r' .t.q :t d 1 ,}`f• ,�r,s t• &au y �:,1.....`J'� '- Z , x, \ * ;�tv �'v y�O .f ✓ r pth s Y / -- f / 4?%411I47A1&1IAZ r:,1.--F er.- \r.-N.,..., - -- -.A tj- R1i ✓ J+Y. k j ! .X7k F.— —..yam f '" • '/'tel ' ) lei' �, . 4° — - I R"?') i12 , i, .4a- •--. "c �jj. �f j ': 4 . .,.. ,....„... ......, ,...5.... .,....„ .... ..:: „ 1 •-"r".------. , ''. (.,.,s1 _ •- - • s..*, ,.,/6.amnAsueb_4•nAmat+, •=uw ILO-1,z\„nz FIGURE 1 F L� ,1, �r a° H ,P� n . \ i/ / ry_W I t --t---,..:1•7 e. o�0 eorr 'S SO D O 1 ,r� ry ]i +^ .� .gteG O4trva err ( • q 1181 . ',•+ , - =ease.. c� —1 ^- ...A ti r _ �, J t1\ l 1 c''@. -e } ' r vt 4s , , , y , t ,7 P�r� iw� c °r ; • • ` l+ N',1Ginn ` .' 1;\-A:-. 71'.\';•\'''''''s."`'\ '‘.?I'04'1.i:%'4.\\\ 's TI ti � �' rs.e ro.m tu C 0 --71 „ e , 4.\ \i \\ N 3 in s�, ‘ r �.n s , , , . � 41.4xe's4,14.4,-,.i,s , , N /e . . ` ft a3 "t.,,t',,1 \ fro `` °`3' -.1.;.,:', a y�Z i'Cil ; ?a1,:\\• . J� .tis \t ;. s i \ a1 ..,,N. .t\olitalA.,,rnk,,,fil.,?t,yv4t\,,i,41, ,tA, %.� --_.. ,`' ,'� s'j y�'$• 'y; c. y yrC'a 4t t i 'n ', Y �`k 1 * J —.---- / Nt‘i,‘,, \\,,,,14;s., n �` fzory '2,',:' leaf .M.., T- o''' �.nr vo g /a Ore J. , 4 i47� f.', , I / -1 _ ZONE 2 SEC, ,S U } rgM,i{t(, K U K U A U 212 u j �1 yi TNIRD pIV I310N a i 20.E SCG PLAT U rV•NCDS'E. Y 2 3 44 �s r rlC/A WWik1A .eApaw� PONANAWA/ SOUTfd ff/LOQ HAINA// j / 1 ecwr I IuzMn'h: I TITLE T.M.K. MAP FIGURE 400' 0 400' 800' SCALE: 1' = 400' 4 -��- PROJECT WATER MASTER PLAN - WAILANI DEVELOPMENT DATE �� SCALE: 1 =400' PONAHAWAI, SOUTH HILO, HAWAII 05/2012 J requested amendments, however, would be covered in Chapter IV of this report. A. The applicant, its successors or assigns, shall be responsible for complying with all conditions of the change of zone ordinance. The property is and continues to be owned by the applicant, Wailani Development, LLC. Given the size and scope of the WPD, certain components may be developed by different entities or a master developer. The applicant is currently working with a potential master developer who has extensive development experience here in the State of Hawaii. In either case, the applicant or respective developer will be responsible for complying with the appropriate conditions of approval. B. Condition B is not applicable, as it merely refers to the project's name, Wailani Project District. C. The WPD shall consist or no more than 172 acres of residential senior housing, medical office campus, commercial center, business park, open space and recreational uses and related improvements. A master plan (Exhibit B) incorporating those elements was filed and subsequently approved by the Planning Department, in a letter, dated December 15, 2011. Pursuant to the master plan, a subdivision application for Phase I was filed and granted Tentative Approval on July 29, 2016. The subdivision would consist of five (5) lots, two (2) road lots, and three (3) larger lots reserved for the subsequent phases of this project. (Exhibit C) Please note that the master plan has since been revised(Exhibit D) to now reflect a reduced and relocated areas commercial space and more residential units. This addresses item 8 of Exhibit A. D. The maximum number of residential units shall be 518, inclusive of the planned 333 senior housing units. The multiple family residential densities shall not exceed 35 units per acre. It should be noted that while the residential component initially had its principal focus on senior housing, due to an internal market study done by the developer, however, that may not be possible. As such, while the focus is still a planned community, the residential component will now be more varied. It will span the gamut of income levels and various product types (single to multiple-family). The total number of units is also proposed to be increased from 518 to 700 units, inclusive 2 of any on-site affordable units to address the affordable housing requirements of Condition JJ. E. The maximum square footage of all commercial area, including the proposed medical offices, cannot exceed 480,000 square feet; no single commercial business may contain more than 45,000 square feet of gross floor area. The applicant intends to reduce the allowable commercial area from 480,000 to 420,000 square feet. The net traffic effect of this reduction and the increase in residential density would be the same. (Exhibit E) This will be discussed in greater detail below. F. The minimum lot size for a single-family residential lot shall not be less than 7,500 square feet. While the applicant considered the possibility of smaller lots in line with the principles of smart growth, it has elected to adhere to this minimum lot size requirement. That lot size would be more in keeping with the surrounding areas to the north. This answers item 9 of Exhibit A. G. A minimum of 26 acres shall be set aside for open space and recreational use, of which at least 7 acres shall be for active recreational uses. The project will incorporate these open space and passive/active recreational use requirements and reflected in the new Master Plan (Exhibit D). H. This condition relates to allowable uses. The applicant initially contemplated having uses similar to those allowed in the Commercial-Village zone. However, some of those uses may not be consistent with the site's General Plan Medium Density designation. As such, the project will adhere to the use restrictions outline in this condition. This answers item 5 of Exhibit A. I. This condition related to the preparation and approval of a Master Plan within two years from the effective date of the ordinance. As noted in the response to Condition C, the master plan was approved on December 15, 2011, within the stipulated 2-year period. While it is understood that the Master Plan may be amended by the Planning Director from time to time to accommodate evolving land use concepts, development constraints, and the like, the applicant will be proposing amendments to assure that amendments can occur administratively. The applicant has made some modest revisions to the approved Master Plan by incorporating TMK: 2-3-049: 053. (Exhibit D) J. A detailed water master plan must be submitted within 2 years of the WPD ordinance. This requirement has been complied with, as the master plan was approved by the Department of Water Supply ("DWS') in a letter, dated May 14. A copy of the approval letter is attached as Exhibit F. K. A Water Development Agreement must be executed with the County Water Commission to address matters like water commitment, improvement requirements, and the like. Pursuant to the water master plan, a water usage calculation for Phase I was submitted to and approved by the DWS on September 14, 2015. Subsequently, a water commitment deposit of$30,000 was made, assuring commitment for 200 units of water or 80,000 gpd. This commitment, however, was good to September 30, 2018. The applicant will be making the additional commitment deposit to have this extended. For the subsequent phases of this project, the appropriate Agreement with the DWS will be executed to assure sufficient potable water for the project. L. Construction of approximately 100,000 square feet of the proposed medical office complex and another 100,000 square feet for the commercial center must begin within 5 years of the WPD ordinance. Construction of the Ponahawai Street Extension must also commence within 5 years of and completed within 10 years of the WPD ordinance. For a variety of reasons, the applicant was not able to meet the construction commencement deadline. As such, it requested and received approval of the appropriate extensions from the Planning Department on December 9, 2015. The letter extended the requirement to commence construction of the project as well as the Ponahawai Street Extension to June 18, 2020, as well as completion of the Ponahawai Street Extension to June 18, 2025. As will be discussed below, the applicant will seek to modify the timeline and scale of the commence construction requirement of both the project itself and the Ponahawai Street Extension. The goals are 4 5 to coincide infrastructure improvements with the actual development of the project as well as to allow for the gradual development of the project. Please note that the medical office complex is still a viable part of the WPD. It probably will not occur during the initial phase of the commercial development. Further, its size may not fully utilize the allocated amount of 100,000 square feet, as it will be demand driven. This should answer item 10 of Exhibit A. M. This condition outlines the WPD's design standards and/or parameters such as landscaping, height, setbacks, parking, and the like. These standards will be complied with. No deviations from the zoning and/or subdivision code with respect to roadway standards are being contemplated. This should thus answer items 6 and 7 of Exhibit A. N. All project utilities shall be underground. Because of cost considerations, the applicant will be proposing to have this requirement deleted. 0. This relates to a sewer study approved by the Department of Environmental Management and its implementation prior to issuance of an occupancy permit. A sewer study is currently being done by the applicant to determine the eligible capacity of the County's system. No private wastewater treatment plant is being contemplated. All commercial and multiple- family residential components of the project will connect to the County's system. This will also include any single family residential project north of the Alenaio Stream. However, the applicant would like the option to have a private wastewater system, such as a septic system, for the proposed single- family residential lot subdivision south of the Alenaio Stream. This would be subject to meeting with the requirements of the State Department of Health. This addresses item 2 of Exhibit A. P. This relates to the construction of the Ponahawai Street Extension, complete with curb, gutters, and sidewalk, within an 80-foot wide right- of-way and its dedication to the County. The alignment has been identified in the approved master plan. The concept of this Extension will be addressed and complied with. 5 However, the applicant will be proposing some modifications which would allow for the staged implementation of this roadway, while allowing for the level of improvements to be proportional to the impact of the project. This would include at least a 2-lane County dedicable standard roadway and pedestrian pathways (not necessarily curb, gutters, and sidewalk) within the right-of-way. This would be similar to the Ane Keohokalole Highway in Kona, where improvements to the full right-of-way have yet to be constructed. In that regard, the project will develop its roadways, be they private or public, meeting with approved County standards. Thus, no roadway variances are being contemplated. We trust that this answers item 6 of Exhibit A. Q. No lots shall have direct access from either Komohana Street or Mohouli Street, exclusive of permitted road lots. No individual residential lots shall have direct access from Komohana Street, Mohouli Street or Ponahawai Street. While this restriction is acceptable for residential lots, the applicant would like the ability to have a commercial development to have direct access to those streets, subject to the Department of Public Works' approval, upon consultation with the Planning Director. This would still enable the Department to deny or approve a request with restrictions, such as right in/right out movements, left turn storage lane, etc. R. All streets have to be constructed to County dedicable standards with curb, gutters, and sidewalk, although this can be waived by the Planning Director, upon consultation with the Department of Public Works. For residential streets, the applicant would like the option rather than the requirement to install curb, gutters, and sidewalk, due in large measure to cost consideration. All streets would be constructed to County dedicable standards or approved private road standards. No deviations from those dedicable or private road standards are being contemplated. These standards are already outlined in the Subdivision Code and the Department of Public Works Standard Detail manual. For those streets within the commercial development, the applicant would like the option to have the curb, gutters, and sidewalk installed in conjunction with the commercial development and not necessarily at the time of a land subdivision. We trust that this further responds to items 6 and 7 of Exhibit A. 6 S. This condition relates to the provision of an emergency vehicular access only from one of the streets located north of the WPD and the terms of its relief. This access will be reflected in the appropriate development plans for this area and implemented in conjunction with the area's corresponding development. T. This condition relates to the obligation of the applicant to acquire and install needed traffic lights. The applicant will comply. U. An updated TIAR is needed prior to receipt of Final Plan Approval for each phase of the project. An updated TIAR will be prepared that corresponds to the project for which Plan Approval is being sought. V. Additional setbacks for residential structures were required fronting Komohana Street and Mohouli Street. This will be addressed and reflected in any plans along these roads. W. A drainage study meeting with the approval of the Department of Public Works is needed prior to submittal of plans for Final Plan Approval or Final Subdivision Approval. Further, the approved drainage system must be implemented prior to issuance of occupancy permit or Final Subdivision approval. This will be complied with and implemented by the applicant and/or its successors or assigns. X. This condition required compliance with Chapter 27 of the County Code regarding floodplain management. This will be complied with and implemented by the applicant and/or its successors or assigns. Y. The flood/drainage restrictions for areas within the AE and A flood zones were required to be complied with. Like the above, this will be complied with and implemented by the applicant and/or its successors or assigns. Z. This condition required compliance with Chapter 10 of the County Code relating to grading and grubbing requirements. This is an on-going requirement and has and will continue to be complied with by the applicant and/or its successors or assigns. It should be noted that preliminary site work has already been done in accordance with grading and stockpiling permits approved by the Department of Public Works. AA. Contact with the U.S. Corps of Engineers is required for any work affecting any potential wetlands or the Alenaio Stream. The applicant acknowledges and will comply with this condition. BB. Likewise, contact with the Department of Health relating to the NPDES permit was also required. The applicant acknowledges and will comply with this condition. CC. This condition related to compliance with the State Department of Health's UIC air pollution and related requirements. The applicant acknowledges and will comply with this condition. DD. A solid waste management plan approved by the Department of Environmental Management was also required prior to the issuance of Final Plan Approval. As plans for Plan Approval have not been finalized to date, no Solid Waste Management Plan has been submitted. In due time, this requirement will be complied with. EE. Pu'u Honu was required to be preserved. This is already reflected in the approved concept master plan and will be implemented in conjunction with the development of the area proximate to the Pu'u. FF. An archaeological inventory survey was required. An Archaeological Inventory Survey prepared by Glenn Escott of Scientific Consultant Services was approved by SHPD in a letter, dated April 3, 2017. (Exhibit G) A copy of this report was previously made available to the Planning Department, although an additional copy can be made available upon request. 8 GG. An archaeological mitigation plan relating to Site 14947 was required prior to any land disturbance in that area. SHPD approved the mitigation plan which addresses the preservation of this site in a letter, dated April 18, 2017. (Exhibit H) Pursuant to said approval, Site 30924 was staked and flagged in a manner meeting with the email approval of SHPD on April 25, 2017. HH. An archaeological preservation plan covering portion of the old Hilo Boarding School and Old Mission Ditch as well as Pu'u Honu had to be prepared and implemented before any land disturbance activity occurred proximate to those areas. The final Archaeological Preservation Plan and SHPD's approval of said Plan were submitted to your office in a letter, dated July 16, 2018. A copy of the SHPD's approval letter, dated May 31, 2018, is attached as Exhibit I. Pursuant to this letter, a grubbing permit was issued. We trust that this answers items 3 and 4 Exhibit A. II. This condition relates to the archaeological monitoring protocols during the construction phase of this project. The staked flags will be replaced by orange construction fence when excavation and construction approaches the buffer, which will eventually be replaced by a permanent buffer when the project in that area has been completed. The balance of the appropriate monitoring protocols will be adhered. JJ. This condition relates to compliance with the County's Affordable Housing Code. This will be complied with by the applicant or its successors or assigns once the specific residential development program for an area is identified. It should be noted that the applicant is considering setting aside land in advance of the affordable housing trigger to help address the County's need for such housing. KK. This condition relates to fair share contribution. This will be addressed and complied with by the applicant or its successors or assigns once the specific residential development program for an area is identified. The applicant will be requesting that all affordable housing be exempt from this requirement to make realization of the affordable housing goal more achievable. 9 LL. This condition relates to the possibility of the adoption of a Unified Impact Fee and its applicability to this project The applicant is aware of this and will comply, should it become necessary. MM. The applicant shall comply with all other applicable County, State and Federal laws, rules, regulations and requirements. This will be complied with by the applicant and/or its successors or assigns. NN. This condition relates to the annual report requirement. The applicant respectfully requests your acceptance of this report to satisfy the 2018 requirement. The next one would be due on or before June 18, 2019. 00. This condition relates to the protocol of any time extension. As discussed earlier, the applicant is requesting an extension from the building commencement and road completion requirement outlined in Condition L. The justifications for this and other requests are found below. Further, the applicant is requesting that this provision applies to this amended request. PP. This condition relates to the protocol of non-compliance with conditions. The applicant intends to comply with all conditions so as to avoid necessitating the Planning Director from exercising this provision. IV. Nature And Justifications of Time Extension and Other Requests Over the past few years and with the assistance of an established developer, the applicant has sought to develop the project. It has had discussions with a sizable and reputable super market, as well as a financially strong and equally reputable pharmaceutical and all purpose chain store. The regrettable conclusion was that without some modifications of the infrastructure requirements, development ofthe site would not be financially feasible. The applicant's commitment and land use project objectives have not changed, to wit, the development of a mixed use commercial residential project that would include commercial retail activities like a super market, pharmaceutical store, and eateries; medical facility; affordable and market 10 housing; and open space/recreational areas. However, in spite of expending considerable funds to do some preliminary on-site grading and fulfilling most of the "soft" cost items like finalizing a master plan, water master plan, archaeological studies, and the like, the bottom line conclusion is this: to make the project financially feasible, some of the conditions need to be modified. At the same time, the deadline to commence the project has or will be expiring shortly. As such, a time extension of the pertinent conditions is needed. As such, this section discusses and the need/justification of the proposed amendments, including the time extension. Notwithstanding the need for a time extension, in concept, the applicant is requesting conditions be modified to: • Reduce some of the infrastructural requirements, particularly if the required infrastructure, while having some measure of nexus to the project, does not fully meet the proportionality or fair test; • Allow options to address infrastructure requirements; • Time/trigger the infrastructure improvements concurrent with the actual development the improvement(s) is designed to serve; and • Increase the residential while decreasing the commercial components of the project. A. Increase Housing and Decrease Commercial (Conditions D and E) The applicant would like to amend Condition D by increasing the maximum number of residential units from 518 to 700, inclusive of any on-site housing units designed to address the affordable housing requirements of Condition JJ. While it is the intent of the WPD to also have a senior housing component, it does not necessarily want to be married to that potential requirement. Concurrently, it would like to amend Condition E by reducing the maximum allowable commercial square feet from 480,000 to 420,000 square feet. The applicant believes that having the ability to increase the amount of housing units within the WPD would have a greater value to the community, particularly in light of the loss of housing units in the lower Puna area, approximately thirty (30) miles away. Further, it would tend to be more compatible with the surrounding residential areas. To make the project more financially feasible, the applicant would need to have more market type of units. As such, it requests that the maximum units be increased to 700, inclusive of the affordable units ti constructed to address the affordable housing requirements of Chapter 11. It should be noted that the applicant still intends to construct some senior housing which would probably address some of the affordable housing requirements. At the same time, reducing the allowable commercial area by 60,000 square feet should not compromise the intent of the WPD. There still would be sufficient commercial space to accommodate the project's commercial needs, and, with the medical office component, the general community. Further, it is not the intent of the WPD to entertain a "big box" retailer or replace existing business centers but instead to complement and/or supplement them. Having the ability to construct a sizable commercial area may have the unintended consequence of diluting the strength and function of the established commercial cores in the City of Hilo. It should also be noted that the traffic impact associated with the increase of residential use and decrease of commercial uses is negligible. A summary analysis prepared by the applicant's traffic consultant, Austin Tsutsumi and Associates, is found in Exhibit G. While the change would result in a slight increase in the AM peak (1065 versus 951) movements, the PM movements would be slightly reduced (1894 to 1856). In light of the above, the applicant requests the following amendments, with a suggested language, with the bracketed [ ] items to be deleted and underscored ( ) items to be added: Condition D The number of single-family and multiple-family residential units allowed shall be [518] 700 units, [which includes a maximum 333 senior housing units]inclusive of any on-site affordable housing units designed to address the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy. The density for multiple-family residential uses shall not exceed 35 units per acre. Condition E The maximum square footage of the medical office campus, commercial center, and business park uses shall be [480,000]420,000 square feet. No single commercial business may contain more than 45,000 square feet in gross floor area. B. Modify Construction/Completion Requirement of Ponahawai Street Extension (Conditions L and P) 12 Condition L of the Project District ordinance required "Construction of approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center"to commence within five (5) years of the ordinance. Likewise, construction of the Ponahawai Street Extension was to commence within the five (5) year period and be completed within ten (10) years. As noted earlier, however, the project construction commencement date was extended to June 18, 2020, with completion of the Ponahawai Street Extension by June 18, 2025. Condition P required the provision of an 80-foot wide right-of-way and construction of the Ponahawai Street Extension from Komohana Street to Mohouli Street within the WPD to County dedicable standards, complete with curbs, gutters, and sidewalks. The Extension has to be completed without any regard to the actual development (and hence, impact) of project within the WPD but by an arbitrarily fixed period. The issue with these conditions is two-fold. Relative to Condition L, short of an unforeseen resurgent demand for 100,000 square feet of commercial space AND 100,000 square feet of medical office/facility for a city like Hilo, it is difficult to anticipate a demand for an aggregate of 200,000 square feet of space in such a short period of time. As such, the applicant believes that instead of arbitrarily establishing a minimum square footage to commence and complete a project, it would be more appropriate to integrate the necessary infrastructure (road, water, wastewater) impacts with what is being actually developed through the Plan Approval process. In concept, this would be no different than reviewing a development on an existing zoned property. In those situations, infrastructural requirements relative to access, water, wastewater and so forth are addressed and implemented in conjunction with the Plan Approval and building permit processes, with all necessary infrastructure completed prior to issuance of an occupancy permit. Relatedly, Condition L requires improvements to the Ponahawai Street Extension and its intersection even if a project within the WPD does not utilize the area required to be improved. In that case, the applicant would be subjected to making premature infrastructure improvements, which adds significantly to the upfront cost. This cost is further compounded by Condition P, which requires an 80-foot wide right-of- way, complete with curbs, gutters, and sidewalks, a standard that may be substantially in excess of the possible impacts of a project. 13 In light of the above, the applicant requests the following amendments, with a suggested language, with the bracketed [ ] items to be deleted and underscored ( ) items to be added: Condition L Construction of any commercial component of the Wailani Project District [approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center]shall commence within five (5) years of the effective date of this amendment [the Project District Ordinance] and be completed within five (5) years from the construction commencement date. [Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five (5) years of the effective date of the Project District Ordinance. Completion of construction may be assured by a sufficient surety bond, meeting with the approval of the County of Hawaii.] Final Plan Approval of any commercial component of the Wailani Project District shall be secured in accordance with the requirements of[the] Chapter 25 (Zoning Code), Hawai'i County Code, prior to the commencement of construction of the stated use. As part of the Plan Approval process and using any traffic related information provided by the applicant per Condition U, the Planning Director upon consultation with the Department of Public Works, shall determine the appropriate on and off-site access improvement requirement. Said improvements shall be completed prior to issuance of occupancy permit of the affected commercial component. Condition P Based on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director, the applicant, its successors or assigns, shall provide and dedicate to the County an 80-foot wide right-of-way for the[The]extension of Ponahawai Street from Komohana Street to Mohouli Street (referred hereafter as the "Ponahawai Street extension) [shall be a minimum right-of-way width of eighty (80) feet and built to County dedicable standards, including the provision of curbs, gutters and sidewalks, and be built on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director. Upon its completion, the roadway shall be dedicated, at no cost, to the County]. Said right- of-way or portions thereof shall be dedicated no later than completion of improvements within that portion of the right-of-way or earlier— without improvements— upon request by the County. 14 15 Any development within the Wailani Project District requiring access from the Ponahawai Street extension to either Komohana Street or Mohouli Street shall be responsible for the construction of roadway improvements within the extension meeting with the approval of the Department of Public Works, prior to issuance of an occupancy permit for that specific development. Improvements shall consist of a two- lane County dedicable standard road with pedestrian and bike paths. This does not preclude the affected development from making further improvements within the extension such as a 4-lane road with curbs, putters, and sidewalks within the extension. C. Modify Wastewater Requirements (Condition 0) --)E..) This condition suggests that the entire project has to connect to the County sewer system. While it is the intent of the project, particularly the commercialKomohana Street to be connected to complex p fronting the County line, there may be other non-wastewater treatment plant options — such as a septic system - available for a single-family residential. This would be particularly applicable for the proposed single-family residential development on the south side of Alenaio Stream. In light of the above, the applicant requests the following amendment, with a suggested language, with the bracketed [ ] items to be deleted and underscored ( ) items to be added: Condition 0 Individual wastewater systems — such as a septic system - for a single- family residential lot subdivision located south of Alenaio Stream within the Wailani Projace District shall be allowed, provided that they meet with the approval and requirements of the State Department of Health. All other uses/projects within the Wailani Project District shall be connected to the County system. For those uses requiring connection, the [The]applicant shall conduct a sewer study in accordance with the then applicable wastewater design standards prior to approval to connect to the County sewer system. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide such sewer line or other facility improvements as the Director of the Department of Environmental Management may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the development. 15 D. Clarify Master Plan Amendment Process (Condition I) While Condition I allows for the Master Plan to be amended administratively from time to time, the applicant is proposingthat that process be made more clear. In light of the above, the applicant requests the following amendment, with a suggested language, with the bracketed [ ] items to be deleted and underscored ( ) items to be added: Condition I: A detailed Master Plan of the Project District, which includes the location and number of residential lots and units, commercial units, open space and recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking, and other related improvements on the property, shall be submitted to the Planning Director within two (2) years from the effective date of the Project submission ofplans for approval or District Ordinance or prior to plan subdivision approval, whichever occurs first. Upon request by the applicant, the Master Plan may be amended by the Planning Director from time to time to accommodate evolving land use concepts, topographic/physical conditions, cost, and related matters to assure the orderly and timely implementation of the Project District. E. Delete the requirement to underground utilities (Condition N) Because undergrounding utilities, particularly for the residential areas, is expensive, which then translates to added cost to the consumer, the applicant is requesting that this condition be deleted in its entirety. Further, because undergrounding utilities is more of a cosmetic rather than a health and safety measure, there appears to be no overriding visual or scenic consideration that would warrant this added cost. In lightapplicant of the above, the requests the deletion of Condition N in its entirety, as reflected with the brackets. Condition N: [All project utilities shall be underground.] F. Modify Access Requirements (Condition Q) The condition prohibits any lots from having direct access to Komohana or Mohouli Streets. Further, no single-family residential lots can have any direct access to Ponahawai Street. While the need for 16 controlled access is understandable, the applicant believes that for commercial developments, accesses are important for the success of a project as well as the potential to enhance traffic circulation. The applicant thus requests the option to allow commercial uses to have direct access to all streets, subject to any restrictions required by the Department of Public Works to address safety and other traffic issues. A possible restriction could be right-in, right-out movements only. In light of the above, the applicant requests the following amendment, with a suggested language, with the bracketed [ ] items to be deleted and underscored ( ) items to be added: Condition Q No single family residential lot's]shall have direct access from either Komohana Street or Mohouli Street, [exclusive of permitted lots]. Commercial and/or multiple family residential projects may have direct access from either Komohana Street, Mohouli Street, or Ponahawai Street, subject to the approval of the Department of Public Works in consultation with the Planning Director, with any applicable off-site improvements or movement restrictions. The location of any permitted road lots shall be determined by the Department of Public Works in consultation with the Planning Director. Further, no single family residential lots shall have direct access from the Ponahawai Street Extension and other proposed arterial streets. G. Modify curb, gutter, and sidewalk requirement (Condition R) Unless waived by the Planning Director, the condition appears to suggest that all roads have to be built to county dedicable standards and with curbs, gutters, and sidewalks. However, the applicant intends to have portions of the roads within the project constructed to private, non-dedicable standard, as allowed by the County Subdivision Codes and the Department of Public Works Standard Detail manual. This would apply specifically to residential subdivisions with 6 or less lots. Further, the Subdivision Code does not mandate curbs, gutters, and sidewalks for single-family residential subdivisions. Thus, due to added cost and consistency requirements, the applicant requests that this not be made mandatory, provided that no deviation from the. For those streets within the commercial development, the applicant would like the option to have the curb, gutters, and sidewalk installed in conjunction with the commercial development and not necessarily at 17 the time of a land subdivision creating the commercial lots. This is essentially a timing and not necessarily an avoidance issue. In light of the above, the applicant requests the following amendment, with a suggested language, with the bracketed [ ] items to be deleted and underscored ( ) items to be added: Condition R: Unless otherwise specified by the Planning Director in consultation with the Department of Public Works, all streets to be dedicated to the County within the commercial development of the project shall be constructed to dedicable standards, including the provision of concrete curbs, gutters, and sidewalks. This shall not be required of all private, non-dedicable standard roads and residential subdivisions. Further, the installation of the curbs, gutters, and sidewalk may be deferred to the actual development of a commercial lot and not necessarily at the time a commercial lot(s) is being created through the subdivision process. H. Waive Fair Share Requirement for Affordable Housing Units (Condition KK) Condition KK requires a fair share assessment for single and multiple- family residential units. It does not apply to non-residential uses. It also does not waive its requirements for affordable housing units. This cost will add, at a minimum, between $8,000 to $13,000 more to the cost of developing a multiple-family or single-family residential unit. In so doing, because the profit (if any) margin is already very small, having this requirement waived would make the production of these units more feasible. Further, it would make it more feasible to target ' the moderate to low income instead of the moderate to moderately higher categories. Additionally, it could incentivize developers to develop more affordable units instead of constructing only the required 20% minimum. As such, the applicant requests that this requirement not be waived for all affordable housing units constructed on-site, whether designed to address the requirements of Chapter 11 or not. In that regard, a possible language to accommodate this request would be adding the following sentence at the end of Condition KK: "This provision shall not apply to any housing units constructed within the WPD and defined as `affordable'by Chapter 11, Article I, Hawaii 18 County Code and so certified by the County Office of Housing and Community Development." I. Seek Time Extension Request (Condition 00) Condition L required commencement of the project within five (5) years, with an additional five (5) years of an administrative extension per Condition 00. For a variety of reasons, the applicant was not able to meet the construction commencement deadline. As such, it requested and received approval of the appropriate extensions from the Planning Department on December 9, 2015. The letter extended the requirement to commence construction of the project as well as the Ponahawai Street Extension to June 18, 2020, as well as completion of the Ponahawai Street Extension to June 18, 2025. The applicant is thus proposing a similar extension, subject to the effective date of this request. In that regard, Condition 00 could read as follows, using the same bracketed and underscored approach: Condition 00 An initial extension of time for the performance of conditions within the amended 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 are not the result of their fault or negligence... (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. As outlined in Condition 00 (5), any additional time extension — as in this case — requires the approval of the County Council. In situations where an extension is needed, the request is measured against three (3) "circumstances". These circumstances and justifications are: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Since the WPD was approved, the applicant has taken a number of steps in having the pre-development phase of this property 19 completed in accordance with the terms or conditions of approval. These included such things as the preparation and approval of the overall Master Plan; the Water Master Plan; payment of the water commitment fee; and the like. It also sought and has been working with a developer experienced with residential and commercial developments. Potential tenants, including a major supermarket and a pharmaceutical company, expressed bona fide interests. However, during their due diligence process, the high upfront infrastructure cost regrettably diminished their interest. Regrettably, in spite of the uptick in the global and national economy, securing the required financing to initiate and complete the project and all of infrastructural obligations continue to be a problem. Much of the attention has thus been directed towards finding reasonable modifications of the conditions, as proposed herein. Understandably, the high development cost was clearly something that the applicant did not anticipate when it agreed to all of the conditions. The cost became more evident as the project began moving into its development phase and as extremely interested and potential tenants elected to either defer further consideration or walk away from the site. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map that defines the subject property and its immediately surrounding area for Medium Density Urban. The General Plan has not been amended, and as such, the current designation on the LUPAG map is the same as when the subject property was initially rezoned Project District. The request is also not contrary to the goals, policies and standards of the General Plan. In addition to the Housing, Natural Beauty, Recreation, Transportation and other elements of the General Plan, 20 the Project District would also specifically support the following elements: Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. • Strive for diversity and stability in the economic system. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for full employment. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the 21 desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. C. Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. The reasons for approving the rezoning of this site were articulated in the Planning Commission's letter to the County Council, a copy of which is found in EXHIBIT J. The reasons, in summary, and their relationship to the present, included: • furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of Occupations. This is still a goal of the County. • the availability of all essential utilities (such as road, wastewater, water, and the like) that can and will be made available to service the development. The discussion relates to the extension and/or improvement of roadway system in the area. • not having or generating substantial adverse impact upon the surrounding area, community, or region. The site does not have any resource issues that cannot be reasonably mitigated, such as archaeological, drainage, botanical, or avifaunal. It is thus maintained that the reasons used to support the Project District rezoning also apply to the requested time extension. 22 EXHIBIT A PLANNING DEPARTMENT LETTER JULY 5, 2018 OF if Harry Kim =�o°� •ttti ' Michael Yee `- 1�� Director Mayor ' � �i.r Daryn Arai Deputy Director TATE pF•• MTM'- West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy `• 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 July 5, 2018 Mr. Sidney M. Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: SUBEJCT: Return of Application and Request for Additional Information Applicant: Wailani Development LLC Request: Application to Amend Change of Zone Ordinance No. 10-64 Tax Map Key: (3) 2-3-037:001, 2-3-044:019, 2-3-049:053 We have reviewed your request for a time extension and other amendments to Ordinance No. 10-64 dated May 31, 2018 and letter dated June 22, 2018 withdrawing the request to amend Condition 0, and are returning an original and 20 copies of the subject application due to incompleteness of the request. Please address the following concerns and re-submit the application. 1. Figure 2 does not show TMK 2-3-049:053. 2. We understand that you are withdrawing your request to amend Condition 0 related to wastewater and therefore the project will continue to connect to the County sewer system. Please be aware that Subsection 11-62-31.1 of the Department of Health rules,regarding use of individual wastewater systems for dwellings, requires that there be 10,000-square feet of land area for each individual wastewater system. Condition F of Ordinance No. 10-64 allowed a 7,500-square foot minimum lot size for single-family residential lots because the developer represented, and Condition 0 required, connection of the Wailani Project to the County sewer system. The Planning Department will not support lot sizes less than 10,000 square feet unless they are connected to County sewer. 3. Please provide a copy of the final plan titled Archaeological Preservation Plan for the 163-Acre Wailani Project prepared by Escott. We received a letter dated May 31, 2018 from the State Historic Preservation Division(SHPD) approving the plan but do not have a copy in our file. WWW.hiplanningdept.com Hawai'i County is an Equal Opportunity Provider and Employer planning+:a;:hawaiicountv.gov ,Mr. Sidney M. Fuke Planning Consultant Page 2 July 5, 2018 4. Staff has noticed that grading and grubbing of the property has commenced,particularly at the foot of the Pu`u Honu cinder cone. In a letter dated April 18, 2017, the SHPD requested verification of the implementation of the interim protection measures for Sites 14947 (Hilo Boarding School remnants/Old Mission ditch/rock boundary wall) and 30294 (Pu`u Honu cinder cone) prior to initiation of project work. Have the interim protection measures been implemented? Please provide verification to the Planning Department and SHPD. 5. Page 3 of the application indicates the applicant will seek to delete the `permitted uses' restriction in Condition H, but this is not included in the `Nature of Request' section. Please clarify whether this is a requested amendment. Also, be aware that hotels, manufacturing, warehousing and light-industrial uses were likely excluded as `permitted uses' in this Project District because of the General Plan's Medium Density Urban designation for the property. These uses are inconsistent with the MDU designation and instead are consistent with the General Plan designations of Resort and Industrial. A General Plan amendment will be needed to introduce these uses into the Project District area. Please contact April Surprenant, Long Range Planning Manager, to discuss a General Plan amendment. 6. For the request to amend Conditions P and R, related to roadways within the development, please provide typical road sections for the proposed roadways since the new amendment requests differ from the road sections provided with the Master Plan. 7. Please provide a list of any exemptions or variances from Hawai`i County Code Chapters 23 (Subdivision Code) and 25 (Zoning Code) that will be needed to implement the proposed development. 8. The Master Plan will need to be revised showing the additional residential units (518 currently allowed, 700 requested). 9. Define what is meant by"smart growth principles" in your request to amend Condition F. 10. The application explains the requests but not the reasons for each request. For example, please explain why the medical office park concept has been dropped in Condition L. 11. Page 10 of the application indicates that market demand is currently not present to justify development of commercial and medical office space as proposed in the original Project District application. Please provide an estimate of how many years the Wailani project will take to fully build-out. Mr. Sidney M. Fuke Planning Consultant Page 3 July 5, 2018 Please re-submit the requested information with the original and 20 copies. We are enclosing a receipt for the filing fee and will hold the $250 filing fee for the resubmitted application. If you have any questions, please feel free to contact Maija Jackson at (808) 961-8159. Sincerely, MICHAEL YEE Planning Director MJJ:mad P:wpwin60\Maija\Letters\Returned Apps\LFuke-RETREZ-WailaniDev.doc Enclosures: Original and 20 Copies of Application Receipt for Filing Fee EXHIBIT B APPROVED WAILANI MASTER PLAN DECEMBER 15, 2011 lr, William P.Kenoi '•!!; BJ Leithead Todd Mayor •. V^ Lk70; Director • ,rsrs Margaret K.Masunaga Deputy •6;•M'r4�_ West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy . 101 Panahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawai`i i Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 December 15, 2011 Mr. Sidney M. Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Wailani Project District Master Plan Condition I of Change of Zone Ordinance No. 10-064 TMK: 2-3-037: 001: 2-3-044: 019: 2-3-049: 053; Ponahawai, South Hilo, Hawai`i Thank you for your letter dated November 29, 2011, transmitting the Wailani Project District Master Plan as required by, and in satisfaction of, Condition I of Change of Zone Ordinance No. 10-064. We note the differentiation being made between this"master plan" as required by Condition I and a"site plan" as required by the Zoning Code for Project Districts. We also note your disclosure that "site plans" will be submitted with each development component as they are developed and that plan approval review for the non-residential components will be required. We reserve the right, pursuant to Section 25-6-49 HCC, to waive the need for plan approval depending on scope and level of detail offered by an approved site plan. Finally, while we approve of the landscaping palette offered, we encourage the applicant to explore the use of native plants to the greatest extent possible that would satisfy the requirements of Planning Department Rule No. 17 regarding Landscaping. Should you have any questions, please do not hesitate to contact Daryn Arai of this office at 961- 8142. Sincerely, Ldi BJ LEITHEAD TODD Planning Director DSA:smn P:/wpwin60/dsa/2011/LFukeREZ 1057 W ailaniMasterPlan.doc www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planninerZco.hawaii.hi.us • Sid neyFuke,c_P_ianning Consultant 100 Pauahi Street, 212 •Hilo, Hawaii 96720 •Planning•variance•Zoning Telephone:(808)969-1522• Fax: (808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports November 29,2011 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Paw hi Street Hilo, HI 96720 Dear Ms. Leithead-Todd: Subject: Wailani Project District Master Plan Condition I,Rezoning Ord.No. 10 64 TMKS: 2-3-037: 001; 2-3-044:019; 2-3-049:053 On June 8, 2010,the County Council approved rezoning Ordinance No. 10 64,which became effective on June 18,2010. The ordinance allowed the development of the Wailani Project District("WPD"), subject to a number of conditions. Condition I required the submittal of a Master Plan within two years of the effective date of the ordinance. Pursuant to said condition,we are pleased to timely submit for your review and approval the proposed Wailani Master Plan("Plan"). The submittal includes the overall MP,typical road sections,landscaping plan, and a palette of trees. As you review this Plan and as called for in Condition I,we would like to direct your attention to a number of items: 1. The proposed location and number of residential lots/units are identified on the MP. The total number of planned residential units shown does not exceed the cap of 518 units. However,when site and related regulatory considerations are taken into account,the number of actual units being developed may be less than the allowable maximum. 2. Relative to the commercial areas,in conjunction with the submittal of detailed plans for Plan Approval,the applicant will be mindful of the square footage requirement outlined in Condition E. 3. You will note that about 23 acres are being proposed for open space/passive recreation with an additional 7 acres for active recreation. This would be consistent with Condition G. 4. As shown on the MP, the pedestrian walkways and bikeways have been designated within the major roadways. Their general locations are identified on the Typical Road Sections illustration. Ms.BJ Leithead Todd, Director November 29,2011 Page 2 5. A proposed landscaping plan and a list or palette of trees are also attached. These are designed to address primarily landscaping for the major streets. Please be aware that the applicant intends to have appropriate landscaping theme along the major streets. To avoid a"hodgepodge" of streetscape,probably 2 or 3 and not all of the trees noted on the palette would be used for certain corridors. A separate and detailed landscaping plan will be provided in conjunction with the Plan Approval process for all non-single-family residential developments within the MP. All of the landscaping will be designed and/or planned and implemented following the requirements of Planning Department Rule No. 17,relating to Landscaping. 6. While the concept roadways and their proposed improvements are noted on the MP, specific parking layout cannot reasonably be identified at this time. These will be identified—with the exception of single-family residential developments—in conjunction with the Plan Approval process. 7. The applicant understands and accepts that the MP requirement outlined in Condition I of Rezoning Ordinance No. 10 64 is distinguishable from the site plan requirement called for in Section 25-6-46 of the Zoning Code. Specific site plans for different components of the project,following the concept MP herein,will be filed in due time in conjunction with the Plan Approval and/or single-family residential lot subdivision, as the case may be, application(s). We trust that you find this MP acceptable and in compliance with Condition I. If not or if there are further questions on this matter,please feel free to contact me. Thank you very much. Sincerely, SIDNEY M. FUKE Planning Consultant Enclosures Copy—Ms. Wendy Matsuura, Wailani Development,LLC w/o enclosures via email Mr. Bruce Meyers, Okahara and Associates, w/o enclosures via email • 1 AA O PU'UHONU ULLIWAI STREET 4 PUCE m i �' COMM? r� RES. LEO AC. b ____. LIKO LEHUA STREET (441.50 ACJ 70- PLOT \ J O .tk::z'`SLy W__�,.p,Pro `4' `•r,T RES. -.� T� I I \ CLRAC. '".."`•••.. k�—�" PSL ROADS \ 1N uLTI F B,F.LOTS AND ES rwulFnrnLrurulB // _______ .. .. __ N , , . .:_.:___. .: NAW ,_„,..,..„,-_-_________---_,=i,„,„, ..„. fTRfiCT_ ,! ri ',?.: O �"�-,�iftiliiiiiir 6U SENIOR al t / \/ �•+IIIt -I+'NN!STANDARDS HOUSING \ , Ap fly. 1 iss UNITS 'V'A COMM' THIN IC'R1W - A!9iREFr r-- b - \ I. ---.�.:.arn. .'*iiititi 1 SENIMI•ED A MJ 4'..,/ ;: �50•Rnv I FUTUREBRIDOE OU FC, ✓ BUILT BY OTHERS 0 INCL ROAD LEGEND: .�.,.�' 7.00 AC. �'� ►" / DRAINAGEMill r RESIDENTIAL SL.DDAC. SABIN / WWIDERrwINITH / Tr ROAD FUTURE ROAD WIDENINGRE , -- - COMMERCIAL CENTER' / SETBACK RADII SIDE ]a.00 AC. �` ' % INCL ROADS PU'UHONU: ' ________ ________/ 45-h11AE0 812E LOTS OPEN SPACE - ���_) ! : . MIXED USE ,. J ��- / , MEDICAL PARK: �.�.. `�_^- _ / �'' ACTIVE RECREATIONAL AREA-. '! ✓' NOTES, I. ALL OTHER ROADS TO BE BUILT TO CURRENT COUNTY DEDICABLE OR PRIVATE ROAD STANDARDS. 1. PLAN APPROVAL REQUIRED, WAILANI MASTER PLAN DI oksha a End GRAPHIC SCALE: Associates, Inch 400' 200' 0 400' 800' CONSULTING ENGINEERS SCALE: NOVEMBER 16, 2011 1" = 400' = ME R 80' R.O.W. R R 60' R.O.W. R - 30' q 30' 2' 8' 18' SECTION "A-A" SECTION "C-C" 80 FEET RIGHT OF WAY 60 FEET RIGHT OF WAY R.41 80' R.O.W. P FE 50' R.O.W. it 1 18 $ 18' 2' 10'10 1 .. I 16 ,� 16' 2' 7 0 1 I i �� , 1 ; �, i l . I ,�,�,�,,` *) ith. Aon �`� Y r r�> ►� SECTION "B-B" SECTION "D-D" 80 FEET RIGHT OF WAY 50 FEET RIGHT OF WAY e' 20' R.O.W. R Ir PAVEMENT q L I J_ ___ , PRIVATE ROAD 20 FEET RIGHT OF WAY WAILANI TYPICAL ROAD SECTIONS ,� end en GRAPHIC SCALE: Agpp , Inc" 200' 100' 0 200' 400' CONSULTING ENGINEERS SCALE: MEIMI nommou NOVEMBER 15. 2011 ' = 200' I 11111•1111=1111111 • • AO MPARK'I --�� j '^ PARI ��_ 0 1 RECREATIONAL *�e�o �,�P PLACE SLIM AI STREET t I AREA PUN/ QI I NONE r V ,:44 � ' $ , •b jlby 4' COMM.,...----1. e ao 4 LOW LENUA STREET 1 d,i •Y � Doo1COMM. _IVrg \6/ + Jb,ea1b.AA4-0 O-.LyQRES - e RES. � o ---- � + O 171,i , - r'oro�aA `.. I,y1O 4e d��ro �a.a.d. ,4. a_eb-QeeA- 0eTEqNQ---gi a -e� -e e�'arA.0- �-... il rNQ ola +NAAAwA,�_b I je � j .Fq-s4-Q_'�o ---QcM e�oMM• smut d � e-+-e'e comm `� • +-►-e-eoe_ y_i+-ey � _LO l � "ee- 0e6 `141 QI '6 '�-- � y-aI-aty � i-e-4 •d ` -",4• ,\� 'eQRES. C6—�- jy'--�r-6 ' v.e , ebcoMM. ' * ���-+-o_o.�.o�� A.;-0 �a COMM.\ 4O _� ft I 'VIII I I IIII IEI III I Ili lII14 `` Qb �a-oro-t-u'o-. •. • \ '1111 II IIII�IIII _ NEE. MIONCOM Q�: SENb RI-USE ByI STREAMWAY ..\ MEDJOFC. -- !EI OPEN •_ _— _- ' SPACE \ - •J'. J.�`.\ �.r RES. �•�__ _ �. �` LEGEND: -- �:-e" e'xt �; +-o o 'v TYPE A ..+.-+-A A-A-A A- B0'RMI 3_'a+��-" +ro..e'•-e o .e-ye,+-r / _,...------- ROAD d ROAD TYPE 8 -+-a•-a-o-wa-4--- 60'RJW IN 80'RAN MO�Qp� j ROAD TYPE C -e 4-4-0-0-0-0-- 60'RMI - - - NOTE DETAILED LANDSCAPING PLAN FOR COMMERCIAL ROAD TYPE D -o-D-0-42 a-a it 50'RAN AREAS TO RE PROVIDED BY RESPECTIVE DEVELOPERS AT THE TIME OF PLAN APPROVAL ALL PROJECT AND STREETICAPE LANDSCAPING TO RE DESIGNED AND IMPLEMENTED PER PLANNING DEPARTMENT RULE N0.17. WAILANI LANDSCAPING PLAN okel,sra end GRAPHIC SCALE: 01 Associates, Inc. aoo' zoo' u aoo eoo' CONSULTING ENGINEERS SCALE: NOVEMBER 15. 2011 1- = 400' • . r,,,i,, 1.e . .-_%.-..,ar ,: .-. ,....e.„... re.-4--vefo. ..,tv , 4, . y r - S f 3!{ h, -'' J.fi +i „,.4-,..',7,' ia ;7 ,94 �. max : ..._ .3_ - Coconut Formosan Koa Gold Tree • �Id''ire • �y.• - a Pli lad r ra 1 �V •x, [ P ���., er L„ { lt. ; : t f _” 9� # -(• -� t fti • -moi 44 E ".Rw }It . ''� .� .4-,,' ' s� -,.• d.i-4- fit .'+; — 1, Hala Hong Kong Orchid Loulu Palm ti. • y. H t! j 1t.w If 1 x • Royal Poinciana Silver Trumpet _ Apit4r � t a .., i .-. . vw: r True Kou Tulipwood Manila Palm (Veitchia) C; EXHFITC PILELIMINAil*Y SLUI *11VISION MAP 1sT PHASE __. .—_-- — [SO OKI-C-2(c)ITT'elo:no-c-L(c)'4 0:Lt0-c-L(c)%1•M don o 1 —— 13'bs CIO./-.Bc V.Oc ooN -- .... _ - •0•�'.F-^s'-00:_ 0400'02 '4 DM^.I1 _Y s , '77 't-'P'I('7}?Lj ,..•21 A-..,,,,,.....T P•.N.tl ,•--, •:F f km(0 GI 0'0 myuwnN N••N•a °°°°u' ',au-_„e i00 SLotl 9l_ oN nn, S4o2'02 3^wfe0 o0.N0N ".1.�0 \J�-'f0 5(111 MNI.030MW SIOL'IL,0x0100 DaM•tl �:.lw' e61LIMLW ONOerN OLIN Sbi'6 M%1o0 ,iAC w n10 OLCO, Oe.ON'a0n'5126•'^B'0'd OI'Fw'S 0'x1.1 C6 Nold u.. a OT`1N3ndOlN3]�•�,nOLM v r' /16 .._-.1."4 WOO IIVMVII'000040 40 ONV1S1'0110 411006 ONO ONY 151 00NV001'1MVIIV001 ,-'^_,_••'. 11020010r 31V0 a a Nil 5101 Otl02f ass 9'a9 c '0 SLOT N30NIVY30 _ _ I F lYnoud 0 3„iv I' ass 3AISf 1ONl 5 ca (510'1 • igi ii 1x01 vlY w,e.a .0mue..A,auaY '. R b0 ,•,,,,-,,..113,nn6'.,wrl.nue0 OW NOLLY0r106N00 0105 30 N06NI00t63tl 3Nl are f.`�^.. 1.m.o.nuwun7en•r•exu 1Dn 0.,.00.0 WV w.I...0 Mnlid NOc12N30 01 260 0.0. .-. y .10,0,mtlidMs•w pr vo•auia.0 a0 MO O 0000136101 ONV.0.101 Y011VNYn114$Il 3 ON I0VVN100 01 066 NI 0 10 00101'COLO 10 oM1Y!WNW 101lm03ONIYn30 IOTOEI 0/ C NOLLVtlOn06NO3 3N�1d SNOB „-,•� ' 0MM' x015 ld _ i (w r a all�litiiik$"of .'47::"...--7:-Ir..Y--'.-.1 i i ., . ll11114 0 _. " ii -- + , .6.., . offO�P. ► „ , .00 in .- 53a00-00'6c , tO a 101 a3aflvrla �h'a b �\ -------------”— �/ a RN YY " .I ... .n .e,m-,v,. " S3a0V SLC'u4*Y . a„,..,.a L 101 a30NIV113a ...,_,•,. Y 0\ • ✓'DZ1 53a0Y60e'B__i,'Y C eI ,• '„\ I i.'lig a 107 ;9 ,,,ora',. iii a'1°\ J! S3a0Y 066'LO y lS MMYI{V `” I cL 1. B 101 a30NIVY13N ��8�� '� IA All., j'- ', 1 ntt q ma . ® '� e Nil 1111111/airmi 1-. - AAS 'IP9RSy 8 wi, t 4w My 4�:,• n ;h 107 avoa ®off,1111— �� ; Y,M,, r� \\/V . 1% IS - I 5 M ,'f; Gen aN --\ .,z,_ 4„ �. A S3v10'NI.z6107 ----;,-:-.4;.,..„,,,,,,.,,,,, ' •- _ ri tl °@ � '111 1ll ,.r 1111111 1 SN33., N N r ,� c - 0` -. 53x010 1 30.1 OS-V,N I NIT'S . n ognc 1 I& _.. ...ii . l--5-116_I._art <./� '� v V Ill 13SNI . `dg :i`nc m J. nc,cdµ.• �`�otO •� , 'It SalaY 0003- z§ • 0 ns ys - .�G lel. �,��`� �� '� 0101 _ ,,7:",- a _.9,,..,-_,..-, ----- , x �:. -or., ` __.,,LLL ON/I_ — — ,,�,.ss�rlii�<%.. di li 11 ill 1 Il i i is ,�� •' ,,:' /�� .a.uiz ag�� _—Baer-i;-'3tor c1n' g s 8 v 101 von �� '0�`'1 `�.�� :i ,9L— ALL•„ V Y,. �.6C.__ %Ic S FPccL _17 aie 53tgV BSB'- �o',rnscz 11 1101 • EXHIBIT D REVISED WAILANI MASTER PLAN JULY 23, 2018 1,1 ' 4,1,11 III::-.0,--:7:EUW::"1&."-— -i r „IKNUA 6TREE� �� Fill IEa er ZtAIIIIII% 9 wry i�M r NPUUNO u P ACE C` sl� [ 7-1\i� a , , � - E i .: I '" i s 4 r9^r.4 ......... .vim _ P° "N#S`FFT ,ROiri` I WEN , LEGEND f�,,o, �1 l �I�Y�jg'�iI�j RESIDENTIAL: r a i' ii 141.1111 III f lib I' 1I►' 1\ r? COMMERCIAL CENTER: {��} T ,o # d . a.00 Ac. k Hi c sang r�rN++a✓ PU'U HONU: DRAINAGE " eae1K - , 71, OPEN SPACE: r.4.1„, +ce Sdi r;?, ;',- { iT•:: _, / MIXED USE: VIM- ,�. - A,* �..;, - ..a`� 3 MEDICAL PARK: ";?ilt� .�I �, ... _ ., ^-,..<, ACTIVE RECREATIONAL AREA: - \\ - PONAHAWAI EXTENSION 7.28 AC. .*4.. ,� PU'UHONU EXTENSION 7.70 AC. /��' �� '� _\t" TOTAL 172.90 AC. � o WAILANI MASTER PLAN ;.r GRAPHIC SCALE: Okahara and 6�iWOlatais Inc. 400' 200' 0 400' 800' 41 CONSULTING ENGINEERS SALE: JULY 23, 2018 1 = 400' I 116 ,r EXHIBIT E TRAFFIC GENERATION DIFFERENTIAL (LESS COMMERCIAL, MORE RESIDENTIAL) JULY 23, 2018 • Approved Zoning Condition Trip Generation (518-Unit Residential& max 480,000 SF commercial/office) AM PM... Land Use ITE Code Quantity Unit Enter% Enter Exit ,Total Enter% Enter Exit Total Multi-Family Housing(Low-Rise) 220 95 DU 23% 10 35 45 63% 35 21 56 Single-Family Detached Housing 210 90 DU 25% 17 52 69 63% 55 33 88 Senior Housing (Attached) 253 333 DU 35% 23 43 66 65% 53 29 82 Medical Dental Office Bldg 720 180 kSF GLA 78% 294 83 377 28% 171 441 612 Business Park 770 100 kSF GLA 85% 121 21 142 26% 38 110 148 Shopping Center 820 200 kSF GLA 62% 156 96 252 48% 436 472 908 Total 621 330 951 788 1106 1894 -- Assumptions 1. Per Zoning Conditions 6/18/2010 2.Assumed max 518 residential units(333 senior housing units,90 single-family and 95 multi-family) 3. Assumed max 480,000 commercial/office(180,000 SF medical office building, 200,000 SF commercial & 100,000 Business Tech Park) Revised Zoning Trip Generation (Increased 700-Unit Residential& reduced 420,000 SF commercial/office) AM Land Use ITE Code Quantity Unit Enter% Enter Exit Total, Enter% Enter Exit Total Multi-Family Housing(Low-Rise) 220 250 DU 23% 26 88 114 63% 84 49 133 Single-Family Detached Housing 210 225 DU 25% 41 124 165 63% 132 78 210 Senior Housing(Attached) 253 225 DU 35% 16 29 45 65% 36 20 56 Medical Dental Office Bldg 720 180 kSF GLA 78% 294 83 377 28% 171 441 612 Business Park 770 100 kSF GLA 85% 121 21 142 26% 38 110 148 Shopping Center 820 140 kSF GLA 62% 138 84 222 48% 335 362 697 Total 636 429 1065 796 1060 1856 , Assumptions 1.Additional 182 single-family residential units(225 senior housing units, 225 single-family and 250 multi-family) 2. Reduced 60,000 SF commercial (180,000 SF medical office building, 140,000 SF commercial & 100,000 Business Tech Park) EXHIBIT F WATER MASTER PLAN APPROVAL LETTER MAY 14, 2012 S JULY 23, 2018 • 6 � p • DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII - 4"7- � ��� 345 I(EKUAMAO'A STREET. SUITE 20 a HILO, HAWAII 96720 • TELEPHONE (808) 961-8050 - FAX (808) 961-8657 May 14,2012 Bruce K.Meyers ©kahara&Associates,Inc. 200 Kohola Street Hila,BI 96720 WAILANI WATER MASTER FILAN TAX MAP KEY 2-3-03'7:001 AND 2-3444:019 We have reviewed the revised Wafter Master Plan for the Wailaoni Master Plmmed Development dated May 2012. As the proposed water system improvements will be justified by hydraulic modeling,the overall conceptsvided within the plan are generally approved- Should there be any questions,please contact Mr.Ryan Quitoriano of our Water Resources and ---- Planning Branch at 961-8070,extension 256. -- -- — ---_ -- -- Sincerely yours, Q • Antonio,sr.,P.E. r-Chief Engineer ' RQ:dfg copy- Pinning Department • • .W ter,Our Mast Precious Resource.-. a`tNaierr are. . 1YteDepartmentcfliVaterSnootyisanSapidODourttsirtyprovidesandein Oy&. EXHIBIT G SHPD ARCHAEOLOGICAL INVENTORY SURVEY APPROVAL LETTER APRIL 3, 2017 rte—.., „r�.;yvOF SUZANNERS CASE O F qr�. AAANENAD ON P•'':9 5 9 �.a COMMISSION ON DAN RESOURCE ESOURCFES DAYOR Y.!CE ;JCC.' n k:�y GOVERNOR OF HAWAII 0e. .,;,L;r��5s f.:.;, - ANAGEMENT . KEKOA KALUHIWA 4_,"V--- s : ,. FIRST DEPUTY >tt. ,,, .140.,''`•r .l JEFFREY T.PEARSON oE� Alt, ViS 6 t7 DEPUTY DIRECTOR-WATER CC` ���• -.- r5' AQUATIC RESOURCES C '++a'M^ y'... .,,t f BOATING AND OCEAN RECREATION �^ F' r;'../ TING AND CONVEYANCES RECREATION Q n „�'- � COMMISSIONONSE V WATER RESOURCEL LANDS MANAGEMENT CONSERVATION AND COASTAL LANDS RESOURCES ENFORCEMENT ' �� � OF HAWAII CONSERVATION A�QiEERINO STATE ,,,,e._:--,...Y. , _�,.. I. FORESTRY ANDWILDLIFE • DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION SWT ofH ° KAHCOAWE ISLAND DERVECOMNGSSION STATE HISTORIC PRESERVATION DIVISION LAND STATE KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 April 3,2017 IN REPLY REFER TO: Log No. 2017.00612 Wendy Matsuura Doc.No. 1703SN11 Wailani Development,LLC Doc.No. 17 670 Ponahawai St.,Suite 214 gy Hilo,HI 96720 Dear Ms.Matsuura: SUBJECT: Chapter 6E-42 Historic Preservation Review— Archaeological Inventory Survey for the 163-acre Wailani Project Ponahawai Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-3-044:019 Thank you for the opportunity to review the revised draft report titled,Archaeological Inventory Survey 3 0-3- 4103- Acre Wailani Project in Ponahawai Ahupua'a, South Hilo District, Island of Hawai`i, TMK: (3) (Escott,May 2015).The SHPD received the initial draft on May 8,2016,requested revisions on December 9,2016 (Log No. 2015.01793, Doc.No. 1611KM18), and received the revised draft via email on February 27, 2017 (Log No.2017.00612). . This archaeological inventory survey (AIS) was completed by Scientific Consultant Services, Inc. (SCS) at the request of Peter and Wendy Matsuura, representatives of the landowner, Wailani Development LLC. The project area totals approximately 163 acres and is part of the larger 171-acre Wailani Project District area that is southwest of Hilo Bay and is bounded by Komohana Street to the east,Mohouli Street Extension to the west, and residential neighborhoods to the north and south. The Wailani Project District plans to develop the area with single family residences,townhouses,large lots,commercial parcels,and some open space and a medical park. The MS involved a 100%pedestrian survey and subsurface testing with excavation of 20 shovel test probes(0.3 m. by 0.3 m.) and 1 test unit(1 m. by 1 m.). The MS documented one previously identified historic property (Site 50- 10-35-14947) and four newly identified historic properties (Sites 50-10-35-30291, 30292, 30293, and 30294). Site 50-10-35-14947 consists of remnants of the Hilo Boarding School and Old Mission ditch and rock boundary wall. Sites 50-10-35-30291, 30292, and 30293 are historic sugarcane agricultural sites comprised of field areas with associated walls and clearing mounds. Site 50-10-35-30294 is a traditional Hawaiian cultural site identified as the Pu'u Honu cinder cone.•The shovel probes and test unit excavations did not encounter any subsurface cultural deposits or materials. Pursuant to Hawaii Administrative Rules(HAR) §13-284-6,the report assessed Sites 14947,and Sites 30291-30293 as significant under Criteria a and d, and Site 30294 was assessed significant under Criteria d and e. The project effect determination is "Effect, with agreed upon mitigation commitments." Sites 14947 and 30294 will be preserved, and no further work is required for Sites 30291, 30292, and 30293. The SHPD concurs with the significance assessments, effect determination, and the mitigation recommendations. SCS initiated consultation regarding proposed preservation of Site 30294 with the Office of Hawaiian Affairs (OHA) on January 18, 2017, which included providing a copy of the draft AIS. SCS followed up by email and phone on February 9, 2017 with Kai Markell at OHA,but received no response or comments. The revisions adequately address the issues and concerns raised in our earlier correspondence (December 9, 2016, Log No. 2015.01793, Doc. No. 1611KM18). The report provides adequate discussion of the project, physical Wendy Matsuura April 3,2017 Page 2 environment, cultural and historical background, previous archaeological studies, methods and field findings, and meets the requirements specified in HAR §13-276-5. It is accepted. Please send two hardcopies of the document, clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office, attention SHPD Library. As stipulated in HAR§13-284-7(e), when the SHPD concurs that the project will have an"Effect,with agreed upon mitigation commitments", then detailed mitigation plans shall be developed for SHPD review and acceptance. Pursuant to HAR §13-284-8(a)(1)C), the agreed-upon mitigation measures for the proposed project are archaeological preservation for Sites 14947 and 30294. Pursuant to HAR §13-284-8, SHPD looks forward to receiving an archaeological preservation plan for Sites 14947 and 30294 that meets the requirements of HAR§13-277 prior to anv project related work commencing. Please contact Sean Naleimaile at (808) 933-7651 or at Sean.P.Naleimaile(a�hawaii.gov for questions regarding archaeological resources or this letter. Aloha, 55v‘sCIA/N_ Susan A.Lebo,PhD Archaeology Branch Chief cc. Glenn Escott(Qgescott@Yahoo.com) r , EXHIBIT H SHPD APPROVAL - INTERIM MITIGATION PLAN APRIL 18, 2017 SUZANNE D.CASE O F H:-'?� CHAIRPERSON DAVID Y.ICE E.-^".'•"'t.41y�� BOARD OF LAND AND NATURAL RESOURCES P+tea 19 S 8 COMMISSION ON WATER RESOURCE MANAGEMENT GOVERNOR OF HAWAII 149. 9 r ri" e`•''•:'_:r;<:. KEKOA KALUNIWA ti FIRST DEPUTY ��,,,,��{{ ,. ti'.`��}p�eE '��s�9_r JEFFREY T.PETERSON r(�P*'-and ;1'. 1�^l t 1 DEPUTY DIRECTOR-WATER •, �fe �1.i `Q,.' AQUATIC RESOURCES ���/ z� ..•�cT BOATING AAND QUATIC RAN RECREATION '•""4,7 6 { �`'• •••-'�.'�-'M^'✓r BUREAU OF CONVEYANCES �tc �" COMMISSION SY TIONWATER RESOURCE LANDS MANAGEMENT 4d N . CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT STATE OF HAWAIIENGINEERING k n FORESTRY AND WILDLIFE State Of DEPARTMENT OF LAND AND NATURAL RESOURCES HST ISLAND ION Dk, I:AHOOLAWE L COMMISSION AND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 April 18,2017 IN REPLY REFER TO: Michael Yee,Planning Director LOG NO:2017.00116 County of Hawaii DOC NO: 1704SN03 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Dear Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Grading and Stockpiling Permits for Wailani Phase I Waiakea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-3-037:001 and(3)2-3-044:019 Thank you for the opportunity to review the grading and stockpiling permit applications that were received the SHPD Hilo office on January 23,2017.We apologize for the delay and appreciate your patience.Per the submittal,a 36-acre portion of the 170.5-acre parcel will be graded to facilitate the development of the Wailani Project District which includes single family residences, townhouses, large lots, commercial parcels, and some open space and a medical park. Our records indicate that an archaeological inventory survey has been conducted and approved by the SHPD(April 3,2017;Log No.2017.00384,Doc.No. 1703SN11)The AIS consisted of a 100%pedestrian survey and subsurface testing with excavation of 20 shovel test probes (0.3 m. by 0.3 m.) and 1 test unit (1 m. by 1 m.). The AIS documented one previously identified historic property (Site 50-10-35-14947) and four newly identified historic properties (Sites 50-10-35-30291, 50-10-35-30292, 50-10-35-30293, and 50-10-35-30294). Site 50-10-35-14947. consists of remnants of the Hilo Boarding School and Old Mission ditch and rock boundary wall. Sites 50-10-35- 30291, 30292, and 30293 are historic sugarcane agricultural sites comprised of field areas with associated walls and clearing mounds. Site 50-10-35-30294 is a traditional Hawaiian cultural site identified as the Pu`u Honu cinder cone.The shovel probes and test unit excavations did not encounter any subsurface cultural deposits or materials. Pursuant to Hawaii Administrative Rules (HAR) §13-284-6, the report assessed Sites 14947, and Sites 30291 through 30293 as significant under Criteria a and d, and Site 30294 was assessed significant under Criteria d and e. The project effect determination is"Effect,with agreed upon mitigation commitments." Sites 14947 and 30294 will be preserved, and no further work is required for Sites 30291, 30292, and 30293. SHPD concurred with the significance assessments,effect determination, and the mitigation recommendations. As stipulated in HAR§13-284-7(e),when the SHPD concurs that the project will have an"Effect,with agreed upon mitigation commitments", then detailed mitigation plans shall be developed for SHPD review and acceptance. Pursuant to HAR §13-284-8(a)(1)C), the agreed-upon mitigation measures for the proposed project are archaeological preservation for Sites 14947 and 30294. Pursuant to HAR §13-284-8, SHPD looks forward to receiving an archaeological preservation plan for Sites 14947 and 30294 that meets the requirements of HAR §13- 277. Michael Yee _ April 18,2017 Page 2 In consultation with the landowner and the consulting archaeologist,the SHPD received a map for the current permit applications delineating the area of the proposed activities and its proximity to the preservation sites on the property. The current work-will not impact the preservation sites. The issuance of the permits for grading and stockpiling,activities may proceed. The SHPD'looks forward to receiving verification of the implementation of the interim protection measures prior to initiation of project work. These measures consist of the placement of flagging tape along the perimeter of Site 30294 at the outside edge of the 30-ft.buffer area. Attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, sand deposits, or sink holes are identified during the demolition and/or construction work,cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Please contact Sean Naleimaile at (808) 933-7651 or at Sean.P.Naleimaile@hawaii.gov for any questions or concerns regarding this letter. Aloha, 3RLQio Susan A.Lebo,PhD Archaeology Branch Chief cc. Frank DeMarco(public worksna,hawaiicounty.gov) Glenn Escott(ggescott4vahoo.com) Bruce Meyers(bmeyers@okahara.com) Wendy Matsuura(wmatsuura@petermatsuuramd.com) Stephen Matsuura(1uanne@islandwidefencing,.com) EXHIBIT I SHPD APPROVAL - PRESERVATION PLAN MAY 31 , 2018 • SUZANNE D.CASE DAVID V.IGE •�'<j.^•^-��'�� ct;nct�sO:: GOVERNOR OF E[A`:VA1! BBOARD O:a\9 AND NATURAL RESOURCES 'Y y�r_�S S 9 B•�i3 COV\SSION ON S\\TR RESOURCE'.LUAG._MRE f ERT IC MASUDA e ROB > l:4 Fan DM/TY yin%acd/Y —'anti 0,1 awJEFFREY T-PEARSON DP.UN DIRECTOR-WAWA — d .. c AQUATIC SS a 11 PIAE CEAV RE-CREATION aLREAO OF CONVEYANCES -- CO\'VJOMBER. ATION R�SOLSTA E2✓.E\T CO\5�--1VA:?O�AAD LANDSCOASiAL STATE OF HAWAII CONSERVATION ANT)RESOURCES ENTORCE\4_''.T DEPARTMENT OF LAND AND NATURAL RESOURCESFakEs ar AND R'aDL.rr< O,.WN*4i� + EBSTORIC PRESERVATION ISL ND RES!AVE CONDASSION STATE HISTORIC PRESERVATION DIVISION • SIAL 9zs KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 May 31,2018 IN REPLY REFER TO: Dr.Peter and Wendy Matsuura Log No. 2018.01043 Wailani Development nt LLC. Doc.No. 1805SN02 670 Ponahawai St., Suite 214 Archaeology Hilo,HI 96720 Email:wmatsuurana.petermatsuuramd.com Michael Yee,Planning Director County of Hawaii 101 Pauahi Street,Suite 3 • Hilo,HI 96720 Email:planninsZhawaiicountv.aov Dear Dr.and Mrs.Matsuura and Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Grubbing Permit for Wailani Development LLC A rchaeological Preservation Plan for the 163_Acre Wailani Project Punahoa 1 &2 and Ponahawai Ahupua`a,South Hilo District,Hawaii Island TMK: (3)2-3-044:019 This letter provides the State Historic Preservation Division's review of the grubbing permit application for Wailani Development LLC and the draft archaeological plan titled Archaeological Preservation Plan for the 163-Acre Wailani Project TIv1K: (3) 2-3-044:019 Punahoa 1 & 2 and Ponahawai Ahupua'a, South Hilo District, Island of Hawai`i(Escott,April 2017). SHAD received the permit application on May 1,2018 (Log No. 2018.01043)and the draft preservation plan on April 11,2017(Log No.2017.00697). Sl-IPD requested revisions to the plan via email on May 9,2018(Sean Naleimaile [SI 'D]to Glenn Escott[Scientific Consultant Services,Inc.(SCS)] and received the revised draftviaemail on May 15,2018(Glenn Escott[SCSI to Sean Naleimaile[SI-LPD1). The project area totals approximately 163 acres and is part of the larger 171-acre Wailani Project area. It is located southwest of Hilo Bay and is bounded by Komohana Street to the east, Mohouli Street Extension to the west, and residential neighborhoods to the north and south. The Wailani Project plans to develop the area with single family residences,townhouses,large lots,commercial parcels,some open space and a medical park. SCS completed an archaeological inventory survey (AiS) for the proposed development project at the request of Peter and Wendy Matsuura, representatives of the landowner, Wailani Development LLC. In consultation with the SHPD,the AiS (Escort 2015)was conducted in support of the proposed Wailani Project.The AiS documented one previously identified historic property (Site 50-10-35-14947) and four newly identified historic properties(Sites 50- 10-35-30291, 50-10-35-30292, 50-10-35-30293, and 50-10-35-30294). Site 14947 consists of remnants of the Hilo Boarding School and Old Mission ditch and rock boundary wall. Sites 30291, 30292, and 30293 are historic sugarcane agricultural sites comprised of field areas with associated walls and clearing mounds. Site 30294 is a traditional Hawaiian cultural site identified as the Pu'u Honu cinder cone. Pursuant to Hawaii Administrative Rules (HA2) §13-284-6,the report assessed Site 14947 and Sites 30291-30293 as significant under Criteria a and d,and Site 30294 as significant under Criteria d and e.The AIS provided a project Dr.and Mrs.Peter Matsutu,,.._Ad Michael Yee _ May 31,2018 Page 2 effect determination of "Effect, with agreed upon mitigation commitments". Sites 14947 and 30294 will be preserved, and no further work is required for Sites 30291, 30292, and 30293. In a letter dated April 3, 2017 (Log No.2017.00612,Doc.No. 1703SN11),the SHPD concurred with the significance assessments,effect determination, and the mitigation recommendations. As stipulated in HAR §13-284-7(e),when the SI-LPD concurs that the project will have an"Effect, with agreed upon mitigation commitments",then detailed mitigation plans shall be developed for SHPD review And acceptance.Pursuant to HAR§13-284-8(a)(1) c),the agreed-upon mitigation measure for the proposed project are archaeological preservation for Sites 14947 and 30294. The preservation plan indicates potential breaches and buffer zones: At Site 14947, consultation with SHPD will occur prior to any potential breaches to the rock wall to facilitate vehicular access to the parcel. A 30-foot-wide (6-meter-wide) preservation buffer will be established at the outside perimeter on either side of the rock wall__ At Site 30294,a 30-foot-wide(6-meter-wide)buffer will be defined at the base of the Pilau Honu site encompassing a 140-meter-diameter area around the base of the site. Native plants will mark the exterior boundary of the permanent preservation buffer_No heavy equipment will be allowed within the site's buffer area and only hand tools will be permitted within the permanent preservation buffer. The preservation plan also stipulates the following: • Preservation at both Sites 14947 and 30294 will be in the form of avoidance and conservation with a minimal interpretation component; • will be responsible for maintenance or vegetation clearing measures at both sites; The propertyowner P • Permanent interpretive signage will be installed along points closest to the two sites. The landowner will consult with the S}-IPD on content and location for the interpretive signage;and • The metes and bounds locations of each site and their respective preservation buffer areas, along with this preservation plan,will be recorded with the Bureau of Conveyances. This preservation plan for Sites 14947 and 30294 meets the minimum requirements of HAR§13-277.It is accepted. Please send two hardcopies of the document, clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office,attention SHPD Library. SHPD hereby notifies the County that the permit issuance process may continue. SHPD looks forward to receiving verification of implementation of interim protection measures prior to project initiation.. Please contact Sean Naleimaile at (808) 933-7653 or at Sean.P.Naleimaileahawaii.aov for questions regarding g archaeolo5 ical resources or this letter. Aloha, SIA.7- 10..4...-‘ Susan A.Lebo,PhD Archaeology Branch Chief cc. Glenn Escott,SCS, aaescott@vahoo.com • EXHIBIT J WINDWARD PLANNING COMMISSION'S LETTER RECOMMENDING APPROVAL OF THE WAILANI PROJECT DISTRICT APRIL 10, 2010 • ` _. Y OF h� ��JN IJ�•' . trf pF•HF,�' County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center •'101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 April 21, 2010 • The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 10-000117) Request: Project District(University Terrace) to Project District (Wailani) Repeal of Change of Zone Ordinance No. 04 144 Applicant: Wailani Development, LLC Tax Map Key: 2-3-44:19; 2-3-49:53; 2-3-37:01 The Windward Planning Commission, after a duly held public hearing on.April 1, 2010, voted to recommend for your approval the proposed legislative bills for(1) a Change of Zone from a Project District referred to as University Terrace to a Project District referred to as Wailani for approximately 171.5 acres of land and; (2) the repeal of Change of Zone Ordinance No. 04 144, which approved Project District (University Terrace), subject to the adoption of the Change of Zone for Project District (Wailani). The property is located along the mauka side of Komohana Street and bordered by Mohouli Street extension to the southwest,Ponahawai, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the Change of Zone: The applicant requests a Change of Zone from Project District (University Terrace)to Project District (Wailani) for approximately 171.504 acres of land. The project,referred to as "Wailani",proposes a mixed-use community to include a 180,000 sq ft medical office campus, 200,000 sq ft of commercial space, a 100,000 sq ft business park,up to 333 senior housing units, up to 90 multiple-family residential units, up to 95 single-family residential lots, approximately 6.9 acres of active recreational open space, Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Paget approximately 19 acres of passive open space including walking and bicycling paths and the Pu`u Honu cinder cone, and supporting infrastructure. The development would be constructed in three phases over a 15 year period. To serve the development the applicant proposes to develop an extension of Ponahawai Street from its intersection with Komohana Street through the project site to the Mohouli Street Extension, two loop roads to serve the senior housing and medical office campus, and a cul-de-sac from the Mohouli Street Extension to serve the multiple-family residential and large lot single-family residential uses south of the Alenaio Stream drainage channel. Theapplicant also requests to repeal Ordinance No. 04 144 which approved the Project District (University Terrace) subject to adoption of a change of zone ordinance for the Project District referred to as Wailani. The Project District(PD) is intended to provide for a flexible and creative planning approach rather than specific land use designations. It will also allow for flexibility over time in the location of specific uses and mixes of structural alternatives. The planning approach would establish continuity in land uses and designs while providing for a comprehensive network of infrastructure facilities and systems. A variety of uses as well as open space,parks, and other project uses are intended to be in accord with each individual Project District objective. A Project District is an amendment to Chapter 25, Zoning Code, which changes the district boundaries in accordance with the individual Proj ect District. A Project District may be established whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for an area should be adopted. In addition, a Project District may only be established if the proposed district: (1) Is consistent with the intent and purpose of the Chapter 25 (Zoning Code), Hawaii County Code and the County General Plan; and (2) Will not result in a substantial adverse impact upon the surrounding area, community or region. The Change of Zone request from Project District(University Terrace) to Project District(Wailani) is consistent with the intent and purpose of the General Plan and the Zoning Code. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the subject properties is Medium Density Urban. The Medium Density Urban The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 designation allows for village and neighborhood commercial, single-family and multiple- family residential uses (up to 35 units per acre) and related functions. The purpose of the requested change of zone to a Project District is to provide a mix of land uses ranging from single-family and multiple-family residential units, a medical office campus, a commercial center, a business park, and open space and recreational areas. Some of the land uses the applicant originally proposed for the business park, such as warehousing, manufacturing, and light-industrial, are not consistent with the General Plan LUPAG designation. These uses would be more appropriate in areas designated High Density Urban and Industrial in the General Plan. In Hilo,the High Density Urban and Industrial designated areas are located near the airport, along Kanoelehua Avenue, and near the town core makai of Kapi`olani Street between the Wailuku River and Kawili Street. A condition of approval will limit the permitted uses in the Project District to only those that are consistent with the Medium Density Urban designation of the LUPAG Map. According to the applicant,the development will include a mix of uses, ,including residential uses of varying densities and structure types and medical and commercial areas in proximity to the residents. Design concepts intended to promote a more livable and pedestrian friendly community will also be incorporated into the development. is a medical One of the primarycomponents of the proposed development P P P office campus to address the primary health care needs of the area's residents. In the Public Facilities Element of the General Plan, primary healthcare is defined as diagnosis,treatment andprevention services and includes general non-bed related medical care in a doctor's office or outpatient clinic, emergency medical care, diagnostic radiology and clinical laboratory services, and continuing care of the chronically ill and those requiring rehabilitation. The plan recognizes that as the number of elderly increases,there will be a greater need for assisted living,skilled nursing, and intermediate care facilities. The proposed development supports this element as itwill provide new medical facilities for primary healthcare in close • proximity to the Hilo Medical Center and adjacent medical facilities. This proposed development is consistent with the Economic Element of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area as well as the entire island. The employment opportunities from the proposed development as a result of this zoning request will generate both short-term(construction) and long-term (operational) employment. The proposed project would provide opportunities to increase the activity of secondary industries,thereby increasing job opportunities for the island's residents. Further,the magnitude of this project will directly benefit the residents of this County as �- c The Honorable J Yoshiroto, Chairman and Members of the County Council • Page 4 the real property tax base will substantially increase. It will provide residents with opportunities to improve their quality of life. The Land Use element of the General Plan also states that urban-type uses shall be developed in areas adequately served by essential services and other infrastructure. These services and infrastructure are vitally important to areas being developed for urban uses. Essential services and infrastructure, which include electricity, sewer, water, and roads, are or can be made available to the site. From the comments received from agencies, various improvements would be required for the development of this project. Therefore, conditions will be included to assure that these services and infrastructure are provided in a timely manner to accommodate the uses proposed in this Project District. With the requirement that the applicant provide these essential services and infrastructure, the granting of this change of zone would not unreasonably burden the public agencies to provide roads and streets, sewer, water, drainage improvements and police and fire protection to accommodate the development of this project. • The Zoning Code is one of the tools used to implement the General Plan and is one of the County's primary land use control mechanisms. The Zoning Code sets out the various types of uses allowed by providing for certain zoning districts. In this particular case, the applicant proposes to establish a Project District to provide flexibility in the location of land uses without identifying where these uses would be specifically located on the property at this early stage of development. A minimum of 50 acres is required to establish a Project District. The request meets this criterion as the subject properties are approximately 172 acres in size. The Zoning Code also allows any uses permitted either 'directly or conditionally in the RS, RD, RM, RCX, CN, CG, CV, or V zoning districts to be permitted in a Project District. With the exception of some of the warehousing and light-industrial uses that the applicant is proposing for the business park, all other proposed uses are consistent with the uses permitted in a Project District. For example, the proposed single-family, multiple-family residential and senior housing uses are considered permitted uses in the RS, and RM districts. Additionally, old age, convalescent, nursing,rest homes and other similar uses are permitted in the CV district. The CV district also allows medical and research laboratories as a permitted use. Medical clinics, offices, restaurants, and other commercial retail uses are permitted in the CN and CV districts. A condition of approval has been included to limit any uses within the Project District to only those uses permitted within the RS,RM, CN and CV districts. Land uses permitted in the RD, RCX, CG and V districts would not be allowed in this Project District. The applicant did not propose uses found in the RD,RCX or V district and land uses permitted in the CG district would not be consistent with the General Plan LUPAG designation and are not appropriate for this location in Hilo. According to the The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 Zoning Code, the purpose of the CG district is to provide for commercial uses ands services on a broad basis to serve as the central shopping or principal downtown area for ' a city of region. Additionally, no CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. Various conditions of approval have been added to ensure the development complies with other sections of the Zoning Code related to landscaping, off-street parking and loading,building density, minimum yards and setbacks and building height limits. By limiting the Project District to those land uses permitted only in the RS, RM, CN and CV districts, the request is consistent with the General Plan and Zoning Code. The request for a Project District will not result in a substantial adverse impact upon the surrounding area, community or region. The property is located within well-established residential areas that are zoned for single-family residential use. In close proximity to the property are lands zoned,and/or developed for commercial uses, such as the medical facilities located immediately makai of Komohana Street. The applicant's objective is to develop a mixed-use project while still protecting the important cultural and environmental resources of the area. The applicant has recognized the benefits of planning and designing a project in a manner that is sensitive to the natural features and unique heritage of the land. The overall design theme provides generous open space with active and passive type recreational uses. This open space area will consist of approximately 26 acres that will include the Alenaio Stream drainageway. The project proposal is to improve the banks of the drainageway for use as a linear park with the provision of bicycle and pedestrian pathways. The development would have the potential to adversely affect surrounding properties which are mostly residential in character,if mitigation measures were not required. However, several conditions of approval will mitigate adverse impacts of the project related to noise, air quality(dust) and drainage. For example, since this particular area has experienced major flooding in the past the Planning Department believes it is reasonable and prudent to prevent the construction of residential structures and other substantial buildings within the floodways (FIRM Flood Zones "A" and"AE"). Additionally, the applicant will prepare a drainage study and construct necessary improvements in order to contain all development-generated runoff on-site. The applicant is required to comply with various State Department of Health standards by controlling dust during construction and reducing the effect of construction equipment The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 noise. Additionally, the Planning Department's landscaping requirements will further minimize the effect of lighting, noise, odors and dust by providing buffers along;the project site perimeter, as required. • The Project District will be provided with all essential utilities and services. The applicant is required to enter into a Water Development Agreement with the County Water Board in order to provide water to the site for the proposed development. The agreement will identify source, transmission, storage and booster pump facilities that the applicant may be required to construct. Similarly, the applicant is required to provide a sewer study and any facilities required by the Department of Environmental Management to connect the development to the County sewer system.. Electrical and telephone services can be made available to the project site. Many public services, such as parks, schools, police and fire are available and adequate to serve the project site. The primary access will be from the planned Ponahawai Street extension. Therefore, it should be pointed out that the basis for supporting this request is that approval of this Project District would facilitate the completion of the Ponahawai Street extension; thus, improving the negative traffic implications if the project were granted without the condition to construct the roadway in its entirety. A condition of approval is included that would require the Ponahawai Street extension to be constructed from Komohana Street to Mohouli Street within 10 years of the effective date of the ordinance approving the request. In addition to constructing the Ponahawai Street extension, a condition of approval will require the applicant provide further traffic impact analysis reports and construct any improvements required by the Depailinent of Public Works as the project is developed. In addition to construction of the Ponahawai Street extension, this will provide further traffic mitigation for the project's impacts on the surrounding area, community and region. The applicantis proposing to connect to the existing streets to the north of the site for emergency vehicle access only. These narrow streets dead-end at the project site and are located within established single-family residential neighborhoods. According to the applicant, these residents have expressed concern with opening these streets to through traffic for non-emergency vehicle access. Therefore, a condition of approval will require that these streets be used for only emergency-vehicle access. In addition, the Planning Department will review an overall master plan and site plans for each phase of development to ensure the following: The Honorable J Yoshimoto, Chairman and Members of the County Council Page 7 • Adequate light and air, proper siting and arrangements of all structures and improvements area provided; • Existing and prospective traffic movements will not be hindered; • Proper landscaping is provided that is commensurate with the development or use and its surroundings; • Unsightly area are properly screened or eliminated; • Adequate off-street.parking is provided to serve the development or use; • Access to the parking areas will not cerate potential accident hazards; and • Within reasonable limits, any natural and man-made features of community value are preserved. As stated above,potential impacts associated with this project development, such as traffic, drainage and other design concerns, will be mitigated through conditions of approval. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, sewer, water, drainage, school improvements,police and fire protection, and other essential services. The proposed Project District zone change would allow for uses that complement the surrounding residential and commercial uses of this section of the City of Hilo. 'In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0 Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: The applicant presented the following information from which the Planning Commission and County Council can determine the valued cultural,historical, and natural resources within the area sought for rezoning: • Archaeological Inventory Survey, TMK: 2-3-49:53 and 2-3-37:01,Haun & Associates, January 2010. • Archaeological Inventory Survey Komohana Golf Course,Lands of Ponahawai and Punahoa 1-2, South Hilo District, Island of Hawaii, by Paul H. Rosendahl, Ph.D.,Inc. (1991) • Letter Report of Archaeological Field Inspection for TMK: 2-3-37:01 by Haun &Associates,December 12, 2002 C The Honorable J Yoshimoto, Chairman and Members of the County Council Page 8 • He Wahi Moolelo no Ponahawai a me Punahoa ma Hilo, A Collection of Traditions and Historical Accounts for Ponahawai and Punahoa, District of Hilo, Island of Hawai`i by Kumu Pono Associates,May 2003 • Botanical Survey and Preliminary Investigation of Potential Wetlands at Ponahawai; TMK: 2-3-44:19 and 53, Geometrician Associates, LLC. 2003 • A Survey of Avian and Terrestrial Mammalian Species of the Ponahawai Mixed Use Planned Community Site, South Hilo District, Hawai`i, Rana Productions Ltd. June 2003. The valuable cultural,historical, and natural resources found in the rezoning area: The archaeological survey conducted by Paul H. Rosendahl, PhD. in 1991 revealed two sites; Site 14946 and Site 14947. SIHP Site 14946 was assessed as significant solely for information content and required no further work or preservation. SIHP Site 14947 is a ditch system (`auwai)with one primary channel that remains partially intact. The primary channel is the Hilo Boarding School and Old Mission Ditch. The ditch is early historic and probably also prehistoric. The site was assessed as significant for information value, as an excellent example of a site type and culturally valuable. The report recommended further data collection followed by preservation with some level of interpretative development of a representative sample of the site. The report states that further data collection should more accurately characterize feature dimensions, construction techniques, and possible associated artifacts and features. Additionally, in a letter dated February 23, 2010, the Department of Land and Natural Resources (DLNR) State Historic Preservation Division(SHIM) expressed concern that the 1991 survey for TMK 2-3-44:19 did not adequately survey and document the entire property and contains insufficient information regarding the condition and disposition of SIHP Site 14947. The DLNR also requested additional information regarding the status of Pu`u Honu as a traditional cultural property and further review of the size and intended uses of the proposed open space area at the pu'u. An approved mitigation plan for SIHP Site 14947, and approved preservation plan for this site, Pu`u Honu and any other identified sites are recommended by the DLNR prior to earthmoving activities on TMK 2-3-44:19. The recommendations by DLNR-SHPD will be incorporated as conditions of the Project District. No archeological sites or features were found on TMK 2-3-49:53. Two historic site complexes (SIHP 24022 and 24023)with 23 features associated with historic era sugar cane fanning were identified on TMK 2-3-37:01. The survey recommended no further work or preservation for these sites. • The Honorable J Yoshimoto, Chairman and Members of the County Council Page9 A cultural historical study was done by Kumu Pono Associates in May 2003. There is an existing hill on the lower portion of the property referred to as Pu`u Honu. Since this prominent feature is part of the Hala`i Hill Complex, the development of the project shall avoid the destruction of this hill. No rare, threatened or endangered plant or animal species were present on the property. Possible adverse effect or impairment of valued resources: Since no rare, threatened or endangered plants or animal species were found on the property, there will be no adverse effect on the existing flora or fauna in the area. If the applicant follows the recommendations of the DLNR-SHPD,there should be minimal impact to archaeological and historic resources. Feasible actions to protect native Hawaiian rights: Conditions of approval will protect any significant archaeological sites found on the property during the course of development. Further, the applicant will also be required to preserve the existing Pu`u Honu on the property because of its cultural significance of being a vitalpart of the Hala`i Hill Complex. 1 For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted.. The Commission also voted to recommend the approval of the request to repeal Change of Zone Ordinance No. 04 144 subject to the adoption of the Change of Zone for Project District (Wailani). Therefore, a proposed bill repealing Ordinance No. 04 144 is also enclosed for your favorable consideration. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 10 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Lwailanirez l 0-000117 W WPC2 Enclosures cc: Mr. Sidney Fuke , Ms. Wendy Matsuura Department of Public Works Department of Water Supply Department of Land&Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel • COUNTY OF HAWAII STATE OF HAWAII BILL NO. 248 Draft 6 ORDINANCE NO. 04 144 AN ORDINANCE AMENDIN SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL I-ACRE (A-I a), NEIGHBORHOOD COMMERCIAL—40,000 SQUARE FOOT (CN-40), SINGLE-FAMILY RESIDENTIAL — 7,500 SQUARE FOOT AND 10,000 SQUARE FOOT(RS-7.5 AND RS-10) AND OPEN (0) TO PROJECT DISTRICT AT.SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-44:19, 2-3-49:53 AND 2-3-37:1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following areas situated at South Hilo, Hawai shall be Project District: LOT A: Beginning at the South corner of this parcel of land on the northeast side of Mohouli Street Extension, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 3550.79 feet south and 3067.04 feet west and running by azimuths measured clockwise from true south: 1. 119° 41' 180.00 feet along Mohouli Street Extension; 2. 29° 41' 30.00 feet along Mohouli Street Extension; 3. 119° 41' 170.00 feet along Mohouli Street Extension; 4. 29°• 41' 5.00 feet along Mohouli Street Extension: 5. 119° 41' 250.00 feet along Mohouli Street Extension; Planning Dept. Exhibit 2„ r-. 6. 29° 41' 5.00 feet along Mohouli Street Extension; 7. 119° 41' 540.00 feet along Mohouli Street Extension; . 8. 209° 41' 210.35 feet along Lots 75 to 78, inclusive of Kaumana Gardens Subdivision Unit 2, File Plan 935; 9. 254° 30' 368.44 feet along Lots 56-A, 56-B, and 3 of Crescent City Heights Subdivision; 10. 324° 40' 50.00 feet along Liko Lehua Street; 11. 54° 40' 101.37 feet along Lot 58; 12. 324° 40' 363.00 feet along Lot 58; 13. 234° 40' 518.55 feet along Lots 58, 57, D, and C; 14. 144° 40' 262.53 feet along Lots C, B, and A; 5. 254° 30' 981.48 feet along Lots 35 to 47, inclusive and Lot 50 of Crescent City Heights Subdivision; 16. 136° 15' 200.00 feet along Lots 50 and 49 of Crescent City Heights Subdivision; 17. 226° 15' 50.00 feet along Wiliwili Street; 8. 136° 15' 5.98 feet along Wiliwili Street; 19. 226° , 15' 325.00 feet along Roadway Lot and Lot 4; 20. 136° 15' 371.76 feet along Lots 4, Lot 60-E, Lot 59-E; 21. 236° 50' 289.92 feet along Lots 14, 15, 16, and 17; 22. 316° 15' 65.70 feet along Omao Street; 23. 226° 15' 50.00 feet along Omao Street; 24. 243°, 20' 146.46 feet along Lot 26; 2 c-, 25. 136° 15' 525.97 feet along Lots 26, 25, 23, 21, and 19; 26. 243° 20' 1324.47 feet along Lot 17, Hualilili Street, Lots 18 and 20, Malanai Street, Lots 16 and 18, Spring Street, Lots 15 and 16, Hoomana Street and Lot 16; 27. 304° 00' 270.00 - feet along the remainder of Grant 252 to Benjamin Pitman; 28. 227° 00' 210.00 feet along the remainder of Grant 252 to Benjamin Pitman; 29. 317° 00' 210.00 . feet along the remainder of Grant 252 to Benjamin Pitman; 30: 227° 00' 120.00 feet along the remainder of Grant 252 to Benjamin Pitman; 31. 199° 02' 170.15 feet along the remainder of Grant 252 to Benjamin Pitman; Thence along Komohana Street on a curve to the right with a radius of 1960.00 feet, the chord azimuth and distance being: 32. 338° 45' 59" 334.85 feet; 33. 73° 40' 10.00 feet along Komohana Street; Thence along Komohana Street on a curve to the right with a radius of 1950.00 feet, the chord azimuth and distance being: 34. 344° 40' 68.06 feet; 35. 345° 40' 443.23 feet along Komohana Street; , Thence along Lot B on a curve to the left with a radius of 32.00 feet, the chord azimuth and distance being: 36. 120° 40' 45.25 feet; 37. 75° 40' 285.75 feet along Lot B; 38. 345° 40' 668.26 feet along 7 the remainder of Lot B; 3 39. 255° 40' 334.33 feet along Lot B; Thence along Komohana Street on a curve to the left with a radius of 3040.00 feet, the chord azimuth and distance being: 40. 340° 26' 50" 153.56 feet; 41. 69° 00' 5.00 feet along Komohana Street; Thence along Komohana Street on a curve to the left with a radius of 3045.00,,the chord azimuth and distance being: 42. 337° 54' 45" 115.58 feet; 43. 64° 20' 2302.53 feet along the remainder of Grant 252 to Benjamin Pitman; 44. 30° .00' 70.00 feet along the remainder of Grant 252 to Benjamin Pitman; 45. 156° 00' 500.00 feet along the remainder of Grant 252 to Benjamin Pitman; 46. 66° .00' 400.00 feet along the remainder of Grant 252 to Benjamin Pitman; 47. 336° 00' 450.00 feet along the remainder of Grant 252 to.Benjamin Pitman; 48. 66° 00' 700.00 feet along the remainder of Grant 252 to Benjamin Pitman to the point of beginning and containing an area of 112.129 Acres. LOT B: Beginning at the north corner of this parcel of land, also being the east corner of Lot 57 on the south side of Liko Lehua Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 2769.81 feet south and 3573.93 feet west and running by azimuths measured clockwise from true south: •4 1. 324° 40' 363.00 feet along Lot 57; 2. 54° 40' 120.00 feet along the remainder of Grant 252 to Benjamin Pitman; 3. 144° 40' 363.00 feet along the remainder of Grant 252 to Benjamin Pitman; 4. 234° 40' 120.00 feet along the remainder of Grant 252 to Benjamin Pitman and along Liko Lehua Street to the point of beginning and containing an area of 1.000 Acre. LOT C: Beginning at the west corner of this parcel of land on the northeast side of, Mohouli Street Extension, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3550.79 feet south and 3067.04 feet west and running by azimuths measured clockwise from true south: 1. 246° 00' 700.00 feet along the remainder of Grant 252 • • to Benjamin Pitman; 2. 156 00' 450.00 feet along the remainder of Grant 252. to Benjamin Pitman; 3. 246° 00' 400.00 feet along the remainder of Grant 252 to Benjamin Pitman; 4. 336° 00' 500.00 feet along the remainder of Grant 252 to Benjamin Pitman; 5. 210° 00' 70.00 feet along the remainder of Grant 252 • to Benjamin Pitman: • 6. 244° 20' 2302.53 feet along the remainder of Grant 252 to Benjamin Pitman; • • Thence along Komohana Street on a curve to the left with a radius of 3,045.00 feet, the chord azimuth and distance being: 7. 335° 46' 41" 1 1 1.27 feet; 5 8. 83° 10' 67.64 feet along Lot 12•ofSunrise Ridge Subdivision Unit I-B, File Plan 1693; Thence tbllowing along the middle of Alenaio Stream along Lot 14 of Sunrise Ridge Subdivision Unit 1-B, File Plan 1693, the direct azimuth and distance being: 9. 44° 30' 155.00 feet; 10. 35° 17' 960.00 feet along Lots 15, 16, 20, and 21 of Sunrise Ridge Subdivision Unit I-B and Lots 27 and 20, inclusive of Sunrise Ridge Subdivision Unit 2-B, File Plan 1693; I. 59° 01 ' 27" 1633.86 feet along Government Land; 12. 65° 46' 26" 260.53 feet along Government Land; 13;. 119° 41 ' 199.44 feet along Mohouli Street Extension; 14. 209° 41' 25.00 feet along Mohouli Street Extension; 1.5. 119° 41 ' 750.00 • feet along Mohouli Street Extension to thc.point of beginning and containing an area of 45.287 Acres, LOT D: Beginning at the southeast corner of this parcel of land on the southwest side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1837.52 feet south and 21.68 feet west and running by azimuths measured clockwise from true south: 1. 75° 40' 334.33 feet along J the remainder of Grant 252 to Benjamin Pitman; 2. 165° 40' 668.26 feet along the remainder of Lot B; 3. 2.55° 40' 285.75 feet along the remainder of Grant 252 to Benjamin Pitman; 6 • Thence following along the remainder of Grant 252 to Benjamin Pitman on a curve to the right with a radius of 32.00 feet, the chord azimuth and distance being: 4. 300° 40' 45.25 feet; • 5. 345° 40' 12.24 feet along Komohana Street; 6. 255° 40' 10.00 feet along Komohana Street; , I 7. 345° 40' 73.40 feet along Komohana Street; 8. 54° 00' 11.48 feet along Komohana Street; 9. 10° 30' 18.00 feet,along Komohana Street; 10. 333° 00' 83.14 feet along Komohana Street; 11. 345° 40' 248.93 feet along Komohana Street; Thence along Komohana Street on a curve to the left with a radius of 3040.00 feet, the chord azimuth and distance being: 12. 343° 46' 50" 200.11 feet to the point of beginning and containing an area of 5.000 Acres. • LOT E: Beginning at the north corner of this parcel of land, also being the east corner of Lot 2 on the southwest side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA1" being 109.52 feet north and 797.67 feet west and running by azimuths measured clockwise from true south: 1. 320° 40' 42.10 feet along Komohana Street; 2. 50° 40' 10.00 feet along Komohana Street; 3. 320° 40' 146.28 feet along Komohana Street; 4. 50° 40' 5.00 feet along Komohana Street; • 7 Thence along Komohana Street on a curve to the right with.a radius of 1945.00 feet, the chord azimuth and distance being: 5. 322° 51' 30" 148.76 feet; 6. 235° 03' 10.00 feet along Komohana Street; Thence along Komohana Street on a curve to the right with a radius of 1955.00 feet. the chord azimuth and distance being: 7. 326° 50' 30" 122.25 feet; 8. 238° 38' 5.00 feet along Komohana Street; Thence along Komohana Street on a curve to the right with a radius of 1960.00 feet. the chord azimuth and distance being: 9. 331' 14' 59" 178.94 feet; - 10. • 19° 02' 170.15 feet along the remainder of Grant 252 to Benjamin Pitman; 11. 47° 00' 120.00 feet along the remainder of Grant 252 to Benjamin Pitman; 12. 137° 00' 210.00 feet along the remainder of Grant 252 to Benjamin Pitman; 13. 47° 00' 210.00 feet along the remainder of Grant 252 - to Benjamin Pitman; 14. 124° 00' 270.00 feet along the remainder of Grant 252 to Benjamin Pitman; 15. 153° 14' 30" 100.63 feet along Lot 16; 16. 136° 15' 120.00 feet along Lots 15 and 14; 17. 226° 15' 125.00 feet along Lot 17; 18. 136° 15' 60.00 feet along Lot 17; 19. 226° 1.5' 165.00 feet along Waipuna Place and Lot 10; 8 t l` J 20. 316° 15' 5.00 feet along Lot 11; 21. - 232° 49' • 135.25 feet along Lots 11 and 12; 22. 322° 49' 5.00 feet along Lot t; 23. 232° 49' 184.44 feet along Lots 1 and 2 to the point of beginning and containing an area of • 8.088 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: .(A) Protection of the public from the potentially deleterious effects of the proposed use, or • (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. This project area shall he called the University Terrace Project District. C. The University Terrace Project District shall consist of not more than 172 acres for single-family and multi-family residential, office and retail commercial, open space and recreational uses, and ancillary related improvements. 9 4 L , D. The maximum number of residential units allowed shall be 500 units, which includes a maximum of 150 multi-family residential units. • • 7 E. The maximum square footage of the commercial and office uses shall be 180,000 • square feet. No single commercial business may contain more than 45,000 square feet in gross floor arca. F. The minimum lot size for single-family residential units shall he 7,500 square feet. • G. • A minimum of 49 acres shall be used for open space and recreational uses. H. The uses disclosed in the application, as listed below, and those required as conditions to this Ordinance will he allowed in the University Terrace Project District. The provision of other uses not listed will require an amendment to this • Project District Ordinance. 1,. All uses allowed as a matter of right in the RS, RM and CN zoned districts. • 2. Open space and recreational uses, including hall fields, linear park, and pedestrian and bikeways. 3. Infrastructure improvements. • I. A detailed Master Plan of the Project District, which includes the location and number of residential lots and units, commercial uses, open space and recreational • - areas, pedestrian and bikeways, landscaping, parking, and other related 10 improvements on the property, shall be submitted to the Planning Director within one year from concurrence of a Drainage Master Plan cited in Condition BB, or prior to submission of plans for plan_approval or subdivision approval,whichever occurs first. Prior to any construction, a landscaped buffer shall he established and planted along the north boundary of the project where commercial or multi- family residential uses are proposed, which conforms to specifics determined through the landscaping master plan, in consultation with the neighboring residents and the applicant. Commercial uses and multi-family buildings shall he no closer than 200' from existing residential lots adjoining the Project District. A landscaping buffer shall he utilized between commercial buildings, multi-family units and single-family residential units. a. The commercial area shall be located as far away as possible from existing neighborhoods. The multi-family units shall be used as buffers or "block walls" around commercial areas to mitigate noise arid other negative ambient conditions that are associated with commercial activity. All the machinery, operational equipment for said commercial area and multi- family units and parking shall he located in the space between the two areas to further mitigate noise, odors, etc., for the surrounding development and existing neighborhoods. J. The applicant shall comply with the Department of Water Supply's rules and regulations that shall include entering into a water development agreement. The applicant shall also construct all water system improvements as required by the Department of Water Supply through its standards. These improvements may include but not be limited to additional source, transmission, storage and booster pump facilities. • 11 K. The applicant shall pay applicable water commitment deposits in accordance with the water commitment guideline policy to the Department of Water-Supply within ninety (90) days from the effective date of the project district ordinance. L. Construction of the proposed multi-family residential and commercial developments shall commence within five (5) years of the effective date of the Project District Ordinance. Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five (5) years of the effective date of the Project District Ordinance, and shall be completed within ten (10) years of the effective date of the Project District Ordinance, or before issuance of a Certificate of Occupancy for any structure within the Project District, or before Final Subdivision Approval for any residential subdivision within the Project District, whichever occurs first. Completion of construction may he assured by a sufficient surety bond, meeting with the approval of the Department of Public Works and Office of Corporation Counsel. Final Plan Approval shall be secured in accordance with the requirements of the Chapter 2.5 (Zoning Code), Hawaii County Code, prior to the commencement of construction of the stated uses. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls, and other improvements associated with the proposed uses. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). M. The following desigm standards shall apply: 1. An overall landscaping master plan for the project area shall he prepared and submitted to the Planning Director for review and approval prior to the 12 issuance of Final Plan Approval for any portion of the proposed • development. The goals of the landscaping master plan shall be to (1) visually filter parking areas from adjacent roadways and properties, (2) ensure that buildings are framed in settings that include trees, shade parking areas, and moderate the overall appearance of parking areas, (3) create a landscaped area long the Komohana Street and Mohouli Extension and roads adjoining the project area, and (4) visually filter the view of the project area from the Komohana Street, where topog-aphy provides extensive views into the project area from Hilo-bound motorists • on Mohouli Extension. To achieve these goals, the landscaping master plan, at a minimum shall ('1) require landscaping of all slopes from the Mohouli Extension,,the proposed Ponahawai Street Extension, and Komohana Street to the parking areas, (2) screen parking areas from the Mohouli Extension, and proposed Ponahawai Street Extension using hedges, berms. or other visual buffers, except where slopes create an effective visual barrier, and (3) make extensive use of trees. The standards of Planning Department Rule 17, at minimum, shall apply. 2. The height limit for structures within the project shall not exceed the following: a. Single-family Residential Development: thirty-five (35) feet. b. Multi-family Residential Development: thirty-five feet (two stories), provided approval is granted by the Planning Director as part of the approval of the site plan in accordance with Section 25- 6-46, Chapter 25 (Zoning Code), Hawaii County Code. II', 13 1 E c. Office and Retail Commercial Development: forty(40) feet, provided approval is wanted by the Planning Director as part of the. appro v/al of the site plan in accordance with Section 25-6-46, Chapter 25 (Zoning Code), Hawaii County Code. 3. The minimum yards (setback) shall be as follows: • a. Single-family Residential Development: (I) On a building site with an area of 7,500 square feet to and including 9,999 square feet: (a) Front and rearyards: 15 and feet; (b) Side yards: 8 feet for a one-story building, I 0 feet for a two-story building. (2) On a building site with an area of 10,000 square feet to and including 19,999 square feet: (a) Front and rear yards: 20 feet; and (h) Side yards: 10 feet. (3) On a building site with an area of 20,000 square feet or more: (a) Front and rear yards: 25 feet; and (h) Side yards: 15 feet. 14 h. Multi-family Residential Development: (1) - Front and rear yards: 20 feet; and (2) Side yards: 8 feet for a one-story building,1 0 feet for a two-story building. • c. Office and Retail Commercial Development: • • (1) Front and rear yards: 15 feet; and (2) Side yards: none, except where the side yard adjoins the side yard of'a building site used for purposes allowed in RS or RM zones, the yard setback appropriate for the RS or RM district shall be used. . . 4. The minimum off-street parking and loading space requirements of Chapter 25, Hawaii County Code shall be complied with. The American • Disabilities Act (ADA) requirements shall also be complied with. N. All project utility lines shall be underground. O. Sewer lines shall be installed within the development to connect with the Countys • sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. P. The extension of Ponahawai Street to Mohouli Street (referred to hereafter as the "Ponahawai Street extension") shall be a minimum right-of-way width of sixty • 15 (60) feet and built to County dedicable standards, including the provision of curbs, gutters, sidewalks, and bike paths and he built on an alignment meeting with the approval of the Department of Public Works. Upon its completion, the roadway shall he dedicated at no cost to the County. Q. The Ponahawai Street extension shall be the only roadway access allowed from Komohana Street or from Mohouli Street. The location and design of the roadway access with Komohana Street and Mohouli Street shall meet with the approval of the Department of Public Works. R. The following improvements (#1 through #6) shall be made by the applicant concurrently with the completion of the Ponahawai Street extension: 1. Provide separate left-turn, through, and right-turn lanes on makai hound Ponahawai Street extension at Komohana Street. • 2. Widen Komohana Street to provide exclusive left-turn and right-turn lanes to the Ponahawai Street extension in the northbound and southbound directions, respectively. 3. Modify the traffic signal system at the intersection of Ponahawai Street and Kornohana Street to include the Ponahawai Street extension. 4. Provide stop control on Ponahawai Street to Mohouli Street, with separate left-turn and right-turn lanes to Mohouli Street. 5. Widen Mohouli Street at Ponahawai Street to provide an exclusive left-turn lane and a median shelter lane in the makai bound direction. 16 6. Widen the mauka leg of Mohouli Street to provide a mauka bound auxiliary acceleration lane to mitigate the LOS "F" condition on right-turn movement from Ponahawai Street, during the PM peak hour with the proposed project. • The following improvements (#7 through #11) shall be made by the applicant, according to a schedule meeting with the approval of the Department of Public Works: 7. Widen the northwest bound approach of Mohouli Street to provide dual left-turn lanes to mauka bound Kaumana Drive. 8. Widen the mauka leg of Kaumana Drive to provide an auxiliary merging lane in the mauka bound direction. 9. Modify the traffic signal system to provide a protected left-turn phase on Mohouli Street. 10. Widen westbound Mohouli Street to provide dual left-turn lanes to southbound Komohana Street. l 1. Modify the traffic signal system to provide a protected left-turn phase on westbound Mohouli Street from Komohana Street, S. All accesses to the property shall meet with the approval of the Department of Public Works. No more than two vehicular accesses from existing streets in the • Kaumana area may he allowed or required by the Planning Director. in consultation with the Department'of Public Works, provided that such connection shall be thr emergency access only. A barricade shall be placed at the terminus of the existing streets and the newly constructed streets, such barriers shall he paid for by the applicant and approved by the Department of Public Works. 17 C. V T. No lots shall have direct access from either Komohana Street or Mohouli Street. Further, no single-family residential lots shall have direct access from the Ponahawai Street Extension and other proposed arterial streets. U. Unless otherwise specified by the Planning Director in consultation with the Department of Public Works, all streets within the project shall he constructed to dedicable standards, including the provision of curbs, gutters and sidewalks. V. Duct lines for future traffic signals shall be installed at the intersection of Ponahawai and Mohouli Streets meeting with the approval of the Department of Public Works. W. Streetlights and traffic control devices shall be installed as required by the Department of Public Works. X. A revised Traffic Impact Analysis Report (TIAR) certified by a licensed engineer shall he submitted prior to receipt of a Certificate of Occupancy or Final Subdivision Approval for the project, whichever occurs first. All additional mitigation measures called for in the revised TIAR shall he implemented. Y. Because of potential roadway noise, there shall be a minimum 70-toot setback from the Komohana Street right-of-way, and a 90-foot setback from the Mohouli Street right-of-way, for any residential structures. • Z. A minimum five-acre area, meeting with the approval of the Planning Director and the Department of Parks and Recreation, shall be developed as a passive neighborhood park prior to the issuance of a certificate of occupancy for any multi-family residential development, or the occupancy of any single-family 18 homes. The park shall include a restroom facility. The park may be dedicated to the County of Hawaii or retained in private ownership, but in either case, shall he made open to the general public. AA. To ensure that the Goals and Policies of the Housing Element of the General Plan arc implemented, the applicant shall comply with the requirements of Chapter 1 1, Article 1, Hawaii County Code, relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to issuance of a Certificate of Occupancy fhr the multi-family residential development or the occupancy of the first single-family dwelling, whichever occurs first. BB. All development-generated runoff shall be disposed of on-site and shall not he directed toward any adjacent properties. A Drainage Master Plan certified by a licensed engineer, shall be prepared and submitted to the Department of Public Works for concurrence prior to the submittal of the Project District Master Plan, prior to issuance of Final Plan Approval or Final Subdivision Approval, whichever occurs first. The Drainage Master Plan shall address the difference between the Corps of Engineers and FEMA mapping of the Alenaio Stream flood plain. The applicant shall pay for the hiring of an engineer by the County of Hawaii to independently evaluate the completed Drainage Plan. The applicant shall propose any changes to the FEMA Maps that are shown as warranted by the detailed Drainage Master Plan, unless a letter of map revision has already been approved. Drainage improvements shall be constructed, meeting with the • approval of the Department of Public Works. The applicant shall maintain the two major floodways free of debris and obstructions, including trees that could he uprooted and clog the culverts during storms. The subject property shall continue to accommodate existing drainage from the Crescent City Heights Subdivision, Omao Street Subdivision, Kaumana Gardens Subdivision and the Hilo Boarding School Ditch. 19 • CC. Any construction within the Federal Emergency Management Agency(FEMA) designated flood zones shall conform to Chapter 27, Flood Control, of the Hawaii County Code. DD. There shall he no construction of residential structures and related improvements or other substantial buildings, or subdivision roads (unless the roads are protected • from flooding in a manner meeting with the approval of the Department of Public Works) within areas designated Zone "AE" or "A" on the Flood Insurance Rate Map. Restrictive covenants in the deeds of all lots shall grive notice of the terms • of this rezoning condition. This restriction may be removed by amendment of this • Project District Ordinance by the County Council. A copy of the proposed covenant(s) to he recorded with the State of Hawaii Bureau of Conveyances shall he submitted to the Planning Director for review and approval prior to issuance of Final Subdivision Approval. A copy of the recorded document shall he filed with the Planning Department upon its receipt from the Bureau of Conveyances. No residential lots maybe created which lack a buildable area. As represented by the applicant, the main Alenaio Stream drainageway shall be kept as an open space area, except for drainage improvements which may be required pursuant to the • Drainage Plan, and park improvements, including bicycle and pedestrian paths. EE-. An Emergency Preparedness and Response Plan shall be submitted for review by • the Planning Department in consultation with the Fire Department, Police • Department, Department of Public Works and the Civil Defense Agency prior to the issuance of a Certificate of Occupancy for any residential unit. The plan shall be limited to a review of the emergency road network, emergency contact people or association, and use of the emergency evacuation shelter or shelters as required • • below. 20 FF. The applicant, in conjunction with the Civil Defense Agency, shall designate appropriate commercial units within the Project District for use as an emerwney evacuation shelter or shelters,which shall be operated in accordance with Civil Defense Agency policies and procedures. GG.. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. HH. The applicant shall contact the U.S. Department of Army Corps of Engineers to identify whether a Federal permit is required for any possible work involving the 'discharge of fill material into wetlands or Alenaio Stream. • 11. The applicant shall contact the State Department of Health as to whether a National Pollutant Discharge Elimination System (NPDES) general permit is required for this project. One or more siltation basins maybe incorporated into a water quality plan to prevent further degradation of the water quality of Hilo Bay or the Wailoa Estuary. These and other pollution prevention measures may he incorporated if deemed necessary by the State of Hawaii, Department of Health. 3.1. A Solid Waste Management Plan shall be prepared and submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. KK. An archaeological inventory survey of TMK: 2-2-37:1 shall he conducted and the findings submitted to the Department of Land and Natural Resources - State Historic Preservation Division (DLNR — SHPD) prior to any construction or land / disturbance activity on this eight-acre parcel. 21 •i r f \ V 11. An archaeological mitigation plan, which includes data recovery and preservation components, shall he prepared for the archaeological site identified as Site 14947 (portion of Hilo Boarding School and Old Mission Ditch). This plan shall he • approved by DLNR —SHPD and the Planning Director. The plan shall he • implemented prior to issuance of a wading or grubbing permit. MM. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal . deposits, human burials, rock or coral alignments, pavings or walls he encountered, work in the immediate area shall cease and the Department of Land and Natural Resources —State Historic Preservation Division (SHPD) shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance from the SHPD when it is thund that sufficient mitigation measures have been taken. NN. Pu`u Honu shall be preserved as a natural feature. • 00. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to final plan approval of that phase of the increment to he developed. 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 this ordinance, based on the percentage change in the Honolulu Consumer Price index (HCPJ). 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 22 agencies and approval of the Hawaii County Council. The applicant shall be given credit against the fair share assessment for any improvements to the road system in the immediate vicinity(Komohana Street, Mohouli Street, and Kaumana Drive) to mitigate deficiencies that would have occurred without the project, as identified in the revised TIAR. • The fair share contribution shall have a maximum combined value of$9,671.44 per single-family residential unit and $6,078.25 per multi-family residential unit. The total amount shall he increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set thrth in this condition. • The fair share contribution per single-family residential unit shall be allocated as fellows: I. $4,663.74 per single-family residential unit to the County to support park and recreational improvements and facilities; 2. $224.98 per single-family residential unit to the County to support police facilities; 3. $444.36 per single-family residential unit to the County to support fire facilities; 4. $194.55 per single-family residential unit to the County to support solid waste facilities; • 5. $4,143.81 per single-family residential unit to the State or County to support road and traffic improvements. The fair share contribution per multi-family residential unit shall he allocated as follows: 23 • 1. $2,998.18 per multi-family residential unit to the County to support park and recreational improvements and facilities; 2. $94.76 per multi-family unit to the County to support police facilities; 3. $291.48 per multi-family unit to the County to support fire facilities; 4. $129.92 per multi-family unit to the County to support solid waste facilities; 5. $2,563.91 per multi-family unit to the Statc or County to support road and traffic improvements; PP. Should the Council adopt a Unified impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. QQ. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. RR. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Project District Ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports arc not required. • 24 SS. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: (l) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigis, and that are not the result of their fault or negligence. • (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3) Granting of the time extension would not be contrary to the original reasons for the ranting of the Project District. • (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e.. a condition to he performed within one year may be extended for up to one additional year). (5) If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to it 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. 25 SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COU CIL M; BE', CO ' TY OF I. WAI`I Kona , Hawai`i Date of Introduction: November 10 , 2004 Date of 1st Reading: November 10, 2004 Date of 2nd Reading: November 24, 2004 Effective Date: December 8, 2004 Rif �� ENCr Comm. 560.46 E t:., .....: 26 R5-10 1 O :» �. 1---, , r - , ,_ _ . _______________ , _ ........ ,.._ , ____, diree_„ R5-!O • : o 1101t. °ialki `�fOb”-e An / ��„�.►�ipaiiii � on 1ill1y� P r,�� l`�; 'wre.w��.llift ���o `ro Lv 1nik is s w 4111/1/.0• .r �r , �>���i .�, lit i. Mr� klifir ".r/♦��oil,folk t. 11'i� ��� -� ■■ "HALAI".Q.I♦1• ,0 3 + Wit WA nr SINGLSFAMILY 1,�=��NO I" :?J�i�� .111 1 wWalIPP 1�fr 11''- s WO OS RESIDEGITU1b(RP 5)1To 0;�• ,lin G e. otokus�� ,� '��.0041 061-• PROJECT DISTRICT.• 'D i - �1 R, ♦ 4 ;1� . fie lilt..�•E''-114.1 °I SINGLE.FAMILY ,r► ' cr � ��►�.,_. " 111 ' :�‘-' ao .4o,''RESID0.(1: L-�1RS 10)TOli as 'j• �E� ` :�� 0 1 PROJECT DISTRICT .0 �illg�J / r ■ • y0t�� '-" 1.000 ACRE1 a'' r�/ !►/i'' I f Ci lie. �t1�1 ms h1: 4L x lw �1 2,7954 s. 1i1 MO) RCULTURAL.(A.,7/ .. III `ay{4 1L�1i s,57s.os w �',��� � ALM ' + , �/ TDISTRICT•5Ilf/J �� CN,i U n.A-I /NEIGHBOROO /,# COMMERCIALICW=4D)TO % tiPROJECT DISTRICT. PD /1 y 1 a oPeN. `///� /3678.:s-4,4 — ._ - 7,550.79 S �/ 1 / ���,pB7.Pf W' ���/�'////� /�' . ,'' �, �' UJ • ,�, a AIa A a `Iuut•,: II,',, , OPEN(0)TO r,`rPrP' rr/�rq rrP }i� A-1a �41 / PROJECTDISTRICT.(P.D) // / //� /„rlf�t f► ' � � 45.287•ACRES / `/// �1H�ilir��'a al r P� . 11 # fron..... -v.„ A-I, .9 Is trilifiii El es-tes-10..,;040 soLksate,iiriliPiaimpl---A >su Surae smi ..o iitio onou 0 111411< ISVIAM Owm la Pi -0. Wawa riarigilk wt. tk id willatigES:Ail PE itto ._AttirAili 950 475 0 1900 7150 7 600 . 4 750 ---- ---- - Feel ' AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, - BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1a), NEIGHBORHOOD COMMERCIAL (CN-40), SINGLE-FAMILY RESIDENTIAL (RS-7.5), SINGLE-FAMILY RESIDENTIAL (RS-10), AND OPEN (0) TO PROJECT DISTRICT (PD) AT PUNAHOA 1st AND 2nd, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-3-037.001.2-3-044:019.2-3-049.053 Date:January 7, 2004 EXHIBIT"A" (WESTERN UNITED LIFE ASSURANCE COMPANY•1.116) ,. C (-- OFFICE OF THE COUNTY CLERK County of Hawaii Kona , Hawaii . • . . - -• (Draft 5) introduced13y: Leningrad Elarionof r: t, •- ROLL CALL VOTE Date Introduced: November 10, 2004 AYES NOES ABS EX ' First Reading,: November 10, 2004 Arakaki X Published: November 21, 2004 _ Chung X Elarionoff X REAL-IRJ;S'• Holschuh X __--.. -- Jacobson X - Reynolds X Safarik X - — Tulang X ---- - ----- - -- - — - Tyler X ------ - 7 1 1 1 0 - Second Reading: November 24, 2004 _ (Draft 6) To Mayor: November 29, 2004 ROLL CALL VOTE Returned: December 9, 2004 AYES NOES ABS EX Effective: December 8, 2004 Arakaki X Published: _December 15 , 2004 Chung X • Elarionoff X REM•J.IRKS: Holschuh X Jacobson X ...._ ---- -- ---- _Reynolds X Safarik XIf - . .- Tulang X --- Tyler X 7 2 0--- --C--- I DC)HEREBY C'ERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ,.' FORM AND LEGA TY: 977 �` ry�r .NCIL CHAIRMAN C' Eh TY CORPORATION COUNSEL - t .,,,,,,,;'• 7 COUNTY OF HAWAII bL`PUTY COUNTY CLERK Date ±..V.3.: /L ./ BillNo.: 248 (Draft 6) .Ipinurea )i.eapprm dthis - lS _ day Reference: C-560 . 46/PC-117 - af - -D-c2wibtr. , 20 O`\" . Ord: 04 144 -. 6 L ( v. -1 YOR, c ( NT)'OF HAWAII llau•at)('aunt'is an Equal Opportunity Provider and Employer . ............... COUNTY OF HAWAII -+' ?'� '/ STATE OF HAWAII # of BILL NO. 242 ORDINANCE NO. 1 _. .4 AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM PROJECT DISTRICT TO PROJECT DISTRICT AT PONAHAWAI, SOUTH HILO,HAWAI`L, COVERED BY TAX MAP KEY: 2-3-037:001, 2-3-044:019, AND 2-3-049:053. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended-to change the district classification of property described hereinafter as follows: The district classification of the,following area situated at Ponahawai, South Hilo, Hawaii, shall be Project District: Beginning at the north corner of this parcel, also being the east corner of Lot 2 on the southwest side of Komohana Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAI"being 109.52 feet North and 797.67 feet West and running by azimuths measured clockwise from True South: Following along Komohana Street for the next twenty-two (22) courses,_the azimuths • and distances between points being: 1. 320° 40' 42.10 feet; 2. 50° 40' 10.00 feet; 3. 320° 40' 146.28 feet; 4. 50° 40' 5.00 feet; 5. Thence along a curve to the right having a radius of 1945.00 feet, the chord azimuth and distance being: -1- Planningpt. Exhibit 322° 51' 30" 148.76 feet; 6. 235° 03' 10.00 feet; 7. Thence along a curve to the right having a radius of 1955.00 feet, the chord azimuth and distance being: 326° 50' 30" 122.25 feet; 8. 238° 38' 5.00 feet; 9. Thence along a curve to the right having a radius of 1960.00 feet,the chord azimuth and distance being: 336° 09' 512.79 feet; 10. 73° 40' 10.00 feet; 11. Thence along a curve to the right having a radius of 1950.00 feet, the chord azimuth and distance being: 344° 40' 68.06 feet; 12. 345° 40' 455.47 feet; 13. 255° 40' 10.00 feet; 14. 345° 40' 73.40 feet; 15. 54° 00' 11.48 feet; 16. 10° 30' 18.00 feet; 17. 333° 00' 83.14 feet; 18. 345° 40' 248.93 feet; 19. Thence along a curve to the left having a radius of 3040.00 feet, the chord azimuth and distance being: 342° 20' 353.52 feet;. 20. 69' 00' 5.00 feet; 21. Thence along a curve to the left having a radius of 3045.00 feet, the chord azimuth and distance being: 336° 51' 56" 226.82 feet; -2- ( , 22. 83° 10' 67.64 feet; 23. Thence following along the middle of Alenaio Stream along Lot 14 of Sunrise Ridge Subdivision Unit 1-B,File Plan 1693, the direct azimuth and distance being: 44° 30' 155.00 feet; 24. 35° _17' 960.00 feet along Lots 15, 16,20 and 21 of Sunrise Ridge Subdivision Unit 1-B and Lots 27 to 20, inclusive of Sunrise Ridge Subdivision Unit 2-B,File Plan 1693; 25. 59° 01' 27" 1633.86 feet along Government Land; 26. 65° 46' 26" 260.53 feet along Government Land; Thence along Mohouli Street Extension for the next nine (9)courses, the azimuths and distances between points being: 27. 119° 41' 199.44 feet; 28. 209° 41' 25.00 feet; 29. 119' 41' 930.00 feet; 30. 29° 41' 30.00 feet; 31. 119° 41' 170.00 feet; 32. 29° 41' 5.00 feet; 33. 119° 41' 250.00 feet; 34. 29° 41' 5.00 feet; 35. 119° 41' 540.00 feet; 36. 209° 41' 210.35 feet along Lots 75 to 78, inclusive of Kaumana Gardens Subdivision Unit 2 (File Plan 935); -3- 37. 254° 30' 368.44 feet along Lots 56-A, 56-B and 3 of Crescent City Heights Subdivision; 38. 324° 40' 50.00 feet along Liko Lehua Street;- 39. treet;39. 234' 40' 18.63 feet along Liko Lehua Street; 40. 324° 40' 363.00 feet along Lot 57; 41. 234° 40' 398.55 feet along Lots 57, D and C; 42. 144° 40' 262.53 feet along Lots C, B and A; 43. 254° 30' 981.48 feet along Lots 35 to 47, inclusive and Lot 50 of Crescent City Heights Subdivision; 44. 136° 15' 200.00 feet along Lots 50 and 49 of Crescent City Heights Subdivision; 45. 226° 15' 50.00 feet along Wiliwili Street; 46. 136° 15' 5.98 feet along Wiliwili Street; 47. 226° 15' 325.00 feet along Roadway Lot and Lot 4; 48. 136° 15' 371.76 feet along Lots 4, 60-E and 59-E; 49. 236° 50' 289.92 feet along Lots 14, 15, 16 and 17; 50. 316° 15' 65.70 feet along Omao Street; 51. 226° 15' 50.00 feet along Omao Street; 52. 243° 20' . 146.46 feet along Lot 26; 53. 136° 15' 525.97 feet along Lots 26, 25,'23, 21 and 19; 54. 243° 20' 1324.47 feet along Lot 15,Hualilili Street, Lots 18 and 20,Malanai Street Lots 16 and 18, Spring Street, Lots 15 and 16,Hoomana Street and Lot 16; 55. 153° 14' 30" 100.63 feet along Lot 16; -4- 56. 136° 15'' 120.00 feet along Lots 15 and 14; 57. 226° 15' 125.00 feet along Lot 17; 58. 136° 15' 60.00 feet along Lot 17; 59. 226° 15' 165.00 feet along Waipuna Place and Lot 10; 60. 316° 15' 5.00 feet along Lot 11; 61. 232° 49' 135.25 feet along Lots 11 and 12; 62. 322°. 49' 5.00 feet along Lot 1; 63. 232° 49' 184.44 feet along Lots 1 and 2 to the point of beginning and containing an area of 171.504 acres. All as shown on the map attached hereto, marked Exhibit"A" and by reference • made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. -5- B. This project area shall be called the Wailani Project District. C. The Wailani Project District shall consist of not more than 172 acres for single-family and multiple-family residential, senior housing, medical office campus;commercial center, business park, open space and recreational uses, and ancillary related improvements. D. The maximum number of single family and multiple-family residential units allowed shall be 518 units,which includes a maximum of 333 senior housing units. The density for multiple-family residential uses shall not exceed 35 units per acre. E. The maximum square footage of the medical office campus, commercial center, and business park uses shall be 480,000 square feet. No single commercial business may contain more than 45,000 square feet in gross floor area. F. The minimum lot size for single-family residential units shall be 7,500 square feet. G. A minimum of 26 acres shall be used for open space and recreational uses, which includes a minimum of 7 acres for active recreational use. H. The uses disclosed in the application, as listed below, and those required as conditions to this Ordinance will be allowed in the Wailani Project District. The provision of other uses not listed will require an amendment to this Project District Ordinance. I. All uses allowed as a matter of right in the RS, RM, and CN zoned districts. 2. All uses allowed as a matter of right in the CV zoned district, except for hotels,manufacturing, warehousing, and light-industrial uses. -6- 3. Open space and recreational uses, including ball fields, linear parks, pedestrian paths and bikeways. 4. Infrastructure improvements. I. A detailed Master Plan of the Project District,which includes the location and number of residential lots and units,commercial uses, open space and recreational areas, pedestrian pathways and bikeways, landscaping,roadways,parking, and other related improvements on the property, shall be submitted to the Planning Director within two (2) years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. J. The applicant shall provide a detailed water master plan showing the water system improvements needed for each phase of the development. The plan shall meet with the approval of the Department of Water Supply and shall be submitted to the Planning Director within two (2) years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or residential or non-bulk lot subdivision approval, whichever occurs first. A bulk lot refers to a lot created for the purpose of enabling its subsequent development pursuant to the approved master plan. K. Before a water commitment for the development can be effected,the applicant shall enter into a Water Development Agreement with the Water Board,pursuant to Rule 5 of the Department of Water Supply's rules and regulations. The Agreement will establish, but not be limited to, the scope of water system improvements required to serve the development, allocation of water to the development, duration of water commitments, timeline for completion of improvements, and payment of applicable facilities charges. The applicant shall also construct all water system improvements as required by the Department of Water Supply through its standards. These improvements may include but not be limited to additional source, transmission, storage and booster pump facilities. -7- LL. Construction of approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center shall commence within five(5) years of the effective date of the Project District Ordinance. Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five(5)years of the effective date of the Project District Ordinance, and shall be completed within ten (10)years of the effective date of the Project District Ordinance. Completion of construction may be assured by a sufficient surety bond,meeting with the approval of the County of Hawai`i. Final Plan Approval shall be secured in accordance with the requirements of the Chapter 25 (Zoning Code), Hawai`i County Code, prior to the commencement of construction of the stated uses. M. The following design standards shall apply: 1. Landscaping for the development shall comply with the Zoning Code and Planning Department's Rule No. 17, Landscaping Requirements. 2. The height limit for structures within the project shall not exceed the following: a. Single-Family Residential Development: thirty five (35) feet. b. Multiple-Family Residential Development(including Senior Housing): forty five (45) feet, provided approval is granted by the Planning Director as part of the approval of the site plan in accordance with Section 25-6-46 Pp Chapter 25 (Zoning Code), Hawai`i County Code. c. Medical Office Campus, Commercial Center, and Business Park Development: forty(40) feet, provided approval is granted by the Planning Director as part of the approval of the site plan in accordance with Section 25-6-46, Chapter 25 (Zoning Code), Hawai`i County Code. -8- 3. The minimum yards (setback) shall be as follows: a. Single-Family Residential Development: (1) On a building site with an area of 7,500 square feet to and including 9,999 square feet: (a) Front and rear yards: 15 feet; and (b) Side yards: 8 feet. (2) On a building site with an area of 10,000 square feet to and including 19,999 square feet: (a) Front and rear yards: 20 feet; and (b) Side yards: 10 feet. (3) On a building site with an area of 20,000 square feet or more: (a) Front and rear yards: 25 feet; and (b) Side yards: 15 feet. b. Multiple-Family Residential Development: (1) Front and rear yards: 20 feet; and (2) Side yards: 8 feet for a one-story building, plus an additional 2 feet for each additional story. c. Medical Office Campus, Commercial Center, and Business Park Development: (1) Front and rear yards: 15 feet; and (2) Side yards: none, except where the side yard adjoins the side yard • of a building site used for purposes allowed•in RS or RM zones, the yard setback appropriate for the RS or RM district shall be used. 4. The minimum off-street parking and loading space requirements of Chapter 25, Hawai`i County Code shall be complied with. The American Disabilities Act (ADA) requirements shall also be complied with. -9- N. All project utilities shall be underground. O. The applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Prior to the issuance of a Certificate of Occupancy,the applicant shall provide such sewer line or other facility improvements as the Director of the Department of Environmental Management may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the development. P. The extension of Ponahawai Street from Komohana Street to Mohouli Street(referred to hereafter as the "Ponahawai Street extension") shall be a minimum right-of-way width of eighty(80) feet and built to County dedicable standards, including the provision of curbs, gutters, and sidewalks, and be built on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director. Upon its completion, the roadway shall be dedicated, at no cost,to the County. Q. No lots shall have direct access from either Komohana Street or Mohouli Street, exclusive of permitted road lots. The location of any permitted road lots shall be determined by the Department of Public Works in consultation with the Planning Director. Further, no single family residential lots shall have direct access from the Ponahawai Street Extension and other proposed arterial streets. R. Unless otherwise specified by the Planning Director in consultation with the Department of Public Works, all streets within the project shall be constructed to dedicable standards, including the provision of concrete curbs, gutters and sidewalks. S. Only emergency vehicular access from the site to the existing side streets to the north (e.g Wiliwili Street, Malanai Street) shall be allowed. In that event, the applicant shall provide removable barriers (e.g. concrete posts) on these roadways at the property'line to -10- prevent non-emergency vehicular access. Should the immediately affected existing v the barriers permanentlyremoved to allow for unrestricted neighborhood(s) desire to ha e vehicular access between the site and any existing side street to the north, the Planning Director, upon consultation with the Department of Public Works and immediately affected neighbors, may lift this restriction. T. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be designed, purchased and installed by the applicant. U. Updated Traffic Impact Analysis Report(s) (TIAR) certified by a licensed engineer shall be submitted to the Planning Director for review and approval prior to receipt of Final Plan Approval for each phase of the development or Preliminary Subdivision Approval for each phase of the residential development and not bulk lot subdivision. All additional mitigation measures, including intersection and/or roadway improvements, called for in the updated TIAR shall be implemented prior to receipt of a Certificate of Occupancy or Final Subdivision Approval, as the case may be. In the case of the Final Subdivision Approval, completion of construction may be assured by a sufficient surety bond meeting with the approval of the County. V. Because of potential roadway noise, there shall be a minimum 70-foot setback from the Komohana Street right-of-way, and a 90-foot setback from the Mohouli Street right-of- • way, for any residential structure. W. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works for review and approval prior to issuance of Final Plan Approval or Final Subdivision Approval,whichever occurs first. PP pp Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of -11- Occupancy for any structure or receipt of Final Subdivision Approval for a non-bulk lot subdivision. The applicant shall develop a program,meeting with the approval of the Department of Public Works, that maintains the two major floodways free of debris and obstructions, including trees that could be uprooted and clog the culverts during storms. X. Any construction within the Federal Emergency Management Agency(FEMA) designated flood zones shall conform to Chapter 27,Floodplain Management, of the Hawaii County Code. Y. There shall be no construction of residential structures and related improvements or other substantial buildings, or subdivision roads (unless the roads are protected from flooding in a manner meeting with the approval of the Department of Public Works)within areas designated Zone "AE" or"A" on the Flood Insurance Rate Map (FIRM). Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to issuance of Final Subdivision Approval for a non-bulk lot subdivision. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the BureauConveyances. No residential lots be created which lack a buildable area. o fmay As represented by the applicant, the main Alenaio Stream drainageway shall be kept as an open space area, except for drainage improvements which may be required pursuant to the drainage study, and park improvements, including bicycle and pedestrian paths. Z. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. AA. The applicant shall contact the U.S. Department of Army Corps of Engineers to identify whether a federal permit is required for any possible work involving the discharge of fill material into wetlands or Alenaio Stream. -12- SC BB. The applicant shall contact the State Department of Health as to whether a National Pollutant Discharge Elimination System (NPDES) general or individual permit is required for this development. CC. The applicant shall comply with the State Department of Health's regulations and rules related to,but not limited to, Underground Injection Systems, Air Pollution, Food Establishment Sanitation, Water Quality, and Community Noise. DD. A Solid Waste Management Plan shall be prepared and submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval or Final Subdivision Approval for a non-bulk lot subdivision. EE. Pu'u Honu shall be preserved as a natural feature. FF. An archaeological inventory survey of TMK: 2-3-44:19, meeting with the approval of the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD), shall be completed prior to any construction or land disturbance activity on this parcel. The survey shall include an assessment with further interviews (if needed) of Pu`u Honu as a traditional cultural property. If required by DLNR-SHPD, Pu`u Honu shall be designated as an historic property and assigned an SIHP number. GG. A archaeological mitigation plan addressing data collection at Site 14947 (and any additional sites that might be discovered) shall be completed and approved by DLNR- SHPD prior to any construction or land disturbance activity on TMK: 2-3-44:19. HH. An archaeological preservation plan addressing preservation of specified segments of Site 14947 (portion of Hilo Boarding School and Old Mission Ditch) and Pu`u Honu (and any additional sites that might be identified) shall be completed and approved prior to the implementation of interim preservation measures. Interim preservation measures shall be -13- in place prior to the initiation of any construction of land disturbing activities on TMK 2- 3-44:19. II. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits,human burials, rock or coral alignments,pavings or walls be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it is found that sufficient mitigation measures have been taken. JJ. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of a Certificate of Occupancy for the multiple family residential development or the occupancy of the first single-family dwelling, whichever occurs first. KK. The applicant, successors or assigns shall make its fair share contribution to mitigate the potential regional impacts of development of the properties with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and/or Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$7,738.48 per multiple family residential unit ($12,059.55 per single -14- family residential unit). The total amount shall be detet wined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,817.17 per multiple family residential unit ($5,815.33 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $120.64 per multiple family residential unit ($280.53 per single family residential unit)to the County to support police facilities; 3. $371.11 per multiple family residential unit($554.09 per single family residential unit) to the County to support fire`facilities; 4. $165.40 per multiple family residential unit($242.59 per single family residential unit) to the County to support solid waste facilities; and 5. $3,264.15 per multiple family residential unit($5,167.02 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. The construction and land costs associated with the Ponahawai Street extension and the recreational or park area(s)that are dedicated to the County as outlined in Conditions G and L shall be credited against the park and recreational and road and traffic fair share requirements. -15- LL. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. MM. Comply with all other applicable County, State and Federal laws,rules, regulations and requirements. NN. An annual progress report shall be submitted to.the Planning Director prior to the anniversary date of the approval of this Project District Ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval arc being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. 00. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3) Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year maybe extended for up,to one additional year). -16- • (5) If the applicant should require an additional extension of time,the Planning Department shall submit the applicant's request to the County Council for appropriate action. PP. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its'approval. INTRODUCED BY: 44•11..ual .114 COUNCIL MEMBER, COUNTY OF HAWAII Hilo Hawai't Date of Introduction: May 19, 2010 Date of 1st Reading: May 19, 2010 Date of 2nd Reading: June 8, 2010 Effective Date: June 18, 2010 • • ktrtkcNGEa Corrin. 798 -17- PI - lir R5-10 ` 109.52 N 7 V fAV " . R5-7.5 ,o ����. 797.67W R5 °a ,� R5-10 11111110/1 .�• `i :' +1111 C p o �.f�,'r,\ Open `fir �"'�O of oo'4"*l`l' �� NA A-1a • ' fir 4V AoS*4"##.A4V ' .. .: *VW 'S * • ri ♦ i� ���it.� , W� �P • � P \�te4r '♦' i ',a r^ O � \� 1 * _. _ sv, N _.‘ R6-10 " t&, j` �►1` yillik • • �gte Nt 4i* 40-; .4 "./ ':.. - .. .: • , : - : VII,,, \ < ' ♦ ,,404-4-611;10,, PROJECT DISTRICT .'# ',,�, `, TO PROJECT DISTRICT • 404 .• , �,�,, ,*44 m pat A041 l 'A44��V 171.504 ACRES "��� , 0 44 . S 0 OA *4 1 1p .,,,w 4.7- ..v.,,,,,, .. -(.. , - .. - . •r t„• .S# t`W .�h t#1P' *4 *1**** . 1 O, . .. .. ., . . Al% I. . 10•40,44 . ,. a 4f0 44_ o y004/ Ala r • , * ♦ OPE ST \P \ ` l Io J4-JP \ - - • A-1a le a . 4 8515 \ ,dilkillIAN0 , Feet 0 1,400 2,800 4,200 5,600 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM PROJECT DISTRICT TO PROJECT DISTRICT AT PONAHAWAI, SOUTH HILO, HAWAII{ MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:2-3-037:001,2-3-044:019;2-3-049:053 DATE:March 9,2010 EXHIBIT"A" Wailani Dev.,LLC Map 1291 ( ' ( ' . OFFICE OF THE COUNTY CLERK County of Hawai`i ^ ' Hilo, Hawaii 21119 !!, , /n Introduced By: . Donald Ikeda ROLL CALL VdT 9 O Date Introduced: May 19, 2010 AY,- . NOES ABS EX First Reading: May 19, 2010Enriques X :! Published: May• 28, 2010 Ford • X Greenwell X REMARKS: Hoffinann X . Ikeda X Naeole-Beason X Onishi X • Yagong X Yoshiinoto X 1 Second Reading: June 8, 2010 7 2 0 0 To Mayor: June 17, 2010 Returned: June 21, 2010 ROLL CALL VOTE Effective: June 18, 2010 AYES NOES ABS EX Published: June 26, 2010 _ Enriques X Ford1 X REMARKS: Greenwell X Hoffmann X 1 • Ikeda X ' 1 Naeole-Beason X . Onishi X I Yagong X Yoshimoto I X I 7 2 I 0 0 i /DO HEREBY CERTIFY that theore oin T BILL was adopted by the County Published as • fn Council indicated above. APPROVED AS TO �� F M AND LEGALITY: COU.' 7L C RM.1N DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII 1 Date JUN 18 2010 \ C-COUrN Y CLERK _ Bill No.: 242 ' C-798/PC-82 Approved,ppruved this � c � Reference: Ord No.: 10 ( 4 ,,j — utvc, , 70 1 t, . A14 YOR, COUNTY OF HA WAI I ( § 25-6-39.6 HAWAI`I COUNTY CODE (c) The applicant may, within thirty days after receipt of the proposed revocation notice, appeal the revocation notice to the board of appeals as provided by section 6-9.2, County Charter and sections 25-2-20 through 25-2-24. An appeal to the board of appeals shall stay the provisions of the director's order pending the final decision of the board of appeals. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 13.) Section 25-6-39.7. Appeals. Any person aggrieved by the decision of the director in the issuance of an ohana dwelling permit decision, except for a decision regarding the duration of a permit under section 25-6-39.2, may appeal the director's action to the board of appeals, in accordance with this chapter, within thirty days after the date of the director's written decision. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Division 4. Project Districts (PD). Section 25-6-40. Purpose and applicability. The project district (PD) development is intended to provide for a flexible and creative planning approach rather than specific land use designations, for quality developments. It will also allow for flexibility in location of specific uses and mixes of structural alternatives. The planning approach would establish a continuity in land uses and designs while providing for a comprehensive network of infrastructural facilities and systems. A variety of uses as well as open space, parks, and other project uses are intended to be in accord with each individual project district objective. A project district is an amendment to this chapter which changes the district boundaries in accordance with the individual project district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-41. Criteria for establishing a project district. A project district may be established as an amendment to this chapter whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for an area should be adopted in order to establish a continuity in land uses and designs while providing a comprehensive network of infrastructural facilities and systems. In addition, a project district may only be established if the proposed district: (1) Is consistent with the intent and purpose of this chapter and the County general plan; and (2) Will not result in a substantial adverse impact upon the surrounding area, community or region. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Planning Dept. 25-136 Exhibit al ZONING § 25-6-42 Section 25-6-42. Minimum land area required. The minimum land area required fora project district shall be fiftyacres. q (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-43. Permitted uses. Any uses permitted either directly or conditionally in the RS, RD, RM, RCX, CN, CG, CV or V districts shall be permitted in a project district; provided, that each of the proposed uses and the overall densities for residential and hotel uses shall be contained in a master plan for the project district and in the project district enabling ordinance. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-44. Application for project district; requirements. (a) An application for a project district may be filed by a property owner or any other person with the property owner's consent. The application shall be on a form prescribed for this purpose by the director and shall be accompanied by: (1) A filing fee of$5,000. (2) A description of the property in sufficient detail to determine its precise location. (3) A master conceptual plan of the property, showing the project district boundaries and the land uses and acreage of land involved. (4) A description of the proposed project district, including land uses, densities, infrastructural requirements, and development standards. (5) A description of each of the open space areas proposed for the project district for cultural and/or environmental purposes, including those open space areas preserved because of natural hazards. (6) A metes and bounds description of the property prepared by a surveyor. (7) A list of the names, addresses and tax map key numbers for those property owners and lessees of record of surrounding properties who are required to receive notice under section 25-2-4. (8) A County environmental report;provided that a County environmental report shall not be required where an environmental impact statement or an environmental assessment and negative declaration have been prepared and issued in compliance with chapter 343, Hawai`i Revised Statutes, as amended. (9) Any other plans or information required by rules adopted by the director in accordance with chapter 91, Hawai`i Revised Statutes. (b) The applicant shall serve notice of the application for project district on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12. 25-137 § 25-6-44 HAWAII COUNTY CODE (c) Within one hundred twenty days after a project district application has been accepted by the director, the director shall forward the application to the commission, together with the director's recommendation on the proposed project district, and together with a proposed project district ordinance which establishes the project district and provides project district standards and conditions, including permitted land uses, accessory uses, densities, heights, setbacks, and variances from the requirements of this chapter, and from chapter 23 (subdivision control), if applicable, as contained in the master conceptual plan for the project district. (d) The commission shall review any project district application and shall forward its recommendation on the application to the council through the mayor for the council's consideration and action. (1) In reviewing the application, the commission shall hold at least one public hearing in the district in which the proposed project district is located. The commission shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also publish notice of the hearing in accordance with the requirements of this chapter. (2) Within ten days after receiving notice of the date of the public hearing, the applicant shall serve notice of the hearing on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record of interests in other properties which the commission may find to be directly affected by the proposed project district. (3) Within ninety days after receipt of the application from the director, unless a longer period is agreed to by the applicant, the commission shall transmit the proposed project district ordinance together with its recommendation thereon through the mayor to the council. The commission shall recommend approval in whole or in part, with or without modifications, or rejection of such proposal. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 8; am 2012, ord 12-90, sec 2.) Section 25-6-45. Conditions imposed on project district. (a) The council may impose conditions on the use of the property subject to the project district, provided the council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed with respect to protection of the public from the potentially deleterious effects of the proposed uses, or fulfillment of the need for public service demands created by the proposed uses. (b) In addition to the conditions described in subsection (a), the council shall include the following conditions in any project district ordinance: (1) A description of each of the uses proposed in the project district; (2) The overall densities for the residential and hotel uses established in the project district; 25-138 ZONING § 25-6-45 (3) Any infrastructure requirements for the project district; and (4) Any open space requirements for the project district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-46. Review and approval of site plans. (a) After adoption of a project district enabling ordinance, the applicant shall submit to the director detailed site plans for the project district development. The site plans shall conform to the project district enabling ordinance and shall include the following: (1) Plans for required infrastructure improvements; (2) All items required for a plan approval application, as provided by section 25-2-72; and (3) Any other information required by rules adopted by the director in accordance with chapter 91, Hawai`i Revised Statutes. (b) Within sixty days after acceptance of the site plans, the director shall either deny or approve the plans. ' (c) The director may approve site plans for a project district only if the applicant has complied with all of the conditions contained in the project district enabling ordinance and the site plans conform to the standards contained in the project district enabling ordinance. The director may approve the site plans subject to conditions, or the director may approve the site plans subject to certain changes when, in the director's opinion, such conditions or changes are necessary to carry out the purposes of the project district, this chapter and the considerations contained in section 25-6-47. (d) If the director fails to render a decision on the site plans within the prescribed period, the site plans shall be considered approved without further certification by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-47. Review criteria and conditions of approval. In reviewing site plans for a project district, the director shall consider the proposed development and uses in relation to the surrounding properties, improvements, streets, traffic, community characteristics, and natural features, and may require conditions or changes to assure: (1) Adequate light and air, proper siting and arrangements of all structures and improvements are provided; (2) Existing and prospective traffic movements will not be hindered; (3) Proper landscaping is provided that is commensurate with the development or use and its surroundings; (4) Unsightly areas are properly screened or eliminated; (5) Adequate off-street parking is provided to serve the development or use; 25-139 § 25-6-47 HAWAI`I COUNTY CODE (6) Access to the parking areas will not create potential accident hazards; and (7) Within reasonable limits, any natural and man-made features of community value are preserved. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-48. Construction in conformity with approved site plans. Every structure, development and use contained in site plans for a project district approved by the director shall be constructed and developed in accordance with the terms, specifications and conditions of approval for those site plans. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-49. Plan approval issued by approval of site plans. Plan approval shall be considered issued when site plans for a project district are approved by the director, as provided by sections 25-6-46 and 25-6-47, and no further action is required for the issuance of plan approval under this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-49.1. Amendments. Any amendment to the conditions and standards contained in a project district enabling ordinance shall be processed in the same manner as the project district enabling ordinance, unless the council in the project district enabling ordinance authorizes the amendments to be made by the director. A request for any amendment shall be submitted in writing to the director, in lieu of the application required for a project district. The request shall be accompanied by a filing fee of$250. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-6-49.2. Appeal of director's actions on project district site plans. Any person aggrieved by the decision of the director in the issuance of a decision regarding project district site plans may appeal the director's action to the board of appeals, in accordance with its rules, within thirty days after the written decision is issued by the director. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-140 WATEq 19 • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 HAWP TELEPHONE (808) 961-8050 • FAX (808) 961-8657 .ti. csm December 17, 2018 TO: Mr. Michael Yee, Director = o • Planning Department r FROM: Keith K. Okamoto, Manager-Chief Engineer c�i SUBJECT: Amendments to Change of Zone Ordinance No. 10 64 (REZ-10-000117) Request: Amend Various Conditions Applicant—Wailani Development, LLC Tax Map Key 2-3-037-001, 2-3-044:019 and 2-3-049:053 • We have reviewed the subject request and have the following comments. Please be informed that there was an existing water commitment for 200 units of water which expired September 30, 2018. The water commitment was only for a portion of the overall development. Based on the increased demand, the Department requests that the Water Master Plan be revised and resubmitted for review and approval: Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Vt1/41144461 Keith K. Okamoto,P.E. Manager-Chief Engineer RQ:dfg copy—Wailani Development, LLC Mr. Sidney Fuke, Planning Consultant Planning Pt• ry Exhibit SC,ANNE'13 DEC 18 Ma . . . Water, Our Wlost Precious Resource. . . WaiA Xdne. . . 2 2 The Department of Water Supply is an Equal Opportunity provider and employer. dofWATS`- DEPARTMENT OF WATER SUPPLY • COUNTY••OF-HAV i`:I;';. ",,," 345 KEKDANAb'A STREET, SUITE 20 • HILO�HAWAI1I.96720 • ---- TELEPHONE (808) 961-8050 • FAX (808) 961-8657 -: - January 11,2019 '�3::;Tl:�- Wailani Development LLC ; ., is = _ �•i ,_ 670 Ponahawai Street,Suite 214 _-•__.___ cl Hilo,HI 96720 _ __--------• ---f.- ; --�. _ Dear Sirs: wi f •-' Subject: Water Commitment for Wailani Development-Lots 1 to 3,and Portion of Lot 4 --Z -v Change of Zone Application(REZ 10-000117) `I Tax Map Key 2-3-037:001 and 2-3-044:019 This is to acknowledge receipt of the required$30,000.00 water commitment deposit for the subject project. Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment for the proposed development in the amount of 80,000 gallons per day,or 200 additional units of water at an average of 400 gallons per day,per unit,is hereby granted until September 30,2019,with the following conditions: 1. Construct necessary water system improvements,which shall include,but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions, b. service laterals that will accommodate an appropriately-sized meter to each lot, • c. subject to other agencies'requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary,and d. fire hydrants spaced no more than 300 feet apart. On dead-end streets,the last fire hydrant shall be located at one-half the distance from the last parcel,or unit, fronting the property line,or to the driveway or access for the property. Submit installation plans prepared by a professional engineer,registered in the State of Hawai`i,for review and approval. 2. Remit the prevailing facilities charge balance,which is subject to change,as shown below: • • • . . Water, OurfMost Qrecious Resource. . . 7(a WaiA ane. . . 12 2 6 3 7 The Department of Water Supply is an Equal Opportunity provider and employer. Planning ept- Exhibit Wailani Development LLC Page 2 January 11,2019 Facilities Charge(FC): 200 additional units n,$5,500.00/unit $1,100,000.00 Total FC $1,100,000.00 Water Commitment Deposit Credit(WCD): 200 additional units @$150.00/unit paid twice (60,000.00) • Facilities Charge Balance $ 1,040,000.00 • This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount;for example,when requests for time extensions continue and are'approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. 3. Submit the appropriate documents,properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions,policies,and Rules and Regulations. Should there be any questions,please contact Mr.Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, k4iiatiti1/44.6 Keith K.Okamoto,P.E. Manager-Chief Engineer RQ:dfg copy— Planning Department Okahara&Associates,Inc. 7i119 ON! ?R 9r1 n ; DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 7,6,1 T. •• HILO, HAWAII ;, .1 r F i 1";' DATE: January 25, 2019:•-•: • NeMengiiidafft TO: Michael Yee, Planning Director FROM: artmen of Public 'orks, n i --ring Division • SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. No. 10 64 (REZ 10-000117) Applicant: Wailani Development, LLC Request: Amend Conditions D, E, I, N, L & P, 0, Q, R, KK and 00 of Ordinance No. 10 64 for the Wailani Project District TMK: 2-3-037:001, 2-3-044:019 and 2-3-049:053 Sorry for the excessive delay. We have closely reviewed the subject request forwarded by your memo dated November 14, 2018 and provide the following comments to Conditions L, P, Q, R, and 00 which DPW is affected by: Conditions L and P (Modify Construction/Completion Requirement for Ponahawai Street Extension): The applicants request to delay the construction of the Ponahwai Street extension by requiring future developers to bear the responsibility would potentially mean that the connectivity that Ponahawai Street extension would provide may not ever occur. This requirement has been in place since the original 2004 Ordinance 04-144. DPW defers to the Planning Department if they feel that the only other option would be for the entire length of the Ponahawai Street extension to be initially constructed with paved shoulders and swales by the applicant for the entire width of 80 feet and then future developments being required to construct the adjacent concrete curbs, gutters, and sidewalks. This compromise will provide the much needed connectivity in that area and ensure the safe design and cost effective construction to connect Ponahawai Street extension to Mohouli Street and Komohana Street. Condition Q (Modify Access Requirements): We do not support allowing any additional access points off of Komohana Street, Mohouli Street and Ponahawai Street extension. Per the Zoning Map (Ordinance No. 187), these streets,are classified as arterial streets. The purpose of an arterial street is to direct traffic to collectors and local roads where direct access is intended. 1.1 ®nni ng *ftpto Exhibit 1 2 2 891 County of Hamaii Commercial developments would havemore vehicles accessing its lot than a residential property and therefore there could be a potential for vehicles backing up without the necessary design features. The construction of Ponahawai Street extension will allow for appropriate access points that will have the necessary storage lengths and road tapers for safely accessing these properties. Allowing access on Komohana Street across from the existing Puuhonu Place even with limiting the access to right-in and right-out creates a conflicting point and further issues with the existing merge lane. We believe that this would create a safety issue and would be safer to access at the signalized intersection. Condition R (Modify Curb, Gutter, Sidewalk Requirement): Roads built to dedicable standards do not need to be dedicated to the County and therefore can remain under private ownership. We are only requiring Ponahawai Street extension be dedicated to the County to ensure through access from Komohana Street to Mohouli Street. The requirement for concrete curbs, gutters, and sidewalks are due to the proposal of residential and senior housing within this development. This type of use is associated with residents walking for exercise and for visiting other residents as well as walking to the nearby commercial developments. The sidewalks provide a safe'area for pedestrians as the curb provides a visual distinct from the roadway for drivers. Delaying the construction of sidewalks within the commercial development until commercial development could leave pockets It does not comply with the intent of a Project District that per Chapter 25. Section 25-6-41 establishes a "comprehensive network of infrastructure facilities and systems". Condition 00 (Administrative Time Extension): We have no objection to allowing for the time extension. Questions may be referred to Robyn Matsumoto at 961-8924. rnunty of Hawaii is an Fnnal rinnnrhinir..Prnuitinr a.,.1 Fmnln..e. ?�19-FEB .5 fin .59�' DEPARTMENT OF PUBLIC WORKS....,,.: :. '• ` COUNTY OF HAWAII r'1../N :..._.._. • ,. .;;r..; N� " HILO, HAWAII i ti`,f�A!I '.: DATE:-February 5, 2019 TO: Michael Yee, Planning Director : _ • w._. _. :__ . .. .. ..�_ FROM: partment of Public Works, Engineering Division SUBJECT: EXEMPTION FROM ENVIRONMENTAL ASSESSMENT REQUIREMENTS Amendment to Change of Zone Ord. No. 10 64 (REZ 10-000117) Applicant: Wailani Development, LLC TMK: 2-3-037:001, 2-3-044:019 and 2-3-049:053 It is our understanding that there has been some question as to whether the proposed infrastructure (street light/traffic-related, water, sewer, and other utilities) improvements, including their extensions, within existing government right-of-way (particularly Punahale Street, Komohana Street, and Mohouli Street)to service the subject project are "actions" that would fall under one of the "exempt" categories of the Department of Public Works. Since the required improvements will occur within an already improved government right-of-way, the improvements would have minimal or no significant effect on the environment. Furthermore, the proposed improvements are intended to serve a project where: a) a comprehensive analysis with respect to its environmental, social, cultural, and infrastructural issues have already been done and submitted in conjunction with the subject application; and b) there 'will be ample opportunity for the public to comment on the basic application itself, which includes the design of the project, through hearings before the Windward Planning Commission and County Council. Thus, we conclude that the infrastructure improvements needed to service the project, if constructed within the existing government right-of-way, would be considered "actions" that are "exempt" pursuant to Exemption Class #6 and their subsections, as identified in the Department of Public Works' "Comprehensive Exemption List", dated September 1, 2015. -° Questions may be referred to Robyn Matsumoto at 961-8924. Planning ° Exhibit 123023 t MtY OFN Harry Kim `°'• r William A.Kucharski Mayor .WJt;Ni!7 i. Director • Wilfred M.Okabe biz t*4 ' Diane A.Noda Managing Director Deputy Director (gaunt of Ratixai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai`i 96726 Ph:(808)961-8083•Fax:(808)961-8086 cohdem@co.hawaii.hi.us http:/hvww.hawaiicounty.gov/environmental-management! • MEMORANDUM TO: Michael Yee, Director Planning Department -- FROM: William A. Kucharski, Director •• p Environmental Management Dep..0 r _ _ 1• DATE: December 3, 2018 SUBJECT: Amendment to Change of Zone Ordinance No. 10 64 (REZ 10-000117) Applicant: Wailani Development, LLC Request: Amend Condition D (Increase Maximum Residential Units from 518 to 700); Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 Square Feet); Condition I (Modify Master Plan • Amendment Process); Condition N (Delete Underground Utility Requirement); Conditions L and P (Modify Construction/Completion Requirement of Ponahawai Street Extension); Condition 0 (Modify Wastewater Requirement); Condition Q (Modify Access Requirements); Condition R(Modify Curb, Gutter, Sidewalk Requirement); Condition KK(Waive Fare Share Requirement for Affordable Housing Units); and Condition 00 (Administrative Time Extension) of Ordinance No. 10 64 for the Wailani Project District Tax Map Keys: (3) 2-3-037:001, 2-3-044:019, and,2-3-049:053 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ' _ - Selt' E Planning pt. Exhibit Countyof Hawaii is an Equal Opportunity q Provider and Employer " Mr.Michael Yee,Direciti„_,, �. December 3,2018 Page2 ( ) Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ExistingSolid Waste Management Plan is to be followed. Provide update to the ( ) g p department on current status. ( ) Other: The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): (" ) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. (X) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. (X) Check or line out as applicable: [X] If required by the Director of the Department of Environmental Management("Director of DEM"), [X] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other: Connection to the County sewer system is required per Section C of the Amendment to Change of Zone Ordinance No. 10 64 (REZ 10-000117) dated November 14, 2018. WK:mef 4\959 IL:- In ` DAVID Y.IGE a zb ��. 5.� jrr 2t]j Null `( �i`rn BRUCE S.ANDERSON,Ph.D. GOVERNOR OF HAWNI 'r :\u,•;c¢ DIRECTOR OF HEALTH `, efp'•• oPi r , i L r ? f _ ENT STATE OF HAWAII DEPARTMENT OF HEALTH In reply,please refer to: File: z R 0.BOX 3378 HONOLULU,HI 96801-3378 • November 21, 2018 Mr. Michael Yee, Director ' < Planning Department County of Hawaii 101 Pauahi Street Hilo, Hawaii Dear Mr. Yee: Subject: Amendment to Change of Zone Ordinance No. 10 64 (REZ 10-000117) Wailani Development, LLC South Hilo, HI, TMK: 2-3-37:001; 2-3-044:019 & 2-3-049:053 The Wastewater Branch reviewed the subject document and opposes any modifications to Condition 0 of the zone ordinance. Our Chapter 11-62, Hawaii Administrative Rules requires a development to connect to a public sewer system when available. The entire development will be required to connect to the public sewer system, if available. We will not approve the use of individual wastewater systems for a development that can connect to a county sewer system. The statement that a single-family residential lot subdivision with a density of less than fifty (50) lots or a small commercial development could conceivably be exempt from the sewer hookup requirement is not correct. The Wastewater Branch requires all developments to connect to a public sewer system when available. Should you have any questions, please contact Mr. Mark Tomomitsu of our office at (808) 586-4294. Sincerely, SINA PRUDER, P.E., CHIEF Wastewater Branch Nanning N annmg epyA io vli!Exhibit tP By: Jackson, Maija i .Nnu. ?r 11 From: Miyahira, Michael M <michael.miyahira@doh.hawaii.gov>. : . Sent: Friday, November 23, 2018 11:25 AM To: Jackson, Maija CCA i i_. I ''\'1 I'.i Cc: Honda, Eric T.; Seto, Joanna L .... Subject: FW: Land Use REZ-10-000117 Wailani Development in Hilo ' The Safe Drinking Water Branch has reviewed the submitted documents and recommends that due to the time elapsed, the Applicant obtain an updated Water Master Plan approval from the current Hawaii Department of Water Supply administration. From: Seto,Joanna L Sent: Wednesday, November 21, 2018 2:32 PM ' To: Miyahira, Michael M <michael.miyahira@doh.hawaii.gov> Cc: Cathcart, MaryHelen <MaryHelen.Cathcart@doh.hawaii.gov>; Uehara, Norris N <norris.uehara@doh.hawaii.gov> Subject: FW: Land Use REZ-10-000117 Wailani Development in Hilo Hi Mike—Hawaii DWS supplying drinking water to this project. See compressed.PDF page 37. I don't see anything for Norris in my brief review of the application. Please direct any comments to the County Planning Dept. Thanks! Joanna From: Pruder, Sina L Sent: Wednesday, November 21, 2018 2:20 PM To: Lum, Darryl C<darryl.lum@doh.hawaii.gov>; Ichinotsubo, Lene K<lene.ichinotsubo@doh.hawaii.gov>; Rossio, Marianne Fuji <marianne.rossio@doh.hawaii.gov>;Seto,Joanna L<joanna.seto@doh.hawaii.gov>; Wong,Alec Y <alec.wong@doh.hawaii.gov> Subject: Fw: Land Use REZ-10-000117 Wailani Development in Hilo Hi All, For your review and direct comments to the County of Hawaii Planning Department. Thanks, Sina - From: Honda, Eric T. Sent: Wednesday, November 21, 2018 2:03 PM To: Pruder,Sina C Cc: Cook,Amy Subject: Land Use REZ-10-000117 Wailani Development in Hilo sC Nanning Dept. 1 NOV 2 6 2018 �-- Hi Sina, We have received a land use rezone amendment application (REZ-10-000 i) for the Wailani Development project. Forwarding County cover letter and application for EMD's review. Have a Happy Thanksgiving weekend.... Thank you ERIC HONDA DEHPC, Hawaii District Health Office 1582 Kamehameha Avenue Hilo, HI 96720 808-933-0917 Eric.honda@doh.hawaii.gov From: Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Sent: Wednesday, November 21, 2018 1:44 PM To: Honda, Eric T. <Eric.Honda@doh.hawaii.gov> Subject: Wailani Development in Hilo Hi Eric- Attached is the rezone amendment application and supplemental letter that you requested for the Wailani Development. The applicant is requesting to amend the wastewater condition to-allow the area south of the Alenaio Stream to be developed with 49 single-family residential lots on IWS, and have the remainder'of the development north of the stream connect to the County sewer system. Please let me know if DOH has any comment or concerns. Happy Thanksgiving! Maija Jackson, Planner County of Hawaii Planning Department (808) 961-8159 • • 2 f £. r 1 Ff • SidneyFuke,( iing Consultant717 C 100 Pauahi Street, Suite 212 •Hilo, Hawaii 96720 •Planning variance•Zoning Telephone: (808)969 1522 • Fax:(808) 969 7996 i"'•¢ (lE f • 2 fl p 1Su6 ivi�ro@•,Land Use Permits P h1.1 � '. E-mail:sidfuke@hawaiiantel.net •Environmental Reports December 20, 2018 Mr.Michael Yee,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject: Amendment to Project District Ordinance(Ord.No. 10 64) Applicant: Wailani Development,LLC TMK: 2-3-044: 019; 2-3-049: 053; 2-3-037: 001 Thank you for providing me with copy of agency comments to date regarding the subject application. In response to those comments,we note the following: 1. State Department of Health—Wastewater Branch: The Branch noted its objection to allowing individual wastewater system("IWS")through the use of a septic system for the proposed 36+/- acre residential area south of Alenaio Stream, as suggested by the applicant's proposed modification of Condition O. Since then,the applicant's engineer has evaluated the feasibility of having this proposed single-family residential area connect to the existing County sewer line within Kukuau Street. In light of the Branch's comments and the applicant's internal analysis, it has agreed to have this area connect to the County system. However, to make the sewer connection financially feasible, it will necessitate increasing the proposed density from forty nine (49)to a maximum of one hundred twenty five (125)lots. The original proposal would have resulted in an average density of 30,000+ square feet over the thirty six(36) acre area; the revised proposal would result in an average density of 12,000+square feet. This would be comparable in lot size, if not somewhat larger,than the • adjoining Sunrise Ridge Subdivision with its RS-10 zoning. A copy of the proposed subdivision map is attached. Accordingly,the applicant would have no objection to having a condition that requires the average density of this area to be no less than 10,000 square feet. Please further note that the applicant's proposed amendment to Condition D requests an increase of the overall residential density within the Wailani Project from five hundred eighteen(518)to seven hundred(700)units/lots. pk ening Dept, Exhibit B :12 4 , Mr.Michael Yee,Director December 20,2018 Page 2 The additional density for this area(i.e., south of Alenaio Stream)would be part of the proposed seven hundred(700) allowable units/lots. In that regard, it is understood that a revised Master Plan as outlined by Condition I would need to be resubmitted and approved by the Planning Department. At any rate, a revised Master Plan reflecting this concept is also attached. 2. State Department of Health, Safe Drinking Water Branch: The Branch recommended an updated Water Master Plan. The applicant understands and accepts the need to have an updated Water Master Plan. Condition J would have to be amended accordingly. 3. County Police Department: The Police Department noted that it did not anticipate any significant traffic or other public safety concerns. 4. County Department of Environmental Management: Although the Solid Waste Division had no comments,the Wastewater Division required a sewer study as outlined in Condition 0. The applicant understands that this will have to be done and based on this appropriate connection/improvement requirements will be done in conjunction with the development of the corresponding phase of the Wailani Project District. 5. County Department of Water Supply: It noted that the water commitment for two hundred(200)units expired on September 30, 2018. Further, as suggested by the State Department of Health,the Water Master Plan will be revised and resubmitted to the DWS for its review and approval. Additionally,the water commitment fee will be made within the next month. In sum,based on the aforementioned agency comments and the applicant's response, it would appear that corresponding amendments to Conditions D (residential density), I(approval of Master Plan), and J(updated water master plan)may have to be made. We trust that the information provided herein adequately address the respective agency comments. If not or if there are further questions and/or agency comments on this matter,please feel free to contact me. Thank you very much. inFerely, Vak /,\\Ak SIDNEY M. FUKE Planning Consultant Copy—Wailani Development LLC w/enclosures via email • i► ` • ,,` CTIVE RECREATIONAL �— PuulloNu UWWAI STREET ni^ 1 ARBA P I FACE r:waa. • HON 1 iniii _- 1 . • _-. I \ S{a /''ORES. 0 t UKO LFMUA STREET g , `{ INCL�ROAD ORES. , •T 1�, 21-1.120 MULTI-FAMILY UN I31`' ®COMM'•` . / 5,47 AC. \{ /QQ RES.C. t 100 Cif AC. •100 MULTIFAMILY UNIT I` INCL ROAD/ _ ` 1 _ n.1,500 01.Lo1e ... j - (D.R.t.AE Sc... NM:RoAor w • P.S 10.7.600 b.P.toiS.. - .-- V -yam r.r,_ 61ywu1 .t,• �i/ PM 0 _'�'��.._,_ PONAHa WAI _ r I, J a Y.r,', _�^'�._ �+�..._ STREET /J S 1 ORES. TT--- `/ P„^�"4w, 1,11 AC. IMCCROAOIS• 1 `. x rsnnsc TOTE - 1 ` `J FFl y7R LEGEND: • / INCL ROADu 70-7,000 S.F.lJTB RESIDENTIAL: 92.15 AC. COMMERCIAL CENTER: TSL.'C - ,tr 0.00 AC—� PU'U HONU: 8.11 AC h, DRAINAGE BASINp OPEN SPACE. M ORES.• tI �i 1 INCL ROADS MIXED USE: u..-' : - 1162.010 1 MEDICAL PARK: IfiEM - ., ...... -• - J; �- _. ACTIVE RECREATIONAL AREA 7.00 AC. 2.1 -' PONAHAWAI EXTENSION 7.26 AC. .._ _ J ,+ PU'UHONU EXTENSION 1,70 AC. _ ' - TOTAL 172.90 AC. / WAILANI MASTER PLAN licatha,s and GRAPHIC SCALE: Di C Ate ., Ino. aoo' zoo' 0 aoc 800 CONSULTING ENGINEERS SCALE_ DECEMBER 20, 2018 ,' = a0a' ,r.r-r: A iii .,,,„„„ OPEN $.64 AC vire : UEDlC. HE COON •• . 1- ......_ ! 125 .OTS 1 _ * - ,.__,1 .--' ._.--- ORS 114111" , AN _. _ _ _ _ _ _____ / \ /, .....__. SidneyFuke, . .Inning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawai'i 96720 •Planning•Variance•zoning AA47..w Telephone:(808)969-1522 Cell:(808)939-0640 •Subdivision•Land Use Permits E-mail:sidfuke©hawaiiantel.net •Environmental Reports January 31,2019 Mr. Michael Yee,Director Planning Department 7119 JAN 31 ADZ COUNTY OF HAWAII 101 Pauahi Street r ANT Hilo,HI 96720 CCU; Dear Mr. Yee: Subject: Amendment to Project District Ordinance(Ord. No. 10 64) Applicant: Wailani Development,LLC TMK: 2-3-044: 019; 2-3-049: 053; 2-3-037: 001 Thank you for providing me with copy of the Department of Public Works' ("DPW") comments regarding the subject application. In response to those comments, we note the following: 1. Relative to Conditions L and P relating to the construction timetable for both the basic project itself and the Ponahawai Street Extension,there are several things to note: a. Although agreed to in 2004 by the then applicant as part of the University Terrace Project District Ordinance and subsequently by the applicant in its Project District Ordinance approved on June 18,2010,upon closer inspection,the conditions have proven to be too onerous,making the project financially unfeasible. Since 2010,the applicant has not stood still,waiting to sell or"flip"the project to another developer or investor. That is furthest from the truth. The applicant has been working diligently in addressing the various non- construction-related conditions of approval that will eventually enable the actual development of the project. These include finalization of a water master plan,payment of the required water commitment fee, conducting sewer capacity studies, archaeological preservation,and the like. Equally important,it has been working with a_local development company with extensive experience in the State of Hawaii to help"crunch"the numbers and, given the zoning conditions,assess-the-feasibility of the project. At the same time, collectively,they have approached potential tenants,which included a supermarket and a pharmaceutical company, both of whom appeared very interested and willing to locate there. Planning Det. 122951 Exhibit Mr.Michael Yee,Director January 31,2019 Page 2 :. Concurrently,in addition to doing some preliminary grading work for a possible tenant's lot,they have had the following nearly 100% construction plans for the project's first phase prepared and submitted to the County for review: • the Ponahawai Street Extension with curb,gutters,and sidewalk, beginning from Komohana Street; • the extension of Pu'u Honu Street; - . • intersection improvements; • sewer pump system for one of the possible tenant's lot;and • associated electrical system,drainage,water,and sewer improvements. Bids were solicited,and regrettably,they were extraordinarily high.The universal conclusion among the applicant,potential tenants,and potential development company was that the upfront construction cost was too high, making any development on the property—with the current conditions— unfeasible. Hence,that is the primary reason for the requested amendment. b. The applicant is not proposing to eliminate or escape this requirement. It is asking that completion of the Ponahawai Street Extension be phased in with the actual development of the project and in a manner that better meets the rational"nexus" and proportionality test. In that regard: 1. Under that situation,the development of the project could now become financially more feasible,thereby increasing the potential for this area or quadrant of the City of Hilo to be serviced by much needed commercial and retail activities. The non-development of this area because of potentially onerous conditions would regrettably leave this area underserved and thus not service the community's needs; 2. Further,the phased improvement approach would have more of rational and equitable nexus to the project's potential traffic impact; and 3. When all is said and done,the region—and not necessarily only the project-would be serviced by a new connector road. To exact this connector road on the shoulders of only one and the only adjoining property owner when,in the end,the beneficiaries are the region,may not necessarily meet the legal rational and equitable nexus test. c. Finally,the applicant's proposal require that the entire right-of-way be established with the concurrence of the DPW and be incrementally Mr.Michael Yee,Director January 31,2019 Page 3 dedicated with the improvements,with the understanding that the balance of the right-of-way could still be dedicated to the County earlier if the County so requests. In so doing, should there be public or other private funds to complete the balance of the road,it could be done quickly without having the right-of-way surveyed and conveyed to the County. In that event,the applicant understandably would not be in a position to receive any"fair share"credit for traffic and road for the unimproved portions of the Ponahawai Street Extensions. 2. The DPW notes that it does not "support allowing any additional access points off of Komohana Street, Mohouli Street and Ponahawai Street Extension." The applicant is requesting that no single-family residential lots have direct access to those streets,but that multiple-family and commercial projects are given the option to have direct access,subject to DPW's approval and requirements. On the face of DPW's comments,it could suggest that none of the projects within the Project District should have access to those streets. If so,we would like to note that that is not feasible for the following reasons: a. The only and current accesses to the Project District site are from those three(3)streets—Komohana Street,Mohouli Street,and the Ponahawai Street Extension. If such a requirement were to be imposed,the subject site would be"landlocked." b. Relative to Komohana Street,the applicant received tentative subdivision approval with reflects an access directly across of Pu'u Honu Street. This proposed subdivision map is found in C of the application and also attached herein. Thus,it would appear that access across of Pu'u Honu Street is almost a foregone conclusion. Its limitation or design would be still subject to DPW's approval. c. It is understood that there will be accesses from the project site to the Ponahawai Street Extension. Its location would be subject to the County Planning approval via the Master Plan and/or Plan Approval processes, while the level of improvements would be subject to DPW's review and approval. d. Finally,at least one additional access to Mohouli Street is needed to accommodate the planned residential area on the south side of the Alenaio Stream. Without such an accommodation,a new bridge connecting this area to the Ponahawai Street would have to be constructed,thus making it fiscally unfeasible. Again,the level of improvements—which could be a channelized or modified channelized intersection with left-turn pockets at Mr.Michael Yee,Director January 31,2019 Page 4 that intersection-would be subject to Planning and DPW's approval via the subdivision approval process. If the DPW comment were adverse to what the applicant was specifically proposing—i.e.,the potential for additional accesses,subject to DPW's approval and requirements—for only commercial and multiple-family residential projects,we would like to note the following: The proposed amendment would have provided an opportunity without amending this ordinance—at some point in the future and subject to DPW's approval—to have limited accesses from the project to any of those named streets(Komohana,Mohouli,or Ponahawai)to enhance overall circulation. This could be,after the long-standing objection of the State Department of Transportation,it agreed to allow right in/right out movements to and from the KTA Shopping Complex along the Volcano Highway. Having that improvement reduces the congestion at the Puainako Street intersection by providing more access points to and from the complex. That is the intent of this requested amendment. 3. Finally,the applicant is requesting a)not mandating that the entire project be developed with curb, gutters,and sidewalk;and b)deferral of constructing the curb,gutter,and sidewalk requirement from the subdivision process to the actual development phase of a project. DPW maintains that because as the • project is intended to be a livable,walkable community, curb, gutters, and sidewalks are needed. Instead of mandating the expensive curb, gutter,and sidewalk for all aspects of the project,the applicant is requesting that it not be mandated for the residential areas. The project will still have pedestrian access—such as grassed or modified paved walkways-within the rights-of-way. This would be no different than many of the subdivisions in the area where there are no sidewalks,yet walkable areas within the rights-of-way. Even without these curb,gutters,and sidewalks,the roads will still be constructed in accordance with the requirements and standards of the Subdivision Code. The request is to not mandate,through a zoning condition,something in excess of the requirements of the Subdivision Code. Again,like the construction of the Ponahawai Street Extension,the applicant is not requesting the avoidance of installing curb,gutter and sidewalk. It is requesting that it be deferred to the time of the actual construction and use of a particular site. Again,as proposed,as written in the applicant's request,the ability to defer would be left to the Planning Director at the time of subdivision review/approval. Thus,if the Director determines that it should not be deferred,the proposed language allows that to happen. Mr.Michael Yee,Director January 31, 2019 Page 5 We trust that the information provided herein adequately addresses DPW's comments and that you can favorably consider the applicant's request,with or without significant modifications. If there are further questions and/or agency comments on this matter,please feel free to contact me. Thank you very much. incerel , SIDNEY M.FUKE Planning Consultant Enclosure—subdivision map Copy—Wailani Development LLC w/enclosures via email I 1001»d Lor 1 4 868 ACRS _,,,]^e_..•- mi.....111111111 iii lil: MI MIR 'lir ,,,.ra:-a...,L J; OtIl1 al II% A0001 10 1104 WOW S011a lain _Mk ,, -1a�1a"m.r - . S,eIR ,r„N.040,..1 ,� 11, 1 1141.:-, . "'W4.850 ACRES ; ,- I - Ii . -ail1 ';Y 1 - �[R T.I°i tV ?1 �1 �..a �� a . , W.. ._ ,.6„OT 4244),1416s g4 r i �, 1111 0 ®p�: :n” — lig .e •�,x / 1111 , corp 0 �8I x' il »- a g.1� C ALO,'NIAWO SIPLC� „.. " I1�a 9�� eaae�. • PCmN110ER L01 8 N L �� 07.148 ACRES ! ,,,e, 1 ! Q"AMC::i .„..„....... . , _____ ..,:, f "....... ,. ..„ ___ 5 __ ie e ...... Ma ,x,., 4l♦ .4, » 0300 — 0000 0000—x.w • --•,--______________- . �---- rt •,•-» a RCONPOCR 1017 p v , A�11~it •r_ Ai,4,. 17.776 ACRES i 3.0._1x...:-,,, , /9!%I q•/ �\-- A �. o i 0_-ql",' �5P, - u,;R--v�,xw 3333,- 4104 •.y.i .,..•e'------‘• ,..• -..- \ /_ \a nEIJANDE7T LOT 8 . S 0 / 24.684 ACHES pp�a. . a �� f v d 11111111 I V �,�1 " . A0 .2 _. il"ill Isic...:: iiii 1 L.0w.� -�' PUN 4,0110 F TIC ODRSORDATOM OF PCuu,001 LOT A ji-rt��...-,�.• 5ON0 POOTa,S OF CRAM 552 10 PR14MN MUM/NO Iu1Y,W3AWw,x.�Pn,.n Mxl»e W ^^ OP.5707.LC AW 101 IO AUWOAW ND 01ANANO0AA.WVA m..IO.PINA.Py,w.vxl.0.1 LOT qV MO 101 22 20140 PON WIC U x.11..IAA l0....x.11. •' ANI 202 10 0104000 PIN,M c.,.."..IAANN.Ix.. • 2.11016.2/el :1:LB1.1 040 TIC TS I 1O ,I TOO SIVEDAND W10 .....4...1.12211/pored,r 1.3.x.AA i� 1[,\I nit'_^ „ LOTS I TO 5,INCLUSIVE AND nAmeu.novu »7141 e ;^r: .=it• REMAINDER LOTS 6,7&(I AND ROAD LOTS A&0 ..0 _1 POHNNTN,PUNNIOA ITT NA 080,WV ROA 11NN Of NANAe,NANM u,x tt,OA„A,I MC O ,";:^'"0000.�..... Plan b/IOand 5443.0 Ine. 110 x~411:N I28.1 r O Bo.4010.III..3•.04, 1!710 xl.x..M NM 1w4Pn plxRlmPN '��-k'-7r r OI,do 1.001$ p0.m01* Ne0w0 WM.],,701, L ""�' .� X.3,..1 Oc1e04]t.200 ..,..r.,Nn. ... ..w. N..d N..oM�1. RO ne, a—UPl 3000 ti;P-F.-..».-. N.AW Jopary 10.0011 EIt :�'." NM../Jmvo,90,2031 L. 11.4,440 Idrvo,M.0081 E t,^•`•L^.ri L •••••••• _' •� __ _.__--___- _ Shw ,0'._._303•].0032.TL_ Tex map Ner(30-J-011:001.(3)0-3-044 Oil.04(3)]-2-041 053 _ _ _ .__ • -..-____. .. RWailani-AmendREZ.doc 2/6/19 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WAILANI DEVELOPMENT, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10-064 (REZ 10-117) Upon careful review of the request to amend conditions of the Project District, the Planning Director is recommending that a favorable recommendation for applicant's amendments to Conditions D, E, I,L,N, KK and 00, and for the Planning Director's amendments to Conditions J, K, 0, S, FF, GG and HH, and an unfavorable recommendation for applicant's amendments to Conditions P, Q, and R of Ordinance No. 10-064 be forwarded to the County Council. The applicant withdrew their request to amend Condition 0 related to wastewater requirements. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant, Wailani Development, LLC, has submitted an application to amend numerous conditions of Change of Zone Ordinance No. 10-064, which was originally approved on June 18, 2010 to allow the Wailani Project District. The overall reason for the requests is that the applicant is seeking to make the Wailani Project District (WPD) development financially feasible by reducing some of the infrastructural requirements, allowing options to address infrastructural requirements, allowing the ability to time the infrastructure improvements to be concurrent with the actual development the improvements are designed to serve, and increasing the residential uses while decreasing the commercial components of the project. The applicant is requesting a time extension as well as modifications to the following conditions: • Condition D (Increase Maximum Residential Units from 518 to 700) • Condition E (Reduce Maximum Commercial Area from 480,000 to 420,000 square feet) • Condition I (Modify Master Plan Amendment Process) • Condition N (Delete Underground Utility Requirement) • Conditions L(Time Extension for Construction) • Condition P (Modify Construction/Completion Requirement of Ponahawai Street Extension) • Condition Q (Modify Access Requirements) • Condition R(Modify Curb, Gutter, Sidewalk Requirement) • Condition KK(Waive Fair Share Requirement for Affordable Housing Units) • Condition 00 (Administrative Time Extension) The original Wailani Project District was proposed to be a mixed-use community to include a 180,000-square foot medical office campus, 200,000- square foot of commercial space, a 100,000-square foot. business park,up to 333 senior housing units,up to 90 multiple-family residential units, up to 95 single- family residential lots, approximately 6.9 acres of active recreational open space, approximately 19 acres of passive open space, including walking and bicycling paths and the Pu`u Honu cinder cone, and supporting infrastructure on approximately 171.504 acres of land. The development was originally proposed to be constructed in three phases over a 15-year period. The applicant proposed to develop an extension of Ponahawai Street from its intersection with Komohana Street through the project site to the Mohouli Street Extension, two loop roads to serve the senior housing and medical office campus, and a cul-de-sac from the Mohouli Street Extension to serve the multiple-family residential and large lot single-family residential uses south of the Alenaio Stream drainage channel. The applicant's amendment requests, along with reasons, are stated below.We will address each condition specifically by stating the applicant's request and reasons for the request and state the Planning Director's recommendation and reasons for the recommendation for each requested condition amendment. Language proposed to be deleted is in brackets, language proposed to be added is underlined. -2- Applicant's Requested Amendments of Conditions D and E: Condition D: The number of single-family and multiple-family residential units allowed shall be [518] 700 units, [which includes a maximum 333 senior housing units] inclusive of any on-site affordable housing units designed to address the requirements of Chapter 11, Article 1, Hawai`i County Code, relating to Affordable Housing Policy. The density for multiple-family residential uses shall not exceed 35 units per acre. Condition E: The maximum square footage of the medical office campus, commercial center, and business park uses shall be [480,000] 420,000 square feet. No single commercial business may contain more than 45,000 square feet in gross floor area. Applicant's Reasons for Amending Conditions D and E The applicant requests to amend Condition D by increasing the maximum number of residential units from 518 to 700, inclusive of any on-site housing units designed to address the affordable housing requirements of Condition JJ. While it is the intent of the WPD to also have a senior housing component, it does not necessarily want to be married to that potential requirement. Concurrently, it would like to amend Condition E by reducing the maximum allowable commercial square feet from 480,000 to 420,000 square feet. An increase to the maximum number of residential units would reflect the additional density proposed for the 36+/- acre residential area south of Alenaio Stream. In a letter dated December 20, 2018, the applicant proposed to increase the density of this area from forty-nine(49) to a maximum of one hundred twenty five (125) lots, as a response to comments from Department of Health requiring that the entire development be connected to the county sewer system. The proposal would result in an average density of 12,000+ square feet per lot, comparable in size to the adjoining Sunrise Ridge Subdivision with its RS-10 zoning. The applicant believes that having the ability to increase the amount of housing units within the WPD would have a greater value to the community,particularly -3- in light of the loss of housing units in the lower Puna area, approximately thirty (30) miles away. Further, it would tend to be more compatible with the surrounding residential areas. To make the project more financially feasible, the applicant would need to have more market type of units. As such, it requests that the maximum units be increased to 700, inclusive of the affordable units constructed to address the affordable housing requirements of the County Housing Code(Chapter 11). It should be noted that the applicant still intends to construct some senior housing which would probably address some of the affordable housing requirements. At the same time, reducing the allowable commercial area by 60,000 square feet should not compromise the intent of the WPD. There still would be sufficient commercial space to accommodate the project's commercial needs, and, with the medical office component, the general community. Further, it is not the intent of the WPD to entertain a"big box"retailer or replace existing business centers but instead to complement and/or supplement them. Having the ability to construct a sizable commercial area may have the unintended consequence of diluting the strength and function of the established commercial cores in the City of Hilo. It should also be noted that the traffic impact associated with the increase of residential use and decrease of commercial uses is negligible. A summary analysis prepared by the applicant's traffic consultant, Austin Tsutsumi and Associates, is found in Exhibit G of the Application. While the change would result in a slight increase in the AM peak (1065 versus 951) movements, the PM movements would be slightly reduced(1894 to 1856). Planning Director's Recommendation for Amending Conditions D and E The Planning Director supports these amendment requests since there is a shortage of housing in Hilo and the increase in traffic from increasing housing units and decreasing commercial development would be negligible. -4- Applicant's Requested Amendment of Condition I Condition I: A detailed Master Plan of the Project District, which includes the location and number of residential lots and units, commercial units, open space and recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking, and other related improvements on the property, shall be submitted to the Planning Director within two (2) years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. Upon request by the applicant, the Master Plan may be amended by the Planning Director from time to time to accommodate evolving land use concepts, topographic/physical conditions, cost, and related matters to assure the orderly and timely implementation of the Project District. Applicant's Reasons for Amending Condition I The applicant requests to amend Condition Ito clarify the Master Plan amendment process. The applicant submitted a Master Plan that was approved by the Planning Director on December 15, 2011 in conformance with Condition I. The current application includes a new Master Plan reflective of the amendments being requested. The applicant is requesting to have the ability to amend the Master Plan in the future administratively with approval by the Planning Director, rather than legislatively with approval by the County Council. Planning Director's Recommendation for Amending Condition I The Planning Director is supportive of the applicant's request to amend the Master Plan administratively so long as the changes do not significantly differ from the original Master Plan that was vetted by the community and County Council at public hearings and is not contrary to the Project District Ordinance. Additionally, the applicant has not provided a phasing plan for the most recent proposed Master Plan and therefore it is recommended that the applicant provide a revised Master Plan with this information for approval. Thus the following language is recommended by the Director for Condition I: "A revised detailed Master Plan of the Project District, [which includes the location and number of residential lots and units, commercial uses, open space and recreational areas,pedestrian pathways and bikeways, landscaping, roadways, -5- parking, and other related improvements on the property,] shall be submitted to the Planning Director within two (2) years from the effective date of the amended Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. The revised Master Plan shall describe and depict the phasing of the overall development, the location and number of residential lots and units, commercial uses, open space and recreational areas, pedestrian pathways and bikeways, landscaping,roadways, parking, and other related improvements on the property. The Planning Director may approve changes made by the applicant to the Master Plan to accommodate evolving land use concepts, topographical/physical conditions, cost, and related matters to assure the orderly and timely implementation of the Project District, so long as the changes are not significant as determined by the Planning Director and do not change the permitted land uses, overall densities, open space requirements, and infrastructure requirements, and are not contrary to the amended Project District Ordinance." Applicant's Request to Delete Condition N Condition N: [All project utilities shall be underground.] Applicant's Reasons for Deletion of Condition N The applicant requests to delete Condition N because undergrounding utilities, particularly for the residential areas, is expensive, which then translates to added cost to the consumer. Further,because undergrounding utilities is more of a cosmetic rather than a health and safety measure, there appears to be no overriding visual or scenic consideration that would warrant this added cost. Planning Director's Recommendation for Deleting Condition N The Planning Director is supportive of deleting Condition N. The General Plan encourages placement of utility lines underground when and where practical. The applicant has indicated it is not financially feasible to place the utility lines underground in this development. -6- Applicant's Requested Amendment of Conditions L and P Condition L: Construction of any commercial component of the Wailani Project District [approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center] shall commence within five (5) years of the effective date of this amendment [the Project District Ordinance] and be completed within five (5) years from the construction commencement date. [Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five (5) years of the effective date of the Project District Ordinance. Completion of construction may be assured by a sufficient surety bond, meeting with the approval of the County of Hawai`i.] Final Plan Approval of any commercial component of the Wailani Project District shall be secured in accordance with the requirements of[the] Chapter 25 (Zoning Code), Hawai'i County Code, prior to the commencement of construction of the stated uses. As part of the Plan Approval process and using any traffic related information provided by the applicant per Condition U, the Planning Director upon consultation with the Department of Public Works, shall determine the appropriate on and off-site access improvement requirement. Said improvements shall be completed prior to issuance of occupancy permit of the affected commercial component. Condition P: Based on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director, the applicant, its successors or assigns, shall provide and dedicate to the County an 80-foot wide right-of-way for the[The] extension of Ponahawai Street from Komohana Street to Mohouli Street (referred hereafter as the "Ponahawai Street extension") [shall be a minimum right-of-way width of eighty(80) feet and built to County dedicable standards, including the provision of curbs, gutters and sidewalks, and be built on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director. Upon its completion, the roadway shall be dedicated, at no cost, to the County]. Said right-of-way or portions thereof shall be dedicated no later than completion of improvements within that portion of the right-of-way or earlier—without improvements—upon request by the County. Any development within the Wailani Project District requiring access from the Ponahawai Street extension to either Komohana Street or Mohouli Street shall be responsible for the construction of roadway improvements within the extension meeting with the approval of the Department of Public Works, prior to issuance of an occupancy permit for that specific development. Improvements shall consist -7- of a two-lane County dedicable standard road with pedestrian and bike paths. This does not preclude the affected development from making further improvements within the extension such as a 4-lane road with curbs, gutters, and sidewalks within the extension. Applicant's Reasons for Amending Conditions L and P The applicant requests amendments to Condition L and P in order to modify the standards and timing of construction of the Ponahawai Street extension. Condition L required construction of approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center to commence within five (5) years of the ordinance. Likewise, construction of the Ponahawai Street extension was to commence within the five (5) year period and be completed within ten(10) years. In 2015, the Planning Director approved an administrative time extension for Condition L, which extended the date to commence construction of the project and the Ponahawai Street extension to June 18, 2020, and extended completion of construction of the Ponahawai Street extension to June 18, 2025. Condition P required the provision of an 80-foot wide right-of-way and construction of the Ponahawai Street extension from Komohana Street to Mohouli Street within the WPD to County dedicable standards, complete with curbs, gutters, and sidewalks. The Extension has to be completed without any regard to the actual development(and hence, impact) of the project within the WPD but by an arbitrarily fixed period. The issue with these conditions is two-fold. Relative to Condition L, short of an unforeseen resurgent demand for 100,000 square feet of commercial space and 100,000 square feet of medical office/facility for a city like Hilo, it is difficult to anticipate a demand for an aggregate of 200,000 square feet of space in such a short period of time. As such, the applicant believes that instead of arbitrarily establishing a minimum square footage to commence and complete a project, it would be more appropriate to integrate the necessary infrastructure(road, water, wastewater)requirements with what is being actually developed through the Plan Approval process. In -8- concept, this would be no different than reviewing development on an existing zoned property. In those situations, infrastructural requirements relative to access, water, wastewater and so forth are addressed and implemented in conjunction with the Plan Approval and building permit processes, with all necessary infrastructure completed prior to issuance of an occupancy permit. Relatedly, Condition L requires improvements to the Ponahawai Street extension and its intersection even if a project within the WPD does not utilize the area required to be improved. In that case, the applicant would be subjected to making premature infrastructure improvements, which adds significantly to the upfront cost. This cost is further compounded by Condition P, which requires an 80-foot wide right-of-way, complete with curbs, gutters, and sidewalks, a standard that may be substantially in excess of the possible impacts of a project. Planning Director's Recommendation for Amending Conditions L and P The Planning Director is supportive of granting time extensions to commence and complete construction of the development and Ponahawai Street extension,but is not supportive of deferring construction of sections of the Ponahawai Street extension by individual developers. The primary purpose of Project District zoning is to provide a comprehensive transportation network to serve the development and surrounding area. When the original,Project District zoning was granted for the WPD in 2010, the basis for supporting the Project District zoning is that it would facilitate the completion of the Ponahawai Street extension; thus, improving the negative traffic implications if the project were granted without the condition to construct the roadway in its entirety. At this time the project has 200 water units committed to the development and after these units are utilized additional extensive water improvements will need to be made before the project can proceed. The wastewater capacity of the existing County sewer system is also constrained and will require additional improvements in the future to fully develop the WPD. The Director is concerned that after the initial phase of development is completed the project may stall for several years -9- until water and wastewater capacity is increased, which could mean that the Ponahawai Street extension may not be built for several years or decades. The Director does not agree that requiring the applicant to construct the Ponahawai Street extension to County dedicable standards with curbs, gutters, and sidewalks is in excess of the impacts of the development of the 172-acre Wailani Project District development, and the applicant has not provided any evidence supporting their claim. The proposed roadway is identified in the General Plan as a secondary arterial to provide much needed connectivity between the Kaumana community and downtown Hilo. As a compromise the Planning Director, with the support of the DPW, recommends the applicant construct the entire Ponahawai Street extension with paved shoulders and swales, similar to the Mohouli Street extension nearby, within 10 years from the effective date of the amended Project District ordinance. The addition of concrete curbs, gutters, and sidewalks can be constructed incrementally as adjacent bulk lots are developed by individual developers. According to the DPW, this compromise will provide the much needed connectivity in the area and ensure the safe design and cost effective construction of the extension. Lastly, since there is a shortage of housing in Hilo, the Director would like to see residential units developed in addition to commercial uses during the initial project phase with the available water units. Based on the above, the Director recommends the following amendments to Conditions L and P and a new Condition 0: "L. Construction of[approximately 100,000 square feet of the proposed medical office park and approximately 100,000 square feet of the commercial center] any commercial and residential component of the Wailani Project District shall commence within five (5) years of the effective date of the amended Project District Ordinance and shall be completed within five (5) years from the construction commencement date. [Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection improvements shall commence within five (5) years of the effective date of the Project District _• . - assured by a sufficient surety bond, meeting with the approval of the -10- County of Hawai`i.] Final Plan Approval shall be secured in accordance with the requirements of the Chapter 25 (Zoning Code), Hawai`i County, Code, prior to the commencement of construction of the stated uses." "[g]O.[ -- - _ - - . _ -- . . • Street(referred to hereafter as the "Ponahawa''_ -- - -- - - -- - -_ • . . ..•_ - sf eighty(80) feet and built to County . . - . . •- .:•-: -- . - . - - - • , - , - - sidewalks, and be built on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director. Upon its completion, the roadway shall be dedicated, at no cost, to the County.] Based on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director, the applicant, its successors or assigns shall provide and dedicate to the County a minimum right-of—way width of eighty(80) feet for the extension of Ponahawai Street from Komohana Street to Mohouli Street (referred to hereafter as the "Ponahawai Street extension"). Said right-of- way shall be dedicated at no cost to the County no later than completion of improvements within that portion of the right-of-way, or earlier without improvements,upon request by the County." "P. The Ponahawai Street extension and related intersection improvements shall be constructed by the applicant, successors, or assigns in two stages. Construction of the first stage shall commence within five(5) years of the effective date of the amended Project District Ordinance, and shall be completed within ten (10) years of the effective date of the amended Project District Ordinance. Completion of construction may be assured by a sufficient surety bond, meeting with the approval of the County of Hawai`i. Construction of the first stage shall include constructing the entire length of the Ponahawai Street extension with paved shoulders and paved swales for the entire width of eighty(80) feet, meeting with the approval of the Department of Public Works. Construction on the second stage shall include constructing the entire length of the Ponahawai Street extension with concrete curbs, gutters, sidewalks and drainage improvements, as required by the-Department of Public Works. The second stage improvements shall be completed prior to issuance of a Certificate of Occupancy for any adjacent commercial or multiple-family development or prior to Final Subdivision Approval for any adjacent subdivision that creates single-family residential lots (not bulk lot subdivision)." -11- Applicant's Requested Amendment of Condition Q Condition Q: No single family residential lot[s] shall have direct access from either Komohana Street or Mohouli Street, [exclusive of permitted lots]. Commercial and/or multiple-family residential projects may have direct access from either Komohana Street, Mohouli Street, or Ponahawai Street, subject to the approval of the Department of Public Works in consultation with the Planning Director, with any applicable off-site improvements or movement restrictions. The location of any permitted road lots shall be determined by the Department of Public Works in consultation with the Planning Director. Further, no single-family residential lots shall have direct access from the Ponahawai Street Extension and other proposed, arterial streets. Applicant's Reasons for Amending Condition Q The applicant requests to amend Condition Q in order to allow direct access to Komohana Street and Mohouli Street from any commercial or multiple-family development in the WPD. The current condition prohibits any lots from having direct access to Komohana or Mohouli Streets. Further, no single-family residential lots can have any direct access to Ponahawai Street. While the need for controlled access is understandable, the applicant believes that for commercial and multiple-family residential developments, accesses are important for the success of a project as well as the potential to enhance traffic circulation. The applicant thus requests the option to allow commercial and multiple-family residential uses to have direct access to all streets, subject to any restrictions required by the Department of Public Works to address safety and other traffic issues. A possible restriction could be right-in, right-out movements only. Planning Director's Recommendation for Amending Condition Q In their memo dated January 25, 2019 the Department of Public Works indicated they do not support the amendment of Condition Q to allow driveway accesses onto Komohana Street, Mohouli Street and the future Ponahawai Street extension as these roads serve as arterial roadways. DPW is supportive of allowing road lots -12- onto these roadways, with their approval. This is similar to the future road lot across from Pu'uhonu Place that was granted preliminary subdivision approval by the Planning Department. The intersection of this road lot and Komohana Street will need to meet design and sight distance requirements of the DPW. The current Condition Q already allows for road lots with DPW approval. Based on DPW's concerns, the Planning Director does not support the applicant's amendment of Condition Q to allow driveways, rather than road lots, onto arterial streets. Applicant's Requested Amendment of Condition R Condition R: Unless otherwise specified by the Planning Director in consultation with the Department of Public Works, all streets to be dedicated to the County within the commercial development of the project shall be constructed to dedicable standards, including the provision of concrete curbs, gutters, and sidewalks. This shall not be required of all private, non-dedicable standard roads and residential subdivisions. Further, the installation of the curbs, gutters, and sidewalk may be deferred to the actual development of a commercial lot and not necessarily at the time a commercial lot(s) is being created through the subdivision process. Applicant's Reasons for Amending Condition R The applicant requests to amend this condition to remove the requirement that all roads in the WPD be built to County dedicable standards with curbs, gutters and sidewalks. Unless waived by the Planning Director, the condition requires that all roads have to be built to county dedicable standards with curbs, gutters, and sidewalks. The applicant intends to have portions of the roads within the project constructed to private, non-dedicable standards, as allowed by the County Subdivision Code and the Department of Public Works Standard Detail manual. This would apply specifically to residential subdivisions with 6 or less lots. Further, the Subdivision Code does not mandate curbs, gutters, and sidewalks for single-family residential subdivisions. Thus, due to added cost and consistency requirements, the applicant requests that this not be made mandatory. For those streets within the commercial development, the applicant would like the option to have the curb, gutters, and sidewalk installed in conjunction with the -13- 1 , \ commercial development and not necessarily at the time of land subdivision creating the commercial lots. This is essentially a timing and not necessarily an avoidance issue. Planning Director's Recommendation for Amending Condition R The Planning Director does not support the applicant's request to amend Condition R for several reasons. One of the main purposes for the existing Project District zoning is to provide a comprehensive transportation network for a large land area being developed as a master planned mixed-use development within Hilo Town. Private streets in urban areas should be discouraged unless there are topographic constraints, because private streets do not allow for connectivity between subdivisions and commercial areas. Additionally, although the Subdivision Code does not mandate curb, gutter and sidewalk improvements for residential subdivisions, the pedestrian and roadway standards and requirements in this code have not been updated since 1983. In the last 35 years, Hawaii County has placed greater attention on implementing the concept of`complete streets', where safe pedestrian and bicycle facilities are provided in public roadways in order to improve the overall health of the community. Lastly, the Subdivision Code provides the Planning Director with the discretion of providing sidewalk improvements and it is the policy of the DPW to require curb, gutter and sidewalk improvements for all residential subdivisions on lots sized 10,000 square feet or smaller. Applicant's Requested Amendment of Condition KK The applicant requests to amend this condition by adding the following statement to the end of the current condition: "This provision shall not apply to any housing units constructed within the WPD and defined as `affordable' by Chapter 11, Article I, Hawaii County Code and so certified by the County Office of Housing and Community Development." a -14- Applicant's Reasons for Amending Condition KK Condition KK requires a fair share assessment for single and multiple-family residential units. It does not apply to non-residential uses. It also does not waive its requirements for affordable housing units. This cost will add, at a minimum, $8,000 to $13,000 more to the cost of developing a multiple-family or single-family residential unit. In so doing, because the profit (if any) margin is already very small, having this requirement waived would make the production of these units more feasible. Further, it would make it more feasible to target the moderate to low income instead of the moderate to moderately higher categories. Additionally, it could incentivize developers to develop more affordable units instead of constructing only the required 20% minimum. Planning Director's Recommendation for Amending Condition KK The Planning Director agrees with the applicant's reasons for the amendment and is supportive of this amendment. Applicant's Requested Amendment of Condition 00 Condition 00: An initial extension of time for the performance of conditions within the amended 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 are not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3) Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). (5) If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -15- • Applicant's Reasons for Amending Condition 00 , The applicant is,requesting an amendment to Condition 00 to allow an additional administrative time extension for time conditions within the amended ordinance. Planning Director's Recommendation for Amending Condition 00 The Planning Director agrees with the applicant's reasons for the amendment and is supportive of this amendment. Lastly, the Planning Director recommends the following revisions to several other conditions: • Conditions J and K related to water supply to recognize the existing 200 water commitment units and the need for a revised Water Master Plan. These revisions are based on the Department of Water Supply memos dated December 17, 2018 and January 11, 2019. • Condition 0 to clarify that the entire WPD must connect to the County sewer system. In their memo dated November 21, 2018, the State Department of Health Wastewater Branch confirmed the project will be required to connect to the County sewer system and the use of individual wastewater systems will not be approved. • Delete Condition S related to preventing vehicular access from the WPD to the subdivisions to the north because this is counter to the standard planning practice of providing connectivity between subdivisions and communities, particularly since the roads within the subdivisions to the north are County roadways that can be widened to accommodate additional traffic. The Subdivision Code allows for relief from connecting local streets if there are topographical constraints, thus some of the roads just north of Pu`u Honu will likely not be connected through, but the roads west of Pu`u Honu, such as Omao Street, S. Wiliwili Street, and Liko Lehua Street should be connected to the WPD. Connecting multiple roadways would help disperse traffic through the subdivision rather than loading all of the traffic on one roadway. -16- • • Delete Conditions FF, GG and HH and add a new condition EE related to archaeological resources to reflect that an archaeological inventory survey, mitigation plan and preservation plan have been completed and approved by the State Historic Preservation Division (SHPD). In their letter dated May 31, 2018, SHPD indicated Historic Site Nos. 14947 and 30294 would be preserved in the form of avoidance and conservation with a minimal interpretation component. A Project District may be established whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for an area should be adopted. Project District zoning is intended to provide for a flexible and creative planning approach rather than specific land use designations. It will also allow for flexibility over time in the location of specific uses and mixes of structural alternatives. The planning approach would establish continuity in land uses and designs while providing for a comprehensive network of infrastructure facilities and systems. A variety of uses as well as open space, parks, and other project uses are intended to be in accord with each individual Project District objective. A Project District is an amendment to Chapter 25, Zoning Code, which changes the district boundaries in accordance with the individual Project District. Since the WPD was approved in 2010, the applicant has taken a number of steps in having the pre-development phase of this property completed in accordance with the terms or conditions of approval. These included such things as the preparation and approval of the overall Master Plan; the Water Master Plan; payment of the water commitment fee; and the like. It also sought and has been working with a developer experienced with residential and commercial developments. Potential tenants, including a major supermarket and a pharmaceutical company, expressed bona fide interests. However, during their due diligence process, the high upfront infrastructure cost regrettably diminished their interest. Regrettably, in spite of the uptick in the global and national economy, securing the required financing to initiate and complete the project and all of the infrastructural obligations continue to be a problem. Much of the attention has thus been directed towards finding reasonable modifications of the -17- \ conditions, as proposed herein. Understandably, the high development cot was clearly something that the applicant did not anticipate when it agreed to all of the conditions. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed amendments are not contrary to the General Plan's Land Use Pattern Allocation Guide(LUPAG) Map that defines the subject property and its immediately surrounding area for Medium Density Urban. The Medium Density Urban designation allows for village and neighborhood commercial, single-family and multiple-family residential uses.(up to 35 units per acre) and related functions,but does not allow for warehousing, manufacturing, and light-industrial uses. Although the majority of the applicant's requested condition amendments are consistent with the purpose and intent of the Project District zoning, the applicant's request to amend Conditions P, Q, and R are contrary to the policies of the General Plan and the intent of providing a comprehensive and effective transportation network for the development. Based on the above findings, the Planning Director recommends that a favorable recommendation for the applicant's amendments to Conditions D, E,I,L,N, KK and 00, and for the Planning Director's amendments to Conditions J,K, 0, S, FF, GG and HH, and an unfavorable recommendation for applicant's amendments to Conditions P, Q, and R of Ordinance No. 10-064 be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 10-064 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck-through; new material is underscored. -18- • ;5MSV•p ............. H1y,., COUNTY OF HAWAII STATE OF HAWAII oR•M,a+- BILL NO. ORDINANCE NO. (Plek n r\n AN ORDINANCE AMENDING ORDINANCE NO. 10 64 WHICH RECLASSIFIED LANDS FROM PROJECT DISTRICT TO PROJECT DISTRICT AT PONAOHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:001, 2-3-044:019, AND 2-3-049:053. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 10 64 is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 [(2005 Edition)] (2016 Edition, as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ponahawai, South Hilo, Hawaii, shall be Project District: SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2005 Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or -1- (B) Fulfillment of the need for public service demands created by the ' proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. [In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance.] Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable." SECTION 4.This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CWailaniAmendREZ.doc 2/6/19 WAILANI DEVELOPMENT, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10-117 (REZ 10-117) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the,stated conditions of approval. B. This project area shall be called the Wailani Project District. C. The Wailani Project District shall consist of not more than 172 acres for single- family and multiple-family residential, senior housing, medical office campus, commercial center,business park, open space and recreational uses, and ancillary related improvements. D. The maximum number of single-family and multiple-family residential units allowed shall be [54-8] 700 units, [which includes a maximum of 333 senior housing units] inclusive of any on-site affordable housing units required pursuant to Hawai`i County Code, Chapter 11 (Housing). The density for multiple-family residential uses shall not exceed 35 units per acre. E. The maximum square footage of the medical office campus, commercial center, and business park uses shall be [M0,000] 420,000 square feet. No single commercial business may contain more than 45,000 square feet in gross floor area. F. The minimum lot size for single-family residential units shall be 7,500 square feet. G. A minimum of 26 acres shall be used for open space and recreational uses, which includes a minimum of 7 acres for active recreational use. H. The uses disclosed in the application, as listed below, and those required as conditions to this Ordinance will be allowed in the Wailani Project District. The provision of other uses not listed will require an amendment to this Project District Ordinance. 1. All uses allowed as a matter of right in the RS, RM, and CN zoned districts. ' 2. All uses allowed as a matter of right in the CV zoned district, except for hotels, manufacturing, warehousing, and light-industrial uses. 3. Open space and recreational uses, including ball fields, linear parks, pedestrian paths and bikeways. 4. Infrastructure improvements. A revised detailed Master Plan of the Project District, [which includes the parking, and other related improvements on the property,] shall be submitted to the Planning Director within two (2) years from the effective date of the amended Project District Ordinance or prior to submission of plans for plan approval or subdivision approval,whichever occurs first. The revised Master Plan shall describe and depict the phasing of the overall development, the location and number of residential lots and units, commercial uses, open space and recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking, and other related improvements on the property. The Planning Director may approve changes made by the applicant to the Master Plan to accommodate evolving land use concepts, topographical/physical conditions, cost, and related matters to assure the orderly and timely implementation of the Project District, so long as the changes are not significant as determined by the Planning Director and do not change the permitted land uses, overall densities, open space requirements, and infrastructure requirements, and are not contrary to the amended Project District Ordinance. J. Upon approval of the revised Master Plan depicting the phasing of the overall development, [The] the applicant shall provide a revised detailed water master plan showing the water system improvements needed for each phase of the development. The plan shall meet with the approval of the Department of Water Supply and shall be submitted to the Planning Director within two (2) years from the effective date of the amended Project District Ordinance or prior to submission of plans for plan approval or residential or non-bulk lot subdivision approval, whichever occurs first. A bulk lot refers to a lot created for the purpose of enabling its subsequent development pursuant to the approved master plan. -2- K. The applicant, successors, or-assigns are responsible for maintaining valid water commitments for the 200 units of water currently available to the Wailani Project District until such time that required water facilities charges are paid in full and necessary water system improvements are constructed and conveyed to the County of Hawai`i Water Board. Before a water commitment for the development can be effected, beyond the initial water commitment of 200 units of water, the applicant shall enter into a Water Development Agreement with the Water Board,pursuant to Rule 5 of the Department of Water Supply's rules and regulations. The Agreement will establish,but not be limited to, the scope of water system improvements required to serve the development, allocation of water to the development, duration of water commitments, timeline for completion of improvements, and payment of applicable facilities charges. The applicant shall also construct all water system improvements as required by the Department of Water Supply through its standards: These improvements may include but not be limited to additional source, transmission, storage and booster pump facilities. L. Construction of[. : - . - e 1,1 e e - •. - -- - -- - -;- . -- - office park and approximately 100,000 square feet of the commercial center] any commercial and residential component of the Wailani Project District shall commence within five (5) years of the effective date of the amended Project District Ordinance and shall be completed within five (5) years from the construction commencement date. [Construction of an extension of Ponahawai Street from Komohana Street to Mohouli Street and related intersection Project District Ordinance, and shall be co $ - -: • - - -- ! . - -- effective date of the Project District Ordinance. Completion of construction may Hawai`i.] Final Plan Approval shall be secured in accordance with the requirements of the Chapter 25 (Zoning Code), Hawai`i County Code,prior to the commencement of construction of the stated uses. M. The following design standards shall apply: -3- 1. Landscaping for the development shall comply with the Zoning Code and Planning Department's Rule No. 17, Landscaping Requirements. 2. The height limit for structures within the project shall not exceed the following: a. Single-Family Residential Development: thirty five (35) feet. b. Multiple-Family Residential Development (including Senior Housing): forty five (45) feet, provided approval is granted by the Planning Director as part of the approval of the site plan in accordance with Section 25-6-46, Chapter 25 (Zoning Code), Hawai`i County Code. c. Medical Office Campus, Commercial Center, and Business Park Development: forty(40) feet, provided approval is granted by the Planning Director as part of the approval of the site plan in accordance with Section 25-6-46, Chapter 25 (Zoning Code), Hawai`i County Code. - 3. The minimum yards (setback) shall be as follows: a. Single-Family Residential Development: (1) On a building site with an area of 7,500 square feet to and including 9,999 square feet: (a) Front and rear yards: 15 feet; and (b) Side yards: 8 feet. (2) On a building site with an area of 10,000 square feet to and including 19,999 square feet: (a) Front and rear yards: 20 feet; and (b) Side yards: 10 feet. (3) On a building site with an area of 20,000 square feet or more: (a) Front and rear yards: 25 feet; and (b) Side yards: 15 feet. b. Multiple-Family Residential Development: (1) Front and rear yards: 20 feet; and -4- (2) Side yards: 8 feet for a one-story building, plus an additional 2 feet for each additional story. c. Medical Office Campus, Commercial Center, and Business Park Development: (1) Front and rear yards: 15 feet; and (2) Side yards: none, except where the side yard adjoins the side yard of a building site used for purposes allowed in RS or RM zones, the yard setback appropriate for the RS or RM district shall be used. 4. The minimum off-street parking and loading space requirements of Chapter 25, Hawai`i County Code shall be complied with. The American Disabilities Act(ADA) requirements shall also be complied with. [N. All project utilities shall be underground.] [8:]N. The Wailani Project District shall connect to the County sewer system. The applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide such sewer line or other facility improvements as the Director of the Department of Environmental Management may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the,, development. [P-]O. [ - - -- . _ - -- (referred to hereafter as the "Ponahawai Street extension") shall be a minimum right of way width of eighty(80) feet and built to County dedicable standards, including the provision of curbs, gutters, and sidewalks, and be built on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director. Upon its completion, the roadway shall be dedicated, at no cost, to the County.] Based on an alignment meeting with the approval of the Department of Public Works in consultation with the Planning Director, the applicant, its successors or assigns shall provide and dedicate to the County a minimum right-of—way width of eighty(80) feet for the extension of -5- Ponahawai Street from Komohana Street to Mohouli Street(referred to hereafter as the "Ponahawai Street extension"). Said right-of-way shall be dedicated at no cost to the County no later than completion of improvements within that portion of the right-of-way, or earlier without improvements, upon request by the County. P. The Ponahawai Street extension and related intersection improvements shall be constructed by the applicant, successors, or assigns in two stages. Construction of the first stage shall commence within five (5) years of the effective date of the amended Project District Ordinance, and shall be completed within ten 00) years of the effective date of the amended Project District Ordinance. Completion of construction may be assured by a sufficient surety bond, meeting with the approval of the County of Hawai`i. Construction of the first stage shall include constructing the entire length of the Ponahawai Street extension with paved shoulders and paved swales for the entire width of eighty(80) feet, meeting with thea approval of the Department of Public Works. Construction on the second pp P stage shall include constructing the entire length of the Ponahawai Street extension with concrete curbs, gutters, sidewalks and drainage improvements, as g p required by the Department of Public Works. The second stage improvements shall be completed prior to issuance of a Certificate of Occupancy for any adjacent commercial or multiple-family development or prior to Final Subdivision Approval for any adjacent subdivision that creates single-family residential lots (not bulk lot subdivision). Q. No lots shall have direct access from either Komohana Street or Mohouli Street, exclusive of permitted road lots. The location of any permitted road lots shall be determined by the Department of Public Works in consultation with the Planning Director. Further, no single-family residential lots shall have direct access from the Ponahawai Street Extension and other proposed arterial streets. R. Unless otherwise specified by the Planning Director in consultation with the Department of Public Works, all streets within the project shall be constructed to dedicable standards, including the provision of concrete curbs, gutters and sidewalks. -6- [S. Only emergency vehicular access from the site to the existing side streets to the north(c.g Wiliwili Street, Malanai Street) shall be allowed. In that event, the applicant shall provide removable barriers (e.g. concrete posts) on these roadways at the property line to prevent non emergency vehicular access. Should the immediately affected existing neighborhood(s) desire to have the barriers permanently removed to allow for unrestricted vehicular access between the site and any existing side street to the north, the Planning Director, upon consultation lift this restriction.] [T ]S. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be designed, purchased and installed by the applicant. [U-dT. Updated Traffic Impact Analysis Report(s) (TIAR) certified by a licensed engineer shall be submitted to the Planning Director for review and approval prior to receipt of Final Plan Approval for each phase of the development or Preliminary Subdivision Approval for each phase of the residential development and not bulk lot subdivision. All additional mitigation measures, including intersection and/or roadway improvements, called for in the updated TIAR shall be implemented prior to receipt of a Certificate of Occupancy or Final Subdivision Approval, as the case may be. In the case of the Final Subdivision Approval, completion of construction may be assured by a sufficient surety bond meeting with the approval of the County. [V-]U. Because of potential roadway noise, there shall be a minimum 70-foot setback from the Komohana Street right-of-way, and a 90-foot setback from the Mohouli Street right-of-way, for any residential structure. [W]V.All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works for review and approval prior to issuance of Final Plan Approval or Final Subdivision Approval, whichever occurs first. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of -7- • Public Works prior to'receipt of a Certificate of Occupancy for any structure or receipt of Final Subdivision Approval for a non-bulk lot subdivision. The \ applicant shall develop a program, meeting with the approval of the Department of Public Works, that maintains the two major floodways free of debris and obstructions, including trees that could be uprooted and clog the culverts during storms. [X]W.Any construction within the Federal Emergency Management Agency(FEMA) designated flood zones shall conform to Chapter 27, Floodplain Management, of the Hawai`i County Code. [Y—.]X. There shall be no construction of residential structures and related improvements or other substantial buildings, or subdivision roads (unless the roads are protected from flooding in a manner meeting with the approval of the Department of Public Works) within areas designated Zone "AE" or "A" on the Flood Insurance Rate Map (FIRM). Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to issuance of Final Subdivision Approval for a non-bulk lot subdivision. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. No residential lots may be created which lack a buildable area. As represented by the applicant, the main Alenaio Stream drainageway shall be kept as an open space area, except for drainage improvements which may be required pursuant to the drainage study, and park improvements, including bicycle and pedestrian paths. [Z ]Y. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. [AA.]Z. The applicant shall contact the U.S. Department of Army Corps of Engineers to identify whether a federal permit is required for any possible work involving the discharge of fill material into wetlands or Alenaio Stream. 1 -8- [B13-.-]AA. The applicant shall contact the State Department of Health as to whether a National Pollutant Discharge Elimination System (NPDES) general or individual permit is required for this development. [CC.]BB. The applicant shall comply with the State Department of Health's regulations and rules related to,but not limited to, Underground Injection Systems, Air Pollution, Food Establishment Sanitation, Water Quality, and Community Noise. [DD ]CC. A Solid Waste Management Plan shall be prepared and submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval or Final Subdivision Approval for a non-bulk lot subdivision. [EE]DD. Pu'u Honu shall be preserved as a natural feature. [FF. An archaeological inventory survey of TMK: 2 3 44:19, meeting with the . . -- ! .. ---- - .. . . . . . . I - . . - _ . - -' • Preservation Division(DLNR SHP` , . . -- . . construction or land disturbance activity on this parcel. The survey shall include cultural property. If required by DLNR SHPD, Pu`u Honu shall be designated as an historic property and assigned an SIHP number.] [_ _. A . . • -- . ... - : .. . . - •. _' - ASA . - • • • • D .. • - - ' ' - - . . . . . . . .• . .. - . . - ,., 11:19.] [HH. An archaeological preservation plan addressing preservation of specified segments of Site 14947 (portion of Hilo Boarding School and Old Mission Ditch) and Pu`u Honu(and any additional sites that might be identified) shall be completed and approved prior to the implementation of interim preservation measures. Interim preservation measures shall be in place prior to the initiation of any construction of land disturbing activities on TMK 2 3 44:19.] EE. The applicant, successors, or assigns shall implement the mitigation commitments for Site 14947 (portion of Hilo Boarding'School and Old Mission Ditch) and Site 30294 (Pu`u Honu) as described in the SHPD-approved preservation plan titled -9- Archaeological Preservation Plan for the 163 Acre Wailani Project, Escott April 2017. [ll-]FF. [Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate arca 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 archaeological clearance from the DLNR SHPD when it is found that sufficient mitigation m-asures have been taken.] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find,protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [J-k]GG. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of a Certificate of Occupancy for the multiple:family residential development or the occupancy of the first single- family dwelling, whichever occurs first. I HH. The applicant, successors or assigns shall make its fair share contribution to [ ] pp �? mitigate the potential regional impacts of development of the properties with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and/or Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any -10- • 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 this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of[$7,'�- 48] $9,195.34 per multiple family residential unit ([$12,059.55] $14,329.89 per single family residential unit). Thetotal amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. [$3,817.17] $4,535.80 per multiple family residential unit ([$5,815.33] $6,910.13 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$120.64] $143.36 per multiple family residential unit ([$280.53] $333.35 per single family residential unit) to the County to support • police facilities; 3. [$371.11] $440.97 per multiple family residential unit ([$554.09] $658.40 per single family residential unit) to the County to support fire facilities; 4. [$16-5A0] $196.54 per multiple family residential unit ([$242.59] $288.25 per single family residential unit) to the County to support solid waste facilities; and 5. [$3,264.15] $3,878.67,per multiple family residential unit ([$5,167.02] $6,139.77 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 L region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the -11- appropriate agencies and approval of the County Council. The construction and land costs associated with the Ponahawai Street extension and the recreational or park area(s) that are dedicated to the County as outlined in Conditions G and L shall be credited against the park and recreational and road and traffic fair share requirements. This condition shall not apply to any housing units constructed within the Wailani Project District and defined as `affordable' by Chapter 11 (Housing), Office, Hawai i CountyCode and so certified by the County Off ce of Housing and Community Development. [LL.]II. Should the Council adopt a Unified Impact Fees Ordinance setting forth-criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [ ]JJ. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. [NN.]KK. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this amended Project District Ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. [O9.]LL. An initial extension of time for the performance of,conditions within the ordinance may be granted by the Planning Director upon the following circumstances: (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. J -12- (3) Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional )ear . Y (5) If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. [PP.]MM. Should any of the conditions not be met or substantially complied with in a timely Director mayinitiate rezoningof the subject area to its fashion, the Planning � original or more appropriate designation. -13- • 114 11, k L LC '11444.--4,4v 3 r AMENDMENT TO CHANGE OF ZONE ORDINANCE NO . 1 0-064 ( REZ 10- 117) •••••. . ♦ <a� S.a t►s� _ " +� xL �CATlON MAP ti W x se < a2 sS4, 'oe se:,°"d°ti t°r` • *V egms , a / �� �e' �� ms , 2. . 6, ., ,.2:1111' .,:,.:,' ,..,•,,'',,,,''''1,,-.<.‘..:, , . ((r r /J t * 1T1 11 1 , '4'4'•'.'•''', % - a 4' t# V4r o "."a` .. P:• f� t ' x •••••%44.'0**" " o • _ ria - - 4t`a• .—,...,...i...-.%•• .�., �„ �' • • .�. • ,�%,` -{ .� >// • nacre a + r'1 '' t hex h� ��z� f ��` a.s a- i sa mat . •. r.. saaa■ :i k!1 Tit, : . 1ti ,$ ik Vt • '''.:77.1'.....%"'S• ______,.__'''''''.- *A.i i „,-, , , ., ,- , . ... ,r_--.--r1 i J4. ,,, \ szy. 2 '`TUA 11* / a X �..., . 'Sdb9A 0z d1AO S1SVHd ]1dH1 NI a1dO1]A1a 19 01 SVM 1J]fOdd ]Hl 'aNV1 JO S9dJV 'OS" EL [ A1i1VWIXOdddd NO ]df11Jld1Sd 1JNi ONIldOddflS GNV '1NOJ doaNIJ f1NOH fl , fld 9H1 ONY SHlbd ONI1JAJI9 aNd ONI)11VM ONlal1JNI ]JVdS N1dO 1AISSYd JO S]dJV 6 [ A1n1VWIXOddd`d ']JVdS N1dO 1VNOI1Vd IJ]d ]All3V JO S9dJY 6'9 Jk1llb'WIXOdddY 'S101 1VI1N]aIS]d A1IWVJ-]1ONIS S6 01 dfl 'SIINfl Tbi1N]OIS]d 06 01 dfl 'SIINfl ONISfOH dOIN]S cgg O1 dfl ')IdVd SS]NISf19 '1J 'OS 000'OO [ b' ']DVdS ivioe9WWOo . .q.� dO '1J 'OS 000'O0 'SldWVJ ]JIJJO 1v3ia1W '1J 'OS 000'0g [ ]O1JNI 01 A1INf WWOJ ]Sfl-aoXIW d JO 1SISNOJ 01 /t90-0i ON 'ado ` z HOf OdHl "0 [ QZ NI a9AOelddV SVM 1JIel1SI 1p�fOd • INV1IVt 3H1�' a as an < • ee o a .-._ _. s c �<.... -.�=x"_az _ 1xz - 6 v e z s I el Si 3r• aci V V • 4 APPLI ANT' S �+ UE s . ND T. F• *WI • II •N • " • T DI TRI T •RPINAN N• . 1 I—O .4 : • CONDITION D (INCREASE MAXIMUM RESIDENTIAL UNITS FROM 518 TO 700) . • CONDITION E (REDUCE MAXIMUM COMMERCIAL AREA FROM 480,000 TO 420,000 SQ FT) e. CONDITION I (MODIFY MASTER PLAN AMENDMENT PROCESS) • CONDITION N (DELETE UNDERGROUND UTILITY REQUIREMENT) • CONDITION L (TIME EXTENSION FOR CONSTRUCTION) • CONDITION P (MODIFY CONSTRUCTION/COMPLETION REQUIREMENT OF PONAHAWAI STREET EXTENSION) • CONDITION Q (MODIFY ACCESS REQUIREMENTS) • CONDITION R (MODIFY CURB, GUTTER, SIDEWALK REQUIREMENTS) • CONDITION KK (WAIVE FAIR SHARE REQUIREMENT FOR AFFORDABLE HOUSING UNITS) • CONDITION 00 (ADMINISTRATIVE TIME EXTENSION) L- W CO O w CZ > L U z z F- 0 < 7, 0Z w _ D V U 0 = Lf) 0UZOc0 Qw � W Z W = J O U C� it::: - • ,A v) w w � Z U - U 2LLI V Z -� Z D Q 3 0 LX O - s s, ° r ,, w Q 1— O Z W I- U CZ 00 U LU Z z W ± Z , w w D = Q c� W ce _Q : * I J = I I = w F- • <: .- CZ e LL Q Q (7) p __ p Z W : M U O „ UJ W Q U c' � O W ' ' u E 0 0LO O �- z O O t Cr) Lw w w � _, 0 Z Z Q Q u_ I- W I- < CI � }- X00 v) - ; '' ___I v) ' w= O Q Z Q „ f- CO Z 0 v, I U ' �" u_ Q I— O f— Q 0 Z _ ;�: .r �` W m Z LU w D ( QI= - °. ' Li UO < - U 0 <Q Q Q U :;; Q Z = _ (r) O = Q W O t N__Iui Li 00LL CZ O � w � Z o O z Q o o f cel Q C LU '— = OD w Q U U mo � F- � U . ZU � O w • W x V) w 0 I`. Z 4.. z z � OaUQ zz 2m � UJ CO Q J w i< • JS _ � z i O ,L = z 0 ce < !— Q U d. < F— < U < 1 . 4.4$.• a' * .5 '2 a . � . . a ....a�• s e & a •; �." .� .�� .tea ati� �:�,_�, n D 0 = 73 ,rn c D > p O n y ov cA rn 70 n 0 K r n D . A) Z 0 D 7 D Z 10 0 r- Oop � zOzDO � o On n rn y Z y 0 0 70 Z 0 D rn z Z D -� 73Z V) D c Z RI n rn rn D Z - 0 70 O rn 0 ...� 0 < � pnrnr= yZ ?° Z cn - O °rn° Y rn _ u, =4 -D — < > :_" O O rn -0 r- D p 7t7 77 r- rn rZ 0rn rn _ Orn 0 -' V) r Z - 70 _rn (/) (/) D 0 O z m = p _ D s rn m D 0p° rn 0- + Z 0 rn Ci) C -< i J -p C 7 rn = O W < D- O rn D X1 v' rn Z D O -i Z O 0 -0 z = z J O > o z OZ O -I Z 0 n - O- rn -ID rnD D O y MOZ -I _ DZ0 nz _ xi TrnO -< Z =- D O O T ,-,-,73 (/)� - Z 1- I 7u rn n D _ \ O D -+ c„ Z rn _ Z ,T = c z O c-<i� -Dv O D n S t" -� rr- D -° n rn 70 D CP n = D p D p rn nl Z rn Z r D . n D71 GO z p 0 73 O Oz rn n O = - O > Z 0 D m _ D _-1 0 -, 0 z -p rn 0 0 O70 0 Z Oy y = v) = rn O v Z n-i rn 0 - 0 I- Z >- `L ww w2 OV) Q LLE lo oU _LL1 , &, Q 1- � p ~ � ►F- wz = UwQwzww 0w w F- w � = ww � 0 � �,; w F- („ v) 0J � w w0 < QQUm < - 0 DwwF- � Q w .... __., W _ QZLL app >- - U O Q Z Q 0 U j Q N 0_ Q Q O i w _ N > t- ~aN w H- w Z F-. U Q > � = w = O w OQwiowZ = = � Z ~ w � Qr- F- w O � >- U X = Z w Z Z O 1- = ( U QO � wQ 4a 4 Ow00w 3Z = F- QUw v, �, � � uOF- D � w (� w U U 0._ - zZ DZ5QU zowwwzUw0 `f wU ww = cnDZ - O < Z >-- --1 >< 01- w21- Z11-107)Q1- OU11- 10 ^wwv) , 1w ce"0 Q w o U 0 U w z O w < LUUu Uz -j u 0 U = w ,—� wOwLOQZOUwZZ F- UZO° Z _ O > � WZL � QD '� - -'0 - mF- w <- w `n � � � U � � C Ci-C O - Q U ZJ3 ^ Q = v, � � U > w � F- ZUUUI- LULZULU - gip o � oz z 0w � „� � w - w Q W � w Q C� Z z • 2- W2ZOzF- u QI ZZ CL-- O O � � oUQQ � 11 = O � Zwo cn �c�nn 0 � O � ,,; ,i � � O �> ,U � zCLU WI v Jv, UOF- w > < J3 = zQwJ v, W < 0 _, 1- < w -JQ 1— Q w ~ < = w CS F- Z WOQCF- � w °' 0Z12Y), TLO it i - cn cn w w W CL Q Q W F- Z U W v' w F- CCw�-�O � 0 Ww0OIX _ U N m < = W F-De w = W � Q 0 � U N O Z U U Q F- Z O 0 Ce z w J Z = Q 0 w -w, WwQQ wJO Qw cio IZ N _j ZOUOP2Ov, ma_ QO > o � NO z � w J F- z Z � � °- owQQQZ ....., �L 0 = 0 OLUZUWE � Z0 > CLUNwO QF- Z Q wLThz F-- zu- ce Z vi 2, U r z O 2. 0cr) L ) O,-,� � `� u, NLwJ O w U Uv) OwUZWU — V)UQZ >>Q � � --�� U wOWQce = u- cm, � Q � w Q. LLI w Z `~o = zv„ OZ („ QJQ = UU - � (L, W J w Z ' LLIZ � = ZS -IF- -1 -102 __I J OZ 0Q Q Ur- O < Usz3U0v, 20QCLv> U APPLICANT'S REQUEST: AMEND CONDITION P TO STATE: BASED ON AN ALIGNMENT MEETING WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS IN CONSULTATION WITH THE PLANNING DIRECTOR, THE APPLICANT, ITS SUCCESSORS OR ASSIGNS, SHALL PROVIDE. _; AND DEDICATE TO THE COUNTY AN 80-FOOT WIDE RIGHT-OF-WAY FOR THE ITHELEXTENSION OF PONAHAWAI-:::::-,:::" STREET FROM KOMOHANA STREET TO MOHOULI STREET (REFERRED HEREAFTER AS THE "PONAHAWAI STREET EXTENSION") [SHALL BE A MINIMUM RIGHT-OF-WAY WIDTH OF EIGHTY (80) FEET AND BUILT TO COUNTY DEDICABLE STANDARDS, INCLUDING THE PROVISION OF CURBS, GUTTERS AND SIDEWALKS, AND BE BUILT ON AN ALIGNMENT MEETING WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS IN CONSULTATION WITH THE PLANNING DIRECTOR. UPON ITS COMPLETION, THE ROADWAY SHALL BE DEDICATED, AT NO COST, TO THE COUNTY) . SAID RIGHT-OF-WAY OR PORTIONS THEREOF SHALL BE DEDICATED NO LATER THAN COMPLETION OF IMPROVEMENTS WITHIN THAT PORTION OF THE RIGHT-OF-WAY OR EARLIER - WITHOUT IMPROVEMENTS - UPON REQUEST BY THE COUNTY. ANY DEVELOPMENT WITHIN THE WAILANI PROJECT DISTRICT REQUIRING ACCESS FROM THE PONAHAWAI STREET EXTENSION TO EITHER KOMOHANA STREET OR MOHOULI STREET SHALL BE RESPONSIBLE FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS WITHIN THE EXTENSION MEETING WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS, PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT FOR THAT SPECIFIC DEVELOPMENT. IMPROVEMENTS SHALL CONSIST OF A TWO-LANE COUNTY DEDICABLE STANDARD ROAD WITH PEDESTRIAN AND BIKE PATHS. THIS DOES NOT PRECLUDE THE AFFECTED DEVELOPMENT FROM MAKING FURTHER IMPROVEMENTS WITHIN THE EXTENSION SUCH AS A 4-LANE ROAD WITH CURBS, GUTTERS, AND SIDEWALKS WITHIN THE EXTENSION. r . f. . APPLICANT'S a Q E T. i.,. t: rte & a- . . 'Is..I.C sa;t..64 .Ta-s.- .}.3 .s. ., . sf '...'- -7— ' @-i $ .a. F..c AMEND CONDITION Q TO ATE: a �' *; _ '=j-a Win. i _' .. . . -, a. No SINGLE FAMILY RESIDENTIAL LOT SJ SHALL HAVE DIRECT ACCESS FROM [ EITHER KOMOHANA STREET OR MOHOULI STREET, [EXCLUSIVE OF PERMITTED LOTS] . COMMERCIAL AND/OR MULTIPLE—FAMILY RESIDENTIAL PROJECTS MAY HAVE DIRECT ACCESS FROM EITHER KOMOHANA STREET, MOHOULI STREET, OR PONAHAWAI STREET, SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS IN CONSULTATION WITH THE PLANNING DIRECTOR, WITH ANY APPLICABLE OFF—SITE IMPROVEMENTS OR MOVEMENT RESTRICTIONS. THE LOCATION OF ANY PERMITTED ROAD LOTS SHALL BE DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS IN CONSULTATION WITH THE PLANNING DIRECTOR. FURTHER, NO SINGLE—FAMILY RESIDENTIAL LOTS SHALL HAVE DIRECT ACCESS FROM THE PONAHAWAI STREET EXTENSION AND OTHER PROPOSED ARTERIAL STREETS. (/) zci17) -_ &, ( OCD D OOrn = rn Z rn p cn z K rrr� m rnD rn v' D v) z r z D D rn cn 0 f"' ci)O m ,u_, s_ D r O n n, 0 n C) D �' O,_ z - m zz )). 73 70 70 -<-< C. _I Z OS. 0 Z 00 O C? -T1 - ,i 0c < M 0rn _ D v' rn r W z r • rn M z O 0 n 0 � 7J � 73 --4 � � 0 rri cp -n rn rri z 0 cn 0 rn 0 -D O D C D 0 = �, O O --< rn rn -n cn C� = rn D < --I = Ci) O rn rr- v> =rri D rn :--1 K D -I O r -v X) y Z D OO Orn z n cn -� rn rn Z D D > rn n % Z r- rri � z O _ 0 O O O m D z n D co c O O I 'u r rn 70 Z 0 rn r rri —, � 0 n v) r O D n m rnp p -niiZ -� D � n O - D G) O rn r- cZ" _-1 Z -r1rn XI D c 0 Z y 0 (/) Z c rn rn D 73 n rn Z 0 c z 0 0 rn h:. O cn D c 0 F ,' -+ O 0 D °r° =, - rn z 0 rn Z rn. • » . w ::. . 0 cn -I • I rn . ffir , • g . n a At ,aa • APP ANTI' w. REQ uES �_ � *� II BY• A6 LrYet ® h•Y .• +1. • •• II. k m♦ n n u ♦ > • .Y at ♦3 r s 9 a8 AMEND ONDITION K FAIR S 1AR A SSM N1 TO ADD THE FOLLOWING LANGUAGE TO THE END OF THE CONDITION: _ • -: -' a,• x waa. !'4:4 E nr+F �_a.e e�a:�, s�,..r ♦ ..''. bm _. THIS PROVISION SHALL NOT APPLY TO ANY HOUSING UNITS CONSTRUCTED WITHIN THE WPD AND DEFINED AS `AFFORDABLE' BY CHAPTER 1 1 , ARTICLE I, HAWAII COUNTY CODE AND SO CERTIFIED BY THE COUNTY OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT. A PPU : NT'. • (m U I iia::r3! } t t 9_3.. v.! • f R 9.:Y . . _ AMEND CONDITION 00 TO STATE AN INITIAL EXTENSION OF TIME FOR THE PERFORMANCE OF CONDITIONS WITHIN THE AMENDED 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 ARE NOT THE RESULT OF THEIR FAULT OR NEGLIGENCE. 2) GRANTING OF THE TIME EXTENSION WOULD NOT BE CONTRARY TO THE GENERAL PLAN OR ZONING CODE. 3) GRANTING OF THE TIME EXTENSION WOULD NOT BE CONTRARY TO THE ORIGINAL REASONS FOR THE GRANTING OF THE PROJECT DISTRICT. 4) THE TIME EXTENSION GRANTED SHALL BE FOR A PERIOD NOT TO EXCEED THE PERIOD ORIGINALLY GRANTED FOR PERFORMANCE (I.E., A CONDITION TO BE PERFORMED WITHIN ONE YEAR MAY BE EXTENDED FOR UP TO ONE ADDITIONAL YEAR). 5) IF THE APPLICANT SHOULD REQUIRE AN ADDITIONAL EXTENSION OF TIME, THE PLANNING DIRECTOR SHALL SUBMIT THE APPLICANT'S REQUEST TO THE COUNTY COUNCIL FOR APPROPRIATE ACTION. ; I CANT ' S REASONS FOR THE REQUESTS THE TIME EXTENSION AND CONDITION AMENDMENTS ARE BEING SOUGHT TO MAKE THE WAILANI PROJECT DISTRICT (WPD) DEVELOPMENT FINANCIALLY FEASIBLE BY REDUCING SOME OF THE INFRASTRUCTURAL REQUIREMENTS, ALLOWING OPTIONS TO ADDRESS INFRASTRUCTURAL REQUIREMENTS, ALLOWING THE ABILITY TO TIME THE INFRASTRUCTURE IMPROVEMENTS TO BE CONCURRENT WITH THE ACTUAL DEVELOPMENT THE IMPROVEMENTS ARE DESIGNED TO SERVE, AND INCREASING THE RESIDENTIAL USES WHILE DECREASING THE COMMERCIAL COMPONENTS OF THE PROJECT. COUNTY ZONING ' . RS-7 5 �� 7.'. i RS-10 - RS-10 • RS-7.5- RS-7.5 ,\ RS-10 / - - _ � r RS-7.5 Air , -_____,,„...„..,,,,.. . ,--____,.__ __ _ ,,,,_ -,----- S-10 'y1 S CN 10 `.. .011: • ,t ------*5.\\ 4111144400, (_____,/\ i. . . ,_-).'.. (---,V,\ r...-N-10 \._______,________--- i ,QRS-..5,� \ lop�400 7 • . **..;,..A„4 4/.-\. ,,›v' '''.' . ',,j\e? ''''.\,\`,.'-''4,Y.z f/tr'.V.0.--' R1S:-7V5,-, , C N 20 r . 4• _ 7: „ 2 , oV..\”'-s---\: \0.,,,,,?. ).-.( i'�7 . _ .)7 : _ CN_20 \ , .\ \ RS'C "L., / � __,N* RSA` �,(/ �Aj ; '- i RS 10i� C ,, ,� PD I , .„, to/ I_,,. '�cN 1o�r� :,,,,,,,\ �` ., Rs-,o v �. ,... . I , .7.,...„ , .. -2, . • .-- ....... .,, . s.„0 1i , lO 11t/. It No' ___. 2 Vii► ��R' \. ...... ,. ,,..,, ,s. \„.. , „. K� n \ �� , ` �' � a ., . f f ,s ,, ,,,,, . , ,, ., _„,,,,... ,,,,,„„‘ „,,..........,,,,--__,...., ‘, . ,„,,, . --, U� -54.., „..,2, ..,,„ ..„,... r. �4 y r� /1 ter, \, � `,,,--7:7-.)',77--\\ \ \ A �v \ y \ '' / 't r ,. - \\,,--- \ ,,,,,,,,,,, ,,,,, a.. :, , ,. ,.,-: E ,,, SFr ,/may/ ,, ,,, / C 0 '/7 :'" f \ w ,. %fir ,r_ \ \\I . \\--:.1_,--, • - .-f `i , --„„4:: , ,,/,\.Nr'''''' 11,--'' ';',. �: -.1 J it..,,,,,,;,, . �. AERIAL PHOTO w t- ., ` ,. i ". fit v£, '. "8 z� ..t 14 ,n .rn ....•4 ' xF y t Itt ft, • .. e - _ 2.`.yrs «S;: q,4 , .,z .E o t �� �� 4 as p 1 fix• , �! f.A .. , t w * V 0 t • :�` 1 t,4. P« `` ► r. fit> .: # }« a. 4fir.;-,.,, ,-,:ii,,,roii,H4/....404.,,,;,-.7.4.,:',.,•-,.,.. ii ryry a ' APPLICANTS ORIGINAL APPLICANTS ' MASTER PLAN (2011 ) 1 i if .11,....,,, t„ T ,,,,,,v,,,„„..,,,,,,,,,,,,,,,_„,._,..,. , .. ,,.., .------- .,..,...,:„.::....„44 ..,, 4,41,011, ,,—.1-14;:t.-„,,,,..:,..„---,„*„ „4„tmai,;,,,4:2,021t;,; ,_._. ._::, 11 ,,i,,,. -:--,. '1': -8.8'--:.---8888 88:;8: 8 ""-E848t888.8.84SattaltaktEJEt"itiiiWfk: 4.8., -';'; '44-:08888:4-8-8 -8 8 ',?AS.'')8:.88,U,S8 ''8-1 - "8 -8"8-8.42V-tiatkif8: 8:8884ekikratti .,8, 888. -'88 8\8, .." ! ..--8"----'.188.,'"''8- 8:8;--1-8 ligiNg ,'778.8• -8 8\ 8.',.7,78 8"88..:F8t4IINtitiagglielt-2888M 8.8'—"''''' '' -8'84i'' (8'8 i 8''''&18X88848‘;8'88874818?8'8% -"1": 8;88'1:7-88'8'. '8'1' 8' -:''It.lifitt- -17','-AlAtillNa iiii , - ----->"-- 'i , .,,, ,_,.. : „.1 k4ti. ..,„..„..--:„:k,,-.,--,,I,' --.'..:-'i: ..---- -........* ' 1,-:;::::- '''''-.„,:.:..; 1"-'. '.."---.7::,----- ---"'"-- . 7;..; -------, -;4__:.._,. :_-.7.----. '-----------.„2„ , ; , - -,,,,,, ..,.....- ,,, _- „.......-" -.... LEGEND: .....- ...,,,,(:. ...."'`'.-' ..,, .,. •,.„. ,,„„.„,_---- ,,. .,... '' --''l -- ::-.:-':: :::'-:- ...""--'- ,8EsiDENUAL ...sCIA8-C'''''''' ..,;:- ,'''''. 81 ,.' E0E110, -8.8e•8 8-1 ... pull“01" •- .....8„..-• 8'.88PEN SPACE- Mar:.USE SEDIC.Si EA SA PLAN 8 84 crEvE SEEMS4S118884A.a+ F.s,k MASTER 7...„„.4,„...,,,,,,...--vm....., WAILANI _ . * . 01 s- 88,,,,..8,88 -,t„:"„: ,,,,,.,,- ',,..•'-'-- - „,.„. Mahar. GRAPHIC SCALE and a Asimoi,,,,..,,,,__ NTS 'APPLICAAMENDED MASTER PLAN (2018) 0 . 1 ,t AI 1 */M--e•,, SI litt, _ ,E „., "trtib,, .:X.,. . c '). \ s.,....,1 t IOW/LC I'' „•.. -;-, ' • , .,. '.,-- ,-5.,se- i . . „ MIXED ... '','.4411,- •-''"'"*"*"..-.."'". '''''2'"" ,.., 443 tiggvZet=,-' ....10.3 • LEGEND: RESSDENTIAL '-.-."-:.%,*...- ...,.... COMMERCIAL CENTER' ,....,,,,,..t_ COLES' PIN NONU . . 404*, .. OPEN SPACE MIXED USE izot&c, ` --- -- ...-----.- *OM go MEDICAL PARK - OA At, , r.H."—''' ,„.......„./... , - , ACTIVEARE.,C,RuTEATIONENs.AL AREA 77::,Cc.7 1 70 4C PuLOOM EXTENSION - 17210 AC TOTAL WAILANI MASTER PLAN GRAPHIC SCALE: 01 Okahera trid Amuse:mists%Ira. DECEMBER 20.,_. 0 9 -18 ±E .1. 1,, ____, APPLICANTSPROPOSED SUBDIVISION SOUTH OF ALENAIO STREAM (2018) It!,11,liiirlilliiiirdrii""' . ., . , \ ----t---'t'\_ , -,-..2.<, T - ', I, i'l t S. H •1 -I . \''' \. _ 1,,•- _, ' ''' '' \\ 7- -- =1.1 , 1 y f: \ VI \ 1 I 125-OTS It i -7/Th r----I-- 11,-----r---\\--\ --- ' ..."--7-----7-"-------- I I „,1' i 11 .v't4-1,',- --,.'tet.Otatt. ' t-----&---, It',---- , —111 ----4---__ t - / \----.., - . L. -...-...././ 1 .... . .......1.... SITE PHOTOS , i • w . fY y • ' ,A View of Property from - - Komohana Street looking west View of Property from Komohana Street looking southwest tis w �` SITE PHOTOS • 4 ♦r a _ �x 6 4 b + • a _ e• v L s f t t a 6 f ♦.Ni+ 4ffi a • a t • Y a 6 Y • • ♦ ¢z Y Y f ro • $ ♦ 6g ♦ aes♦ . , . . a , • , , , . . . . . . . . . . . .. .rarrerr • ••• * •• • =4 • 44 .11.1 . Y . D4 ! Yv n e g e Y . , • a F E _-. • • , Y Y • f a x;p¢e♦ agigagallig 71 View of Property from`d Mohouli Street extension Ponahawai Street/Komohana .,... , Street Intersection ' 4 'itiRFrTOR 'S RECOMMENDATION FORWARD A FAVORABLE RECOMMENDATION FOR APPLICANT'S AMENDMENTS TO CONDITIONS D, E, 1 , L, N , KK AND 00, AND FOR THE PLANNING DIRECTOR AMENDMENTS TO CONDITIONS ) , K, 0, 5, FF, G AND HH OF ORDINANCE No . 10-064. FORWARD AN UNFAVORABLE RECOMMENDATION FOR APPLICANTS AMENDMENTS TO CONDITIONS P, Q, AND R OF ORDINANCE No. 10-064. i n S a Y i s i ♦ t • • r : r AQ y,i• •; ! M1 e tr k • P LI�ANT S R@ U E me i s i - - 9 G R 4 # A e s e t z-a. F- #! _# •3 4. ! • _ a s c xi a5.#..s A •. 4.... ,;..• t s A n • F t s AMEND THE FOLLOWING CONDITIONS OF PROJECT DISTRICT ORDINANCE NO. 10-064 ` •:&:F • •;� %• n ,'7 4'_` ` ¢•,° i , t4,,, • CONDITION D (INCREASE MAXIMUM RESIDENTIAL UNITS FROM 518 TO 700) `! • i#'' �i �� •••i ani •4.4 • 4..14.4,...60.•.%•..4.0,1 � i • a • CONDITION E (REDUCE MAXIMUM COMMERCIAL AREA FROM 480,000 TO 420,000 SQ FT _,.; , 4 i ,:.;. • CONDITION I (MODIFY MASTER PLAN AMENDMENT PROCESS)` 4 R 3 3 Y#i Mti♦ • CONDITION N (DELETE UNDERGROUND UTILITY REQUIREMENT • t 4w,T w44 got ,. . . ,,,. . . . * *.* *•.4, Ile A • t • in ¢ V �. ¢ eF • CONDITION L (TIME EXTENSION FOR CONSTRUCTION) -~ - _' . - �--- • CONDITION P (MODIFY CONSTRUCTION/COMPLETION REQUIREMENT OF PONAHAWAI STREET EXTENSION) • CONDITION Q (MODIFY ACCESS REQUIREMENTS) • CONDITION R (MODIFY CURB, GUTTER, SIDEWALK REQUIREMENTS) • CONDITION KK (WAIVE FAIR SHARE REQUIREMENT FOR AFFORDABLE HOUSING UNITS) • CONDITION 00 (ADMINISTRATIVE TIME EXTENSION) PLANNING DIRECTOR'S A E ' NTS T• QNDITICJNS �'` y.• +. , - a • , K, 0 5, FFGGAND HH . . .: .;. ,.:., ,. _ • • MEND CO DrnON- AND ' "R� ; i � � � = =q_ • OG IZE HE EXIS tqG 200 WATER_ T; COMMITMENT UNITS AND THE NEED FOR A REVISED WATER MASTER PLAN. THESE REVISIONS ARE BASED ON z--THE DEPARTMENT OF WATER SUPPLY MEMOS DATED DECEMBER 1 7, 2018 AND JANUARY 1 1 , 2019. • AMEND CONDITION 0 TO CLARIFY THAT THE ENTIRE WPD MUST CONNECT TO THE COUNTY SEWER SYSTEM. IN THEIR MEMO DATED NOVEMBER 21 , 2018, THE STATE DEPARTMENT OF HEALTH WASTEWATER BRANCH r" CONFIRMED THE PROJECT WILL BE REQUIRED TO CONNECT TO THE COUNTY SEWER SYSTEM AND THE USE OF INDIVIDUAL WASTEWATER SYSTEMS WILL NOT BE APPROVED. • DELETE CONDITIONS FF, GG AND HH AND ADD A NEW CONDITION EE RELATED TO ARCHAEOLOGICAL RESOURCES TO REFLECT THAT AN ARCHAEOLOGICAL INVENTORY SURVEY, MITIGATION PLAN AND �:Y4 PRESERVATION PLAN HAVE BEEN COMPLETED AND APPROVED BY THE STATE HISTORIC PRESERVATION DIVISION (SHPD). IN THEIR LETTER DATED MAY 31 , 2018, SHPD INDICATED HISTORIC SITE NOS. 14947 AND 30294 WOULD BE PRESERVED IN THE FORM OF AVOIDANCE AND CONSERVATION WITH A MINIMAL INTERPRETATION COMPONENT. s- a% . . M u r PLANNING DIRECTOR'S AMENDMENTS TO CONDITIONS .1, K, 0, 5, FF, GGAND HH DELETE CONDITION S WHICH STATES: [ONLY EMERGENCY VEHICULAR ACCESS FROM THE SITE TO THE EXISTING SIDE STREETS TO THE NORTH (E.G WILIWILI STREET, MALANAI STREET) SHALL BE ALLOWED. IN THAT EVENT, THE APPLICANT SHALL PROVIDE REMOVABLE BARRIERS (E.G. CONCRETE POSTS) ON THESE ROADWAYS AT THE PROPERTY LINE TO PREVENT NON-EMERGENCY VEHICULAR ACCESS. SHOULD THE IMMEDIATELY AFFECTED EXISTING NEIGHBORHOOD(S) DESIRE TO HAVE THE BARRIERS PERMANENTLY REMOVED TO ALLOW FOR UNRESTRICTED VEHICULAR ACCESS BETWEEN THE SITE AND ANY EXISTING SIDE STREET TO THE NORTH, THE PLANNING DIRECTOR, UPON CONSULTATION WITH THE DEPARTMENT OF PUBLIC WORKS AND IMMEDIATELY AFFECTED NEIGHBORS, MAY LIFT THIS RESTRICTION.] THIS CONDITION IS COUNTER TO THE STANDARD PLANNING PRACTICE OF PROVIDING CONNECTIVITY BETWEEN SUBDIVISIONS AND COMMUNITIES, PARTICULARLY SINCE THE ROADS WITHIN THE SUBDIVISIONS TO THE NORTH ARE COUNTY ROADWAYS THAT CAN BE WIDENED TO ACCOMMODATE ADDITIONAL TRAFFIC. THE SUBDIVISION CODE ALLOWS FOR RELIEF FROM CONNECTING LOCAL STREETS IF THERE ARE TOPOGRAPHICAL CONSTRAINTS, THUS SOME OF THE ROADS JUST NORTH OF Pu`U HONU WILL LIKELY NOT BE CONNECTED THROUGH, BUT THE ROADS WEST OF Pu U HONU, SUCH AS OMAO STREET, S. WILIWILI STREET, AND LIKO LEHUA STREET SHOULD BE CONNECTED TO THE WPD. CONNECTING MULTIPLE ROADWAYS WOULD HELP DISPERSE TRAFFIC THROUGH THE SUBDIVISION RATHER THAN LOADING ALL OF THE TRAFFIC ON ONE ROADWAY. UNFAVORABLE RECOMMENDATION FOR APPLICANT'S AMENDMENTS TO CONDITION " ♦ Y i r >s.d.t.ws, % p n r 3 4.,.,, a .:-x a . a .. i x tv..... . ': a- HE Pl'tMA'YP RPO O 'TO- Ckir ... .. . ,� .. . . 0,p' ErVT -A"COMPREHENSNE TRANSPORTATION` NETWORK TO SERVE THE DEVELOPMENT AND SURROUNDING AREA. THE DIRECTOR IS NOT SUPPORTIVE OF DEFERRING CONSTRUCTION OF SECTIONS OF THE PONAHAWAI STREET EXTENSION BY INDIVIDUAL DEVELOPERS. • WHEN THE ORIGINAL PROJECT DISTRICT ZONING WAS GRANTED FOR THE WPD IN 2010, THE BASIS FOR SUPPORTING THE PROJECT DISTRICT ZONING IS THAT IT WOULD FACILITATE THE COMPLETION OF THE PONAHAWAI STREET EXTENSION. • THE DIRECTOR IS CONCERNED THAT AFTER THE INITIAL PHASE OF DEVELOPMENT IS COMPLETED THE PROJECT MAY STALL FOR SEVERAL YEARS UNTIL WATER AND WASTEWATER CAPACITY IS INCREASED, WHICH COULD MEAN THAT THE PONAHAWAI STREET EXTENSION MAY NOT BE BUILT FOR SEVERAL YEARS OR DECADES. • THE DIRECTOR DOES NOT AGREE THAT REQUIRING THE APPLICANT TO CONSTRUCT THE PONAHAWAI STREET EXTENSION TO COUNTY DEDICABLE STANDARDS WITH CURBS, GUTTERS, AND SIDEWALKS IS IN EXCESS OF THE IMPACTS OF THE DEVELOPMENT OF THE 1 72-ACRE WAILANI PROJECT DISTRICT DEVELOPMENT, AND THE APPLICANT HAS NOT PROVIDED ANY EVIDENCE SUPPORTING THEIR CLAIM. UN FAVORABLE RECOMM EN DATION FQR APPLICANT'S.at d AMENDMENTS TO CONDITION P =` . m e s ! .,e`F'il! ..-f' Y 'i!'�8-.,.y y. w , .-a ♦.3 . ♦:. n-R a r . n ,. x '- - _ _ . ' !.•#.d s t_d}.! f E d a i.,}.3.. 1 ! { S. + » f.C '.5 - - k v de-3 4 Y 3 t--" 9 4 Y 1 •u -s • THE PROPOSED ROADWAY IS IDENTIFIED IN THE GENERAL PLAN AS A SECONDARY ARTERIAL (80-FOOT RIGHT OF WAY MINIMUM) TO PROVIDE MUCH NEEDED CONNECTIVITY BETWEEN THE KAUMANA COMMUNITY AND DOWNTOWN HILO. • AS A COMPROMISE THE PLANNING DIRECTOR, WITH THE SUPPORT OF THE DPW, RECOMMENDS THE APPLICANT CONSTRUCT THE ENTIRE PONAHAWAI STREET EXTENSION WITH PAVED SHOULDERS AND SWALES, SIMILAR TO THE MOHOULI STREET EXTENSION NEARBY, WITHIN 10 YEARS FROM THE EFFECTIVE DATE OF THE AMENDED PROJECT DISTRICT ORDINANCE. THE ADDITION OF CONCRETE CURBS, GUTTERS, AND SIDEWALKS CAN BE CONSTRUCTED INCREMENTALLY AS ADJACENT BULK LOTS ARE DEVELOPED BY INDIVIDUAL DEVELOPERS. ACCORDING TO THE DPW, THIS COMPROMISE WILL PROVIDE THE MUCH NEEDED CONNECTIVITY IN THE AREA AND ENSURE THE SAFE DESIGN AND COST EFFECTIVE CONSTRUCTION OF THE tr - ; EXTENSIONw �; a t,f w a >.r x a !,77,...74,, ,s+ x + UNFAVORABLE RECOMMENDATION FOR APPLICANT'S . . , h AMENDMENTS TO CONDITION P- DIRECTOR'S PROPOSED . �� �a;Y CONDITIONS , ♦43 • k . _ _ . • if , • .•, Yk ♦ !kY 4} i k ♦�!ikk ;tee f ka¢ f.1. ♦44! _A < ■. #_! 0 • i • 1 k 4 it '.. :� " [P-:]O. [THE EXTENSION OF PONAHAWAI STREET FROM KOMOHANA STREET TO MOHOULI STREET (REFERRED k yi • r (80) FEET AND -BUILT TO COUNTY DEDICABLE STAN-DARDS, INCLUDING THE PROVISION OF CURBS, CUTTERS, AND SIDEWALKS, AND BE BUILT ON AN ALIGNMENT MEETING WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS IN CONSULTATION WITH THE PLANNING DIRECTOR. UPON ITS COMPLETION, THE ROADWAY SHALL BE DEDICATED, AT NO COST, TO THE COUNTY.] BASED ON AN ALIGNMENT MEETING WITH THE APPROVAL OF THE DEPARTMENT OF PUBLIC WORKS IN CONSULTATION WITH THE PLANNING DIRECTOR, THE APPLICANT, ITS SUCCESSORS OR ASSIGNS SHALL PROVIDE AND DEDICATE TO THE COUNTY A MINIMUM RIGHT-OF -WAY WIDTH OF EIGHTY (80) FEET FOR THE EXTENSION OF PONAHAWAI STREET FROM KOMOHANA STREET TO MOHOULI STREET (REFERRED TO HEREAFTER AS THE "PONAHAWAI STREET EXTENSION"). SAID RIGHT-OF-WAY SHALL BE DEDICATED AT NO COST TO THE COUNTY NO LATER THAN COMPLETION OF IMPROVEMENTS WITHIN THAT PORTION OF THE RIGHT-OF-WAY, OR EARLIER WITHOUT IMPROVEMENTS, UPON REQUEST BY THE COUNTY." UNFAVORABLE RECOMMENDATION FOR APPLICANT'S , : ..g AMENDMENTS TO CONDITION P- DIRECTOR'S PROPOSEDxY, >r< CONDITIONS _ �R� �-�� � � � ti ° P# ' • '4';**; P. THE PONAHAWAI STREET EXTENSION AND RELATED INTERSECTION IMPROVEMENTS SHALL BE CONSTRUCTED • e. BY THE APPLICANT, SUCCESSORS, OR ASSIGNS IN TWO STAGES. CONSTRUCTION OF THE FIRST STAGE SHALL ° COMMENCE WITHIN FIVE (5,,,,) YEARS OF THE EFFECTIVE DATE OF THE AMENDED PROJECT DISTRICT ORDINANCE • •," • • • • W ■IN N 0 Y •F T FF TIV SAT OF THE AM ND • PR•J T DISTRI T ORDINANCE. COMPLETION OF CONSTRUCTION MAY BE ASSURED BY A SUFFICIENT SURETY BOND, MEETING WITH THE APPROVAL OF THE COUNTY OF HAWAI`I. CONSTRUCTION OF THE FIRST STAGE SHALL INCLUDE CONSTRUCTING THE ENTIRE LENGTH OF THE PONAHAWAI STREET EXTENSION WITH PAVED SHOULDERS AND PAVED SWALES FOR THE ENTIRE WIDTH OF EIGHTY (80) FEET, MEETING WITH THE APPROVAL OF THE DEPARTMENT QF PUBLIC WORK . CONSTRUCTION ON THE SECOND STAGE SHALL INCLUDE CONSTRUCTING THE ENTIRE • LENGTH OF THE PONAHAWAI STREET EXTENSION WITH CONCRETE CURBS, GUTTERS, SIDEWALKS AND DRAINAGE JMPROVEMENTS AS REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS. THE SECOND STAGE IMPROVEMENT SHALL BE COMPLETED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR ANY ADJACENT COMMERCIAL OR MULTIPLE-FAMILY DEVELOPMENT OR PRIOR TO FINAL SUBDIVISION APPROVAL FOR ANY ADJACENT SUBDIVISION THAT CREATES SINGLE-FAMILY RESIDENTIAL LOTS (NOT BULK LOT SUBDIVISION)." UNFAVORABLE RECOMMENDATION FOR APPLICANT'S AMENDMENTS TO CONDITION Q • IN THEIR MEMO DATED JANUARY 25, 201 9 THE DEPARTMENT OF PUBLIC WORKS INDICATED THEY DO NOT SUPPORT THE AMENDMENT OF CONDITION Q TO ALLOW DRIVEWAY ACCESSES ONTO KOMOHANA STREET, MOHOULI STREET AND THE FUTURE PONAHAWAI STREET EXTENSION AS THESE ROADS SERVE AS ARTERIAL ROADWAYS. • DPW IS SUPPORTIVE OF ALLOWING ROAD LOTS ONTO THESE ROADWAYS, WITH THEIR APPROVAL. THIS IS SIMILAR TO THE FUTURE ROAD LOT ACROSS FROM PU`UHONU PLACE THAT WAS GRANTED PRELIMINARY SUBDIVISION APPROVAL BY THE PLANNING DEPARTMENT. • THE CURRENT CONDITION Q ALREADY ALLOWS FOR ROAD LOTS WITH DPW APPROVAL. BASED ON DPW'S CONCERNS, THE PLANNING DIRECTOR DOES NOT SUPPORT THE APPLICANT'S AMENDMENT OF CONDITION Q TO ALLOW DRIVEWAYS, RATHER THAN ROAD LOTS, ONTO ARTERIAL STREETS. UNFAVORABLE RECOMMENDATION FOR APPLICANT'S AMENDMENTS TO CONDITION R • ALTHOUGH THE SUBDIVISION CODE DOES NOT MANDATE CURB, GUTTER AND SIDEWALK IMPROVEMENTS FOR RESIDENTIAL SUBDIVISIONS, THE PEDESTRIAN AND ROADWAY STANDARDS AND REQUIREMENTS IN THIS CODE HAVE NOT BEEN UPDATED SINCE 1983. IN THE LAST 35 YEARS, HAWAII COUNTY HAS PLACED GREATER ATTENTION ON IMPLEMENTING THE CONCEPT OF `COMPLETE STREETS' , WHERE SAFE PEDESTRIAN AND BICYCLE FACILITIES ARE PROVIDED IN PUBLIC ROADWAYS IN ORDER TO IMPROVE THE OVERALL HEALTH OF THE COMMUNITY. • THE SUBDIVISION CODE PROVIDES THE PLANNING DIRECTOR WITH THE DISCRETION OF PROVIDING SIDEWALK IMPROVEMENTS AND IT IS THE POLICY OF THE DPW TO REQUIRE CURB, GUTTER AND SIDEWALK IMPROVEMENTS FOR ALL RESIDENTIAL SUBDIVISIONS ON LOTS SIZED 10,000 SQUARE FEET OR SMALLER. • PRIVATE STREETS IN URBAN AREAS SHOULD BE DISCOURAGED UNLESS THERE ARE TOPOGRAPHIC CONSTRAINTS, BECAUSE PRIVATE STREETS DO NOT ALLOW FOR CONNECTIVITY BETWEEN SUBDIVISIONS AND COMMERCIAL AREAS. i . r ,, ?i51.� i ' SAND UTLITLINtE RCAF NEARBY SUBDIVISIONS : i i i. ! i d e a ♦ii 1:v e iar i S x PP i i R,- • t k t • • ♦ n .♦ r R . i 4.r P + . k# i c s i • i a n- a;,. '. ._. ':_: ___e_... b-R i e i & d • a ?z: " ° # .` Komohana St.80'ROW ,.../...'....:.:.:..:..:..:.:.:.:.:.:.... :.:..:.:.:.: ::,...:,‘. �� �� sen , , -_--s-_0/___,, ,,� `iii Ponahawai St. 60'ROW e' Pu`uhonu Tract(Prior to 1960) _ 1 1, L 1 �'' Komohana Heights(1971) Zoned RS-7.5 _-- a - o�.° ;� Pacific Heights (1975) No sidewalks - 4 , `� a Zoned RS-7.5 Overhead Electric a+++n+ ". '` r' ,.. 04, Sidewalks '0 --- .-_— , 1;. t } ��...<�• ,*Iv ,, Underground Utility 410., _ _., ___ i. , A." ."V /._ ... ,�''�`'.^E. ,,,. J #Q Rte.... r9 ° _ r Z'...,-.7.00. ,..0 }' ee Kaumana Gardens (1962-65) vi ...:�. 1-�- f . , F ltd tatlNl r • > •t• ,;-':::'-'4?:', � .7,•,* , 1 r , Zoned RS 7.5 v s� T , -, ei� - ,�y Sunrise Ridge (1990-94) No sidewalks �-. Overhead Electric - * a. ' �-.` SidewaZoned lks 10 �`� ' Underground Utility Mohovli St.80'ROW a - Crescent City Heights (1976) r11�`! , tti," Zoned RS 7.5 `'.�'a-.-iii.,'• _ �'t= I. Sidewalks ` r �/`' Kukuau St.60'ROW ` Overhead Electric Kupulau St.80'ROW + is +�" $ ISunrise Estates(1991) Q`4 ___i `;_-=r Zo: iic.ric ed N- -- _ ill O / awaw..i.. ('