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HomeMy WebLinkAboutBACKGROUND REPORT i PalamanuiAmendREZ05-10.doc 11/11/20 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PALAMANUI GLOBAL HOLDINGS LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 132 (REZ 05-10) PALAMANUI GLOBAL HOLDINGS LLC has submitted a request to amend Condition V (Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements)of Ordinance No. 09 132,which amended Ordinance No. 06 105,which rezoned 725 acres from an Agricultural- 3 acres(A-3a) and Open to a Project District zoning district for a mixed-use development known as the Palamanui Development. The property is located northeast of the Kona International Airport at Keahole,between Queen Ka`ahumanu Highway and Makalei Estates Subdivision,Kau,North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. APPLICANT'S REQUEST 1. Status of Project Development: Palamanui Global Holdings LLC ("Palamanui")is the owner and developer of the 725-acre property known as the mixed use"Palamanui Development"on TMK 7-2-005:001, which consists of 695 acres zoned Project District and about 30 acres zoned MCX(Industrial-Commercial Mixed) located just north of the University of Hawaii-West Hawaii campus ("UHWH"). One of the short-term objectives of the Palamanui Development was to help kick start the development of the UHWH,with the goal of creating a university village that consisted of a university and a community. Palamanui has already invested more than$22 million towards the construction of the UHWH and related infrastructure in a cooperative undertaking with the University of Hawaii. Palamanui's work and expenditures that have directly benefited and/or supported the UHWH include: • Funding$4.4 million for the completion of a new road from Ka`iminani Drive to the new University Drive, which is identified as Road 3A in the Kona Community Development Plan("KCDP"); I I • Funding $5.3 million towards the construction of the first phase of the UHWH campus, including a$700,000 contribution for an environmentally superior wastewater treatment system on the campus site; • Designing and constructing an $11.55 million water system to support not only the Palamanui project but future growth of the UHWH campus; and • Installing power and cable to the UHWH campus at a cost of$400,000. The UHWH opened its doors in Fall of 2015. Palamanui hopes to develop its planned University Village which will provide support to the UHWH, as well as to continue assisting with the direct development of the UHWH campus. However, its financial ability to do either has been constrained by some conditions of the Project District ordinance. 2. Proposed Development Phasing Plan: Palamanui intends to develop the project and its infrastructure consistent with the Master Plan known as the"Regulating Plan"contained in Exhibits A-1 through A-11, and Table 4, 8, 9, and 12 of the Application. Please note there are two changes in roadways that have occurred since 2009 when Ordinance No. 09 132 was adopted. First, in the ordinance, Road 6A is referred to as Ane Keohokalole Highway but the alignment for this highway has shifted west to align with Road 3A. Therefore, all references to Ane Keohokalole Highway in the requested amendments refer to Road 3A. Because of this shift, the Department of Public Works has requested, and Palamanui has agreed, to shift the future Road 1 alignment to connect to the northern terminus of Road 3A(Ane Keohokalole Highway) rather than Road 6A. The Palamanui Development will continue to consist of a mixed-use development with 1,116 residential units (inclusive of required affordable housing); a 70-acre business park; 230 acres of open space; a 74-acre Dry Forest Preserve; a 30-acre"University Village Town Center"with a 120-room hotel and retail shopping and commercial amenities to support the UHWH and surrounding businesses; and a 20-acre regional public park. The phasing plan was created based on a Traffic Assessment("TA") dated August 10, 2017,prepared by Austin, Tsutsumi and Associates, Inc. and which is also consistent -2- I with prior Traffic Impact Assessment Reports(TIAR)prepared for the Palamanui project by SSFM in 2014 and 2016. The applicant has modified development components of Phase II and III compared to the TA. A main difference is the Business Park is developed in Phase II of the TA with a signalized intersection at the Queen Kaahumanu Highway- University Drive(Road 2) intersection, rather than in Phase III as currently proposed. In the TA,University Drive would not be connected between the Business Park and University Village until Phase III.The TA concluded that a traffic signal would not be required at the Ka`iminani Drive-Ane Keohokalole Highway intersection until after the completion of a combined 500 residential units; 30,000 square feet of commercial space; and 60 hotel rooms. The 2014 and 2016 SSFM TIAR's concluded that Road 1 (New Connector Road),between the Palamanui property and Mamalahoa Highway, is not necessary to mitigate traffic impacts generated by Palamanui. Based on this conclusion, the applicant believes placing the responsibility of constructing Road 1 solely on Palamanui is not proportional to their project impacts. Development of the property would occur in four phases as shown in Exhibits A-8, A-9, A-10, and A-11 of the Application, and as follows: Phase I Phase I would be constructed just north of the UHWH campus to help facilitate and support the growth of the University. Construction would commence within two years of receipt of all necessary development permits and be completed within five years of the commencement date. • Up to 250 residential units, • Up to 30,000 square feet of commercial space, • Up to 60 hotel rooms, • 10 acres of improved park of a 20-acre public park, • A privately owned and maintained wastewater treatment plant, • Extension of Road 3A(Ane Keohokalole Highway) from UHWH to the University Village Town Center. -3- Phase II Phase II would expand development centered around the University Village Town Center and construction would commence within two years of receipt of all necessary development permits and be completed within five years of the commencement date. • Up to 200 residential units, • 10 acres of unimproved public park conveyed to the County, • Extension of Road 2 (University Drive) from about 1,000 feet mauka and 1,500 feet makai of Road 3A(Ane Keohokalole Highway). Phase III Phase III would mainly be constructed between Queen Ka`ahumanu Highway and Road 3A/Main Street(Ane Keohokalole Highway). Upon completion of Phase III, the public will be able to drive from Queen Ka`ahumanu Highway to the UHWH campus through the Palamanui property. Construction would commence upon completion of Phase II, or possibly earlier depending on market conditions, and be completed within five years of the commencement date. • Business Park, • Up to 50 residential units (for a total of 500 residential units at the end of Phase III), • Up to 30,000 square feet of commercial space in the University Village Town Center, • Up to 60 hotel rooms (for a total of 120 hotel rooms at the end of Phase 111), • A second wastewater treatment plant, • Signalized intersection at Queen Kaahumanu Highway and Road 2 (University Drive), • Signalized intersection at Ka`iminani Drive and Road 3A(Ane Keohokalole Highway). -4- Phase IV(Final Phase of Development) • Continue the build-out of the University Village Town Center and Business Park, • Construct the remaining 661 residential units located mainly between Road 6A and the eastern property boundary,makai of Makalei Estates. • Road 6A would be constructed. • Road 2 (University Drive) would be extended to the eastern property boundary to connect to Makalei Drive, which is a private roadway owned by the Makalei Estates Community Association. • Road 1 extending from the terminus of Main Street(Road 3A/Ane Keohokalole Highway)to Mamalahoa Highway as shown on Exhibit A-1 of the Applicant's Regulating Plan, would be constructed or bonded by the applicant prior to subdivision approval or building permit issuance for the 901'residential unit. 3. Proposed Amendments to Ordinance Conditions: The applicant is requesting amendments, deletions and additions to the following conditions of Ordinance No. 09 132: • Amend Condition S (Scope and Timing of Park Improvements) • Condition V(Scope and Timing of Road Improvements): • Amend V 1 a- University Drive ■ Amend V 1 c3- Queen Ka`ahumanu Highway-University Drive Intersection ■ Amend V2- Signalization of Ka`iminani Drive-Ane Keohokalole Highway (formerly Kamanu Street) Intersection • Amend V3- Road 3A Extension(Main Street) • Amend V4- Road 1 (formerly connected to Road 6A) ■ Delete V6-Makalei Drive ■ Add V7-Road 6A(formerly Ane Keohokalole Highway) The specific requests follow(material to be deleted is bracketed/struck through,material -5- to be added is underscored): Condition S: S. The applicant shall [develep one 20 aer-e park site prior-to the issuanee of the building pefmit for-the 10 1'single family or-ffmiti family r-esidenee widiin the et. provide a minimum of twenty(20) acres of land for a public park and neighborhood open space in accordance with the Kona Communily Development Plan,ten(10) acres of which shall be developed by the applicant prior to issuance of a Building Permit for the 2515`single- family or multi-family residence with the project. The remaining ten 00) acres shall be dedicated to the County at no cost upon its request. A park master plan outlining the park areas and types of improvements shall be submitted to the Department of Parks and Recreation for its review and approval prior to the approval of any single-family residential subdivision agpplication or Plan Approval for a multiple-family residential project. [The 20 aeFe aefive park site shall inelude--. 1) One Pony Plus Leagme baseball seMall field inelading- b) A regulation dugeu4 for-eaeh side ef the field; e) PeFtable bleaeher-s to seat a minim-um of 50. WA h-le.,.,l,eF A- a ble.,e eF f:, e.,.,L, eftl,e s:.7e1:.,ese d) Appropriate feneift to pr-eteet the speetater-s; e)ApprepFiate feneing to pr-eteet the teams; f) lrenein,the per-mete.,Ftl,e 1..,seb ll field; regulationg) ADA weessible pathways to r-eaeh the baseball sefiba4l field from the paFI-Eing areas; h) Plaeement of grass for-appropriate areas of-the field; and i)An iffigatien system installed for-the playi" 2) One Liffle League baseball sefta4l field ineluding - -6- b) A mgulation"gout for-eaeh side ef the field- ble..d of ., a ble.,e e,-for-eac- oft a sidelines• I � d) Appropriate feneing to pf:eteet the speetatefs; f) Fearaing the perimeter-of the baseball I field; g)ADA aeeessible pathways to reach the baseball seftall fFefa the pafking areas; h) Plaeemeat of grass for-appropriate afeas of the field; and i)An ifrigation system installed for-the playing 3) One regulation adukNgh seheel seeeer-field that shall ..lu e. bl ea.l,e.. ., a b.l eaebe..for-earh eareft the sidelines; b) ADA .. sible pathways t., ....1, the serrer-ltiel.l fief. +l,e paFking -e station,e) Plaeement of grass for-appropriate areas ef the field; and 4) One standafd size deg pafk. 5) One eefafeft 30x60 feet, with ligMing, > and ADA =cvrcacivir 6) Ofte paved pafk4ag let with 56 M size par-king stalls and 4 van ar.eessible ADA par-king stalls for-a total ef 60 pa-ved pafk4ag stalls eefmeeted by ADA aeeessible pathways to all aetivity areas of the park, hardened with feneing and a gate se that unauthorized -7- i with the speeifie r-equir-ements to be deteFmined in eensultafien with the DepaF#aei#of Parks and Reer-eafien, and the eoupAy shall ae--': vvFm dedireation.] Phase I improvements for this 10 acre public park shall include one regulation adult/high school soccer field, one baseball field with bleachers, one standard size dog nark, comfort station, parking, landscaping, and related improvements as outlined in the Department of Parks and Recreation-approved park master plan. Phase II, consisting of approximately a total of 10 acres of land, shall be provided to the County at no cost within six(6)months of its request. Condition V 1 a: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 1. University Drive (Road 2- Kona CDP Map, Figure 4-3) within the property from the Queen Ka`ahumanu Highway to Makalei Drive: a. From the Queen Ka`ahumanu Highway intersection un to Road 6A of Kona CDP Map, Figure 4-3 and Applicant's Master Plan, Exhibit A-5 [ (Read 6A Kena CDP Map, Figtim ], University Drive [{2}] (Road 2 of Kona CDP May,Figure 4-3 and Applicant's Master Plan, Exhibit A-5) shall consist of an 88-foot right-of- way public road with two lanes constructed to County dedicable standards and a 60-foot wide right-of-way from Road 6A to the eastern edge of the project property. This roadway -8- I shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka`ahumanu Highway to [ Drive]Kona CDP) inter-serAien with Univer-sity the former Kamanu Street and now proposed extension of the Ane Keohokalole Hi way(Road 3A on both Figure 4-3, Kona CDP Map and Exhibit A-5, Applicant's Master Plan) shall be completed [simultaneous eenstmeted on the State land for-the University of Hawai'i e .] as part of Palamanui's Phase III improvements and prior to the issuance of a certificate of occupancy for any building within Phase III. The remaining section of this roadway from the [Kamanu Stfeet intersection of Road 3A to Makalei Drive shall be constructed as part of Palamanui's Phase IV and dedicated to the County upon its completion. Condition V 1 c3: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 1. University Drive(Road 2- Kona CDP Map, Figure 4-3)within the property from the Queen Ka`ahumanu Highway to Makalei Drive: c. At the Queen Ka`ahumanu Highway, the intersection shall be I improved in accordance with one of the following two options: 3) The intersection improvements with the Queen Ka`ahumanu Highway shall be completed prior to the [opening ef the first building eenstmeted en the Sta4e land for- e -9- I j issuance of a certificate of occupancy for any buildingwithin ithin Phase III. Ij Condition V2: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 2. Kamanu Street(Road 3A -Kona CDP) from University Drive (Road 2)to Kaiminani Drive: The applicant shall construct the mauka half-section of a 120-foot wide right-of-way to County[-]dedicable standards as a two-lane road. The applicant shall construct the intersection at Ka`iminani Drive meeting with the approval of the Department of Public i Works. The intersection shall include a left-turn lane on Ka`iminani Drive. The intersections at the northern and southern end of this road shall have illumination. This road shall also be provided with a utility trench suitable for installation of future street lights by the Department of Public Works or the State Department of Transportation when such illumination is determined to be necessary. The construction of this roadway shall be completed simultaneous to the opening of the first building on the State land for the University of Hawaii or before July 31, 2012, whichever occurs first. Further, traffic signals shall be installed at the intersection of Ka`iminani Drive and Ane -10- I ! III Keohokalole Highway prior to the issuance of building.permits for more than five hundred(500) single-family residential lots and/or I multiple-family residential units, and prior to the issuance of an occupancy permit for more than thirty thousand(30,000) square feet of commercial area and more than sixty(60)hotel units; or whenever the Department of Public Works reasonably determines it is warranted. Condition V3: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map,Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 3. Ane Keohokalole Highway(Road [6A] 3A- Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5): The portion of Ane Keohokalole Highway [(6)] (Road 3A- Kona CDP Map and Road 3A of Applicant's Master Plan, Exhibit A-5) within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road, within this 120-foot right-of-way to County-dedicable standards. [This (Read 1 Kona CDP) ewmeefing Highway 190 with Univefsity the Queen ` .] The applicant shall construct the intersection of University Drive and the Ane Keohokalole Highway meeting with the approval of the Department of Public Works. This roadway shall be dedicated to the County ppon request. [when with Read , (Kona GDP) ] Ane Keohokalole Highway [(6A)], which is dead-ended for future connections, shall have preliminary -11- engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent properties. Condition V4: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 4. New Connector Road (Road 1 - Kona CDP, Road 3A of Applicant's Master Plan, Exhibit A-5): The right-of-way width of Road 1 (Road 3A of Applicant's Master Plan, Exhibit A-5) within the State lands shall be 120 feet. The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of-way width of 88 feet. [Applieai#shaU eeastFuet Read 1, at its sole expense as a two 1 The final design and m i — le of Read 1 shall bee work for-the design of Read 1, inealuding wer-k4ng with the County ef Hawaii to seeufe the right of way for-Read I aer-ass State of 1--ands and pr-@N4ding for-the Geumy of Lia....,;'; to affange the right of... ately owned Wfl-ds. ey.eept that s4eedights shall be installed by the appheant at intefl3eetien with e GA,,nty shall obtain the Completion of Read 1 will be seewed by bond or-other-seeufity -12- meeting the a .,1 of the Planning T:«eete«to guarantee that e6nditien. The bond or-other sBeufk J-`'n"1Trrl be pr-ey4ded prior-to the !- than six(6)years after the a«t;«e right of way; aequir-ed. The t:«,e ex4ension pfevisions ef Conditien RR shall also apply to Road 1. The applicant shall defer the submittal of anv land subdivision or building permit applications for anv residential development beyond the aggregate of already approved nine hundred (900) single-family or multiple-family residential units unless and until the construction cost of Road 1 is bonded or completed either by the applicant or some other entity or if an alternative public road connection between the project area to Mamalahoa Highway becomes available. Delete Condition V6: f6. At the,;Beak.,.) zL7- dAend ��e: Drive, the n plie,«t sl,nil .;.le aC t,.; nts« .to make n of transition t.. Univers;t y Drive Ml whieh«, inelude,but not limited to re.l by the Den.,A a«t of Publie We cc read" and will not be open to the pub4e as a t1,foug1, street, nt;l Read 1 is e e.l for-n„1.1:,,. e l New Condition V7: J V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: -13- 7. Road 6A- Kona CDP, Road 6A of Applicant's Master Plan, Exhibit A-5: Road 6A shall be a public road within a 60-foot wide rit-of-way and constructed in conjunction with any of the project's development requiring access from said road. 4. Reasons for the Request: The applicant has been consistently meeting with the Planning Department through its Kona CDP Design Center and has spent considerable time and money to create an updated Master Plan or"Regulating Plan", which in 2019 was determined by the Design Center to be consistent with the Kona CDP. During this planning process and in dealing with the current financial and market challenges, Palamanui came to realize it would be in the best interest of the community, the UH, and Palamanui to develop the project based on the new KCDP, which was adopted in 2008, just before the adoption of Project District Ordinance No. 09 132. The proposed changes to ordinance conditions are necessary to: (1) conform the Palamanui project to the KCDP and the master plan created in compliance with the KCDP; (2) facilitate the continued development of the UH-West Hawaii campus and align the construction of the Palamanui project with the planned University Village; and(3)update the Palamanui project to current market demand and conditions, including traffic conditions. Specifically, Palamanui is requesting that completion of roadway improvements is triggered with the actual traffic impact or need generated by the development, as supported by the 2017 Traffic Assessment. Despite the extremely difficult economic times since 2008, Palamanui has honored its commitments and spent substantial funds to make its project and the UH-West Hawaii campus a reality. These proposed amendments will allow that investment and work to continue, so that Hawaii Island residents can someday soon enjoy a project that will provide unique educational, housing, and shopping benefits on the Kona coast. 5. Supportive Information: The landowner and applicant, Palamanui Global Holdings, LLC,has submitted the following information in support of their request: • Planning Department(P.D.) Exhibit 1: July 17,2020 letter from Sidney Fuke -14- containing application to amend Ordinance No. 09 132. • P.D. Exhibit 2: September 29, 2020 letter from Sidney Fuke supplementing and clarifying requested amendments. • P.D. Exhibit 3: 2020 Annual Progress Report dated April 17,2020. • P.D. Exhibit 4: November 11,2020 letter from Applicant requesting deletion of Condition V6. BACKGROUND INFORMATION 6. May 12, 1993: Effective date of Ordinance No. 93 45 which reclassified approximately 727.8 acres from the Unplanned (U) to the Agricultural (A-3a) district. The ordinance amended the district classification of a portion of the Palamanui property as well as the Makalei Estates Subdivision. 7. November 21, 2002: The University of Hawaii, which owns approximately 500 acres south of the subject property, entered into an MOU (amended April 16, 2004) with the applicant to discuss joint development opportunities, with the applicant providing critical infrastructure for the University's development. The University selected the adjacent parcel as a suitable site for a permanent UH campus in West Hawaii. The MOU addresses the concept of a University Village. Under the agreement, the applicant will develop a residential/commercial community on its property,with a village town center on both the Palamanui project area and the University's property. 8. October 23, 2004: Notice of the Final Environmental Impact Statement(EIS) was provided in the October 23, 2004 OEQC bulletin. The Palamanui Project initially involved the development of lands in the State Land Use Conservation District. As such, an Environmental Impact Statement was required pursuant to Chapter 343, Hawaii Revised Statutes(HRS). 9. June 13,2005: The State Land Use Commission approves Docket No. A03-744 for the redesignation of the Palamanui property from the Conservation and Agricultural districts I to the Urban district. Condition 5a and 5b of this LUC Decision& Order requires that Palamanui construct at its sole cost and expense, a mid-level road between the subject property and Ka`iminani Drive and a mauka-makai connector road between Queen -15- I Ka`ahumanu Highway and Mamalahoa Highway. Palamanui completed construction of Road 3A to satisfy Condition 5a, and Condition 5b will be fulfilled when Road 1 is constructed. 10. July 17,2006: Effective date of Ordinance No. 06 105, which reclassified approximately 725.224 acres from the Agricultural (A-3a) and Open district to Project District for the Palamanui Development. 11. September 2008: Kona Community Development Plan(KCDP) is adopted by the County Council for the purpose of expressing Kona residents' vision for guiding regional development. The CDP identifies the"University Village"Transit-Oriented Development (TOD) Regional Center on the Palamanui property. According to the CDP, the goal is to use the university use the university as a catalyst for complementary commercial opportunities surrounding the campus and to attract students, faculty, and staff to live on or near campus. The university would hopefully be a center for cultural and performing arts, life-long learning, innovation, and workforce development that would benefit the broader community. (P.D. Exhibit 5- Kona CDP Figure 4-2a"Official Transportation Network Map- Proposed Roads and Transit",Kona CDP Figure 4-3 "Official Concurrency Map") 12. February 2,2009: Tentative subdivision approval granted by the Planning Director for Palamanui Subdivision(SUB 07-000695). To date, this subdivision has not yet received final approval. 13. November 4,2009: Effective date of Ordinance No. 09 132, which amended various conditions of Ordinance No. 06 105. (P.D. Exhibit 6- Ordinance No. 09 132) 14. June 7, 2012: Planning Director issues an administrative time extension for the applicant to complete University Drive from Queen Ka`ahumanu Hwy to Makalei Drive and Kamanu Street(Main Street) from University Drive to Ka`iminani Drive to March 31, 2015, and the Queen Ka`ahumanu Hwy/University Drive intersection to March 31, 2017. (P.D. Exhibit 7-Planning Department Letter to Palamanui dated June 7, 2012) 15. July 26,2013: Palamanui submits application to amend conditions of Ordinance No. 09 132. This application and other amendment applications were returned to Palamanui over I I -16- I the last seven years as they have worked closely with the Kona CDP Design Center to revise their Master Plan"Regulating Plan", which until the CDP was amended in 2019, required that the Kona CDP Design Center approve the Master Plan. 16. July 30,2015: Makalei Drive between the Palamanui property and Highway 190 (Mamalahoa Highway) is deeded from Hiluhilu Development LLC to the Makalei Estates Community Association. The original zoning ordinance(Ord.No. 83 850) for Makalei Estates and the Palamanui lands required Makalei Drive be built within an 80-foot wide right-of-way and extended to Queen Ka`ahumanu Hwy when the makai lands (Palamanui lands) were developed. In 2006, when a Project District was created for the Palamanui development,the County Council deleted this condition(Ord. No. 06 106)because Makalei Drive had already been constructed as a 50-foot wide right-of-way and Palamanui's Ordinance No. 06 105 required them to construct Road 1 as a mauka-makai collector roadway between Queen Ka`ahumanu Highway and Highway 190. AGENCIES' COMMENTS 17. Department of Public Works- Engineering Division: P.D. Exhibit 8- September 22, 2020 memo and P.D. Exhibit 9-November 10, 2020 memo. 18. State Department of Transportation: P.D. Exhibit 10- September 9, 2020 letter. 19. Department of Parks and Recreation: P.D. Exhibit 11 -April 30,2019 memo. 20. Department of Water Supply: P.D. Exhibit 12 - September 21,2020 memo. 21. State Department of Health: P.D. Exhibit 13- September 25, 2020 memo. AGENCIES-NO COMMENTS OR CONCERNS 22. Police Department, Department of Environmental Management, State Department of Land and Natural Resources. AGENCIES -NO RESPONSE 23. Department of Public Works-Traffic Division,Fire Department, State Land Use Commission, Makalei Community Association. PUBLIC COMMENTS 24. P.D. Exhibit 14: Email from Stephen Raymond dated September 28,2020. 25. P.D. Exhibit 15: Email from Aaron Stene dated October 2,2020. � -17- 26. P.D. Exhibit 16: Letter from Kona-Kohala Chamber of Commerce dated October 14,2020. 27. P.D. Exhibit 17: Letter from University of Hawaii, Hawaii Community College dated October 13,2020. 28. P.D. Exhibit 18: Letter from John M. Knox,Ph.D. dated October 15,2020. i i i -18- SidneyFuke, Planning Consultant too Pauahi Street Suite 212*Hilo,Hawafii 98720 •Pura ft.Variance.Zoning Telephone:(808)989-1522 Gell:(808)989-0640 .Subdivislon.hand Use Permits E-mail:sidfuke0hawaiiantel.net •Environmental Reports July 17,2020 WHfR JUL � 6 Mr.Michael Yee,Director RECD Planning Department COUNTY OF HAWAII 101 Pauahi Street Chi PLANNM DEPT Hilo,Hawai'i 96720 AUG 3 2020 t :59 ATTN: Mr. Maija Jackson Dear Mr.Yee: RE: Amendment to project District Ordinance No.09-132 and Time F,xtension of Ordinance No.09-131 (MCX 20) Applicant: Palamanui Global Holdings,LLC Ka'u,North Dona,Hawaii,TMK• (3)7 2-005:001 portion Pursuant to email communications between Ms. Maija Jackson of your staff and this office,there appeared to be a need to make some editorial and technical changes in the report itself. This was compounded by the fact that the original report was dated May 2020 and the copies were dated October 2018. In that regard,please find attached the original and 20 copies of the revised report. For your information and using the May 2020 as a reference,the changes were as follows: a. Page 3—made the editorial correction of Phase VI to IV b. Page 7—articulated the phases of the park improvements,consistent with the representations made to the Department of Parks and Recreation. c. Page 8—added the justification for modifying item 2—signalization of the QKH/University Drive intersection d. Page 9—added justification for modification to the Road 1 condition e. Page 10—added that the spine road up to Makalei Drive would be dedicated to the County(Condition V(1). L Page 10—added the underscore for new language to Condition V(I)C.3 g. Page 11 —added the underscore for new language to Condition V(4)relating to Road 1. We apologize for this oversight and appreciate your staff's diligent review of the documents. We"A that with these changes,the application can now officially be accepted and positioned for an audience before the Leeward Planning Commission in October. or SF Planning Dept. 2IJUL - Exhibit Mr. Michael Yoe,Director July 17,2020 Page 2 Should you have any questions on this matter,please feel free to contact Mr.Roger Harris or this office. Tbank you very much! c1y SIDNEY MA FUKE Planning onsultant Enclosure Copy—Mr. Steve Colon /enclosure via:email Mr.Roger Harris I enclosure via:email s:.v 35 PROJECT DISTRICT APPLICATIOI'�1U �M12� COUNTY OF HAWAII ' PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Palamanui Global Holdings, LLC APPLICANT'S SIGNATURE: — 5). DATE: 5120f20 ADDRESS: 737 Bishop Street Suite 2750 Honolulu,HI 96813 flEPl' AUG 3 2020 A- 3:53 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Steven W. Colon,Paul Kay PHONE:(Bus.) 808-585-7900 (Res.) (Fax} LANDOWNER(S): Palamanui Global Holdings,LLC �'�` LAND OWNER SIGNATURE(S): DATE. 5/20120 [Mav be vettert " LANDOWNER(S)ADDRESS: 737 Bishop Street Suite-275 Honolulu,Hawaii 96813 REQUEST: Project District TO Project District,Amended (Existing zoning) (Proposed Zoning) TAX MAP KEY: portion of(3) 7-2-005:001 STREET ADDRESS OF PROPERTY: 72-3977 Queen Kaahumanu Highway SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 695.28 AGENT: ADDRESS- TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent_ PauKay E H ORIGINAL: : " 737 Bishop Street Suite 2750 Honolulu,Hawaii 96813 jSCA,N - ED +` T UL" MO lj to 134867Py Background and County Environment Report (Attachment to Change of Zone,Project District,and Agricultural Project District Applications) Please use this form as a guide for required information to be included in your Change of Zone,Project District or Agricultural Project District-Background and County Environmental Report. A. SUBJECT REQUEST 1.Details of Proposed Use/Development: a. Project Description The"Proposal development-7 is Palarnanui University Village and mixed use community in North Kona, The site is 725 acres just mauls of Queen Kaahumarm Hwy.one mile north of Kona Airport entry drive. TMK 7-2-05:01 b. Statement of objectives and reasons for the request: Ihis is a request for amendment to an misting Approved Project District Ordinance which covers 695 acres of the Palarnanui lands(Ord.No.09-132). In summary,Palamanui is requesting amendments to Condition V ROADS,Condition S PARKS and Conditions L,M,X, and LL. L Design Standards,M-Variances,X Cul-de-sacs and non ed roads;LL access to ROADS will be public. The reasons for these amendments is to reduce the costs of upfront infiastructure and enable this project to move forward as it will be more financially feasible if the amendments are approved. C. Number of acres/square feet: The Palamanui project is 7225 Acres. d. Proposed units/lots/floor area of proposed building envelope: The existing project district ordinance cam for a maximum of 1116 residential units(W &SF or Apts.). No increase is being requested. Also permitted is a 1210 room hotel,a mix of commercial,industrial,public parks,a 74 acre forest preserve&other open spaces. e. Timeframe and cost: Project Development will take approx.20 years and-cost over$200,000,000 f. Membership size/number of employees and clientele: Ultimate population at Palamarmi could reach approximately 2,750 residents plus hundreds of employees and customers daily. g, Parking arrangement: Parking will be constructed per county code requirements with each phase of development. h. A Traffic Study,prepared by Austin Tsutsumi&Associates describes impacts. This study has been submitted to the County and reviewed by several agencies. A copy isattached: i. Other related information: The Pa armi"University Village's adjacent to the new Hawaii Community College Palammanui should provide. Needed services&uses compatible with the college(which was funded partially by this applicant)( p x.$22 million) j, Propos ort-site and off-site infrastructure: Infiastructure for the Palarnanui project will be constructed by the developer and is described below. Much of the infiastructure will be beneficial to the surrounding community. B. CQNFOR TUIA Q Y P S 2. State Land Use designation: URBAN. 3.How the proposed use is not contrary to Chapter 205A,Coastal Zone Management (existing public access,scenic or open space resources,coastal view planes,and costal ecosystems): Palamanui is located mauka of the SMA&Queen Kaahumanu Hwy.and approximately 1.7 miles mauka from the shoreline. It should not have negative affict on theSMA/coastal zone; (see Palamanui Final EIS.) 4.Applicable goals/policies and objectives of the General Plan: Palamanui will support the mix of housing goals in the General Plan,Also Higher Education,Open space&objectives of the Iona Community Development Plan, 5.General Flan designation(I AG Map): Urban Expansion &.Zoning: "Project District" 7.Community Development Plan.: "University Village Regional ter'and Traditional Neighborhoods, 8.Special Management Area: Palamanui is not in the SMA. C. PHS SI tL C I EILSI TICS A NI)E NMEI I A E €)F PROPERTY AND 8J&RQUNQPQ1Q AREA Physical CharacteristieslEnviro ental Setting: 9. Description of subject property,location,climate,top pixy,slope,soils(including size,shape,existing structures): All this information is contained in the Final Environmental Impact Statement for Palamanui. The EIS was accepted by the State Land use Commission 2005. Generally this is gently sloping North Kona property;similar to the nearby Kona Palisades(residential )&the recently completed Palamanui College. 10. Lava Hazard Zone: Zone 4 11. Distance from.coastline: ApMx. 1,7 miles 12. Agricultural Lands of Importance in the State of Hawaii(AMISH)designation: Not important agricultural land. 13. U.S.D.A.Natural Resources Conservation Services Soil Service Report soil . "See accepted EIS" 14. Land Study Bureau soil g: "l)" 15. Flood Insurance Rate Map(F designation:(Contact Department of Public Works- Engineering Division) ;XZone 16. Existing drainage ways or improvements: No drainage ways or` prove rnnets on this property. 17. Air/no` quality. "See accepted EIS" Historic Resources: 18. Existing archaeological,cultural or historic sites on National Register or Hawaii Register(Contact Department of Land and Natural Resources) DL NR State Historic Properties Division has reviewed and approved the Final Archeological and cultural resources preservation plan for Palanianui. All studies have been completed and preservations areas marked off in the field. PaIamanm has adopted an"Integrated Natural Cultural Resources Management Plan" for the entire project area. MCRMP) This Projects Trails&important sites as well. Natural Resources: 19. Existing floral/faunal resources(any native or exotic plants;any listed or candidate for endangered species): There are floral and faunal resources at Palamanui in limited numbers Malapepe trees, Uhi Uhi trees)these are described&protected in the INCRMP. There is also a 74 acre tree reserve at Palamanui. Along with several Wiliwili trees which are also being protected. 20. Scenic or coastal resources: Protection of these is described in the INCRMP. Valued Cultural Resources: 21. Identify any ti-aditional and customary native Hawauan rights that are exercised in the area;the extent in which the proposed development will affect these rights;and feasible action to be taken to protect native Hawaiian rights if they exist. The Extensive Archeological and Cultural Resources Studies addressed these items. There was a Hawaiian Advisory Committee engaged by Palarnanui at that time. Some gathering of kala is protected even though at present there is very little hala at Palama- Nui. The INC RMP addresses these issues if warranted in the future. Public Access: 22- Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used- Palamanui is inland 1.7 miles from the shoreline. Nearby is the Kahakai State Park which provides very good public access to the.shoreline. The site also does not abut mountain areas. There are several of Hawaiian trails within Palamanui which will be preserved and used for public access. Historic use of these trails is light. Recently the Palamanui College Students have been cleaning some of these trails. 30. Sewage disposal: The applicant will construct a sewage disposal system in accordance with requirements of the Stats Dept.of Health to:handle waste water from the project. The facility will produce R-1 water which will be used for irrigation. 31. Solid waste. The applicant has prepared a solid waste management/disposal plan for Palamanui and this plan has been approved by the County. 32. Police&fire protection: Police and fire access to the site is and will be available over roads within the site developed by the applicant. The already constructed waterline road within Palamanui{a good,one lane road over the main water lines}connects to the Makai end of the Makalei Estates Subdivision road,Makalei Drive. This road is gated but available for use by the Fire Dept. and Police. The new Fire Station,gust mauka of Mamalahoa Hwy.thus has a new way to access the college and the surrounding areas. 32. Schools: Palamanui will be serviced by the State DOE Complex South at the Kealakehe Complm Also,Palamanui has an agreement,whereby Palamanui will provide the DOE a support building at Palamanui. 33. Parks: There are no public parks near the Palamanui property. The existing project district zoning ordinance calls for a 20 acre Regional Park to be constructed by Palamamui and donated to the County prior to construction of 100 or more dwelling units. This zone change request asks to defer that park construction until construction of in=than 250 units and at that point dedicate 10 acres of improved park facilities and convey the second 10 acres undeveloped;The County would improve the second phase,with more fields and facilities when necessary. Within the residential pods of Palamanui more mini parks and public spaces will be provided in accordance with the Kona Community Dewtopment Plan.. 34. tither utilities and services(telephoncicl tricity): TelephonelcabWelectricity facilities have been installed at Palamanui to service the New College. These utilities will be expanded as the Palamanui project proceeds. The developer id for the initial facilities and will also fund their expansion, E. E IITAL A SE A1T AdAi, 'Sl 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: As stated earlier,this area of North Dona has been earmarked for residential,commercial expansion and University use on State and County Plans for years. An accepted Final EIS was done years ago and fully describes the effects of the proposed project. 36. Mitigated measures proposed to avoid,minimize,rectify or reduce impact. Described in EIS 37. Alternatives to the proposed development: Described in EIS 38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: Also described in EIS E. AtiECS=G4 PALAMANUI PROJECT REPORT May 2020 (Revised) PROPOSED AMENDED PROJECT DISTRICT ORDINANCE 09-132 This report is being submitted to support the proposed amendments to Project District Ordinance No. 09-132, ("PDO"). 1. GENERAL BACKGROUND Palamanui Global Holdings, LLC ("Palamanui") is the owner and developer of the North Kona mixed-use residential and commercial project known as Palamanui, a 725- acre development located immediately adjacent to the new University of Hawaii-West Hawaii campus ("UHWH"). Approximately 695 acres of Palamanui is subject to Project District Ordinance No. 09-132. The remainder of the Palamanui project, approximately 30 acres, is subject to Ordinance No. 09-131. Both existing ordinances were effective November 4, 2009. One of the short-term objectives of the Palamanui project was to help kick start the development of the UHWH, with the goal of eventually creating a "University Village" that consisted of a university and a community. In that regard, Palamanui has already invested more than $22 million towards the construction of the UHWH and related infrastructure in a cooperative undertaking with the University of Hawaii. Palamanui's work and expenditures that have directly benefited and/or supported the UHWC include: • Funding $4.4 million for the completion of a new road from Ka`iminani Drive to the new University Drive, which is identified as Road 3A in the Kana Community Development Plan ("KCDP"); • Funding $5.3 million towards the construction of the first phase of the UHWHC, including a $700,000 contribution for an environmentally superior wastewater treatment system on the campus site, • Designing and constructing an $11.55 million water system to support not only the Palamanui project but future growth of the UHWH; and • Installing power and cable to the UHWH at a cost of$400,000. The UHWH opened its doors in 2014, but work is far from complete. Palamanui hopes to develop its planned "University Village"which will provide support to the UHWHC, as well as to continue assisting with the direct development of the UHWHC. However, its financial ability to do either has been constrained by some conditions of the PDO. Accordingly, over the past few years Palamanui has been working with the County Planning Department and other agencies in revising the master plan and other matters. An application to amend certain conditions of the PDO was then submitted on August 10, 2017. However, because the KCDP required, among other things, specific action be taken by the Design Center, and the need to provide clarity relative to the Palamanui Project Report May 2020 project's development timetable, in a letter, dated September 15, 2017, the Planning Department deemed the application incomplete. Since then, Palamanui worked closely with the Design Center in addressing all of the deficiencies noted in the September 15, 2017 letter. This effort culminated in a July 12, 2018 meeting with the Design Center, which included representatives of the Department of Public Works, Mayor's Office, Planning Department, and Palamanui. Based on the meeting feedback and a follow up meeting on August 1, 2018 with the Design Center represented by the Planning Department, and further feedback contained in a letter from the Planning Department dated March 30, 2020, this report was prepared to discuss the updated master plan, its phasing; and proposed amendments to the PDC?. These amendments, while maintaining the substantive essence of the obligations outlined in the PDC}, would make the project financially more feasible to develop. They would also be reflective of the revised Palamanui Master Plan relative to the RCDP; facilitate the development of the UHWH; align the construction of and contributions by the Palamanui project with the planned University Village; and more accurately reflect current market demand and conditions, including traffic conditions. In sum, these amendments, which are described in detail below, would principally affect Condition S relating to parks and Condition V relating to off-site roadway improvements. II. UPDATED PALAMANUI MASTER (REGULATING) PLAN As noted earlier, Palamanui has spent considerable time and money to revise its Master or"Regulating" Plan to further address the spirit and land use principles of the KCDP and proposed amendments to the PDC). It is Palamanui's understanding that the revised Palamanui Master or"Regulating" Plan ("PMP"), which is made part of this report, is now deemed to be consistent with the KCDP and its Village Design Guidelines. Under the PMP, a copy of which is attached, Palamanui would have a project mix of 1,116 residential units (inclusive of the required affordable housing); 70-acre business park; 230 acres of open space, plus an additional 74-acre Dry Forest Preserve; a 30-acre "University Village Town Center"with much-needed retail shopping and commercial amenities to support the UHWH and surrounding businesses; and a 20- acre regional park. It should be noted that while considerable time, effort, and input— both governmental and public—were given, the PMP is conceptual and may be slightly modified to reflect conditions of approval of the current request and actual development conditions such as topography, drainage, archaeological, and so forth. Page 2 of 14 Palarnanui Project Report May 2020 III. PHASING PLAN In accordance with the KCDP and directions outlined in the Planning Director's letter of September 15, 2017, the PMP should also include a development phasing plan for the project. In that regard, the attachment includes not only the PMP but its various development phases. Please note that this phasing plan is consistent with the attached Traffic Assessment ("TA"), dated August 10, 2017, and prepared by Austin, Tsutsumi and Associates, Inc. The TA is also consistent with Traffic Impact Assessment Reports (TZAR) prepared for the Plamanui project by SSFM International in 2014 and 2015. A narrative summary of the phasing plan is as follows: L PHASE I. Phase I will be immediately adjacent and proximate to the UHWH campus to help facilitate and support growth of the University. Phase I will provide entitlements to construct up to two hundred fifty (250) residential units, up to thirty thousand (30,000) square feet of commercial space, up to sixty (60) hotel rooms, ten (10) acres of a twenty (20) acre public park, a privately- owned and maintained wastewater treatment system, and appropriate landscaping. In terms of roadway infrastructure, Phase I would include the extension of Road 3A (herein referred to as Ane Keohokalole Highway) on both the Figure 4-3 of the KCDP and Exhibit A-5 of the PMP and appropriate internal street systems (see Exhibit A-2). Please note that based on the attached TA prepared by Austin, Tsutsumi & Associates, Inc. signalization at the intersection of Ka`iminani Drive and Ane Keohokalole is not warranted until after Five Hundred (500) residential units have been constructed. However, as requested by the Planning Department in its March 30, 2020 letter, Palamanui will agree to installation of this signalized intersection prior to the completion of Phase I upon the County's reasonable request to do so. The goal is to commence construction of Phase I within two (2) years of receipt of all necessary development permits and to have it completed within five (5) years of the commencement date. ii. PHASE II. Phase 11 will include the extension of University Drive (Figure 4-3 of the KCDP and Exhibit A-5 of the PMP Road 2)from approximately one thousand (1000) feet mauka and one thousand five hundred (1500)feet makai of Ane Keohokalole Highway (see Exhibit A-9), and provide entitlements to allow construction of up to two hundred (200) residential units. University Drive will extend up to the Makalei Subdivision. It will have a right-of-way of eighty- eight (88) feet up to Road 6A of the Kona CDP and PMP. Beyond that, the Page 3 of 14 Pa{amanui Project Report May 2020 right-of-way will be sixty (60)feet. Additionally, ton (10) acres of unimproved public park will be conveyed to the Country during development of this phase and prior to starting Phase Ill. The goal is to commence construction of Phase It within two (2) years of receipt of all necessary development permits and to have it completed within five (5) years of the commencement date. iii. PHASE 111: Phase III will provide entitlements to allow construction of the business park, up to fifty (50) more residential units (totaling 500 units), the remaining sixty (60) hotel rooms (totaling 120 rooms), up to thirty thousand (30,000) square feet of commercial in the Palamanui Town Center, another wastewater treatment plant, and the appropriate landscaping. This phase would also include construction of a signalized intersection at the Queen Ka'ahumanu Highway, and extension of University Drive from the Highway to Ane Keohokalole Highway per the amended Condition V(1) below, and installation of a signalized intersection at Ka'iminani Drive and Ane Keohokalole per the Planning Departments letter of March 30, 2020 and the amended version of Condition V(2) below. Upon completion, public traffic will be able to drive from the Queen Ka`ahumanu Highway to the UHWH. Phase 111 would begin construction upon completion of Phase 11, or possibly earlier depending on market conditions. The hope is to have this phase completed within five (5) years of commencement. iv. PHASE IV (FINAL) Phase IV would provide entitlements to allow construction of up to six hundred sixteen (616) residential units immediately makai of the Makalei Estates Subdivision, and allow additional commercial and light industrial space. Phase IV would include the extension of University Drive to service this remaining undeveloped area. The primary road improvements providing access to Phase IV (Queen Ka'ahumanu Highway, University Drive, Ane Keohokalole, Ka'iminani Drive,) would be complete forming a loop road system that included two operational traffic signals. Regarding Road I (Connector Road), a proposed road that connects Palamanui to the Mamalahoa Highway, the ATA traffic study concluded this road is not necessary to mitigate traffic impacts generated by Palamanui. Notwithstanding that finding, Palamanui recognizes that it made a commitment to complete Road 1 and intends to comply with this commitment. Palamanui agrees to defer the submittal of any land subdivision or building permit applications for any residential development beyond the aggregate of already approved nine hundred Page 4 of 14 Palamanui Project Report May 2020 (900) single family or multiple-family residential units unless and until the construction cost of Road 1 is bonded or completed either by the applicant or some other entity or if an alternative public road connection between the project area to Mamalahoa Highway becomes available. At the request of the Department of Public Works, the extension of the Ane Keohokalole Highway (Road 3A) rather than Road 6A would now connect to Road 1. Road 6A would be a new and additional north/south connector road within a 60-foot wide right-of-way. IV. OTHER VILLAGE DESIGN GUIDELINES As outlined in the Planning Director's September 16, 2017 letter, the Village Design Guidelines of the KCDP require the PMP to address land use, transportation system, village center, parks, infrastructure, and the like. At the risk of being repetitive, these guidelines are restated and addressed herein. It should also be noted that some of the Village Design Guidelines for which the PMP is patterned after, do not meet the standards of the prevailing Zoning and Subdivision Codes. As such, rather than identify and list all deviations in the amended PDQ, they will be acknowledged and/or referenced as being consistent and pursuant to the Village Design Guidelines of the Kona Community Development Plan. L Mix of permitted uses and density The attached PMP (also known as the "Regulating Plan") identifies permitted uses and proposed density. ii. Transportation systems including street layouts and standards, transit routes and facilities, and bike and pedestrian pathway Likewise, the PMP reflects bike and pedestrian pathways, transit routes and the like. In the Palamanui Town Center a transitus stop is shown close to the UHWH on the main street of the Palamanui Town Center. Over time, this is planned to become a transit station. iii. Village center, public facilities, and financing According to the Kona Community Development Plan Policy LU-2.6, public financing sources shall pay 100% for a transit station and a major park or plaza within the urban core of the Palamanui Village Center. Palamanui does not have confirmation of this financing at this time but will pursue this when appropriate. Other financing of the Village Center facilities will be private equity or debt. Page 5 of 14 Palamanui Project Report May 2020 iv. Infrastructure requirements, financing, timing On the matter of financing, the project intends to utilize conventional methods, which will include construction loans, equity financing, bond financing, and the like. There is a possibility that the Community Facilities District approach (which is subject to County approval) may be utilized for some of the major infrastructure work. The developer will construct all other infrastructure improvements as represented in the Phasing portion of this report. v. Neic public space standards thborhood park and p The PMP shows how neighborhood park and public space standards will be met. Additionally, as required by the existing PDO, Palamanui is committed to providing a 20-acre community park, ten (10) of which would be improved by Palamanui in Phase 1. vi. Phasing Plan This has been addressed in the previous section. vii. Density Transfer Area Palamanui is a 725-acre project consisting of up to 1,'116 dwelling units and other uses. There is substantial open space reflected on the PMP from which some allowed density has been transferred to the development pads. This transfer enabled the creation of a master plan that is not overwhelmed by development or structures. viii. Planning Process, Including Extent of Consultation With Design Center The Palamanui team has met with the Design Center over ten (10) times in recent years. Palamanui intends to continue meeting with the Design Center as the project is being developed to assure consistency and compliance with the KCDP. V. PROPOSED AMENDMENTS TO PROJECT DISTRICT ORD. NO. 09-132 To fully reflect and implement the revised PMP as well as to make the Palamanui Project financially more viable and, in turn, provide the needed economies of scale and inertia to facilitate the development of the UHWH campus, there is a need to modify certain conditions of the Project District Ordinance No. 09-132. These relate specifically to Conditions S (relating to Parks) and V (relating to traffic and roadway improvements). In that regard, Palamanui respectfully requests favorable consideration of the following: Page 6 of 14 Palamanui Project Report May 2020 i. Condition S (Parks} Modifications to this condition are being proposed to make it more consistent with the principles outlined in the KCDP while providing for phased development. Suggested language to accomplish these objectives could be as follows, with new items being underscored and bracketed [] items to be deleted: "The applicant shall 'develop one 20-acre park site prior to the issuance of the building permit for the 10Vt single-family or multi family residence within the Project.] provide a minimum twenty (20) acres of land for a public park and neighborhood open space in accordance with the Kona Community Development Plan, ten (10) acres of which shall be developed by the applicant prior to issuance of Building Permit for the 251st single family or multifamily residence within the project. The remaining ten (15) acres shall be dedicated to the County at no cost upon its reguest A park master plan outlining the park areas and types of improvements shall be submitted to the department of parks and recreation for its review and approval prior to the approval of any single-family residential subdivision application or Plan Approval for a multiple-family residential project 'The 20-acre active park site shall include: One Pony Plus League baseball-softball held including; A regulation backstop; A regulation dugout for each side of the held; Portable bleachers to seat a minimum of 50 persons in each bleacher-- one bleacher for each of the sidelines; Appropriate fencing to protect the spectators; Appropriate fencing to protect the teams; Fencing the perimeter of the baseball held; ADA accessible pathways to reach the baseball-softball field from the parking areas; Placement of grass for appropriate areas of the held; and An irrigation system installed for the playing field. One Little League baseball-softball field including: A regulation backstop; A regulation dugout for each side of the field;. Portable bleachers to seat a minimum of 50 persons in each bleacher— one bleacher for each of the sidelines; Appropriate fencing to protect the spectators; Appropriate fencing to protect the teams; Fencing the perimeter of the baseball held; ADA accessible pathways to reach the baseball-softball held from the parking areas; Page 7 o€14 Palamanui Project Report May 2020 Placement of grass for appropriate areas of the field; and An irrigation system installed for the playing field. One regulation adult/high school soccer field that shall include: Portable bleachers to seat a minimum of 50 persons in each bleacher- one bleacher for each of the sidelines; ADA accessible pathways to reach the soccer field from the parking area; Placement of grass for appropriate areas of the field; and An irrigation system installed for the soccer field. One standard size dog park. One comfort station, 30x6O feet, with fighting, water, and ADA compliant restroom facilities and ADA accessible pathways from the parking area, constructed to specifications and placed in locations to be determined by the department of parks and recreation; One paved parking lot with 56 full size parking stalls and 4 van- accessible ADA parking stalls for a total of 60 paved parking stalls connected by ADA accessible pathways to all activity areas of the park, hardened with fencing and a gate so that unauthorized vehicles cannot access the park after hours. The 20-acre park shall be constructed to county-dedicable standards with the specific requirements to be determined in consultation with the Department of Parks and Recreation and the county shall accept the dedication] Phase I improvements for this 10 acre public park shall include one regulation adultlhLqh school soccer field, one baseball Held with bleachers, one standard size do-q hark, comfort station, parking, landscaping, and related improvements as outlined in the department of parks and recreation-approved park master plan. Phase& consisting of approximately a total of 10 acres of land, shall be provided to the County at no cost within six(J6 months of its request. ii. Condition V (Road Improvements) Over the past year, Palamanui consulted with its traffic engineer, Austin Tsutsumi Associates ("ATA")to establish when certain road infrastructure would be deemed necessary. A copy of this previously referenced report, dated August 10, 2017, is attached. The report concluded that traffic signals would not be required at the intersections of the Queen Ka*ahumanu Highway and University Drive Page 8 of 14 Palamanui Project Report May 2020 or Ka'iminani Street and Ane Keohokalole Highway until after the completion of a combined five hundred (500) residential units; thirty thousand (30,000) square feet of commercial space; and sixty (60) hotel rooms. Further, it concluded that notwithstanding the requirement, Road 1 is not necessary to mitigate the traffic impact generated by this project. Accordingly, we would like to propose the following modifications to Condition V for your consideration: I Signallization, of the Ka'iminani Street lAne Keohokalote Highway Intersection This improvement would be completed upon the occurrence of all of the following: prior to the issuance of building permits for more than five hundred (500)single-family and/or multiple-family residential units; issuance of an occupancy permit for more than thirty thousand (30,000)square feet of gross leasable commercial area within the Town Center-, issuance of an occupancy permit for more than sixty (60) hotel rooms within the Town Center, or at a time reasonably requested by DPW, whichever occurs first. To accommodate the need for market flexibility, adjustments to these three (3) land use components could be made, provided that there is no change to the overall cumulative traffic impact from which the initial land use breakdown was developed. In the event adjustments are requested, an updated traffic assessment would be submitted for review and approval of the Planning Director and Department of Public Works. Reason/Justification for Modification Condition VIa does not require traffic lights at the intersection of Ane Keohokalole and Ka'iminani Drive and instead required completion of University Drive to the Queen Ka'ahumanu Highway "simultaneous to the opening of the first building constructed on the State land for the University of Hawaii or before July 31, 212, whichever occurs first." Completion of University Drive also necessitates completion of intersectional improvements at the Queen Ka'ahumanu Highway. These extensive improvements cause Palamanui to incur significant upfront cost, particularly when such a connection is not warranted from a traffic impact standpoint. As such, the requested modification is designed to integrate completion of all required roadway infrastructure (University Drive, Queen Ka'ahumanu Highway, and Ane Keohokalole Highway) with Page 9 of 14 Palamanui Project Report May 2020 the actual traffic impact and/or need generated by development of the project. The current PDO language does not coordinate timing on development of traffic improvements with the project's actual traffic impact. 2. Signalization of the Queer► Ka'ahumanu Highway/University Drive Intersection This improvement would be completed prior to issuance of a certificate of occupancy for any building within Phase III and the completion of the developers obligations in Phase I and Phase 11. ReasoniJustification for Modification As noted above, the intent is not to prematurely trigger costly off- site road improvements. In the event access is needed to service a subdivision or development from the Highway, said improvements would be made or alternatively, if triggered by a need to complete University Drive or Road 2. 3. Extension of University Drive to the Queen Ka'ahumanu Highway This improvement would be completed prior to issuance of any certificate of occupancy or notice of completion within Phase I]L Reason/Justification for Modification Again, the intent is to phase completion of these improvements to coincide with the traffic impact thresholds outlined in the ATA traffic study and completion of the developer obligations in Phase I and Phase 11. 4. Completion of Road 1. Palamanui recognizes that it made a commitment to complete Road 1 and intends to comply with this commitment. Palamanui agrees to defer the submittal of any land subdivision or building permit applications for any residential development beyond the aggregate of already approved nine hundred (900) single family or multiple-family residential units unless and until the construction cost of Road I is bonded or completed either by the applicant or some other entity or if an alternative public road connection between the project area to Mamalahoa Highway becomes available. Page 10 of 14 Palamanui Project Report May 2020 Reason/Justification for Modification Briefly, the reasons justifying this modification are: • Compliance with the KCDP. Relative to Palamanui, the KCDP Concurrency Tables and Map identified roadways that must either be in place or built concurrently with the project. Road I is not listed as either being in place or requiring completion. • Appropriateness of Road I to Palamanui. While any new road (such as Road 1)will help regional and local traffic circulation, in this case the updated Traffic Impact Analysis Report ("TIAR") prepared by ATA concluded that such a road was not needed to accommodate Palamanui's projected transportation and traffic demands. This was due to existing and planned road improvements, as well as road- related improvements already required of Palamanui. • Questionable Authority.. Given that Road I is not deemed warranted by the TIAR to address the traffic impacts associated with the Palamanui project and all the cost and obligations of a single landowner to construct a road —while having regional benefits—it is maintained that the obligation may not necessarily be equitable and hence may not meet the "rational nexus" and "proportionality" legal tests. • Cost Impact to Palamanui. The cost to construct a $20+ million Road I prior to any impact or even revenue being generated by this project affects its ability to secure the required capital and long-term financing needed to develop the project as well as to assist the further development of the recently-opened UH-West Hawaii campus. Suggested language to accomplish all of these objectives, with the appropriate time extensions, could be as follows, with the underscored_being new items and bracketed items being deleted: Time Extension for Completion of Queen Kaahumanu Highway Intersection and University Drive (Road 2) Condition V(1) University Drive (Road 2—Kona CDP Map, Figure 4-3) within the property from the Queen Ka'ahumanu Highway to Makalei Drive: Page 11 of 14 WIN I Gliffill ITT"M Mo. Mo . R. .TM 111817M.12 0 . 0 0 • of a Palamanui Project Report May 2020 obtain the necessary right-of-way outside of applicant's property. Completion of Road I will be secured by bond or other secuilty meeting with the approval of the Planning Director to guarantee that improvements will be completed by the deadline specified in this condition. The bond or surety shall be provided prior to the granting of final subdivision approval on the property containing single-family lots. The applicant shall complete Road I no later than six (6) years after the entire right-of-way is acquired.]deter the submittal of any land subdivision or building permit applications for any residential development beyond the a-g-gre-gate of already approved nine hundred L900j single family or multiple-family residential units unless and until the construction cost of Road I is bonded or completed either by the applicant or some other entity or if an alternative public road connection between the"rect area to Mamalahoa Highway becomes available. [The time extension provision of Condition RR shall also apply to Road 1.] VI. Palamanui's plans conform to the KCDP's Village Design Guidelines, As such, no variances will be requested, Sheet A-7 enclosed shows the Village Design Guidelines. 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SO 0) Cl< 0 M 00 Cno 'o (n L :3 o C< Url SD 0 C) En 3 0 CL 0 Ilk, 0 'a 0 5D w 3 CD CD 3 zcnE5. a — 3 7-0,== ohm 0 '0 CD CD CO :3 CD RL ro=r w Er,Oo wcn CD —cn CD CD 0 in-C1 00 lb CL V. -4 zo z 0 z 14 x7n c IN IL 0 : Q 's x w R �y � m � ' Imo_ i SL i o 7. iiiz I � W -{N C �3i no = ° `) o av o R ' X II wN oy< � c°0 c'n a o cn m C 3 w m co IOD =T-2. 13 N - (D_ O CD I, c I 1con ��'cno cc CL cn cn 04 3 SaIr 'D 3 cnII CD m CL L.__. \ o cn 3 —d 5L om w 3 m z m C 3 3 m o o � w Ch CD m CL CL I o Cb 01 II � az /. a TABLE 12.SUMMARY TABLE "This drawing is only a guideline and may vary." Dace 52810 SMARTCODE Nuts:Itsma M REB oro mvl W Kona fill] a tee; MATURAL2ONE =RURAL ZONE SUS•URMN GENERAL URBAN URSIIN ClNTEpI�tED___ >b1M 2nRE 1 a. ALLOCATWNOFZOMESpat PadaNhn Sh9d(apptlaaa wMYda3o" (see Table U} IND F.*&"Ven,•. Ina nak e m �-�. 30 SO% adaadaam RcO wqueaa mmirlun nx applmNa 30%mea. 1 70-40% 0•SD% 20%masa. n. DME MJUDENTUL DENSITY(Bae BOWN 3.91 By Rbhp byvwwo na apparabM 2.4 ail-aC Gma 4•ala b-as Gem Dims papaaarinrq dada OWat FWOM by Yaerlmlata tpaten 10.70% M.3pyL M;,.,,,r c BLOCK ffiE sbaepatbrae, YYlonran .eTaNaYi ),0000.mu 2400•M. IXIDIL d. TNOROIIGNFARES(Sae Table 21 •].DDD a ran psmv Mntarm 11w eppo»a pamdla mIpama0,d .r1 pemaMa ppanMMd . BV npl pa naed motes Pff ftd oho AV nal pam0ed tit AX60 la pemMm Prmlid CS Mpemkled bapptO3la nd panLm twmMtd pp,MIW OR pantYeO Int Alpalbat pamlMd panitl DallaMtd Si panlWt6 na teekalf PemNea pem+YeO Pam,nad �peedMd RD b abpambM penlelyp IW pMnpold rw pemMltd nod paned ad Rua Lam pmratad ad app Xk Waited pama3ad np pMnwed w"Mad Rw May rnl PalnA•rd nd app•c�M nal pemKMd epkvW 1.a.ya W"laMaaf tlMew apWad nd Pamded "NaIN Path pelmlam nd i'appNM Pan'Oed ml pa aim ;em - Paawpa nM patmlMd mlappAmtMe penlatMd pa.lKad � ekYde Tme pamead iia l/plstlr. -7190 nd pNllal:ad•• pmntlm peedyd skyaM Ltm p-irttled b aaP4aM peraMbm penlrbed pa adled skyeA Rana nq.ypetea, paedMd pe.nwl pealrtd a. CMC SPACES(S.Tbla l+l 'nd 1pWW lW m**W d ear WO am bled to 150 MM Pa bbd hesvol alb rndl nnwear rb pmaaatd wMMa+ WVanalr mtaptemaM Pal` apgaW panaaan WYhnaM Sr WaaaM ale apNupe Cu9lrMsna oandbd nd appkA* Med panaa7d patnaLrod lnlyalmtllt 0nen roe paraba0 ad acpulaa paRCNM pmleyd In moo". Bquae pirated roteppabM aarnMed naM4e Ia rM Pim pMMMd nM .rM pamslad pmntled .W .-:d nal levbw PWAmund Irpatpeuae pennYd PweMted •wi nd Womr L LOT OCCUPATION La WIdN nal execkk na appdaae 100.morose., la lL to no 15h mn IMIL meat PataMylonapane LM Ce,a.0araapyot* ml atm W%erm 70%mu e9%maa par aaaMy pnn+Oopda G SEIFBACKS PRWWAL DIALDING III"TNM 131 (p.11FmMSdbwkPdhdpd aPplmGy ��icaaM Name. n.m1L 150.arL ana 121. 0 pata.iy paegmda (9.2)Flotlsewas.maduy nMKpNude 1w4a1 Ifamn. R.mAto raL 011IM 12IL MIL pamat)mat9mde (p 3lsms aWN naappkaaMe uppeaha maw, 0ka- 7amn.t211— pamWypaagmde (9A)Rw Sefta nd appeoae +poc" S.nm 3 a mn• 31L—- P mw*v mfty mde Fmnyya Ba190oW nal app5uats appaa.ne SD%mn. 70%mn. ED%m Pen MyMy tamp able h SETBACKS-OUTBl1adNG Aw Table 13) •a 15 a ban mnlsata of Rw Aley flats SMbac4 rot 40.1 b ml tlp{YraMf a m.bI4 wbadt 20 a mA•ft mMdl 0.ma.hm ma pmp ow many tarp mda Sia SMbaN ndMWkatb naapMvw 30.elaa 0amh.a30. 0.mn pr maMy para aade Rw SMbm* nd appemle naapYa." mrkh 3L 3amn pa oaa.ypmlt9 Dads auum DWOMM par Table n EdW.d pmftw naappleow le,W ad nd.iVmde SW"wd rape vied ad tl9riliM Pamlen nal appbhe RwYald napa•lel ale applotAe Prm'yd Pn*Ir0 Ira q0-& CPM1111"d Id pavNYO m1 aJroiltaaM in" ry variant paean a(ntaabM PRIVATE FRONTAGES On Table 51 •vn tat•mrt FmM SelwL caersal Yard appeade na tapeaabr na penndkd leer Pa^aeed nd appealae Lassie Faso appimm na appwb,l pemtMd gYrirmM rat apphada Texan.Deeryam appkxle nm apptu!1M nd pa'"M r.rdbe int pp4i�a Fammud apOkWe roe•Kimble IW Peulme I tea'laad Pap MM .n applicable $1Map wpr" na appAmaM m11wm td pelmLYd patrtA.o to aipesl+a auaptmld epPaahe nd appSstM not PemM11d parmk m pemmw nal appctlMt QWWY mla(g1oW eat appkrb6 aswmw aahatad DevrtYd nal aWLM- pww q la ai a00 c" ted apo4npr ad pamNm ml p.Wad nal penMdd ro mmR e" a SUMMIG CONFIGURATION(Sm Table Sl PIIncIpM owming spocol apkable 2aanmmsL :halm vasa 0ea eda 11 6etaw mu2mal' permad/tarq Daae OaMMN415 te appkable aoraoue .30 aamn 2darana, t$ammai pa-ay tarsi eld BWLSINO FUNCTION(Sm .S and Table 15) '1 by pwn%Md by WxnW RwWamM appbabM rataMPempM a4Mp4dlke blAw— was Patcommaagcoda IodOUq rat.Pomba ea.pwr mabkMduse bn"dm► uw pat=say r--vane O1501 IMpambM IolalpamW ae3ldad use %rA*dm im pMaaa41M-400da Rabdl 10 aWkWe 10aePlLMas iealrMd use badedum um pataalyimmn* Light, ml aNhmble halappiade ad appfoUe m.;pone b1 VAnatd Pa eaady m-0wm ARTICLE s ARTICLE 3.4 NOW I One Wy t."w pmt bd emled nma aaaa d 30%pa POD lea d kW pa. 1 N Wameh MW be pipaad 0T Dexta. .S,CiEven SNMTCODE VERSION 9.2 Date 5.28.20 "This drawing is only a guideline and may vary." TABLE 4. PUBLIC PLANTING Table 8 is for reference only and not mandatory, The Landscape Architect shall be alowed to specify the types of plant material for each Transect Zone. 1 1 Columnar Oval Rounded Conical ,T Spreading Vase Date 5 28.20 "This drawing is only a guideline and may vary." TABLE 8. BUILDING FUNCTION This We eaftWmes Buddsv FurxUorts wilm Tnwmd Zones. Parkug regrmamerrb are Co. to harttiarnaC n*m q For Spw&Fw tier tial Lisa pwmilad By RqM or by WarraK sso Tabla 10 a. RESIDENTIAL Restricted ResidenW The riu nber of drewirga an Lunttcd Residential:The mull er ofdnawit V on each Resxkftot The amber of dawbnga on each each Lot nabx6ed 10 one widen a Prxncpd&aiding Lot is united by the regtrirerrwnt of 1.5 PAM spaces Lot Is finked by the ngummt of 10 par"pine" mrd one okhm an Accessory SuA ft with 2 parking for oath dwesarp,a ratio wfi may be reduced ftw each dhroErg,a ratio which may be rodrxod cpmes for each. Both I 9 "he under sir0a acoordirp to Oro shmed Palang atarxbrds(Sae Tabb acco rdi m to the dwred Pm"de ww&(Soo Tablo ownerchq. The habitabie area ofthe Accessory UrA 11) 11}. Ault not meed 440 s.t.excludag the pertong area. b. LODGING Rostriaod Lodging:The nuaber of bom ms Lbnhod Lodglrtg:gra rneniW Of bedr0ana aralabia Lodging: The mrnber of bedroom aroilopte on evadable on each Lot tot bdgbg to fanged by the on each Lot for lociIiM a Frdad by the reWensertt of each Lot for nodding is fmied by the mgmsnerd of 10 repwsrrrrt of 10 a pat"plate for each 10 seagull pskng Piece for each b+drom.up to wawsecl pntr"place for sash bec#oarn Food bedroom,up to faro,in a kkon to Ow pmtmp bRMin Addh"10 the owing requraewrt fat Ore $4100"may be prWided at d bras.The area n"unet for One dwe The Lo"rtrwt be divefkng. Food sense may be provided m the am aibcrnted forbW arms strap be cdaAraed with owner occupied Food service may be provided In ft Thanuad.u.le o of emy aw rot emceed ten days. parldrq eocardmg b R stall Futdlat em The mmmm Iagth of slay ehai not exceed tar days C. OFFICE Restricted Office: The kfift dna available far United Offxe: The bi ft am avai nbh for office Opan Office:The bjl&g ares available for office use office we on each Lot is restricted to the frit Story of use on each Lot is ranted to Ow fid Slay of the on each Lot is&road by the Mit irsrnwt of 3 Ota Principal or to Aece"ory Buil ft and by the Prinapal&dkV-Adv the Aocessay&dft and by nuMed parking plao"per 1.We apsane fed of net nauirarrwrt 0M aesigrwd Pwft Ph"Per 100 die rotirarrert of 3.0 asr1i; parkurq places par offics space square bat of not office space In addiliorr to the 1.000 apicis fret or net office spree in add8on to the perkirg f"karrne nt for ach dm& pulav rowirrnart for each flawing. d. RETAIL Restricted Mack The MMM sea aveI W for ILWed Rgm The bolding as evadable for RaW OW RMIl:The buts ft eves rrrninn6ls for Retail use Reiff use is nubmted to ova aleck carrier buena at use is farted to On fast Story of br&MM at torsi a inrbd by dw raqursrrst of 3.0 assigned paric g the fret Story for aech 300#Awing wits and by the not mare than as.per Block.and by tlw PIAMPar 1.000 wrerme of 4.0 nognsd puking places par 1,000 requvernent of 4 0 apron feet of ran Retell apace Ratml rag ssagiwd psi P�"par 1,000 span"ands 1.500 square fed an a>rmpt(ion spinas fat of rttl ReW spate b adclilion to fhe tpuare fad of rat Retail space in mk f m to the parking poking raquivnwh pafty reoAre neat of each dwellm The epesifie use requi m wt for each dweft The speck use dug shall be further*MW to neighbodwod store.or food be firdw►bnibd to rn60*c fwd store or food an= sarwce saMN no awn than 20 easing no mora Ours 40 e. CIWC See Table 12 See Tubb 12 T"1z L OTHER 18ce Tabb 12 s"Tubb 12 T"12 TABLE 9. PARKING CALCULATIONS The sten of Cts regtmed par"for any two Anctions fisted on Table 9a below when divided by the appropriate Shared Penning Factor in Table 9b:produces the achrai parkrirng needed for each site Conversely.the actual parking may be rtatlfiplied by the Shared Parking Factor to determine the Effective Patkrrtg credit that controls the possible densities 9A:REQUIRED PARKING 98:REQUIRED PARKING FACTOR Furncrlan with Fumbon RESIDENT114 2.0tdwe" 1.5/dwellitg 10/dwelbng LODGING 1.0/dwelfirlg 1.0mweifng IOldwang OFFICE 3.0M,000 sot. 3.OM,000 sqA 3.0/1.000 sq.n_ LODGING LODGING 4,011,000 sq.ft. 4.0M,000 sq.f1 3.0/1,000 sq.& CMC To be data deed by Werrartt 1.0 OFFICE OTHER ITO be determined by Wwralt RETAIL 11 11 1.4 1.0 1.4 1.2 1.7 1.7 1.2 1.3 1.0 1.3 1.2 1.2 1.0 57 ATAAUSTIN, TSUTSLMI & ASSOCIATES, INC, SURVEYORS CONTINUING THE ENGINEERING FF=,ACTICE FOUNDEC BY H. A. R. AUST,tN IN 1934 ACRIENNE WLHI WONG,P E,LE ED AP -0 E-ANNA MR RAYASF"r FALLK A-R i T A r-E ERIK S KANESARO LP L S_LE-:L-AP MAT-T K NAKAMOTO,F--- GARRE 7 K TrjK'UOKk P.E #117-056 August 10, 2017 Mr. Craig Luke R.M. Towill Corporation 2024 North King Street, Suite 200 Honolulu, Hawaii 96819 Dear Mr. Luke: Subject: Traffic Assessment for Palamanui Project North Kona, Island of Hawaii, Hawaii This Traffic Assessment (TA) report documents the findings of a traffic study conducted by Austin, Tsutsumi, and Associates, Inc. (ATA). The Project includes a mix of residential, commercial, industrial, hotel, open space and educational related facilities, A Draft Traffic Impact Analysis Report(TZAR), dated September 2016, was completed for the Project by SSFM International (2016 TZAR). It is our understanding that the client is seeking guidance regarding roadway phasing and anticipated roadway improvements as a result of changes to the site plan and phasing for the first three (3) phases. The Palamanui Project is hereinafter referred to as the"Project". PROJECT OBJECTIVE & DESCRIPTION The objective of this Traffic Assessment (TA) is to build upon the 2014 TZAR and bring it up to date with the proposed Project phasing as well as establish the basic road infrastructure required to address the Project's traffic impacts, The Project three (3) initial phases will consist of up to 500 dwellings units, 60,000 square-feet (sq ft) of commercial land use, a hotel with capacity of 60 rooms, and 70,000 sq ft of light industrial use as well as the construction of the signalized Queen Kaahumanu Highway/University Drive intersection and the extension of University Drive through the Project to connect with Main Street and the Town center area. Upon buildout, Palamanui Project is envisioned to consist of 1,116 dwelling units, 120 hotel rooms,and commercial and industrial uses. Parks and other amenities are also being proposed. Table I provides a comparison between the 2016 TZAR and the proposed new Project densities. Table 2 shows how the Project phasing and trip generation compared to the previous assumptions. Table 1 -Land Use Densities Comparison Land Use SSFM 201€3 2017 Proposed Densities Densities Single Family (Dwelling units) 300 250 CondominiumlTownhouse(Dwelling units) 300 250 Hotel(Rooms) 1201 60 Shopping Center(1,000 sq.ft.) 210 60 General Light Industrial(1,0001 sq.ft. } 90 70 Total Trips generated AM/PM 90512,088 493/729 Table 2-Project Trip Generation AM Peak Hour PM Peak dour Land Use[ITE code] Density Total Enter Exit Total Enter Exit Single Family Detached Housing[210] 125 99 25 74 129 81 48 Units:DU N Condominium/Townhouse[230] 125 62 11 51 73 49 24 C4 Units: CSU Shopping Center[820] Units:l 000 Sq.ft. 30 76 47 29 268 129 139 General Light Industrial[110] - a. Units:1,000 Sq.ft. Hotel [310] 60 32 19 13 36 18 18 Units: Rooms Trip Reduction 4 (2) 2 98 49 (j9 Phase I Total Trips Generated 265 100 965 408 226 180 Single Family Detached Housing[210] 175 133 33 100 174 110 64 Units: DU Condominium/Townhouse[230] 175 81 14 67 96 64 32 o Units: DU Shopping Center[820]Units:1,000 Sq.ft. 4 76 47 29 268 129 139 General Light Industrial[110] 70 65 57 8 68 & 60 o Units:l 000 Sq.ft. Hotel [310] 60 32 19 13 36 18 18 Units:Rooms Trip Reduction 10 5 5 114. 57 57) Phase 2 Cummulative Total Trips Generated 377 165 212 528 272 256 Single Family Detached Housing[210] 250 185 46 139 240 151 89 Units: DU t CondominlumlTownhouse [230] o Units: DU250 108 18 90 128 86 42 ` Shopping Center[820] " Units:11000 Sq.ft. 60 115 71 44 426 204 222 0 General Light Industrial [I 10170 css 07 0 oa o 00 Units:1,000 Sq.ft. Hotel[310] 60 32 19 13 36 18 18 Units:Rooms Trip Reduction 12 6 6 169 84 85 Phase 3 Cum ulative Total Trips Generated 493 205 288 729 383 346 ° �� �|� . SL'p"Evc"4S Mr. Craig Luke August 1D. 2D17 R.yW. ToviUCorporation STUDY METHODOLOGY This assessment uses assumption and projections made inthe 2O18T/AR, which include but are not limited to: w Growth rate and trip distribution w Background projects trip projections = |nhenla| capture rates — different internal capture mahaa were based on the National Cooperative Highway Research Program Report 684 Similar buthe 2D16 -[|&R,this assessment will evaluate: • Phase 1. 2 and 3traffic operating conditions during the AM and (PM) peak hours of traffic adthe intersections studied inthe 2OYGT|AR. ~ If necessary, recommendations for roadway improvements or other mitigation measures, as oppnopdahm, to reduce or eliminate impacts resulting from traffic generated by the Project. ANALYSIS METHODOLOGY Level of Service (LOS) is a qualitative measure used to describe the conditions of traffic flow at intersections, with values ranging from free-flow conditions at LOS Atn congested conditions at LOS F. doted 2010. includes methods for calculating volume to capacity ratios, de|ays, and corresponding Levels of Service that were utilized in this study. Analyses for the study intersections (see below) were performed using the traffic analysis software Synchro, which is able to prepare reports based on the methodologies described in the HCyN. These reports contain control delay results as based on intersection lane geometry, signal timing, and hourly tra � vo/um�m. Booedonth� vmh|�u|�rde/oy *d �e�h |nte �c�ion.^ f� LOS is assigned to each approach and intersection movement as a qualitative measure of performance. These n*su|ts, as confirmed or refined by field obaervat|mna, constitute the technical analysis that form the basis of the recommendations provided in this report. ' rSUTSUM �AS;�c=TSS. ATA =^VN=28AS^ ==Ry=w Mr. Craig Luke August 1O. 2O17 Ff.KH.ToVvUCorporation PROPOSED PHASES The following describes three (3) proposed development phases along with their operational analysis. Phase I This initial Phase is planned to start construction in 2019" lasting three years, ending in 2022'By ! the and of Phase 1 atuta| of 125 single-family and 125 condo/bovvnhommma are planned to be ! developed as well ase 30.000 sq. ft. shopping center and o hotel with 00 nommaoapec4In addition to the residential and commercial development, the construction of W1e|n Street Road (also referred to as Road 3A) is planned as part of this Phase; which will connect to Ko|nn|nani Drive. This newly constructed noodv:oy will serve as the only access to the Po|ornanui development during Phase 1. ' � The Queen Kaohurnanu Highway Widening, Phase 2, Kmakakehe Parkway to Keahole Airport Road, project is assumed to be completed in Phase 1' It will consist of the widening of the existing highway to four lanes as well as complete intersection improvements. It will also include a one-mile frontage road from {]TEC Road to the nuskai leg ofKaimimsn| Drive which will provide access to Queen Kaahumanu Highway; modifying the intersection bxefour-leg approach. o The Queen PCaahumano Hi8hxvay/Kaiminan\ Drive intersection will be modified to include an eastbound approach with a |eft-tunn, a1hrouQh. and o right-turn. The other approaches will also be modified to provide a northbound |ef-turn, a southbound right turn movement and the westbound approach widened to include ashared MhrouQhlieft- urnmovement. All movements are forecast tmoperate etLOS Dorbetter except for the following: w Queen Kaahumanu HiahwavlKaiminani Drive intersection eastbound through is projected to experience LOS F and E in the AM and PM peaks. respectively. The eastbound left-tum movement is projected to experience LC}S E during both AW and PM peak hours oftraffic. • intersection northbound and southbound left-turns are projected toexperience LOS F |n both the AKX and pK8 peak hours. The southbound through movement isexpected tooperate atLOS E |nthe PM peak� ATA ALismu,TSUTSUAM 5,ASSOM&TES,M—C C7V2L eNVERS . SLOWeYORS Mr. Craig Luke August 10, 2017 R.M. Towill Corporation Potential Additional Development In addition to the proposed Phase I densities, approximately 125 single family and 125 multi- family dwellings could be added to Phase I' before the Kaiminani Drive/Ane Keohokalole Drive/Main Street intersection is anticipated to warrant a traffic signal. Therefore, up to 500 residential units are anticipated to be accommodated before a signal would be warranted. Figure I illustrates the Phase I lane configuration, volumes and LOS for each study intersection. Table 3 summarizes each Phases' LOS at the study intersections. LOS worksheets are provided in Enclosure 1. 'The additional units number are based on the Phase I parameters.Therefore,the additional units that can be accommodated for other buildout year would not necessarily be the same due to background growth and other Project assumptions. KEA O E AtF PC7R r ¢ .:319�s56a. kp „ a -R' h" v w .r II S6 ?Fri3; .f d E ND L E ._.�jfl Nes G' j:5;..,n z. } �.a.,�-�.� - ...,..,.� •���� s.` E�'r am-:w� °�zr.w`3.:fi f£ r s. ra .tlI° :A t2 r 1?tr1 z e , Ns-v t 41'p-u en5 FX, us , a flp r r P4 � AUSTIN TSUTSUMI ASSOCIATES iNC FIGURE PA,AMANROWECT =44.E,Em^�S,S.: s q='=,°,�..4 t.9,Hi.Y1A A SzSSk�StiT PHASE [(2022) LANEAGE, VOLUMES AND LOS ATA *um�0j,rZUTmuM.&^SsOc"=es, OWL EN=°ffRS . =PV°0As yNc Craig Luke August 10, 2017 R.M. Tovvi|| Corporation Phase 2 The second Phase /s planned to be completed by year 2024. Phase 2 consists of an additional SO single-family and 50 <ownhonnes dw/eUiOga, as well as, 70,000 sq, ft. oflight-industrial use. Cunnu|ative|y, by the end of Phase 2 abta| of 175 single-family and 175 condo/townhormes. 70.000 sq. ft. of light-industrial development, 30.000 sq. ft, of shopping center and a hotel with 6Drooms capacity would becompleted. * Although itis not anticipated bm be xvonorded by Phase 2, it was mbsbad in the 2014 and 2O1GT(ARthat the Pa{anaoniProject cmmmhtedbztbes|gOoUzatonandconmtrmctionof the future intersection of Queen Ka'ahunnenu Highway and University Drive; therefore with the construction of the University Drive to access Queen Kaahumanu Highway, the signal was assumed as well. The proposed Queen Kaahumanu Highway/University Drive signalized intersection will act as the only access for the light-industrial development during Phase 2. Traffic Analysis All movements are forecast tooperate similarly as Phase 1 with LOS [) or better except at the following: = Queen 6aahurnany HkqhwaZLKgimInani Drive intersection eastbound left-turn and through lanes are projected bo experience LOS Eduring the AK4and PK4peak hours. • southbound left-turn lanes are projected to experience LOS F and F overcapacity in the AM and PM peak hour. The southbound through lane is projected to experience LOS F in the PM peak hour. Although not anticipated to be warranted. a traffic signal would mitigate the long delays. Figure 2 |||umtoabas the Phase 2 |amn configuration, volumes and LOG for each study intersection. Table 3 summarizes each Phases' LOS atthe study intersections. LOS worksheets are provided inEnclosure 1. f —AfA£ 5 t° 5 tt C /41 zs ° i7 EAHOLE Aft PORT f 7 (17i I` 4 HGEN As'.?ttt..v4N KtR f TR.a.9�, s x ` AUSTIN TSUTSUMI & ASSOCIATES INC FIGURE TRAFFIC- AS;ESStu"Lw`i PHASE 2 (2024) L.ANEAOE,VOLUMES AND LOS ' ATA ^umr=r5UTs"=. =SSOc=Xss 1�,C ==rI EN=°=VV4S . ��°�=� Mr. Craig Luke August 1O. 2O17 R.Wi. TowiUCorporation Phase 3 Phase 3 is planned to be completed by year 2027. Phase D consists of 75 single-family, 75 condo/townhouse dwellings and 30,000 sq. ft. of shopping center. Cumulatively, by the end of Phase 3 a bJte| of 250 single-family and 250 c0ndo8ovvuhon7es are planned to be developed. Along with the residential development, the Project will include a 60.000 aq. ft. of shopping center. 70,000 sq.ft. of light-industrial use and n hotel with 60 rooms mspac|b/' By Phase 3, two (2) accesses will be fully available for the Po|annanui Project via the Queen Keandmnenu Highway/University Drive and the Koinn|nani Drive/Ana Keohokao|e Drive/Main Street intersections which should help alleviate some cfthe delays projected |nPhase 2. Analysis Assumptio!is ° Phase 3 will extend University Drive to Main Street,allowing access to the Project via Queen %aahunnanuHighway asvxe||aaYNoinStreet. Due to the trips distribution reflecting the use of both accesses to the Project, all movements are forecast tooperate sdLOS Dorbetter except sdthe following: ~ Queen Kaahumanu HighLALavlXaiminani Drive intersection eastbound left-turn during the AMpeak hour. w Kaiminani intersection northbound and southbound left-turn lanes are projected to experience LOS F and F overcapacity during the AM and PM peak bour. /gthough not anticipated to be warranted, a traffic signal would mitigate the long delays. Figure 1 illustrates the Phase 3 lane oonfigure1imn, volumes and LOS for each study intersection, Table 3 summarizes each Phases'LOS at the study intersections. LOS worksheets are provided in Enclosure 1. Note that although this TAconsidered Phases 1, 2and 3 |nsequence, Phases 1 and 2 could occur simultaneously as their access and improvements are independent from each other. Furthormmra. Phase 1 could increase its residential unit hoototal of 500 before a signal is anticipated to be warranted at the Ka(minen! Drive/Ane Keohoka|o|a Highway/Main Street intersection. c rw. "c Dill 6i iC; 12 KEA,,qOLE AIR c t 1y PORT 144 t ,j f CP n LEGEND s 8 ltr` t ar .. a - ..-.c`,d P p Ed r c, E c ti 5r f ljz> r yr u�s r 4 `VI a.w awe �a �v AUSTIN, TUTSUMI � c�c� T � �. FIGUPE PA `k.A,Nl' PtROj--- T ? fid=; ASSESSMENT PHASE 3(2027) LANEAGE, VOLUMES AND LTJ Table 3-Phase 1,2 and 3 Level of Service Summary n—I Y—lMiZZ Ali—1-Y-2=* Phan 3 Ya 1027 AM I PM RA Pod AM -- lE §steU-- jHAYvkg�j LOS S a, NO Ti4 02 0?1 4 cz .7, A 1:3 275 Do S7 am I G23 9 NO Sit ,a :, MA 1: L<55 A We LT 3 1- a 2., w E,R 00 k is�'T 326 CSS a =5 ols W O.S. A__ S. '71 L2RMAL* xam -9 LT &A 4'r I "v.0{ 0 W V .45 084 114 asr D w a w 114 12 324 a 2 25 A t.4 2d A SY aza A 21 112 A 'e54.T sz4 IS 3 :Z.T a U, all cis l522 tw D a, i D 0z 39 am A 9.1 A a2 ED AT 3 4 as a -2V D S 007 C 1{ L 3,a So T�4 77 a 04 WTIL- 5 B a-, A r—— —!L—--K" --!a, —N 1 A «fspRS 1Y$ 125 Iza fi 42 133 z-51 No LT azo i a to a R53 C5 19 AT ils a's is$ C21 0 1$$ cis a Ira V31 0 Ira 0.17 "a No T� Q w sI: IS-, 9D -31 :$,a, -,as 0,41 C 41 C Es LT 941 42 E as: 0 a 56.9 Cas Me a, S w 0 0 ES TH 301 19 F V I 64a E $72 C,2 a US 3d V s., 0. C 1 *0 a ", a-a" 0 Ea at T w A a z A 00 ON A a2 C', A 0 OW A C I am A .r,LT 27 C at C 3+3 air C 252 a," C .2 S'M C 33.? i'" a 4Y3 t On 0 h£P' 22 983 C 20 e2l C 23a 0111 C 321 a Is C 229 a= C as 0" SETT i*A D If 0 so Oft 0 D 76 0 01 Cal V V2 M C Goi 0 -a"H 152 at 9.4 a U 0-4A 123 455 a a aI RS4 A IS R1 .1 S sac, a at -00 as M 0 % :ro" ::!!:::[:::L 58 *,a, A awssrix, Kgiia�i '01 21-$ 0= he 71� ea,EF A I'l 005 ,-a I A 71 to A, - ,L, M an MV 1 25 F� !26 F' "s, F- is. 0d1 I'S .42 F 355 S *a, as 002 E D 302 121 _a 913 C 112 *a T� 0--1—i—I., as S`� V, NO LT 7a am A so O�, 0 1 1 zd's —d" a kTAALMrWJ-TSUTSUM(&ASSOCiATES,MC ��L— ZNC.Nemps - SLAWayca* Mr. Craig Luke August 10, 2017 R.M. Towill Corporation CONTINUED DEVELOPMENT After the completion of Phase 3 and the proposed roadway improvements, additional development of the Project is anticipated to occur. As stated in the Project Description, the Project is entitled for 1,116 residential units, 120 hotel rooms and an undefined commercial density. used on the 2014 Final Palamanui TIAR Update findings from SSFM International, the proposed roadway improvements: • Signalization of the Kaiminani Drive/Keohokalote Highway/Main Street intersection • Construction and signalization of University Drive at Queen Kaahumany Highway • Extension of University Drive from Queen Kaahumanu to Main Street would adequately support the full development of the Project which assumed 1,116 residential units, 120 hotel rooms and 200k sf of commercial space. As necessary, University Drive will continue to be extended through the Project. CONCLUSIONS Below is a summary of the findings: Assumed improvements by others: • Widening of Queen Kaahumanu Highway to four lanes between Keahole Airport and south of Kaiminani Drive. • Intersection improvements at Queen Kaahumanu Highway/Kaiminani Drive intersection Imorovements assumed with the Proiect: • Phase 1 —Construction of Main Street through the Project o Signalization of Kaiminani Drive/Ane Keohokalole Highway/Main is not anticipated until an total of 500 dwelling units are build based on the Phase I assumptions. • Phase 2 — Construction and signalization of the intersection of Queen Kaahumanu Highway/University Drive Phase 9—Construction of University Drive through the Project • Continued Development — extension of University- Drive through the Project as necessary. susuhAi a ASGOC:ATFSI ATA lrENGINSEAS - suave,cms Mr. Craig Luke August 10, 20,7 R.M. Towill Corporation Although a signal is not anticipated to be warranted at the Kaiminani Drive/Ane Keohokalole Highway/Main Street intersection, a signal would mitigate the anticipated long delays. Note that although Phases 1, 2 and 3 are in sequence, Phases 1 and 2 could occur simultaneously as their access and improvements are independent from each other. We appreciate the opportunity to have prepared this Traffic Assessment Letter Report for the Project. Should you require clarification, please feel free to call me at 533-3646. Sincerely, AUSTIN,TSUTSUMI &ASSOCIATES, INC. Raw'n' By KAREN CHONGUE, P.E. Project Manager KC.CR Enclosures: LOS Calculations JFSidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212#Flilo,hawal'i 96720 -Manning-variance-Zoning Telephone:(808)969-1522 Cell:(808)989-0640 -subdivision-Land Use Perrnfts E-mail:sicifuke0hawaliantel.net -Environmental Reports September 29,2020 Mr. Michael Yee,Director L Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, Hawaii 96720 ATTN: Ms. Maij a Jackson Dear Mr. Yee: RE: Clarification of Proposed University Drive Amendment Amendment to Project District Ordinance No.09-132 Palamanui Global Holdings, LLC Ka'u,North Kona,Hawai'i,TMK: (3)7-2-005: 001 portion This is to follow up on my discussions with Ms. Maija Jackson of your staff regarding the subject matter as it relates to University Drive, referred to as Road 2 on both Figure 4-3 of the Kona Community Development Plan("CDP")and Exhibit A-5 of the Applicant's Master Plan. Road 2 would function as the main spine road between the Queen Ka'abumanu Highway to the project's eastern most boundary located makai of Makalei Drive. Specifically, while the concept of the amendments was expressed in the narrative, the proposed amendments contained in the submittal are no longer consistent with the narrative. This is due, in part,to the County Department of Public Works' preference in having Road I as reflected on Figure 4-3 of the Kona CDP align with Road 3A,the road deemed to be the functional extension of the Ane Keohokalole Highway, instead of Road 6A. As a result,the applicant's requested amendments had to be modified,as discussed below. To reiterate the applicant's request, University Drive or Road 2 would be a public road with varying rights-of-way and constructed in phases. Specifically, the right-of-way would consist of 88 feet between the intersection of the Queen Ka'ahumanu Highway to Road 6A as identified on both Figure 4-3 of the Kona CDP and Exhibit A-5 of the Applicant's Master Plan. The right-of-way between Road 6A to the project's eastern most boundary located makai of Makalei Drive would have 60-foot wide right-of-way. That portion between the Queen Ka'ahumanu Highway and Road 3A would be completed as part of Palamanui's Phase III improvements and prior to the issuance of a Planning Dept. 136428 Exhibit 2. Mr.Michael Yee,Director September 29,2020 Page 2 certificate of occupancy for any building within Please III. The remaining section of Road 2 would be constructed in conjunction with Palarnanui's Phase IV improvements. Additionally, Road 6A would be a new public road consisting of a 60-foot wide right-of- way ight-ofway that would extend to the project's northerly and southerly boundary to provide for road connectivity to adjoining properties. Pursuant to the foregoing understandings,the requested"Ramhseyered"and clean versions(only for Condition V-1 because of the numerous changes,whereas the others were more editorial in nature)of the requested amendments would be as follows: Condition V-1• Proposed Language(Ramhseyered) a. From the Queen Kaahumanu Highway intersection W to Road 6A of Kona CDP Map. Rgure 4-3 and Applicant's Master Plan,Exhibit A-5 [to the proposed Ane Keohokalole Highway(Road 6A—Kona CDP Map,Figure 4-30],University Drive [2] (Road 2 of Kona CDP Map,Fig_wre 4-3 and Applicant's Master Plan Exhibit A-5) shall consist of an 88-foot wide right-of-way [private] ublic road with two lanes constructed to County dedicable standards and a 60-foot wide ri&t-of-way from Road 6A to the eastern edge ofthe_project property. This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka`ahumanu Highway to [approximately 800 feet mauka of Kamanu Street(Road 3A —Kona CDP) intersection with University Drive] the former Kamanu Street and now propos extension of the Ane Keohokalole Highway(Road 3A on both Figure 4-3, Kpna CDP and Exhibit A-5,Applicant's Master Plan)shall be completed [simultaneous to the opening of the first building constructed on the State Land for the University of Hawaii or before July 31,2012,whichever occurs first.] as part of Palamanui's Phase IlI improvements and prior to the issuance of a certificate of occupancy for any building in Phase III. The remaining section of this roadway from the intersection of JKamanu Street] Road 3A to Makalei Drive shall be constructed as part of Palamanui's Phase IV and dedicated to the County upon completion. Mr.Michael Yee,Director September 29,2020 Page 3 Proposed Language(Clean) a. From the Queen Kaahumanu Highway intersection up to Road 6A of Kona CDP Map, Figure 4-3 and Applicant's Master Plan,Exhibit A-5,University Drive(Road 2 of Kona CDP Map,Figure 4-3 and Applicant's Master Plan, Exhibit A-5)shall consist of an 88-foot wide right-of-way public road with two lanes constructed to County dedicable standards and a 60-foot wide right-of-way from Road 6A to the eastern edge of the project property. This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka'ahumanu Highway to the former Kamanu Street and now proposed extension of the Ane Keohokalole Highway(Road 3A on both Figure 4-3,Kona CDP and Exhibit A-5, Applicant's Master Plan)shall be completed as part of Palamanui's Phase III improvements and prior to the issuance of a certificate of occupancy for any building within Phase III.The remaining section of this roadway from the intersection of Road 3A to Makalei Drive shall be constructed as part of Palamanui's Phase IV and dedicated to the County upon completion. Conditions V3 and V4: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawai`i County General Plan and the Kona Community Development Plan(CDP)Official Concurrency Map,Figure 4-3,adopted as Ordinance No.08 131 effective September 25,2008: 3. Ane Keohokalole Highway(Road [6A] 3A-Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5): The portion of Ane Keohokalole Highway[(6)] (Road 3A-Kpna CDP Map and Road 3A of Applicant's Master Plan,Exhibit A-5)within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road,within this 120-foot right-of-way to County-dedicable standards. Kena CDP) senmefif*Highway 190%ith Univemity Drive ead the Queen .] The applicant shall construct the intersection of University Drive and the Ane Keohokalole Highway meeting with the approval of the Department of Public Works. This roadway shall be dedicated to the County Mr. Michael Yee,Director September 29,2020 Page 4 upon request. [ •] Ane Keohokalole Highway [{6A}],which is dead-ended for future connections, shall have preliminary engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent properties. 4. New Connector Road(Road 1 -Kona CDP,Road 3A of A,pplicant's Master Plan, Exhibit A-5}: The right-of-way width of Road 1 Road 3A of Applicant's Master Plan,Exhibit AJwithin the State lands shall be 120 feet. The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of- way width of 88 feet. [ the right of way ever-ptivately ewfted lands.Applioant"I net be r-equiFed to ;AA-1-1 be seeumd by bond or.ethep seewFity meeting the appfev4l of the Plannin lei: PigW of way is aequir-ed. Mr.Michael Yee,Director September 29, 2020 Page 5 J The applicant shall defer the submittal of any land subdivision or building pgrmit applications for any residential devglopment beyond the aggregate of already approved nine handfed(900)single-family or multiple-family residential units unless and unfil the construction cost of Road 1 is Lmnd i or completed either by the applicant or some other entity or if an alternative public road connection between the project area to M=Wahoa Hi hgh1my becomes available New Condition—V7 Relative to Road 6A,the applicant is willing to construct a public road within a 60-foot wide right-of-way to the edge of the north and south property lines only in conjunction with any of tate project's development requiring access from said road. Along those lines,the following represents a proposed condition for your consideration: 7. Roa4 6A shall be a public road within a 60-foot wide rightof-way and constructed in conjunction with any of the pro sect's development requiring access from said road We trust that these suggested changes sufficiently address the suggestions of the Department of Public Works and in turn,the required modifications of the applicant's initially proposed conditions.If not or if there are further questions,please feel free to contact Mr. Roger Harris or myself. Thank you very much! incerely, W WV�N SIDNEY M. FUKE Planning Consultant cc Mr. Steve Colon,Palamanui Global Holdings via email Mr.Roger Harris,Palamanui Global Holdings via email PrALAN'tAN ll April 17, 2020 Mr. Michael Yee, Director Planning Department County of Hawaii 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 RE: ANNUAL REPORT-Ord.No 09-132(Project District) Palamanui Global Holdings, LLC TMK:7-2-005:01(portion) Dear Mr.Yee: Pursuant to Condition QQ of Ordinance No.09-132 (Project District),the owner, Palamanui Global Holdings, LLC submits this Annual Report. A. The applicant,successors or assigns shall be responsible for complying with all of the stated conditions of approval. Applicant, its successors or assigns have and are continuing to comply with all stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No.A03-744) dated May 19,2005. Applicant has and is continuing to comply with this condition. C. The applicant shall comply with the conditions as set forth in the Water Agreement between K-W Ka'u, LLC and the Water Commission of the County of Hawai'i dated June 15,1999. The 1999 water agreement has been amended three times over the past 14 years. The County Water Board recently approved the newest agreement on July 23,2013. The parties are: Palamanui Global Holdings LLC and the Water Board of the County of Hawaii. Pursuant to the agreement, as amended,substantial progress has been made by Palamanui on planning and constructing the agreed-upon public water system which will bring water through the Palamanui project site,deliver water to the new University of Hawaii HCC Palamanui Campus, and connect to the County Department of Water Supply's existing water system which currently Plonning Dept. Exhibit 3 Mr. Michael Yee, Director Apri| 17, 2020 Page 2of1Q terminates just mauka of the Kona International Airport. In mid-2014,this new water system was completed and isnow inservice. This created amuch needed "|oop"for the North Kona regional water system;effectively connecting the well sources up mauka along Mamalahoa Hwy,with the storage reservoirs and transmission lines now serving the Airport and uses along Queen Kaahumanu Hwy. Prior to commencing construction on the water system improvements described above, Palamanui's engineers prepared and submitted detailed engineering/construction plans. These have been reviewed and approved bythe Department ofWater Supply. Finally, during this period, Palamanui Global Holdings, LLC purchased an additional parcel of land for a potential new well site south of Matsuyama Store on the mauka side of Mamalahoa Highway. The DWS has approved this site for a future drinking water well should there be a need for Pa|amanuitobring onanadditional water source sometime inthe future. In summary,water improvements to serve the project and the new UH campus have been constructed. Palamanui Global Holdings,LLC's total investment in the design and construction of these facilities was$11.SSmillion. Pa|amanuiwill continue tocomply with the requirements ofthis condition. D. The project shall consist of a maximum of 695.282 acres for single-family and multi-family residential,commercial uses, hotel,university and public school facilities,dry forest preserve, archaeological and cave preserve areas,active and passive parks,atrail system and supporting infrastructure. Applicant will comply with the condition. E. The maximum number of residential units allowed shall be 1,116 units,including the on-site affordable housing units. Applicant will comply with this condition. F. The maximum number ofhotel rooms shall be12Q' Applicant will comply with this condition. G. Commercial spaces for medical, office,retail,classrooms and health related uses and hotel shall be limited to72.Q8acres. Applicant will comply with this condition. Mr. Michael Yee, Director Apri| 17, 2020 Page 3of18 H. Active and passive parks(Open, Park and Preservation)shall be developed on a minimum of 177.8 acres. A"Constraints Area"which includes the approximately 55-acre dry forest preserve, archaeological sites/cave and park areas,shall be set aside in the project area. Applicant will comply with this condition. |. The uses allowed in the Project District shall be all permitted uses allowed by right in the IRS, IRMI, CNand [Vzoned districts,and agolf course and related facilities. Uses allowed byUse Permit iw the CVdistrict may beallowed. Applicant will comply with this condition. J. Adetailed Master Plan ofthe Project District,which includes the location and number of residential lots and units, hotel,commercial uses,parking,golf course,open space and recreational areas and other related improvements on the property,shall be submitted to the Planning Director within two(2)years from the effective date of the Project District Ordinance or prior tosubmission ofplans for plan approval or subdivision approval,whichever occurs first. This condition has been complied with. A detailed Master Plan of the Project District was submitted inIOOG. This was approved 6ythe Planning Director inhis letter dated November Z9, 2006. K. Substantial construction of the proposed development shall commence with five(5)years from the effective date of the Project District Ordinance. "Substantial construction"means the actual start of construction of project infrastructure under a bona fide contract of not less than ten million dollars ($1O,DOO,88O.00). Prior toconstruction,the applicant, successors orassigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 26-2-78"Chapter 2S(Zoning[ode), Haxvai`iCounty Code. Plans shall identify proposed structures,fire protection measures, paved accesses and parking stall,and other improvements associated with the proposed uses. The Applicant has complied with this condition by grading in all the major project roadways in accordance with plans approved by the Department of Public Works,County of Hawaii. Additionally,grading work in the Town Center and future Trade Center areas has been done. Pa!amonuicontributed$4.4million tothe University ofHawaii in2O1Z. This money was used by the UH to select a contractor and build Road 3A from Ka'iminani Drive to the new UH campus site on the State land just adjacent to the Palamanui University Town Center. (This road was known as the Kamanu Street Extension (aka Road 3A,completed on May 31, 2012), however it is now named Ane Keohnka|o|eParkway and will eventually be connected toHina LaniDrive). The Planning Director, in a letter dated June 7, 2012,stated: "We confirm timely compliance of this condition with the commencement of mass-grading activities for the Palamanui Town Center, Trade Center, Business Park and backbone infrastructure and the on-going construction of the Mr. Michael Yee, Director April 17, 2DZO Page 4oflO Kamanu Street(Mid-Level Road),that combined have committed more than$10 million in construction costs." L. The following design standards shall apply: I. LandscapimQfor the development shall comply with the p|ammimg Department's Rule No. 17, Landscaping Reqmimemments' Landscaping rules, such asthe screening of single-family residential from commercial areas, shall be applied according to the actual uses. 2. The height limit for structures within the project area shall not exceed the following: a' Single-family residential development: 3S feet b' Multiple-family residential and hotel developments: 45 feet c' Office and retail commercial development: 45 feet. 3. The minimum off-street parking and loading space requirements ofChapter 25,HaxxeY( County Code shall be complied with, including compliance with the American Disabilities Act(ADA) requirements. Applicant will comply with all requirements of this condition. M. The variances from Chapters 23(5ub6h/}don) and 25(Zoning), Hawaii County Code, as presented in Planning Department Exhibit 2 (Applicant's November 21,200S letter with attached Tables pages ]L to related to Variance Requested from Sections in Subdivision and Zoning Codes, and Applicant's Figure 2-Conceptual Character ofTown Center/Residential Village Center, Figure 3a- Residential Village Center Alternative: 4,000 SF Lot, Figure 3b - Residential Village Center Alternatives:6,000 SF Lot, Figure 4a -Conceptual Plan:Roadway Concepts-Ded|cab|e, Figure 4b -Conceptual Plan: Roadway Concepts —Nondedicab|e, and Figure S -Residential Village Center Alternatives:Zone Lot Line Concepts) shall be allowed under the Project District. The applicant shall submit detailed plans to the Planning Director shuxv1nQ street designs and cross-sections, and adjacent building designs, with the Master Plan. The Planning Director may require modifications to the street sections to provide sufficient on-street parking where the plans do not provide adequate off-street parking /such as the 4,000-square foot lots with a one'cargarage and insufficient setbacks to allow parking in driveways), and may require further changes necessary for public safety and convenience. All roads built with the variances allowed under this condition will beoon- 6e6icob|e, With regard to the requested zero line building setbacks, the applicant shall conform to the currewtHaxxai'i County Building Code requirements. As part of the Master Plan, the applicant shall submit plans for pedestrian movement through the project district, which shall identify areas where sidewalks will be included to permit safe pedestrian access tothe Town [enter and other important points inthe development. Applicant was granted a variance by the Planning Director covering many items including those listed inCondition K4onSeptember 1O,IOO8. Mr. Michael Yee, Director April l7, 2OIO Page Sofl0 At this time,the Applicant does not intend to apply for further variances for Palamanui. Applicant intends toconform tothe Kona Community Development Plan. N. The permitted hotel, designated asthe "University Inn and Conference Center,"shall function as a business hotel and in conjunction with University operations. KtsheU not be operated under a time-share plan or other arrangement that provides for shared ownership of individual units on the basis of time intervals, or club membership allowing periodic use. Applicant will comply with this condition. O. Occupancy ofthe hotel shall not be granted until the construction ofthe Queen Ka"ahummmouH|ghxvay, Phase || widening improvements tofour lanes from Kea|okehe Parkway tothe Kona International Airport at Ke5ho|e has been secured bythe State entering into aconstruction contract for the improvements, oruntil improvements construction has commenced onthe 2Q,OBOsquare foot University building, or the building's completion has been assured hybond orother security acceptable tothe Planning, Director, whichever comes first'.(sic)' Applicant will comply with this condition, P. To ensure that the commercial development corresponds with the applicant's representations regarding neighborhood-scale commercial development, no single retail establishment shall have more than 4S,000square feet ofdevelopment area under roof. Applicant will comply with this condition. Q. Total retail space (not including restaurants)shall not exceed 7S,000 square feet under roof until the construction nfthe Queen Ka'ahumnanoHighway, Phase 11 widening improvements tofour lanes from Kea|akeheParkway tothe Kona International Airport at Keiho|e has been secured by the state entering into a construction contract for the improvements. The square footage ufimprovements leased orgiven tothe University of Hanva|'ishaU not count against this limit. Applicant will comply with this condition. R. The applicant shall set aside a "Constraints Area"including the approximately 55-acre dry forest preserve,archaeological sites/cave and park areas oothe project site. The Applicant iscomplying with this condition. The Constraints Area features have been inventoried, surveyed, mapped, and marked in the field for interim and permanent protection. Palamanui has adopted an "Integrated Natural Cultural Resource Management Plan"which guides preservation, protection,and management of most of the open space resources at Palamanui. (See Condition H H below). A fence has been installed and a firebreak has been created to protect the 55 acre Dry Forest Preserve.Also,there are many additional areas of Mr. Michael Yee, Director 4ph| 17, 20I0 Page 6of1Q open space on the Palarnanui Plan: Parks,Greenbelts,Trails,Civic Spaces, and Squares or Plazas which will bepart nfthe Constraints Area concept. S. The Applicant shall develop one 20-acre park site prior to the issuance of the building permit for the 101'single-family or multi-family residence within the Project.—The 20-acre active park site shall include: 1' One Pony Plus League baseball-softball field including: a) 4regu|ation backstop; b) /\regulation dugout for each side ofthe field; c) Portable bleachers toseat aminimum of58persons ineach bleacher—one bleacher for each ofthe sidelines; d) Appropriate fencing toprotect the spectators; e) Appropriate fencing toprotect the teams; f} Fencing for the perimeter nfthe baseball field; U) ADA accessible pathways to reach the baseball-softball field from the parking area; h) Placement ofgrass for appropriate areas ofthe field;and i) Anirrigation system installed for the playing field. 2' One Little League baseball-softball field including: a) 4regulation backstop; b) /\regulation dugout for each side ofthe field; c) Portable bleachers toseat aminimum nf5Opersons ineach bleacher—one bleacher for each ofthe sidelines; d) Appropriate fencing toprotect the spectators; e} Appropriate fencing toprotect the teams; f)Fencing for the perimeter ofthe baseball field; g)ADA accessible pathways to reach the baseball-softball field from the parking area; h) Placement ofgrass for appropriate areas ofthe field;and i)Anirrigation system installed for the playing field. 3. One regulation adult/high school soccer field that shall include: a) Portable bleachers toseat aminimum of5Upersons!neach bleacher—one bleacher for each ofthe sidelines; b) ADA accessible pathways to reach the soccer field from the parking area; c) Placement ofgrass for appropriate areas ofthe field;and d) Anirrigation system installed for the soccer field. 4. One standard size dog park. 5. One comfort station,30 x 60 feet with lighting,water,and ADA compliant restroorn facilities and ADA accessible pathways from the parking area,constructed to specifications and placed in locations to be determined by the department of parks and recreation. Mr. Michael Yee, Director April 17, 2O2O Page 7of1@ 6. One paved parking lot with 56 full size parking stalls and 4 van-accessible ADA parking stalls for a total of 60 paved parking stalls connected by ADA accessible pathways to all activity areas ofthe park, hardened with fencing and agate sothat unauthorized vehicles cannot access the park after hours. The 20-acre active park shall be constructed to county-cledicable standards with the specific requirements to be determined in consultation with the Department of Parks and Recreation, and the county shall accept dedication. The current proposal is for the Applicant to construct a 10 acre Phase I of the park prior to the issuance of the building permit for the 2501h Si ngle family or multifamily residence within the project.The remaining 10 acres of this regional park site shall be dedicated to the Count at its request. T. There shall be an 800-foot setback from the Queen Ka'ahummamm Highway. No structures, other than those allowed under Condition No.7ofthe Land Use Commission's Decision and Order,shall beallowed within the 8OO'footsetback area. Acopy ofthe metes and bounds description for this open space area, and proposed covenant(s)shall besubmitted tothe Planning Director for review and approval prior to receipt of Final Plan Approval or }and alteration activities,whichever occurs f|rst. The approveduovenent(s) shall be recorded in the Bureau ofConveyances prior tothe issuance ofFinal Plan Approval,orland alteration activities, whichever occurs first. Acopy ofthe recordedcouenant(s) shall be provided to the Planning Department. Applicant has recorded inthe Bureau of Conveyances as Document No. 2007-006828 the OOOfoot setback area. U. All project utilities shall beunderground. Applicant will comply with this condition. The only pre-existing overhead lines will 6ethe HELCO line which HELCO installed before the Project began, and a temporary HELCO line required to service the initial phase ofthe University Buildings. V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawai'i County General Plan and the Kona Community Development Plan(CDP)Official Concurrency Map, Figure 4-3, adopted as Ordinance No.08 131 effective September 25,20OD; 1, University Drive(Road 2-Kona CDP Map, Figure 4-3)within the property from the Queen Ka`ahummanuHighway toMaka|e| Drive: a' From the Queen Ka'ahurnanu Highway intersection to the proposed Ane Keohokafo|e Highway(Road 6A—Kona CDP Map, Figure 4-3), University Drive(2)shall consist of an 88- foot right-of-way with two lanes constructed to County-dedicable standards. This roadway shall bededicated tuthe County upon its completion. The section ofthis roadway from Mr. Michael Yee, Director April 17, 2O2O Page 8of18 the Queen Ka'ahumanu Highway to approximately 800 feet mauka of Kamanu Street(Road 3A—Kona CDP)intersection with University Drive shall be completed simultaneous to the opening of the first building constructed on the State land for the University of Hawai'i or before July 3I, 2OI2,whichever occurs first. The remaining section ofthis roadway from the Kamanu Street(3A)to Makalei Drive shall be constructed and dedicated to the County upon its completion. b. From the proposed Ane Keohoka|o|e Highway (6A) to K8aba!ei Drive, the road shall be constructedtoCountV'6edicab|estandardsasarninorstreet,euceptthatdesAgostandards shall be varied to permit the connection with Makalei Drive without encroaching into the lowland Dry Forest Preserve. The connection with K8aka|elDrive shall bedesigned tonot encroach into the Lowland Dry Forest Preserve. The grade shall not exceed ten (18) percent,except near the connection with K0aka|e| Drive. c. At the Queen Ka'ahumanu Highway,the intersection shall be improved in accordance with one ofthe following two options: 1) if grade separated interchange is available to connect to Queen Ka`a4ummanm Highway when the applicant is ready to construct the lower section of University Drive(2),the applicant will connect to such interchange and in such case,applicant will contribute$I,S00,88Dtothe Department ofTransportation. 2} If a grade separated interchange is not available to connect to University Drive(2) to Queen Ka'ahunnanu Highway when the applicant is ready to make the connection, applicant shall improve the intersection at its expense as required by the Department of Transportation,but shall include,at a minimum,a deceleration and an acceleration lane on Queen Ka'ahumanu Highway,a left-turn lane on Queen Ka'ahunnanu Highway, and a dedicated right-turn and left-turn lane from University Drive (2)toQueen Ka`ahumnanuHighway. |fwarranted, atthe request of the Department of Transportation,the applicant shall install traffic signals and a second left-turn lane from University Drive(2)to the Queen Ka'ahumanu Highway. ]\ The intersection improvements with the Queen Ka'ahunnanu Highway shall be completed prior to the opening of the first building constructed on the State land for the University of Hawai'i or before a Certificate of Occupancy is issued for any portion of the subject property or the completion of any single-family residential homes,whichever occurs first. 2, Kamanu Street(Road 3A—Kona CDP)from University Drive(2)to Kaiminani Drive: The applicant shall construct the mauka half-section of a 120-foot wide right-of-way to [ounty-ded|cab|estandards asatwo-lane road. The applicant shall construct the intersection at Kaiminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on Ka'iminani Drive. The intersections at the northern and southern end ofthis road shall have illumination. This road shall also be provided with a utility trench suitable for installation of future street lights by the Department of Public Works or the State Department of Transportation when such illumination isdetermined tabenecessary. The construction ofthis roadway shall be completed simultaneous to the opening of the first building on the State land for the University ofHavxa|`iorbefore July 31,2Dl3,whichever occurs first. Mr. Michael Yee, Director April 17, 2OI0 Page 9of18 This roadway(Road 3A of the Kona CDP) has been completed using the$4.4 million payment by the Applicant, The Planning Director's letter ofJune 7, 2OIIstated: "We confirm compliance with Condition V(Z)with anagreement with the University of Hawaii for the construction of the Kamanu Street as detailed above and secured by$4.4 million reimbursement to the University upon its completion,funds currently held in escrow." In accordance with the Kona Community Development Plan Official Concurrency Map, Figure 4- 3,Applicant has made the following substantial work and expenditures towards roadway infrastructure for the project: a. Commenced Construction on University Drive(Road 2-Kona CDP,figure 4-3,from the Queen KaahumanuHighm/aytoMaka|eiDrive). Pa|amanuihas graded the entire mauka-makairight- nf-wayfor this planned road. 6. Constructed Road 3A (provided the $4.4million funding) connecting the Pa|amanuiViUage Center and the new College campus to Kaiminani Drive including the required channelized intersection atthe point ofconnection toKa'iminaniDrive. This 1.Zmile road was completed onMay 31,ZOlZ. The County has named this road Ane Keohoka|o|eHighway and has future plans toextend itsouth from Ka'iminani Drive to Hina Lani Drive where Ane Kanhoka|o|e is already connected from the south. c Queen Kahumanu Highway intersection at University Drive: Pa|amanui has graded in the right-of-way for this connection in accordance with construction plans for the future intersection approved by the State of Hawaii Department of Transportation Highways Division. Plans call for the installation of traffic signals and a fully channelized intersection. Construction of this intersection is not yet funded or scheduled at this time. d. Road 6A: Ane Keohoka|o|e Highway within the Pa|amanui Property: The Applicant has planned for the required 120' right-of-way for this road and has graded about Y2of it to date. This road and others will be open to the public after construction is completed. This alignment isunder review bythe County and likely will 6eamended. e. Kea|akaaStreet Extension (Road 7'KonaCDP). The Applicant has reserved ahght-of+wayfor this future road on its plans and will construct and dedicate the portion ofiton Pa|annanui property when the southern connection isready to6eopened up. The Applicant will comply with the requirement to have preliminary engineering studies done for this road alignment to confirm that the agreed upon road alignment will be technically feasible to construct. 3. Ane&eohaka|o|eHighway(Road 6A—Kona CDP): The portion of Ane Keohokalole Highway(6)within the property shall have a right-of-way width of12Ofeet. The applicant shall construct a half-section,two-lane road,within this 120- foot right-of-way to County-dedicable standards. This roadway shall bedesigned tofunction as a portion of a future road (Road I—Kona CDP)connecting Highway 190 with University Drive and the Queen Kaahurnanu Highway. The applicant shall construct the intersection of Mr. Michael Yee, Director Apr/ 17 202O Page 1Qof1D University Drive and the Ane Keohokalole Highway meeting with the approval of the Department ofPublic Works. This roadway shall bededicated tothe County when the County requires ittoconnect with Road 1 (Kona CQP). Ane Keohoka|o|eHighway(GA),which is dead-ended for future connections,shall have preliminary engineering for technical feasibility and environmentally cleared for construction,a minimum of 500 feet from the subject property boundary into the adjacent properties. As stated above,this alignment may be revised in the near future per a request of DPW and the Planning Department. The Applicant will comply with this condition. 4. New Connector Road(Road 1—Kona COP): The right-of-way of Road 1 within the State lands shall be 120 feet.The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of- way width of 88 feet. Applicant shall construct Road 1,atits sole expense asatwo-lane County+dedica6|ocollector road,including shoulders and sm/a|es- The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. The applicant shall continue preparatory work for the design of Road 1,including working with the County of Hawai'i to secure the right-of-way for Road 1 across State of Hawai'i lands and providing information necessary for the County ofHaxoa|'|toarrange the right-of+mayover privately owned lands. Applicant shall not be required toinstall utilities orstreetlights,except that streetlights shall beinstalled bythe applicant atthe intersection with Highway 190. The County shall obtain the necessary right- of-way outside of applicant's property. Completion ofRoad 1will besecured bybond or other security meeting the approval ofthe Planning Director toguarantee that improvements will becompleted bythe deadline specified Ynthis condition. The bond orother security shall be provided prior to the granting of final subdivision approval on the property containing single family lots. The applicant shall complete Road I no later than six(6)years after the entire right-of-way is acquired. The time extension provisions ofCondition RNshall also apply toRoad 1. The applicant shall acquire and provide tuthe County at nocharge,the righta-of-wayofRoad 1 over that portion ofproperties identified 6yTKHK: (3)7'2-0OG:O09^ 0I3and Ol6Theapplicant shall work with the County Directors of Public Works and Planning in establishing the corridor of this minimum 12Ofoot wide /ight'of-waywithin the identified properties.Within 6 months of its determination by the County,the applicant shall dedicate or cause the dedication in fee ofthe rights-of-vvay10the County. Applicant isworking onproposed amendment. This connector road proposal is still under review by the County of Hawaii. The time extension provision ofCondition RRshall also apply toRoad 1. S. Kea!akaaStreet Extension (Road 7onKona CDP): Mr. Michael Yee, Director Aph|17, 2020 Page 11ofI8 The applicant shall reserve an 88-foot right-of-way for the Kealakaa Street Extension within its property for future use asaCounty road. The applicant shall construct the road to County- cledicable standards as a minor collector road at its sole expense and dedicate it to the County of Hawai'i when a connection at the southerly boundary of the project is opened. Kealakaa Street(7),which is dead-ended for future connections,shall have preliminary engineering for technical feasibility and environmentally cleared for construction,a minimum of 500 feet from the subject property boundary into the adjacent property. 6. At the western(makai)end of Makalei Drive,the applicant shall provide safety improvements necessary to make a safe transition to University Drive(2),which may include,but not limited to, rumble strips and establishing super-elevation for the curve,as required by the Department ofPublic Works. K8aka|eiDrive lsa "minor road" and will not beopen tmthe public asathrough street until Road 1/sopen for public use. Applicant will comply with these conditions as stated above. W. There shall benodirect access from individual lots tocollector streets. Applicant will comply with this condition. X. Construction vehicles shall not utilize the existing section of IV115k5lei Drive for ingress from Highway 190 to the applicant's Project District or egress from the applicant's Project District to Highway 190,except for construction work within IM51k5lei Estates on the water system (wells, mains,and tanks). Applicant will comply with this condition. Y. The Kona Community Development Plan discourages gated communities and cul-cle-sacs. Gates will be prohibited across new roadways identified to service the local transportation network. Roads shall be designed to connect to adjoining properties unless construction of a through street isfound tobeimpracticable. Where cul esacs ordead end streets are allowed,they shall meet the prevailing standards|nthe Chapter 23 Subdivision Code. Applicant will comply with this condition.Also,Applicant will grant non-exclusive blanket easements in favor of the public to all project roads which service the local transportation network. Z. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. Adrainage study shall beprepared and submitted 10the Department of Public Works prior toissuance ofany construction permit. Drainage improvements shall 6e constructed,meeting with approval of the Department of Public Works, prior to issuance of a certificate of occupancy for any buildings,or final subdivision approval for any subdivision creating single-family residential lots. Applicant has submitted and received approval of a project-wide drainage plan. Mr. Michael Yee, Director Apri| 17, 2020 Page l2of18 AA. Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Environmental Management prior to submitting plans for Plan Approval review. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval ofthe Department ofEnvironmental Management. Applicant will comply with this condition. Applicant has submitted aplan which has been approved bythe County 6yletter dated August I9, 2O0D. BB.A wastewater treatment system shall be constructed,meeting the approval of the State Department of Health and/or Department of Environmental Management,whichever is applicable. All wastewater shall be treated at an approved wastewater treatment plant,to a minimum of secondary treatment,with R-1 effluent,unless a greater level of treatment is required 6ythe Department ofHealth. Wastewater shall beused for irrigation oflandscaping or other beneficial reuse tuthe maximum extent feasible. Applicant shall comply with HAR 11-62- 27,recycled water systems, in its entirety,and specifically with HAR 11-62-27(i),as amended or replaced. Applicant has obtained approval from the State Department of Health for the design of the proposed privately owned and operated treatment plant. Construction documents are being prepared and will be submitted for review and approval to the appropriate agencies. L[. University ofHauvailCondition. Applicant shall provide the following tmrelocate the University ofHavoailoperations: 1. Provide connection of roads and all utilities into the University of Hawai'i 500-acre site for connection tothe first University building. Applicant shall allow the University of Hawai'i to connect with its wastewater and water supply systems. Applicant shall also allow the University of Hawai'i to connect electrical and telecommunication systems to facilities installed within the project. These connectivity sites shall betothe University's satisfaction and located along its northern boundary on University Drive(Road section 2A—Kona CDP). 2. Build Applicant's wastewater treatment system to handle the wastewater from the initial University ofHavvail building and design the wastewater treatment system tm accommodate future expansion for wastewater from future expansion of the University of Hawai'i operations. Applicant provided $700,000 for UH to build the initial treatment plant on the UH campus.This treatment plant was completed and is in operation. 3. Design and construct an initial classroom and administration building of 20,000 square feet, with associated parking,atApplicant's expense. |fthe University ufHamaildesign results in the cost of design and construction of the building and associated parking exceeding $G,OUD,ODO,Applicant shall beresponsible for the first$5,8OQ,8{0and the University shall be responsible for the balance. a) The building shall be constructed onthe State land designated for University use. Mr. Michael Yee, Director Apri| 17, 2030 Page 13of18 b\ Construction of the building shall commence as soon as the University has the required necessary consents and approvals. |fthe necessary consents and approvals cannot be obtained by the State,the University shall have the right to lease from Applicant appropriate space to house University of Hawai'i at West Hawai'i until the necessary consent and approvals are obtained at comparable lease rates now being paid by the University of Hawai'i until the 20,000 square foot building can be constructed on the State land atApplicant's expense. c\ Applicant shall commence construction of the building,or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawai'i Community College, before the issuance of a certificate of occupancy for any building, other than the DOE building,or final subdivision approval for any subdivision creating single-family residential lots. d) Applicant shall complete construction of the University building no later than two(2) years after the issuance ofa certificate ofoccupancy for any building,other than the DOE building, or November 1, 2012,or final subdivision approval for any subdivision creating single-family residential lots,whichever occurs first. The location and design ofthe building(interior and exterior)and related improvements will be on terms determined by the University ofHavvai'i' The University ofHamaCishall consult ondesign ofsaid building with Applicant. 4. Immediately upon completion of the University of Hawai'i conditions CC. (1),(2),and(3) above,all improvements shall become the property of the University of Hawai'i. This condition has been complied with bythe Applicant. DD.Applicant shall enter into an agreement with the DOE, |naccordance with the terms of the State Land Use Decision and Order(Docket No.A03-744) dated May 19\ 2OOS. If Applicant's agreement with the DOE islater amended, the Applicant shall file acopy ofsuch amendment with the Planning Department and shall comply with the terms ofthe amended agreement. Applicant shall contribute tothe DOE aoQ°08Osquare-foot building within the project site to use for a period of twenty (20) years,subject to the following conditions: 1' Norent orcommon area maintenance fees will becharged tothe DOE. 2. The building will be used as instructional and office space for the school complexes located in west Haxvai'i. 3. The building will meet DOE facility standards,with finished classrooms, workshops and off ices. 4. The Applicant will collaborate with the DOE on the requirements ofthe building in order to develop hu||d|nQ plan subject to DOE approval. S. The finished building will be available to the DOE within two(2)years of the issuance of a certificate of occupancy for any multifamily residential building, or Mr. Michael Yee, Director Apri| 17, 2020 Page 14of1Q within two(2)years from the completion of ay(sic) single-family residential building within the development, whichever comes first. 5. Following the |oh]a| twenty (20) year period when the building will be made available to the DOE, the building will be made available to the DOE for additional years, at the prevailing rental nates' 7. Ifthe DOE and the Applicant determine that despite good efforts,abuilding cannot be provided,or DOE no longer needs the facility and its design has not been completed, the Applicant will make an equivalent school fair-share cash contribution in an amount tobedetermined hythe DOE. This cash contribution shall beexpressly reserved for use within the Kea|ahehecomplex ofschools. 8. The value ofthe building and its use|smeant 1obecredited against any DOE requirements under the State Land Use Decision and Order. Applicant will comply with all of the requirements of this condition. EE. AnEmergency Response Plan shall 6esubmitted tothe Civil Defense Agency for review and approval,prior to the issuance of certificate of occupancy. Applicant will comply with this condition. The Emergency Response Plan has been approved 6ythe State nfHawaii Civil Defense Department 6yletter dated August 26,2OQ8. FF.Toensure that the Goals and Policies ofthe Housing Element ofthe General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Haxva7i County Code, relating toAffordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval for any subdivision creating single-family residential lots, whichever occurs first. The reduction in nn\mimnumn lot sizes and the increase in density permitted by Section 11-8, Hawaii County Code,for affordable housing built on-site shall not apply to this project district because the reduction in minimum lot sizes has already been incorporated into the conditions of this project district zoning, and the limit on residential units stated is meant to include affordable units built on-site. Applicant shall satisfy its affordable housing requirements byon-site construction of units, and not utilize any affordable housing credits generated off-site. Applicant will comply with this condition. GG.Shouldany unidentified sites orremains such asartifacts,shell, bone, mrcharcoal deposits, human burials, rock or coral alignments, povin8sor m/e||s beencountered,work in the immediate area shall cease and the Department ofLand and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when |t\sfound that sufficient mitigation measures have been taken. Mr. Michael Yee, Director April 17, 2O2O Page 1Sof18 Applicant will comply with this condition. HH.The applicant shall implement the Integrated Natural Cultural Resource Management Plan (IN[RKAP) dated May 19,2OOG,for the Lowland Dry Forest Preserve (Exhibit ^D^ and "F"1u the |pdCRN1p)' Preservation actions, with fire control as a priority, shall begin no later than six months after the effective date ofthis ordinance. Applicant will comply with this condition. All preservation areas have been inventoried and fenced. A fins break and fence around the dry forest preserve has been established and is being maintained. The data recovery plan was approved 6ythe State Historic Preservation Division. The Preservation Plan received interim approval from the division. Discussions are ongoing with the State DLNR and non-profit groups regarding the management and stewardship ofthe Lowland Dry Forest preserve. The Pa|amanui Dry Forest Working Group has been formed and is composed of Dr. Pat Hart, Lisa Ha6vvay ofDLNR, Roger Harris, and Susan Cordell. This group meets periodically. This group has also had discussions with the North Kona Dry Land Forest group about cooperative efforts to preserve the native dry land forest. ||. The applicant shall protect all uhiuhi and'aiea trees,and shall use best efforts to preserve the major stands ofuvU|xvi|itrees. These trees have been fenced and protected. ]J. The applicant shall implement the INCRMP for the cave areas(Exhibit"E"to the INCRMP). Applicant will comply with this condition. KK. The applicant shall implement the Archaeological Preservation Plan (Exhibit "C"tothe |NCRAAP), along with any amendments and modifications thereto as approved by the State Historic Preservation Division. Applicant will comply with this condition. LL The Planning Director may approve modifications to the INCRMP conforming to the general purposes ofthe |N[RK8P,after consultation with the DLNR-DOFAVV' Applicant will comply with this condition. &UK8. To ensure that the property will 6edeveloped as an integrated project, the applicant shall establish covenants toall deeds toany parcels,except parcels to be conveyed to individual residents,that require a master association to administer the development of the project district in accordance with the conditions of land use Mr. Michael Yee, Director April 17, 2O2O Page 16of18 approvals. The covenants shall 8ha notice that the various parcels are subject to an overall zoning that requires coordinated development. Until the master association is formed, the applicant shall be responsible for ongoing duties such as the management of the Dry Forest Preserve Area and other stewardship duties, and for contingent project responsibilities. After the formation ofthe master association, those responsibilities, except for offsite infrastructure requirements,shall be transferred to the master association. In order to conform to the spirit of the Kona Community Development Plan,the Applicant shall require the HOA to convey roads shown on the Palamanui Regulating Plan through-fare types(Sheet A-5)to the County.The Applicant and the master HOA shall provide and record perpetual public access easements to any and all private project roads which service the local transportation network. For roads to be dedicated to the County of Hawaii the Applicant and the HOA shall agree to maintain the landscaping and soft scape within the dedicated right-of-ways.The master association will maintain these areas inperpetuity. Applicant will comply with this condition. NN.The applicant shall make its fair share contribution to mitigate the potential regional impacts ofthe property with respect to parks and recreation,fire, police,solid waste disposal facilities and roads' The fair share contribution shall become due and payable onthe sale mrlease ofresidential units subject to such contribution. The fair share contribution shall have a maximum combined value of$7,383'36 per multiple family residential unit ($11,506.13 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1' S3,642'00 per rno|t}p|e family residential unit ($5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2' $115'11 per nnub\p|e family residential unit ($267'66 per single family residential unit) to the County to support police facilities; 3' $354.O#per multiple family residential unit($S2M.65per single family residential unit) to the County tosupport fire facilities; 4. $157.81per multiple family residential unit /$231'45per single family residential unit) tothe County tosupport solid waste facilities; and 5. $3,114'3Gper multiple family residential unit ($4,Q29.9Oper single family residential unit) to the County to support road and traffic improvements. Mr. Michael Yee, Director Apri| 17, 2020 Page 17of1@ The fair share contribution shall be waived for the affordable housing units. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to fire,police,and solid waste disposal facilities within the region impacted bythe proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. With respect to the fair share contribution for parks and recreation, that contribution for all residential units will besatisfied when Applicant completes and offers for dedication all of the land facilities for the active use park described in Condition "S"above.The fair share contribution for roads will be satisfied upon completion of the University Drive(Road sections 2A,2B,and 2[)° KammenuStreet Extension(Road 3A),and Ane Keohok§|o|eHighway(Road 6A). Kealaka`aStreet Extension(Road 7),and Road 1and their associated intersections. Applicant will comply with this condition. 00.Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees,conditions include herein shall be credited towards the requirements ufthe Unified Impact Fees Ordinance. Applicant will comply with this condition. PP.Comply with all other applicable County,State and Federal laws, rules,regulations and requirements. Applicant will comply with this condition. QQ.An annual progress report shall be submitted to the Planning Director prior to the anniversary date ofthe approval ofthis Project District Ordinance. The report shall include,but not be limited to,the status of the development,the bond status including the premium payments, and the extent towhich the conditions ofapproval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and approved by the appropriate departments and the Director acknowledges that further reports are not required. Applicant will comply with this condition. This Annual Report issubmitted per condition QQ. HR. An initial extension of time for the performance of conditions within the ordinance, may be granted bythe 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 assigns, and that are not the result oftheir fault mrnegligence. I. 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. Mr. Michael Yee, Director Apri| 17, 2030 Page 18of1D 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 toone additional yeer)' 5. If the applicant should require an additional extension oftime, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning ofthe subject area toits original or more appropriate designation' Applicant will comply with this condition. Warm Regards, Pa|amanuiG|oba| Holdings, LL[ By: Pa|amanuiLLC Its: Member By: Hawaii Renaissance Builders, LLC Its: Manager By: 1� Name: Paul Kay HUNT==== " ".��= = ~ COH PLANNING DEPT NOV 10 2020PH3:56 umumm�� �m RECD AYEMAIL November DIZU2O Mr. Michael Yee,Director Planning Department COUNTY OFHAVVA`| IU1PauahiStreet Hi|o, Hawai'i 96720 ATTN: Ms.K8aijaJackson RG: K8okale!Improvement Condition (Condition f-6) Amendment toProject District Ordinance No.O9-132 Pa|annanuiGlobal Holdings, LLC Ka'o, North Kona, Havvail.TMK: (3)7'2-UUS:8Olportion Dear Mr.Yee: This is to follow up on yourand Roger Harris'email communication this date with Ms.MuUaJackson of your staff regarding the subject matter ash relates to the Maka|e\ Drive improvements outlined in Condition S-6. Specifically, the existing condition requires the applicant to "provide safety improvements necessary to make a safe transition to University Drive (Road 2)" at the western (makai)end of Makalei Drive. When that condition was crafted, the applicant had indirect control/ownership of that portion of K4aka|ei Drive within the K8aka|ei Estates Subdivision. Since then, however, ownership has been conveyed to the Maka|ei Homeowners Association. As a result,the applicant is no longer able to make this improvement and thus, respectfully request its deletion. |twill, however, make improvements ioUniversity Drive (Road 2) to its easterly boundary up to the western end of Makalei Drive, as outlined in proposed Condition S-1-c. Over the course of the initial and proposed amendment of this application,Palamanui retained two(2) traffic consulting firms, 3SFKA International and AuobnTsutsumi @Aoociates. We would like to confirm that that the traffic studies conducted by SSFM concluded that Road 1 was not needed to mitigate traffic generated by the Palamanui project. The study by Austin Tsutsumi &Associates did not address this matter, Thank you very much for your understanding and assistance on this matte,. As always, should you have further questions on this matter, please feel free to contact Roger Harris at(808)987-5182. � ��� � ��� / ^, « ��xx nx s'Paso`lc~"^v°'De",°'`°.,"*`^'L,"^=^�"^"o"^.'m"°�,"'°^./"^°� * = Washington c " owww umncomnan�scam DEVELOP INVEST MANAGE o oavmau«v"g ep~^ Exhibit [ ^ Mr m�chawYee,Director November 10,2020 Page 2 of 2 Sincerely, Pa|amanuiGlobal Holdings, LLC By: PuiamanuiLLC Its:Member By: Hawaii Renaissance Builders, LLC Its:Manager By: Name: Steven Ni [o(6n Its: Senior Vice President cc: Roger Harris Sidney Fuke r \ Makalawena r / 1 5 0 U •lknrrsiN�� � D i``� Keahole OJ�j(iyg11 1 Kduk r vn>age . Wn114 V _ _ ` • thlago k, =r Q 3 WAVe, Cr 3 e� NnHIHI VlMnge R'd?re bl'N�rN ,�` Punry.thrxdw imeaye 1 Kailua aloe 1 Fr Kah&W Moka,VE �l 4 Keauhou Legend Proposed Roads,Classification* _ S --- CDP,Local I CDP,collector,major CDP,collector,minor GP,arterial GP,collector,major y F 1 GP,collector,minor `l Proposed Transit Liner lj t� Yd®Trunk Secondary Kaawaloa Transit Hub' Gtioo _— BTransit Station' TOD Type Neighborhood Regional Center OKona Urban Area Napoopoo QRural Town TODs Existing Roadway * Policy Layer "f 'l Honaunau 0 1 2 4 Miles 1 Inch equals 2 miles Source: County of Hawaii The County of Hawaii Planning Department I-- Kea4ia is the repository of the official map. Kona Community Development Plan Figure 4-2a Official Transportation Network Map - Proposed Roads and Transit t ALT pe �WIJ �- 11 Us fl, b �5 M Bwt' /1 A nn g m 12 O t 1 w E'' F ,, ,A 5 5 0 ' K .I 4 ✓ f � Legend a� rrur� Concurrency Zone* Proposed Roads* A Status g Concept Kailua L of ltaa— C Preliminary OIA D Final E TOD fr~ F Neighborhood m� G Regional Center H 17-1 Kona Urban Area' Rural Town TODs' J Existing Road a _ s =NMIK a L M O! *Policy Layer 11 1 - ` 1 a Miles It 0 0.5 1 2 Keauhou ? 5�� 1 inch equals 1 miles Source: County of Hawaii. The County of Hawaii Planning Department is the repository of the official map. Kona Community Development Plan Figure 4-3 Official Concurrency Map KENNETH G. GOODENOW tv os ti RODNEY OSHIRO County Clerk �p�N ''�.'ki,, Deputy County Clerk rE OF•H/d Nq Q County of Hawai`i o Office of the County Clerk C-D -T 25 Aupuni Street Z N Hilo, Haivoi'i 96720 ` fL? t`- Telephone. (808)961-8255 w Facsimile: (808)961-8912 December 29, 2009 FROM: Kenneth Goodenow, County Clerk . • RE: Supplementing Hawaii County Code 1983 (2005 Edition, as amended) with Ordinance No. 09-132 Ordinance No. 09-132,which amends Ordinance No. 06-105, contains a manifest typographical error and an error with regard to the spelling of a Hawaiian place name. Section 1 of Ordinance No. 09-132 states that the ordinance amends "Section 25-8-33."The correct reference, as provided in Ordinance No. 06-105, is section 25-8-3. Hawaii County Code, section 2-153, paragraph(7), allows the clerk in preparing supplements to the Code to "[c]orrect manifest clerical and typographical errors." Ordinance No. 09-132 contains the word Ka`u, which should be spelled Kau, as provided in Ordinance No. 06-105. Hawaii County Code, section 2-153, paragraph(8), allows the clerk in preparing supplements to the Code to "[c]orrect the spelling of Hawaiian words and names." Pursuant to Hawai'i County Code 1983 (2005 Edition, as amended), section 2-153,paragraphs (7) and (8), Ordinance No. 09-132 has been placed in section 25-8-3 of the Hawaii County Code and any reference to the location of this amendment as appearing in the Zoning Code Annexes is indicated as "Kau" rather than "Ka`u." KG%jdh Planning Dept. Serving the Interests of the People of Our Island Exhibit�— Hawai'i County is an Equal Opportunity Provider and Employer �os�y .R COUNTY OF HAWAII '' ' STATE OF HAWAII BILL NO. 137 ORDINANCE NO. 09 (Draft 2) AN ORDINANCE AMENDING ORDINANCE NO. 06-105 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3 ACRES (A-3a)AND OPEN (0) TO PROJECT DISTRICT(PD) AT KA`10,NORTH KONA,HAWAII,COVERED BY TAX MAP KEY 7-2-005:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 06 105 is amended as follows: "SECTION 1. Section 25-8-33,Article 8 Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following areas situated at Ka`u [Kau],North Kona,Hawaii, shall be Project District(PD): PARCEL "A": Beginning at the northwest comer of this parcel,being also along the east side of Queen Kaahumanu Highway(Project No.: 19 BC-01-71), the coordinates of said point of beginning referred to Government Survey Triangulation Station"AKAHIPUU", being 9,071.21 feet North and 23,751.69 feet West and thence running by azimuths measured clockwise from true South: 1. 2910 46' 30" 5726.03 feet along the Kukio-Goma Government Tracts; 2. 170 56' 2314.09 feet; 3. 1150 03' 36" 5449.47 feet along the Government Lands of Makaula; 4. 1890 19' 55" 2044.65 feet along the east side of Queen Kaahumanu Highway(Project No.: 19 BC- 01-71)to the point of beginning and containing an area of 274.861 Acres. PARCEL"B": Beginning at the northwest comer of this parcel,being also along the south side of Kukio-Goma Government Tracts,the coordinates of said point of beginning referred to Government Survey Triangulation Station"AKAHIPUU",being 6,947.06 feet North and 18,434.23 feet West and thence running by azimuths measured clockwise from true South: 1. 2910 46' 30" 784.96 feet along the Kukio-Goma Government Tracts; 2. 2800 28' 22" 2806.44 feet along the Kukio-Goma Government Tracts; 3. 2900 55' 24" 3323.43 feet along the Kukio-Ooma Government Tracts; 4. 170 14' 2844.54 feet along Lots 36, 37, 38,44, 15, 14, 13, 12, 11, 10 and 9 of Makalai Estates—Phase 2 (File Plan 2294); 5. 1000 15' 30" 1838.50 feet along the Government Lands of Makaula; 6. 1150 03' 36" 5137.19 feet along the Government Lands of Makaula; 7. 1970 56' 2314.09 feet to the point of beginning and containing an area of 450.343 Acres. Less the following described area: Beginning at a point,being the Northwest corner of this parcel of land the coordinates of said point of beginning referred to Government Survey Triangulation Station"AKAHIPUU",being 109.49 feet South and 18,804.22 feet West and running by azimuths measured from true South: -2- 1. 2910 46' 30" 1149.40 feet along Kukio—Ooma Government Tracts: 2. 90 19' 5P 282.64 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 3. 2790 19' 55" 9.06 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the right with a radius of 239.00 feet the chord azimuth and distance beinu: 4. 3240 19' 55" 338.00 feet alonp,the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 5. 90 19' 55" 446.09 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 6. 2790 19' 55" 485.02 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 7. 9° 32' 52" 500.00 feet along,the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 8. 990 19' 55" 421.14 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 9. 1890 19' 55" 301.00 feet along the remainder of Royal -3- Patent 8265 and Mahele Award 13-B to Paalua. Certificate of Boundaries 191; 10. 990 19' 55" 62.00 feet along,the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua. Certificate of Boundaries 191; Thence along a curve to the right with a radius of 20.00 feet the chord and distance being: 11. 540 19' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 12. 990 19' 55" 197.96 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; Thence along a curve to the left with a radius of 301.00 feet the chord azimuth and distance beim: 13. 750 03' 55" 247.41 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 14. 500 47' 55" 103.47 feet alongthe the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along,a curve to the right with a radius of 20.00 feet the chord azimuth and distance being: 15. 950 47' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B -4- to Paalua Certificate of Boundaries 191; 16. 1400 47' 55" 199.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 17. 2300 47' 55" 357.90 feet along the remainder of Rom Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191, 18. 1400 47' 55" 218.83 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the right with a radius of 239.00 feet the chord azimuth and distance being: 19. 240° 48' 29" 65.26 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 20. 1580 39' 19" 269.52 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 21. 1900 57' 06" 40.03 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; 22. 1030 12' 19" 39.52 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191; -5- 23_ 1020 46' 39" 49.05 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 24. 1160 09' 35" 45.79 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 25. 1120 02' 29" 43.66 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 26. 1890 19' 55" 199.24 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 27. 990 19' 55" 114.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the left with a radius of 20.00 feet the chord azimuth and distance being: 28. 540 19' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 29. 990 19' 55" 62.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 30. 1890 19' 55" 13.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; -6- 31. 990 19' 55" 297.97 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua, Certificate of Boundaries 191, 32. 1890 19' 55" 537.31 feet aloniz the remainder of Royal Patent 8265 and Mahele Award 13-B to Paulua Certificate of Boundaries 191 to the point of beginning, containing an area of 29.92 acres, more or less. for a net area for Parcels "A" and"B" of 695.282 acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No. A03-744) dated May 19, 2005. -7- C. The applicant shall comply with the conditions as set forth in the Water Agreement between K-W Kau,LLC and the Water Commission of the County of Hawaii dated June 15, 1999. D. The project shall consist of a maximum of[7254] 695.282 acres for single-family and multi-family residential, commercial uses,hotel, university and public school facilities,dry forest preserve,archaeological and cave preserve areas,active and passive parks, a trail system and supporting infrastructure. E. The maximum number of residential units allowed shall be 1,116 units, including the on-site affordable housing units. F. The maximum number of hotel rooms shall be 120. G. Commercial spaces for medical, office, retail, classrooms and health related uses and hotel shall be limited to [1.02] 72.08 acres. H. Active and passive parks (Open, Park and Preservation)shall be developed on a minimum of 177.8 acres. A "Constraints Area" which includes the approximately 55-acre dry forest preserve,archaeological sites/cave and park areas,shall be set aside in the project area. I. The uses allowed in the Project District shall be all permitted uses allowed by right in the RS, RM, CN and CV zoned districts, and a golf course and related facilities. Uses allowed by Use Permit in the CV district may be allowed. J. A detailed Master Plan of the Project District,which includes the location and number of residential lots and units,hotel, commercial uses,parking, golf course, open space and recreational areas and other related improvements on the property, -8- shall be submitted to the Planning Director within two (2)years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. K. Substantial construction of the proposed development shall commence within five (5)years from the effective date of the Project District Ordinance. "Substantial construction"means the actual start of construction of project infrastructure under a bona fide contract of not less than ten million dollars ($10,000,000.00). Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code Plans shall identify proposed structures, fire protection measures,paved accesses and parking stall, and other improvements associated with the proposed uses. L. The following design standards shall apply: 1. Landscaping for the development shall comply with the Planning Department's Rule No. 17, Landscaping Requirements. Landscaping rules, such as the screening of single-family residential from commercial areas, shall be applied according the actual uses. 2. The height limit for structures within the project area shall not exceed the following: a. Single-family residential development: 35 feet b. Multiple-family residential and hotel developments: 45 feet C. Office and retail commercial development: 45 feet. 3. The minimum off-street parking and loading space requirements of Chapter 25, Hawaii County Code shall be complied with, including compliance with the American Disabilities Act(ADA)requirements. -9- M. The variances from Chapters 23 (Subdivision)and 25 (Zoning),Hawaii County Code,as presented in Planning Department Exhibit 2 (Applicant's November 21, 2005 letter with attached Tables pages 1 to 6 related to Variance Requested from Sections in Subdivision and Zoning Codes, and Applicant's Figure 2 - Conceptual Character of Town Center/Residential Village Center, Figure 3a- Residential Village Center Alternative: 4,000 SF Lot,Figure 3b- Residential Village Center Alternatives: 6,000 SF Lot, Figure 4a-Conceptual Plan: Roadway Concepts- Dedicable, Figure 4b-Conceptual Plan: Roadway Concepts -Nondedicable,and Figure 5 -Residential Village Center Alternatives: Zone Lot Line Concepts)shall be allowed under the Project District. The applicant shall submit detailed plans to the Planning Director showing street designs and cross-sections, and adjacent building designs,with the Master Plan. The Planning Director may require modifications to the street sections to provide sufficient on-street parking where the plans do not provide adequate off-street parking(such as the 4,000-square foot lots with a one-car garage and insufficient setbacks to allow parking in driveways), and may require further changes necessary for public safety and convenience. All roads built with the variances allowed under this condition will be non-dedicable. With regard to the requested zero line building setbacks,the applicant shall conform to the current Hawaii County Building Code requirements. As part of the Master Plan, the applicant shall submit plans for pedestrian movement through the project district,which shall identify areas where sidewalks will be included to permit safe pedestrian access to the Town Center and other important points in the development. [N. To ensuEe that the pfeject is developed aeeor-ding to its swed goal of ereating isine^ use fesidenAial eewAnunity,the pr-E�eet most include r-esiden4ial development. The„avjeet shall have at least V4V 1Vsi1V1t1Gl unit fb eveFy-w squafe feet of nenresiden4ial development(under-roef). Spaee used by the University shall net be ineluded in the ealeulation of nefffesidefAial spaee. There -10- [0-.]N. The permitted hotel, designated as the"University Inn and Conference Center,"shall function as a business hotel and in conjunction with University operations. It shall not be operated under a time-share plan or other arrangement that provides for shared ownership of individual units on the basis of time intervals, or club membership allowing periodic use. [PL. 0. Occupancy of the hotel shall not be granted until the construction of the Queen Ka`ahumanu Highway,Phase II widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the State entering into a construction contract for the improvements, or until improvements construction has commenced on the 20,000 square foot University building,or the building's completion has been assured by bond or other security acceptable to the Planning, Director, whichever comes first.. Queen Kaahunianu Highway right of[$ No retail eermnereial struetufes may be leeated eleseF 4han 1,500 feet from the ] P. To ensure that the commercial development corresponds with the applicant's representations regarding neighborhood-scale commercial development, no single retail establishment shall have more than 45,000 square feet of developed area under roof. Q. Total retail space(not including restaurants) shall not exceed 75,000 square feet under roof until the construction of the Queen Ka`ahumanu Highway, Phase II widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the state entering -11- into a construction contract for the improvements. The square footage of improvements leased to the University of Hawaii shall not count against this limit. [T:] R. The applicant shall set aside a"Constraints Area" including the approximately 55-acre dry forest preserve, archaeological sites/cave and park areas on the project site. The Applicant shall develop one 20-acre park site prior to 41-- first Fesidential ufkit on ]the issuance of the building_permit for the 1015` single-family or multi-family residence within the Project The 20- acre active park site shall include: [two c pa au asg fields�•hieh may be en-e yin baseball field and one seeeer-field er-two baseball fields or-two seeeer- S parking let and 7 wM the speeifie fequir-effien4s to be determined in] One Pony Plus League baseball-softball field including_ (a) A regulation backstop; bb) A regulation du-gout for each side of the field; (c) Portable bleachers to seat a minimum of 50 persons in each bleacher- one bleacher for each of the sidelines; Appropriate fencing to protect the spectators; O Appropriate fencing to protect the teams; (f) Fencing for the perimeter of the baseball field; ADA accessible pathways to reach the baseball- softball field from the parking area; lei Placement of grass for appropriate areas of the field; and Q An irrigation system installed for the playing field. -12- (2) One Little League baseball-softball field including_ (aa) A regulation backstop; A regulation dugout for each side of the field; .(c,� Portable bleachers to seat a minimum of 50 persons in each bleacher- one bleacher for each of the sidelines; (dd Appropriate fencing to protect the spectators; (e,) Appropriate fencing to protect the teams; (�f Fencing for the perimeter of the baseball field, ADA accessible pathways to reach the baseball- softball field from the parking area; Placement of grass for appropriate areas of the field; and (i� An irrigation system installed for the playing field. (3) One regulation adult/high school soccer field that shall include: (a) Portable bleachers to seat a minimum of 50 persons in each bleacher-one bleacher for each of the sidelines; (2) ADA accessible pathways to reach the soccer field from the parking area, (c) Placement of grass for appropriate areas of the field; and f,d) An irrigation system installed for the soccer field. (4) One standard size dog park. (5) One comfort station, 30 x 60 feet with lighting,water,and ADA compliant restroom facilities and ADA accessible pathways from the parking area, constructed to specifications and placed in locations to be determined by -13- the department of parks and recreation, (6) One paved parking lot with 56 full size parking stalls and 4 van-accessible ADA parking stalls for a total of 60 paved parkin; stalls connected by ADA accessible pathways to all activity areas of the park, hardened with fencing and agate so that unauthorized vehicles cannot access the park after hours. The 20-acre active park shall be constructed to county-dedicable standards with the specific requirements to be determined in consultation with the Department of Parks and Recreation, and the county shall accept dedication. [V--] T. There shall be an 800-foot setback from the Queen Ka`ahumanu Highway. No structures, other than those allowed under Condition No. 7 of the Land Use Commission's Decision and Order, shall be allowed within the 800-foot setback area. A copy of the metes and bounds description for this open space area, and proposed covenant(s)shall be submitted to the Planning Director for review and approval prior to receipt of Final Plan Approval or land alteration activities,whichever occurs first. The approved covenant(s) shall be recorded in the Bureau of Conveyances prior to the issuance of Final Plan Approval,or land alteration activities, whichever occurs first. A copy of the recorded covenant(s) shall be provided to the Planning Department. [W:] U. All project utilities shall be underground. [X:] V. [The_ aprl__afA shall ,enst,let the fVell1V ,116 reads tV 1VVLJJether-frVF114 jLJ and the r-egiena4 read system: boundary e€the prejeet.-(Read"!"en attuc ap E)fhribi "t"B")! -14- Read LL !f shall inter-seet%rith the Queen L ahuffianu Highway at leeation approved by the State DepaAment of T-Fanspeftatier-4 and shall eennest-Aith Mak-alei Dr-i,,,e .,t the easter{ tka)end. The rea-sna4l. be constfueted on an 88 feet wide right of wa�,, as a twe lane , Kf.fi'ahufnanu Highway^to the inter-see e ;«ter-see v� Read"P. Refa Read Lc"tce-the-inter-Seetion with Makalerurrr Lc i» shall1. , ,a design standards shall be varied to peFmit the eenneetion with�Makalei Drive %xithou4 enereaehing into the lowland DF),Fer-est Pr-eseme. The eennection with Makalei Drive shall be designed to not ener-eaeh into the Lowland e=estPr-esefve. The grade-shall not emceed 19°4; exeept near-the eenneelion with Nlakalei Drive. At the Queen 7l.,L„h,,.«.,«„ Highway,the intersection shell he improved-in 1�K K31 K1�1K11K ' aeoerdance with one ef the following twe option-,. Read"P to Queen Ka'ahttmaffu Highway when Applieant. is feady to eenstmet Read LL 7f , ApplieaR4 will eenneet Road "I" esueb inter-e#ange-an in sum� pp''eei}t will eentfibute $1,500,000 to the Depai4ment . (bv) if., . a de separated;«+e,.ehe«a.e ; net available t eenn + �, V ,a-High dric,T=ir'ncrr�eFint �c8a cc ff e'�eei2'Y'C�c�„L.,,,Y,,.. is feadyto make the 3" Lfttiiii onf Appliewit shall ' the ;nterseetinn at its expense as required 1, the Department of=ranspercucien,but shall 1 .i , " Ka'ah„««an Highway,ay, ., left tum 1.,« on Queen c left into Queen c -15- Fight tum and left tt"cafn lane fr-vrri Read"I"to Queen KaWmmaff u Highway. If wafffated, at theme@quest e i 2. "Mid Level Read"€r-em Read"I"ce-isaiminani Drive(Read"-re�2 aat/tI11 Vii114 J1341aS VV1aU 414aVL GSSY eelleeter-read, The a plie•4„t x1,.411 nst«.. t t + t' t V V1aVV4v1 1V44u• 111V 44j./1.lL1VK1S4 JIi4i11-Wi1JLT (ReadKairainani Drive. "P eft-Exhibit"B"): The net4h seu eelleeter read shall be {A„ V Vn11GV Lli .ting Highway 190yAtl, Read cal"and Queen Ka'ahumanu Highway. Read"P shall be eenstmeted to eaunt), dedieable standa as a eelleetor-read with an 88 feet%4de Fight of way. The applie shall-eenstfuet the interseetion between Read"3"and-Read-"-T 4. New Conneeter-Read te - wayr-ajee4(Read'A" Exhibit"B"). Tp eat shall eenstfuet Road"Tai its sole expense, shoulders and swales,within an 88 feet fight ef way. The fina!design- and ramimum-gr-ade ef-Read'A"shall be-detceffi mined by cxxterrcc D t cor e f Publuie Works after censulwien with the Planning l' t , "YY1";"` 1t shall be net required tv'install JtiectIIghtJj CRpy�7t�at the e iatefseetien with Highway 190, ef utilities. if afietheF pFivate developer is-required te-P 4ein building Read cc ",as a -16- approvals,eanditien of land use Applioant's share shall be limi4ed to the e,.t:..,., of Read'A"a A 1' t! property .1 State land. .. r,.,,...,...,a a..,.... -Y n zappsic>;axr�- The County shall obtain the neeessary right of Way outside-of Applieant's -epefty- Street(Read"S" "B"); 44 511 within the —e wle"t„,,,,,,,,t. ,t ,t' b.t + t a + + t..�.-j.�. as w vvlulGJ' ua.ul�uvly .zs ! .,,t ;t shall i ter-seet with Read-1". south as a condition of subdivision approval or-plan approval-. aa.£a improvements neeieSsaff-to make a safe t- ansittien se Read"1 establishing t t' F therequired b. the s.,.....vu.,sala:b.�s:+Y�i.,av a Gauvaa ava ua,,r vuI iv! Lr Q• The feaav• 1<g 1VMl l. tr-e YV1e1tJ shall be e , leted bf .t'f' + .,leef'., single t, b,' L. 4VLl[ t; � '1 ! f 4.. Lt " G ,at least ftem the Queen ahumanu Highway-to the inter-seetion with the Mid Level Read(Read"2! fhl the aa+efseetieaof th Jt aeeess Fead%4th the- Queen G ahumanu 7 and (e)-the Mid Level Read(Read"2") f;.,,„., the main projeet Drive ipAefseetion. 9. The following read improvements shall be seruFed by bond er-other sufety meeting with the appr-eval of the Planning Dir-eeter to guarantee that the is v.411 be eempleted within two (2)years after-the -17- pr-opeAy, ple+i., of a single family homes ,.l,iehe fwlt-. (a) the remaining pet4ien of Read"I",! i�r.re,.em ants to the lower-per-tion of TtRak lei Dfi,>e. ! (b) Read"P, and (e) Read"S" effective da4e „f this er-di..mee eiieept as y be nll ,i .i Gendifien a » cc » by bend or ether-seaufity aeoepted by the Planning Direeter no later- single f4mily residential let.. Certif;ente of eve,.paney fn,.n building, ether-than the University er-DOE building shall net be siftle family residential lets shall net be gr-emAed,ufAil the neeessapy right ef way fer-Read'A" has been ebWned ffem any ether-pfi:va4e lande,Amer-: GL read" md A411 net be open to the publieJ The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaiii County General Plan and the Kona Community Development Plan(CDP)Official Concurrency May, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25 2008: -18- 0 ! 1. University Drive (Road 2 - Kona CDP May, Figure 4-3) within the property from the Queen Ka`ahumanu Highway to Makalei Drive: a. From the Queen Ka`ahumanu Highway intersection to the proposed Ane Keohokaloie Highway (Road 6A-Kona CDP Map, Figure 4-3),University Drive 2) shall consist of an 88- foot right-of-way with two lanes constructed to County_ dedicable standards. This roadway shall be dedicated to the County upon its completion. The section of this roadwayfrom rom the Queen Ka`ahumanu Highway to approximately 800 feet mauka of Kamanu Street(Road 3A - Kona CDP) intersection with University Drive shall be completed simultaneous to the opening of the first building constructed on the State land for the University of Hawai`iior before July 31. 2012, whichever occurs first. The remaining section of this roadway from the Kamanu Street(3A)to Makalei Drive shall be constructed and dedicated to the County upon its completion. I b. From the proposed Ane Keohokalole Highway (6A)to Makalei Drive,the road shall be constructed to County-dedicable standards as a minor streelt, except that design standards shall be varied to permit the connection with Makalei Drive without encroaching into the lowland Dry Forest Preserve. The I connection with Makalei Drive shall be designed to not encroach into the Lowland Dry Forest Preserve. The grade shall not exceed ten (10)percent, except near the connection with Makalei Drive. c At the Queen Ka`ahumanu Highway, the intersection shall be improved in accordance with one of the followingtwo wo options- -19- 1) If a grade separated interchange is available to connect to Queen Ka`ahumanu Highway when the applicant is read to construct the lower section of University Drive (2),the applicant will connect to such interchange and in such case,applicant will contribute$1,500,000 to the Department of Transportation. 2) If aaradde separated interchange is not available to connect Universi Drive (2)to Queen Ka`ahumanu Highway when the applicant is ready to make the connection, applicant shall improve the intersection at its expense as required b the Department of Transportation,but shall include, at a minimum, a deceleration and an acceleration lane on Queen Ka`ahumanu Highway, a left-turn lane on Queen Ka`ahumanu Highway, and a dedicated right-turn and left-turn lane from University Drive(2)to Queen Kaahumanu Highway. If warranted, at the request of the Department of Transportation,the applicant shall install traffic signals and a second left-turn lane from University Drive 2)to the Queen Ka`ahumanu Highway. 3) The intersection improvements with the Queen Ka`ahumanu Highway shall be completed prior to the opening o, f the first building constructed on the State land for the University of Hawaii or before a Certificate of Occupancy is issued for any portion of the subject property or the completion of any sin leg_ family residential homes whichever occurs first -20- 2. Kamanu Street(Road 3A-Kona CDP)from University Drive(2)to Kaiminani Drive: The applicant shall construct the mauka half-section of a 120-foot wide right-of-way to County-dedicable standards as a two-lane road. The applicant shall construct the intersection at Kaiminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-tum lane on Kaiminani Drive. The intersections at the northern and southern end of this road shall have illumination. This road shall also be provided with a utility trench suitable for installation of future street lights by the Department of Public Works or the State Department of Transportation when such illumination is determined to be necessary. The construction of this roadway shall be completed simultaneous to the opening of the first building,on the State land for the University of Hawaii or before July 31 2012 whichever occurs first 3. Ane Keohokalole Highway(Road 6A-Kona CDPD The portion of Ane Keohokalole Highway(6)within the property shall have a right-of-wgy width of 120 feet. The applicant shall construct a half-section,two-lane road,within this 120-foot right-of-way to County-dedicable standards. This roadway shall be designed to function as a portion of a future road(Road 1 -Kona CDP)connecting Highway 190 with University Drive and the Queen Ka`ahumanu High�yay. The applicant shall construct the intersection of University Drive and the Ane Keohokalole Highway meeting with the approval of the Department of Public Works. This roadway shall be dedicated to the County when the Countyrequires it to connect with Road 1 (Kona -21- CDP). Ane Keohokalole Highway(6A),which is dead-ended for future connections, shall have preliminary engineering for technical feasibility and environmentally cleared for construction a minimum of 500 feet from the subject property boundary into the adjacent properties. 4. New Connector Road(Road 1 - Kona CDP): The right-of-way width of Road 1 within the State lands shall be 120 feet. The section of Road 1 from the State prODejjy to Highway 190 within the private properties shall have a right-of-way width of 88 feet. Applicant shall construct Road 1, at its sole expense as a two-lane County-dedicable collector road, including shoulders and swales. The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. The applicant shall continue preparatory work for the design of Road 1, including working with the County of Hawaii to secure the right-of- way i hg t=of- way for Road 1 across State of Hawaii lands and providing information necessary for the County of Hawaii to arrange the right- of-way over privately owned lands. Applicant shall not be required to install utilities or streetlights,except that streetlights shall be installed by the applicant at the intersection with Highway 190. The Count shall obtain the necessM right-of-way outside of applicant's pr pem Completion of Road 1 will be secured by bond or other security meeting;the approval of the Planning Director to guarantee that improvements will be completed by the deadline specified in this condition. The bond or other security shall be provided prior to the granting of final subdivision approval on the property containing single family lots. -22- The applicant shall complete Road 1 no later than six(6),years after the entire right-of-way is acquired. The time extension provisions of Condition RR shall also apply to Road 1. 5. Kealakaa Street Extension(Road 7 on Kona CDP): The applicant shall reserve an 88-foot right-of-way for the Kealakaa Street Extension within its property for future use as a Cogpty road. The applicant shall construct the road to County-dedicable standards as a minor collector road at its sole expense and dedicate it to the County of Hawaii when a connection at the southerly boundary of the project is opened. Kealakaa Street(7), which is dead-ended for future connections, shall have preliminary engineering for technical feasibility and environmentally cleared for construction,a minimum of 500 feet from the subject property boundary into the adjacent property. 6. At the western(makai) end of Makalei Drive, the applicant shall provide safety improvements necessary to make a safe transition to UniversityDrive (2), which may include,but not limited to, rumble strips and establishing super-elevation for the curve, as required by the Department of Public Works. Makalei Drive is a"minor road" and will not be open to the public as a through street until Road 1 is opened for public use. [-Y—.] W. There shall be no direct access from individual lots to collector streets. -23- [Z-.] X. Construction vehicles shall not utilize the existing section of[Makalei] Makalei Drive for ingress from Highway 190 to the applicant's Project District or egress from the applicant's Project District to Highway 190,except for construction work within Makalei Estates on the waters stem(wells, mains,and tanks). [AA-.] Y. PNe vehieul a-uFit,gate shaR be installed,_.; i sixty«m feet of private read of pr-epefty en 4he eeunty fead side of the gate. The Kona Community Development Plan discourages gated communities and cul de sacs. Gates will be prohibited across new roadways identified to service the local transportation network. Roads shall be designed to connect to adjoining properties unless construction of a through street is found to be impracticable. Where cul de sacs or dead end streets are allowed, they shall meet the prevailing standards in the Chapter 23 Subdivision Code. [BB-.] Z. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of any construction permit. Drainage improvements shall be constructed,meeting with the approval of the Department of Public Works,prior to issuance of a certificate of occupancy for any buildings, or final subdivision approval for any subdivision creating single-family residential lots. [CC]. AA. Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Environmental Management prior to submitting plans for Plan Approval review. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Environmental Management. -24- [$ ] BB. A wastewater treatment system shall be constructed,meeting the approval of the State Department of Health and/or Department of Environmental Management, whichever is applicable. All wastewater shall be treated at an approved wastewater treatment plant,to a minimum of secondary treatment,with R-1 effluent, unless a greater level of treatment is required by the Department of Health. Wastewater shall be used for irrigation of landscaping or other beneficial reuse to the maximum extent feasible. Applicant shall comply HAIR 11-62-27,recycled water systems in its entirety, and specifically,with HAR 11-62-27(i) as amended or replaced. [E-E--.] CC. University of Hawaii Condition. Applicant shall provide the following to relocate the University of Hawaii operations: 1. [Connectivity ] Provide connection of roads and all utilities into the University of Hawaii 500-acre site for connection to the first Universi1y building. Applicant shall allow the University of Hawaii to connect with its wastewater and water supply systems. Applicant shall also allow the University of Hawaii to connect electrical and telecommunication systems to facilities installed within the project. These connectivity sites shall be to the University's satisfaction and located along its northern boundary on [Dead°1"] University Drive(Road section 2A—Kona CDP). 2. Build Applicant's wastewater treatment system to handle the wastewater from the initial University of Hawaii building and design the wastewater treatment system to accommodate future expansion for wastewater from future expansion of the University of Hawaii operations. 3. Design and construct an initial classroom and administration -25- building of 20,000 square feet, with associated parking, at Applicant's expense. If the University of Hawaii design results in the cost of design and construction of the building and associated parking exceeding$5,000,000,Applicant shall be responsible for the first$5,000,000 and the University shall be responsible for the balance. (a) The building shall be constructed on the State land designated for University use. bb) Construction [en] of the building shall commence as soon as the University has the required [the] necessary consents and approvals. If the necessary consents and approvals cannot be obtained by the State,the University shall have the right to lease from Applicant appropriate space to house University of Hawaii at West Hawaii until the necessary consent and approvals are obtained at comparable lease rates now being paid by the University of Hawaii until the 20,000 square foot building can be constructed on the State land at Applicant's expense. (c) Applicant shall commence construction of the building,or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawaii Community College,before the issuance of a certificate of occupancy for any building, other than the DOE building, or final subdivision approval for any subdivision creating single-family residential lots. (d) Applicant shall complete construction of the University building no later than two (2)years after the issuance of a certificate of occupancy for any building, other than the DOE building, or November 1 2012 or final subdivision -26- approval for any subdivision creating single-family residential lots whichever occurs first. The location and design of the building(interior and exterior)and related improvements will be on terms determined by the University of Hawaii. The University of Hawaii shall consult on design of said building with Applicant. 4. Immediately upon completion of the University of Hawaii conditions CC. (1), (2), and(3)above all improvements shall become the property of the University of Hawaii. [1 ] DD. Applicant shall enter into an agreement with the DOE, in accordance with the terms of the State Land Use Decision and Order(Docket No. A03-744) dated May 19, 2005. If Applicant's agreement with the DOE is later amended, Applicant shall file a copy of such amendment with the Planning Department and shall comply with the terms of the amended agreement. Applicant shall contribute to the DOE an 8,000 square foot building within the project site to use for a period of twenty(20)years, subject to the following conditions: 1. No rent or common area maintenance fees will be charged to the DOE. 2. The building will be used as instructional and office space for the school complexes located in west Hawaii. 3. The building will meet DOE facility standards,with finished classrooms, workshops and offices. 4. Applicant will collaborate with the DOE on the requirements of the building in order to develop building plan subject to DOE approval. 5. The finished building will be available to the DOE within two (2) years of the issuance of a certificate of occupancy for any -27- multifamily residential building, or within two(2)years from the completion of ay single-family residential building within the development,whichever comes first. 6. Following the initial twenty(20)year period when the building will be made available to the DOE,the building will be made available to the DOE for additional years, at the prevailing rental rates. 7. If the DOE and Applicant determine that despite good efforts,a building cannot be provided, or the DOE no longer needs the facility and its design has not been completed,Applicant will make an equivalent school fair-share cash contribution in an amount to be determined by the DOE. This cash contribution shall be expressly reserved for use within the Kealakehe complex of schools. 8. The value of the building and its use is meant to be credited against any DOE requirements under the State Land Use Decision and Order. [F ] EE. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a certificate of occupancy. [1 ] FF. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11,Article 1, Hawaii County Code,relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval for any subdivision creating single-family residential lots, whichever -28- occurs first. The reduction in minimum lot sizes and the increase in density permitted by Section 11-8,Hawaii County Code, for affordable housing built on-site shall not apply to this project district because the reduction in minimum lot sizes has already been incorporated into the conditions of this project district zoning, and the limit on residential units stated is meant to include affordable units built on-site. Applicant shall satisfy its affordable housing requirements by on-site construction of units, and not utilize any affordable housing credits generated off-site. [I-:] GG. Should any unidentified sites or remains such as artifacts, shell,bone,or charcoal deposits,human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. [J-J-] HH. The applicant shall implement the Integrated Natural Cultural Resource Management Plan(INCRMP)dated May 19, 2005, for the Lowland Dry Forest Preserve(Exhibit"D"and"F"to the INCRMP). Preservation actions, with fire control as a priority, shall begin no later than six months after the effective date of this ordinance. [KK'] Il. The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to preserve the major stands of wiliwili trees. [bb-.] JJ. The applicant shall implement the INCRMP for the cave areas(Exhibit "E"to the INCRMP). -29- [MM--] KK. The applicant shall implement the Archaeological Preservation Plan (Exhibit"C"to the INCRMP), along with any amendments and modifications thereto as approved by the State Historic Preservation Division. [N#:] LL. The Planning Director may approve modifications to the INCRMP conforming to the general purposes of the INCRMP, after consultation with the DLNR-DOFAW. [98:] MM. To ensure that the property will be developed as an integrated project,the applicant shall establish covenants to all deeds to any parcels, except parcels to be conveyed to individual residents,that require a master association to administer the development of the project district in accordance with the conditions of land use approvals. The covenants shall give notice that the various parcels are subject to an overall zoning that requires coordinated development. Until the master association is formed, the applicant shall be responsible for ongoing duties such as the management of the Dry Forest Preserve Area and other stewardship duties, and for contingent project responsibilities. After the formation of the master association,those responsibilities, except for offsite infrastructure requirements, shall be transferred to the master association. [lam]NN. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police,solid waste disposal facilities and roads. The fair share contribution shall become due and payable on the sale or lease of residential units subject to such contribution. The fair share contribution shall have a maximum combined value of[$6,411.25] $7.383.36 per multiple family residential unit([Q°,°�o] $11.506.13 per single family -30- residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential units) shall be allocated as follows: 1. [83442.49] $3,642.00,per multiple family residential unit ([$4,,817.93 $5,548.46 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. [899.95] $115.11 per multiple family residential unit ([833-x:43] $267.66 per single family residential unit)to the County to support police facilities; 3. [$307:46] $354.08 per multiple family residential unit ([$459.061 $528.66 per single family residential unit)to the County to support fire facilities; 4. [8.137.04] $157.81 per multiple family residential unit ([$200:98] $231.45 per single family residential unit)to the County to support solid waste facilities; and 5. [83,704.31] $3,114.36 per multiple family residential unit ([84,280.82] $4,929.90 per single family residential unit)to the County to support road and traffic improvements. The fair share contribution shall be waived for the affordable housing units. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to fire,police,and solid waste disposal facilities within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies -31- and approval of the County Council. With respect to the fair share contribution for parks and recreation, that contribution for all residential units will be satisfied when Applicant completes and offers for dedication all of the land facilities for the active use park described in Condition [!-'Un] "S"above. The fair share contribution,, '�� Dfor roads will be satisff�ied��upon completion of the [Mid Level Read(Read"25'),Read Re cc " ,a D d cc^x] University Drive(Road sections 2A 2B and 2C) Kamanu Street Extension(Road 3A),Ane Keohokalole Highway(Road 6A) Kealaka`a Street Extension (Road 7) and Road 1 and their associated intersections. [Q�] 00. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [RR:] PP. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. [&S-.] 00. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Project District Ordinance. The report shall include, but not be limited to,the status of the development= [and] the bond status including the premium payments, and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and approved by the appropriate departments and the Director acknowledges that further reports are not required. -32- [TT;] RR. An initial extension of time for the performance of conditions within the ordinance, 1VI LII[except the yees.fne f:...:.: .,a:*:,.., v 1Ofl may be VAVV 4 granted by the Planning Director upon the following circumstances. 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns,and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time,the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. Condition"TT"are >and,in addition, the new deadline for-the eemplefien-Of Read"42 is not more than two (2)yeafs after the eemplefien of any building, ineluding single family residential buildings, othef than the Univer-sity building of -33- the DOEbuilding.]" SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MAMBER, COUNTY OF HAWAII Hilo, Hawai'i Date of Introduction: September 16, 2009 Date of 1st Reading: October 7, 2009 Date of 2nd Reading: October 21, 2009 Effective Date: November 4, 2009 REFERENCE Com ----495.13 -34- PEN A-5a I Ut r ACRES 9,071.21 N ll 18,434.23 W �. ��.. ow x...... • 'z i01 . e I ; t�jam` ••AGRICULTURALt. � nen nnn� n`i,,! S=1I 1111 � 1llz'I•�Z • in:niii�itu;::%n493=" ijillll����/• . ��'�����, +� pitlUtptt fttlllt.//ppp1g10 9 7 -a.pOttlt r 1RU iUt11 t 77��__ t{ 1.i►'�IN\f'siil -t�i�aKii A la.11{NJ►I►Ut tita.il 1�� a ,.��� •. i'/, 1\{U►{t11p111,,.*dal t I Iiiff; r {/t111iii1 pq �` r �i1�� * am •!u ir. z;\nu.n�I�� n i I' r. z� � � . 1 z qu°I • l u l �! y��� �'•` lII/IIIIII 1 11 1 d t �,�rt,dn 1 1 1111 I `. �i r n�ll� u n l .ul qt�pu ^:• � i ��{ �t •inti I iiiiiiii� _..--°'iiiiiiiiiiz i��-,..,�.Is•.�-.�. ((�a�,, 7 j ��4�_ � .. •-+.�- / �i _ ry .-1 1 u.0 Innmau�i.+ All n�jj i\IL\{i� u�l1+iJ�����I�iCr L +•'�' t 5 � ■Rw..r.is a��.�r tF '�I �/� 1 a•t '`��; �!-� --- t -'w 5 ar z � uu.ula{{ai +ttn� ■'U� .. ,,rye+{ _-__..._ ./tt i /,:;>•/a - 1/��:ai�.�j1•�'�7♦��� �f� �:i C�I-�!.�. �' _Ul u!1 -C-! .bi _„ .����-' `a;�}.511!^i.:•��V=�'�"i/-� • �'-'��' i'ice�,✓��IG � �»fit '�.'"_ 1 .'IIs �`.•�.+��! ` y,.—"'�: AIN 11�� tis ;;y�! �oil - AMENDING SECTION 25-8-3 (NORTH KONA ZONE . . CODE)ARTICLE 8, CHAPTER 25 (ZONING . . •:3 (2005 EDITION), CLASSIFICATION .O • - • TO PROJECT DISTRICT - . AT • .TH KONA, HAWAII PREPARED . . . COUNTYTMENT OF FOR REFERENCE ONLY OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii �- "- "• ED 2) �� .. ! Introduced By Brenda Ford C�'• CA�_LF19T!14 no Date Introduced September 16, 2009 AY NOES ABS EX First Reading October 7, 2009 Enriques L'� • ;` '. Published October 16, 2009 Ford X Greenwell X REMARKS Hoffmann X September 16, 2009 - Postponed Ikeda X Naeole X Onishi X Yagong X Yoshimoto X Second Reading October 21, 2009 0 2 0 To Mavor October 29, 2009 Returned November 4, 2009 ROLL CALL VOTE Effective November 4, 2009 AYES NOES ABS EX Published November 12, 2009 Enriques X Ford X REMARKS Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 6 2 1 0 1 DO HEREBY CERTIFY that the.foregoing BILL was adopted by the County Council published as indicated above — -� APPROVED AS TO FOR AND LEGA lTY: COUNCIL CHAIRMAN DEP Y CORPORATION COUNSEL .� COUNTY OF HAWAII <� Date N O V _ 2 2009 COUNTY CLERK Bill No 137 (Draft 2) Reference C-495.13/PC-45 4pproved/Disup oved this day 09 32 Ord No x , 2D0 MAYOR, COUNTY OF HAWAI'1 William P.Kenoi V OFBJ Leithead Todd ` Mayor - ! Director Margaret K.Masunaga Deputy West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)3234770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 June 7, 2012 Mr. Roger Harris Palamanui P.O.Box 9007 Kailua-Kona,HI 96745 Dear Mr. Harris: Change of Zone No. 09-000094 (REZ-09-000094) Applicant: Palamanui Global Holdings,LLC Request for Extension of Time to Performance Conditions within Ordinance No. 09-132 TMK: 7-2-005: 001, Kau,North Kona, Hawaii This letter is in response to discussions subsequent to our meeting on February 1 of this year regarding the on-going development of Palamanui in coordination with the new Hawaii Community College campus and the need to address the status of compliance of certain performance conditions of the ordinance that established the Project District zoning district classification for this particular project area. We apologize for the time it has taken us to formally respond to your request. Change of Zone Ordinance No. 09-132, which established the Project District zoning district classification for Palamanui,was approved by the Hawaii County Council with an effective date of November 4, 2009. The following discusses selected conditions within the ordinance to confirm or address the status of its compliance at this point in time. COMPLIANCE 1. Condition K—Commence Substantial Construction Substantial construction of the proposed development shall commence within five (5) years from the effective date of the Project District Ordinance. "Substantial construction" means the actual start of construction of project infrastructure under a bona fide contract of not less than ten million dollars ($10,000,000.00). Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify proposed structures,fire protection measures,paved accesses and parking stall, and other improvements associated with the proposed uses. Planning Dept. Exhibit- 47 � wti«v.cohplanti ingdept.com Hawai'iCounty isanEqual Opportunity Provider and Employer planningcco.hawaii.hi.as JUN 7 n E Mr. Roger Harris Palamanui June 7,2012 Page 2 We confirm timely compliance of this condition with the commencement of mass- grading activities for the Palamanui Town Center, Trade Center, Business Park and backbone infrastructure and the on-going construction of the Kamanu Street(Mid-Level Road),that combined have committed more than$10 million in construction costs. 2. Condition V(2)— Construct Kamanu Street(Road 3A) The applicant shall construct the mauka half-section of a 120 foot wide right-of-way to County-dedicable standards as a two-lane road. The applicant shall construct the intersection at Kaiminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on Kaiminani Drive. The intersections at the northern and southern end of this road shall have illumination. This road shall also be provided with a utility trench suitable for installation offuture street lights by the Department of Public Works or the State Department of Transportation when such illumination is determined to be necessary. The construction of this roadway shall be completed simultaneous to the opening of the first building on the State land for the University of Hawaii or before July 31, 2012, whichever occurs first. " We confirm compliance with Condition V(2) with an agreement with the University of Hawaii for the construction of the Kamanu Street as detailed above and secured by $4.4 million reimbursement to the University upon its completion, funds currently held in escrow. 3. Condition CC(3)—desijzn/construct initial UH classroom/admin building (in-part) Design and construct an initial classroom and administration building of 20,000 square feet, with associated parking, at Applicant's expense. If the University of Hawaii design results in the cost of design and construction of the building and associated parking exceeding five million dollars ($5,000,000.00), applicant shall be responsible for the five million dollars ($5,000,000.00) and the University shall be responsible for the balance. We confirm compliance with this condition by the University of Hawaii's acceptance of $5.2 million for the balance of design and construction of this facility,for which the University has accepted all design and construction responsibilities. EXTENSIONS OF TIME 1. Condition V—Construction of Roads identified by General Plan&Kona CDP a. V(1)—University Drive from Queen Kaahumanu to Makalei Drive b. V(2)—Kamanu Street from University Drive to Kaiminani Drive C. V(3)—Inter section of Queen Kaahtunanu Highway and University Drive Mr. Roger Harris Palamanui June 7,2012 Page 3 The subcomponents of Condition V and the completion of specific roadway improvements are tied in with the completion of the University building or by a deadline of July 31, 2012,whichever occurs first. Improvements to the Queen Kaahumanu Highway-University Drive intersection is tied solely to the opening of the University building or completion of any single family homes within the Palamanui development. The applicant has demonstrated its continuing efforts and commitments to implement these roadway improvements either through its direct construction or coordination with the University of Hawaii. As detailed within its letter,the Applicant provides a discussion regarding the status of roadway construction drawings for the required road segments or the status of its construction. While the Applicant has made significant progress to implement these required road segments, additional time is necessary to complete these improvements; and we find that the additional time for performance is justified. Therefore, an administrative extension of time for the completion of roadway improvements specified within Condition V is hereby granted with the revised compliance deadlines detailed below: a. V(1)—University Drive from Queen Kaahumanu to Makalei Drive—March 31, 2015 b. V(2)—Kamanu Street from University Drive to Kaiminani Drive—March 31, 2015 c. V(3)—Intersection of Queen Kaahumanu Hwy & University Drive—March 31, 2017 As indicated by the Applicant, the first University building is anticipated to be completed by July 31, 2014. Access to this building will be provided by Kamanu Street(Ane Keohokaloli Highway),whose completion is anticipated this year. The extension of time for this particular road segment is just a precautionary measure. d. Condition CC(d)—Complete Construction of University Building and support facilities This condition outlines various obligations upon the Applicant to construct the initial University of Hawaii classroom and administration building and provide access and utility support to same by a deadline of November 1, 2012. The Applicant and the University of Hawaii has entered into an agreement where the University has assumed the responsibility of design and construction of this initial University building, along with its wastewater disposal system. The University anticipates completion of this initial University building by July 31, 2014. The Applicant's continuing responsibility under Condition CC is to ensure the availability of water, electricity and telecommunication services to support this initial University building. Mr. Roger Harris Palamanui June 7,2012 Page 4 We find that the Applicant remains in compliance with the requirements of Condition CC and that no extension of time is necessary. Performance conditions within ordinances are provided to ensure the timely completion of improvements as represented by the Applicant or required by the County Council. In this particular situation,the Council required the Applicant to complete the initial University building by November 1,2012. However,the University of Hawaii has assumed the responsibility for the completion of this building and the Applicant has funded its construction to the extent of its obligation under Condition CC with a contribution of$5.2 million, which includes the design and construction of its wastewater disposal system. Since completion of the initial University building is no longer the responsibility of the Applicant, the November 1, 2012 deadline as prescribed by Condition CC(d) is no longer applicable. We hope that we have addressed all of the items as requested in your letter. Please do not hesitate to contact Daryn Arai of this office at 961-8142 should there be any further questions or need for assistance. Sincerely, BJ LEITHEAD TODD Planning Director DSA:smn P:/wpwin60/dsa/2012/PalamanuiREZ-09-97TE.doc xc w/1tr: West Hawaii Division DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 22, 2020 TO: Michael Yee, Planning Director FROM: Department of Public Works, Engineering Divisiool---- SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-132 (REZ05-00001 0) Applicant: Palamanui Global Holdings, LLC Request: Amendment to Condition S (Park Facilities) and Condition V (Roadway Improvements) TMK: 7-2-005:portion 001 Sorry for the delay. We have reviewed the subject request forwarded by your memo dated August 14, 2020 and offer the following comments for your consideration: Condition S (ParkFacilities} We have no comments regarding this section, Condition V (Roadway Improvements) Roads which will be dedicated to the County and are designated as collector roads, shall have a pavement structure based on a certified pavement design substantiated by an engineer's soil report. Therefore, we can not accept the 2 inch/4 inch/6 inch pavement structure in Exhibit A-6. Any landscaping or permeable surface (ie. shoulders) will need to be maintained by the developer or homeowners association via a landscape maintenance agreement once any roads are dedicated to the County. Regarding Exhibits A-5, A-6, and A-7 for Street Type 1, 3, 5, and 9 for dedicated roads, the trees, other landscaping, swale and shoulder areas are to be maintained by the Home Owners Association (HOA), the drainage features below the swale and retention basin should also be maintained by the HOA because the HOA's maintenance efforts or lack thereof will directly affect the performance of the drainage features and the retention basin. The bike path and swales will need to have a minimum 2-inch thick a.c. pavement to comply with our 2018 standard details. Planning Dept. 1 County ol'Ha%a n is,art Equal Oport punitv Panidorand Finplover ,16553 Exhibit 8 Memo to Planning Department Page 2 September 22, 2020 If at any time in the future, the owner decides to dedicate any of the private roads to the County, the entire right-of-way will need to meet the minimum current dedicable standards at the time of dedication. If the HOA decides that they no longer want to be responsible for maintenance, those areas will need to be improved to current standards. Phase I We have no objection to the construction of the extension of Road 3A from Ane Keohokalole Highway to University Drive (Road 2) during this phase. The improved half of the 120-feet wide right-of-way shall be in alignment with the County section approaching from the south. Improvements shall include but not limited to County dedicable standards for a two-lane road with sidewalk, drainage improvements, and street fighting. We recommend that the remaining 60-feet width of the 120-feet wide right-of- way be rough graded to avoid any transition issues with adjacent properties. Dedication of the improved half of the right-of-way (separate road lot from the other half) may occur once that section of roadway connects to an open section of Ane Keohokalole Highway and shall be at no cost to the County. Dedication of the unimproved half shall be at the request of the County, occur no earlier than the dedication of the improved half, and also at no cost to the County. Phase 2 We recommend that University Drive (Road 2)from Queen Ka'ahumanu Highway to Ane Keohokalole Highway be constructed during this phase instead of Phase 3 in order to provide better traffic circulation to the university and the proposed hotel, proposed 30,000 square foot commercial development, and proposed 250 residential units to be constructed in Phase 1 and the proposed 200 residential units to be constructed in Phase 2. Otherwise, the only access to the development is via Ane Keohokalole Highway that has to pass through the intersection with Kaiminani Drive. We have no objection to University Drive from Ane Keohokalole Highway to the eastern edge of the development be constructed in Phase 3. We have no objection to the 88-feet wide right-of-way from Queen Ka'ahumanu Highway to Road 6A and the 60-feet wide right-of-way from Road 6A to eastern edge of the development. Phase 3 We recommend that Road 3A from University Drive to the northern boundary of the development be constructed during this phase instead of Phase 4 in order to improve traffic circulation off of University Drive from the private roads and as an alternate route for the 200 residential units constructed in Phase 2. County tit-Hx,%aii igen LqUAI Oppootuntt, Pwol ido,and Fmpknci Memo to Planning Department Page 3 September 22, 2020 Phase 4 We recommend that the construction cost for Road 1 be bonded after the archaeological survey has been completed and AIS approval has been acquired or construction has been completed either by the applicant or some other entity or an alternative public road connection between the project area to Mamalahoa Highway becomes available. A right-of-way that has not been verified for archaeological artifacts may require re-alignment. We do not support reducing the right-of-way width from 120-feet to 88-feet because the road crosses private property. It is essential to remain consistent with the 120-foot wide right-of-way since Road I will be connecting to Mamalahoa Highway. The connection of Road 1 with Mamalahoa Highway should include 2 lanes in each direction so that each lane is independent of the other. Mamalahoa Highway may need to be widened to include a deceleration and acceleration lanes on the makai side of the road, and a turning lane in the middle of the road. The connection of Road I to Mamalahoa Highway is essential because the next east/west road is Kaiminani Drive which is approximately 2 miles south. As depicted in Exhibit A-5, we have no objection to Road 6A being constructed at an 88-feet wide right-of-way since Road 3A is the primary road. This road shall be dedicated to the County upon request and at no cost to the County. Kealaka'a Street extension (Road 7 on Kona CDP but also identified as connecting on the south boundary near the Eco Center in Exhibit A-5) can be reduced from an 88-feet wide right-of-way to a minor collector at a minimum 60-feet wide right-of-way with sidewalks and bikelanes on both sides. This extension shall be dedicated to the County upon request and at no cost to the County. Signalize the Intersection of Kaiminani Drive and Ane Keohokalole Hi hwa We recommend that in addition to the other possible triggers, another trigger would be once DPW receives enough complaints to warrant a traffic study at the developer's cost. Siqnalize the Intersection of Queen Ka'ahumanu,Highwav and UnivegEr§jty_Q[jye We have no comments regarding this improvement. Questions may be referred to Robyn Matsumoto at 961-8327. cc: ENG-KON oullty of H&A At I i,Lill Lquat Opt,-,,muniv. ProOci wid Fmplo,or DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 10, 2020 COH PLANNING DEPT TO: Michael Yee, Planning Director NOV 10 2020 pm3:56 RECD BY EMAIL FROM: Department of Public Works, Engineering Divisi0#__1_ U/ SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-132 (REZ05-00001 0) Applicant: Palamanui Global Holdings, LLC Request: Amendment to Condition S (Park Facilities) and Condition V (Roadway Improvements) TMK 7-2-005:portion 001 It is our understanding that the developer has proposed additional changes to the condition and timing of when Road 2 (from Queen Ka'ahumanu Highway to Ane Keohokalole Highway)would be constructed. The proposal includes the construction of a graded, two-lane, compacted gravel surface emergency access road during Phase 1 and if development occurs in that area prior to Phase 3, Road 2 will be constructed with improvements to serve as access to the new development. We appreciate the timing elements added as follows: • A 20 year time limit for the construction of the Palamanui Project District. It has always been our concern that later phases would not be complete and the burden may be placed upon DPW to complete those roads, • Construction of the Queen Ka'ahumanu Highway-University Drive intersection and University Drive from Queen Ka'ahumanu Highway to Ane KeohokAlole Highway shall be completed prior to Final Subdivision Approval for the Business Park which shall be secured within 10-years. We have no further objections or comments to the Road 2 construction. All other comments from our September 22, 2020 memo are still applicable. Questions may be referred to Robyn Matsumoto at 961-8327. cc: ENG-KON County,DFHawaii is an Equal OppotTurifty Protide,and Firiploycr Pl 137465 anning Dept. Exhibit !I DAVID Y.IGE is OF xisJADE T.BUTAY GOVERNOR ti* iCsp �� DIRECTOR Deputy Directors y LYNN A.S.ARAKI-REGAN +.' DEREK J.CHOW • ` ROSS M.HIGASHI EDWIN H.SNIFFEN STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION STP 20-113 869 PUNCHBOWL STREET STP 8.3014 HONOLULU, HAWAII 96813-5097 September 9, 2020 Mr. Michael Yee Director Planning Department County of Hawaii _ 101 Pauahi Street, Suite 3 r Hilo, Hawaii 96720 j - Attention: Ms. Maija Jackson Dear Mr. Yee: Subject: Amendment to Change of Zone Ordinance No. 09-132 (REZ 05-000010) Amendment to Condition S (Park Facilities) and Condition V(Roadway Improvements) Palamanui Global Holdings, LLC North Kona, Hawaii Tax Map Key: (3) 7-2-005: 001 (Por.) The State of Hawaii Department of Transportation (HDOT) has reviewed the subject amendment request and understands the applicant, Palamanui Global Holdings, LLC is requesting to amend Condition S and Condition V of the Project District Ordinance (PDO). The amendments are being proposed to make the project more financially feasible to develop; reflect the latest Palamanui Master(Regulating) Plan which has evolved over the years to be consistent with the Kona Community Development Plan (KCDP) and its Village Design Guidelines; align the construction of, and contributions by the Palamanui project with the planned University Village; and more accurately reflect current market demand and conditions, including traffic conditions. HDOT has the following comments: CONDITION V(ROADWAY IMPROVEMENTS): TIME EXTENSION FOR COMPLETION OF QUEEN KAAHUMANU HIGHWAY INTERSECTION AND UNIVERSITY DRIVE (ROAD 2) Background: The Request for Amendment includes the Palamanui Project Report dated May 2020, and the August 10, 2017 Traffic Assessment(TA) for Palamanui Project,prepared by Austin Tsuts mi®__ &Associates. The TA is intended to update the project's 2014 and 2016 Traffic Impa t7+1..'rAl�l + Planningis Exhibit _ SEP 17 Mr.Michael Yee STP 8.3014 September 9,2020 Page 2 Analysis Reports (TZAR), neither of which were provided with the Request for Amendment. There are inconsistencies between the Project Report of 2020 and the 2017 TA with respect to the proposed phasing of the University Drive and Queen Kaahumanu Highway intersection improvements. For example, the 2017 TA scenario assumes the University Drive and Queen Kaahumanu Highway signalized intersection is constructed in Phase II to provide the only access to the 30-acre Industrial Commercial land. University Drive would be extended further mauka during subsequent phases. The Project Report provides a rationale for delaying the Queen Kaahumanu intersection improvements (e.g.,traffic signal)to Phase III and cites the conclusions of the 2017 TA; however,this scenario was not studied in the 2017 TA. The reliance on prior TIARs for traffic conditions is problematic due to the recent completion of significant Queen Kaahumanu Highway improvements and changes in land use that could affect the cumulative impacts. For these reasons,the HDOT is not providing comment on the 2017 TA or prior TIARs. CONDITION V(1): UNIVERSITY DRIVE FROM QUEEN KAA14UMANU HIGHWAY TO MAKALEI DRIVE: V(1) a. Construct segment from Queen Kaahumanu Highway to Ane Keohokalole Highway (Road 6A) in Phase III and extend University Drive to Makalei Drive in Phase IV. V(1) c.3. Construct the Queen Kaahumanu intersection improvements before issuance of a certificate of occupancy for any building within Phase III. HDOT Response:Regardless of the amended phasing for project, HDOT approval for a new access to a State highway is not filly met until HDOT approves the Application for Use and Occupancy Agreement and Grant of Access to Queen Kaahumanu Highway. The materials provided in the Request for Amendment are not sufficient to assess fitture project-related traffic impacts by construction phase or mitigation for those impacts at Queen Kaahumanu Highway and University Drive intersection. Prior to the construction and use of any segment of University Drive, the applicant shall submit, to HDOT for approval, a new traffic impact assessment with mitigation recommendations for the project fill build-out and project phasing. The impacts to the Makalei Drive and Mamalahoa Highway intersection in Phase X should be included in the traffic assessment. The mitigation shall be approved by HDOT in writing. An Application for Use and Occupancy Agreement and Grant of Access, and construction plans prepared by a Hawaii licensed professional engineer shall be submitted to the HDOT District Engineer for review and approval prior to applying for a permit to perform work in State highways. CONDITION V(2): KAMANU STREET FROM UNIVERSITY DRIVE TO KAIMINANI DRIVE, and CONDITION V(3) PORTION OF KEOHOKALALOE HIGHWAY AND ROAD 6A OF KCDP. HDOT Response: The amended phasing of the improvements under Conditions V(2) and V(3) would not have an adverse impact to State highways. CONDITION V(4) CONNECTOR ROAD 1 OF KCDP. a Mr.Michael Yee STP 8.3014 September 9,2020 Page 3 The request is to postpone commitment to this improvement until the approved development density is increased. HDOT Response: The amendment would not adversely impact State highways. If there are any questions,please contact Mr. Blayne Nikaido of the HDOT Statewide Transportation Planning Office at(808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. Sincerel JADE T. BUTAY Director of Transportation IN CW Harry Kim Roxcie L.Waltjen Mm,or `' Director Wil Okabe Maurice C.Messina Managing Director � Depute Director C,vuntp of abm i DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street,Suite 6*Hilo,Hawaii 967124 (808)961-8311 r Fax(808)461-8411 Email:mks recreationAhawaiicount°.goy http-./Iwww bawaiicounhr.aov/parks-and-recreation/ MEMORANDUM DATE: April 30, 2019 TO: Mr. Michael Yee, Director Planning Department ATTN: Mr, Bennett Mark FROM: Ms. Roxcie Waltjen, Director Department of Paries and Recreation RE: Kona CDP—Design Center Review Amendment to Project District Ordinance No. 09-132 Palamanul Global Holdings, LLC Ka`u, North Kona, Hawaii, TMK (3)7-2-005: 001 portion It is our understanding that the Design Center, as established by the Kona.Community Development Plan, requests our input on the subject matter. We have reviewed the revised Palamanui Master Plan with its representatives on several occasions, the most recent time being on November 28,2018. That meeting focused on the revised Master Plan and Palamanui's proposed amendments to the referenced Project District Ordinance, which also included conditions relating to parks=. In sum, Palamanui's proposed park-related amendments were to: a) Dedicate to the County, prior to the issuance of the building permit for the 251 st residential dwelling unit,a minimum of ten(10)acres of usable land that includes a developed regulation high school soccer field, regulation high school ball field, comfort station, parking, dog park and maintenance area inclusive of all necessary utilities and recreational amenities in a manner acceptable to the Director of Parks and Recreation; and bj Dediicate to the County, upon the County's request, ten (10)additional acres of usable land for the purposes of park expansion and the development of additional recreational facilities. These additional lands shall be contiguous with the prior dedicated park lands and shall be configured and defined in a manner acceptable to the Director of Parks and Recreation. However,this dedication could also occur concurrent with the completion and dedication of the first ten (10) acres of improved park land. In concept, we have no objections to these proposals. However, relative to the smaller open space/public areas contained in the developer's proposal, we would not be receptive:to;its dedication to the County to be placed under the management of our department. While these areas Have important value to the future residents and visitors to this area, they should be maintained by the developer or appropriate homeowner's association,which we understand is acceptable to the developer. We trust that this sufficiently addresses the Design Center requirements. if needed,we will supplement our comments when the applicant's submittal is circulated for agency comments by your office. Thank you very much. 1 County of! owai'i is an Equal opportunity Provider and Employer. Planning Dept. Exhibit ,3V*AT lzA ay DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'1 96720 TELEPHONE(808)961-8050 - FAX(808)961-8657 September 21, 2020 TO: Mr. Michael Yee, Director E `-`' iiflN11 ' I" ` Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No.09-132 (REZ 05-000010) Applicant—Palamanui Global Holdings LLC Request: Amendment to Condition S (Park.Facilities) and Condition V (Roadway Improvements) Tax Map Key 7-2-005:Portion 001 We have reviewed the subject request and have the following comments and conditions. Water will only be available subject to the applicant complying with the requirements of the Water Agreement and completion and dedication of the necessary coater system improvements to support any development within the project. The Department will request to revise the Water Master Plan for this project to correlate the necessary water system improvements with the proposed phasing of the development's master plan. Lastly, please be informed that due to the conditions in the Water Agreement, the amount of water available for proposed developments within the project are subject to the performance of the well that is currently being repaired. The applicant has submitted an amendment to the existing Water Agreement and is being reviewed by the Department. Should there be any questions,please contact Mr.Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy — Palamanui Global Holdings LLC CP�l�anning Dept. `tNater, our Most ftecious�vsource. . . 7o `tNaiA line. . . t 1, 634 1 Exhibit The Department of Water Supply is an Equal opportunity Provider and emptoyer. DAVID Y.IGE a BRUCE S.ANDERSON PhD. GOVERNOR�F=HAWA=E ,..,c t�yQ �t''} L'RECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O.COX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: September 25, 2020 TO: Mr. Michael Yee Planning Director,County of Hawaii FROM: Eric Hon District Environmental Health Program Chief SUBJECT. Amendment to Change Zone Ordinance No. 09-132 (RE7 05-000010) Applicant: Palamanui Global Holdings, LLC Request: Amendment to Conditions S (Park Facilities) and Condition V (Roadway Improvements) TM -- 7-?-005. ortion of 001 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Public Fater Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a"public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules,Chapter 11-20(HAR l 1- 20), and titled "Rules Relating to Public Nater Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, arae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to demonstrate and meet minimum capacity requirements prior to their establishment, per HAR 11-20-2.9.5, titled"Capacity Demonstration and Evaluation." This requirement involves demonstration that the system will have satisfactory Michael Yee September 25, 2020 Page 2 of fi technical, managerial and financial capacity to enable the system to comply with safe drinking water standards and requirements, Projects that propose development of new sources of potable water serving or proposed to serve a public water system must comply with the terms of HAR 11-20-29. This section requires that all new public water systern sources be approved by the Director of health (Director) prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements specified in RAR 11-20-29. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water-quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories Division of the State of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the Director for this submittal or additional tests required upon his or her review of the information submitted. All sources of public water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source water protection plan for that source and activities which will take place to protect the source of drinking water. Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HAR 1 1-20-30, titled "New and Modified Public Water Systems". These projects include treatment, storage and distribution systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of hater or Water Supply has been delegated to them. All public water systems must be operated by certified distribution system and water treatment plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public Water System Operators". All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of water from the non-potable system to the potable. system. The two (2) systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow prevention devices to avoid contaminating the potable water supply_ In addition backflow devices must be tested periodically to assure their proper operation. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 11-21, titled Cross-Connection and Backflow Control is also required. All projects which propose the establishment of a potentially contaminating activity (as identified in the Hawaii Source Water Assessment Plan) within the source water protection area Michael Yee September 25, 2020 Pa- 3 of 6 .e of an existing, source of water for a public water supply should address this potential and activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. For further information concerning the application of capacity, new source approval, operator certification, source water assessment, backflow/cross-connection prevention or other public water system programs, please contact the SDWB at 586-4258. The Department of Health (DOH),Clean Water Branch (CWB), acknowledges receipt of the subject document on August 14, 2020. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance Any project and its potential impacts to State waters must meet the State's: I Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 21) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules CHAR), Chapter 11-541, A Section 401 Water quality Certification (WQC) is required if your project/activity: - Requires a federal permit, license,certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(121), and 502(6). Examples of"discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage,construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes,concrete/sealant/epoxy, and washing/cleaning effluent. Z� Determine if your projectlactivity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (PDH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021, Federal Energy Regulatory Commission Tel. 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: lir p, Please see HAR, chapter t t-54 for the State' Water Quality Standards and for Michael Yee September 25, 2020 Page 4 of 6 more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at. • National Pollutant Discharge Elimination System (NPDES) permit coveragre is required for: -Storm water associated with construction activities for land disturbances of one(1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing,excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System, -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters, An application for an NPDES individual permit must be submitted at least 180 calendar days bet-ore the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: d A Notice of Intent (NOI) for coverage under a specific NPDES general permit Must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOL The NOI is available on the e-Permitting Portal website located at: Please see HAR, Chapter It-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter t 1-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: ; _ • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Michael Yee September 25, 2020 Page 5 of 6 Monitoring • Effluent discharge and/or receiving water monitoring may be required as t, zr 1� - conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act, For more information on projects and funding opportunities,please visit: Wi'I'll If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section,CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: 1w,,,Ji'mil. Anycomments specifically applicable to this project should be adhered to. Michael Yee September 25, 20220 Page 6 of 6 47 The same website also features a Healthy Community Design Stuart Growth Check-list (Checklist) created by 'Built Environment Working_Grow p_(BE)yQJ of the Hawaii State Department of Health. The BEWG recommends that state and County planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask, you to share this list with others to increase community awareness on healthy community design. Merin Ashley From: Stephen Raymond <Stephen.Raymondert.com> Sent: Monday, September 28, 2020 2:19 PM To: Planning Internet Mail Subject: Palamanui Supportive Testimony: To the Commission Clerk: From the vantage point overlooking almost all the land adjacent to the Palamanui campus over the past few days, I've had a chance to imagine the impact o the Palamanui development as presented in a slides shared recently with the current Board of Makalei Estates. Count me as an enthusiastic supporter. I know some of the hurdles and challenges that Palamanui, Guy Lam and associates faced in successfully developing Makalei as an agricultural community some 20 years ago. Developments really can add to the environment if done properly. The vision for a community centered around the college for extension and appreciation of Hawaiian culture and education will clearly be an enhancement. Students can live near a campus, visiting researchers, scientists, cultural leaders, etc. can meet where they will be inspired to contribute to the community and future of this island. bids will enjoy the planned park. And I think we can expect from these developers that we won't experience through traffic, bright lights, or loud noise. For us at Makalei, the nearby access to some shops and restaurants in a mixed community would be appealing. I recall the unfortunate proposition by others to put in a drag strip and rare track. It's as if the "empty" land serves as temptation to make things worse. That racetrack proposal seemed to me a contradiction of the spirit of the land. The Palamanui College community is the opposite---it will enhance and enrich life. And it aspires to help shape the future of the Island in ways that will also brim some aloha to those folks who live on the mainland, From my experience with Roger Harris and Mr. Lam, I know you have kept your ward and have extended yourselves to ensure the infrastructure (water, power, roads) serves Makalei dependably and aesthetically. I trust our neighbors who know something of those contributions will not only feel some admiration for the plans you lay out, but some confidence that you will succeed in delivering on the commitments you make. I'm glad to look forward 20 years and to endorse your vision. Planning 1 .16430 Aloha nui, --Steve Stephen A. Raymond Past President Makalei Community Association 72-4088 Pa Kukui Drive Makalei Estates Kona 6175491229 Mori, Ashley From: Aaron Stene <aaron@aaronstene.net> Sent: Friday,October 02, 2020 6:47 PM To: Planning Internet Mail Cc: Yee, Michael;Surprenant, April Subject: Palamanui Global Holdings LLC`s Request To Amend REZ 05-000010 Importance: Nigh Aloha Leeward Planning Commission members, I wish to make a public comment pertaining to Palamanui Global Holdings LLC's request to amend REZ 05-000010.As far as I understand,the condition that Palamanui has to secure funding for the mauka to makai connector road has made this project financially unfeasible. I agree the need for this roadway extension isn't needed at this time,especially since Palamanui has adjusted the overall phasing of this project. This is why I propose the following condition changes: 1. Palamanui conveys the right of way for the mauka to makai connector road to the county 1a.This would be an acceptable trade off for the community and Palamanui for reasons stated below. 1b.Palamanui has already expended roughly 22 million dollars on infrastructure improvements for the University of Hawaii Palamanui Campus without receiving any financial return on their investment 1c. Palamanui will be constructing a 10 acre public park that will be dedicated to the county 1d. Palamanui has adjusted the phasing of their project,so the need for a mauka to makai connector won't be there for at least 10-15 years, but there will be a need to increase north to south traffic circulation in the meantime. 2.This is why Palamanui should financially contribute to the construction of the future Ane K. Highway Phase III instead (between Hina-Lani Street and Kai inani Drive. 2a.This proposed highway project would benefit both the public, but also Palamanui. 2b. It would ease the peak hour traffic congestion on Hwy 190(Mamalahoa Highway)and also improve roadway connectivity to the Palamanui project itself,which the proposed mauka to makai connector road between the project and Hwy 190 won't do. Sincerely, Aaron Stene Aaron Stene aaron@aaronstene.net 808-333-0996 Planning Der) .t 1. I6538 Exhibiti 3 Kona = Kohala �. CHAMBER OF COMMERCE October 14, 2020 RE: Palamanui Development Dear Chair Carr Smith and the Leeward Planning Commission, The Kona-Kohala Chamber of Commerce is a 501(c)(6) non-profit organization with nearly 500 . member businesses that represent a wide range of industries in the private, non-profit and public sectors in the Kona and Kohala districts on the west side of the island of Hawai'i. Our mission is to provide leadership and advocacy for a successful business environment in our region. After advocating for a new West Hawai'i campus for decades, Hawai'i Community College— Palamanui was opened in August 2015. This campus became a reality through a collaborative effort that included significant contributions from Palamanui Global Holdings. After five years, this campus provides educational opportunities in programs such as liberal arts, Hawaiian studies, culinary arts, nursing and natural sciences. Additionally, the campus is home to the University Center, West Hawai'i that offers over 60 degree and certificate programs including graduate level studies in business administration, education, healthcare and social work. The Kona-Kohala Chamber of Commerce supports the growth of Hawai'i Community College- Palamanui's campus, programs and staffing. We advocate for the expansion or establishment of programs that feed directly into the region's key industries including the visitor industry, agriculture, aquaculture, astronomy, aviation, business, education, healthcare, marine and STEAM (science, technology, engineering, art & math) endeavors. To continue to grow and thrive, the campus needs the surrounding Palamanui development. To achieve this, Palamanui Global Holdings continues to work toward this goal. This development would not only help the college, but also provide jobs during construction and housing for our community. The community benefit from the completion of the campus is evident. Now, it's time to complete the surrounding development. The Kona-Kohala Chamber of Commerce supports Palamanui Global Holdings request for amendments. Sincerely, Wendy J. Laros, M.Ed. Executive Director, Kona-Kohala Chamber of Commerce Kona-Kohala Chamber of Commerce 75-5737 Kuakini Hwy. Suite 208 1 Kailua-Kona, HI 96740in Ph. (808)329-1758 Fax(808)329-8564 e info kona-kohala.com I www.kona-kohala.com Exhibit-lb— Office of the Chancellor UNIVERSITY of HAWAI'i, r RkwAfi COMMUNITY COLLEGE October 13, 2020 Email to planning a,hawaiicounty.Qtov Reference: Proposed Amended Project District Ordinance 09-132, Palamanui LLC On behalf of Hawai'i Community College, I like to express our support for the proposed amendment to the Project District Ordinance 09-132 by the Palamanui LLC. It is my understanding that the proposed amendment would 1) outline a phased in development plan; 2) develop 10 acre park and convey the reamining 10 acres to the County; and 3) defer construction or bonding of the connector road until 900 residential units are built. The proposed development of the Palamanui project is an integral part of the College's Palamanui campus. The planned amenities of the project's business park and its potential residents play an important part in the implementation of the campus` academic and facility master plan. Palamanui since its opening in 2015 has seen considerable enrollment growth as compared to its prior location at Kealakekua mall. It has proven that there is demand for post- secondary education to the west side of our Island. However, students for this campus are limited with opportunities necessary for them to thrive. This includes options for housing, food, mobility and transportation. The Palamanui development project will be able to fill these needs and open more options for our students to succeed. Hawai'i Community College is steadfast in its role in serving all segments of our Hawaii Island. We anxiously await our Palamanui development neighbors so that we can further expand programs and offerings for college and career opportunities for this part of our Island. We appreciate your time and consideration. Mahalo nui. Sincerely, Rachel Solemsaas, Ed.D Chancellor cc: Raynette Haleamau-Kam, Interim Director Palamanui Campus 1175 Manono Street Hilo,Hawai'i 96720-5096 Pl Telephone:(808)934-2503 n{ Dept. Fax:(808)934-2501 ® www.hawacc.hawaii.edu it An Equal Opportunity/Affirmative Action Institution J *M +K , vio1-1N M. KNOX & AS-oOCIATES, INC. TESTIMONY OF JOHN M. KNOX, PH.D. ON PALAMANUI PROPOSAL _. Hawaii County Leeward Planning Commission, OctA5, 2020 Chair Smith and Commission members, I'm John Knox, a consultant for Palamanui LLC. My testimony is taken from the summary of a report we prepared in 2014 and early 2015. That's obviously been a while, and I should acknowledge that I've not been much active in Kona since, but the report's co-author Dr. Gregory Chun has remained very aware of Hawaii Island and University issues. However, my company John M. Knox & Associates was involved in assessing economic and/or social impacts of West Hawaii developments since the early 1980s. We prepared original assessments for the HOST Park at NELHA, Mauna Kea, Mauna Lani, Waikoloa, Kuki`o, and for an early version of the Palamanui project when it was known as "Lands of Kau." The overall purpose of our report was to assess socio-economic costs if the proposed Palamanui University Village project does not proceed (and/or is delayed indefinitely). With the help of Dr. Gregory Chun, we looked both at some basic economic numbers and also at more qualitative opportunity costs. Perhaps our most fundamental conclusion is that the new University campus will make little sense if it stands in isolation with no adjacent support community, but there are other issues as well. Planning c Exhibit SCANNFD 1001 Bishop St.,Suite 2850■Honolulu.HI 96813 USA■Phone(808)523-1352•Fax(808)523-1353 OCT 8 2020 E-Mail jmk(riiohmnknox.com'Web AwwJohninknox.com ��. 7207 [-J*MtK I John M ix &Associates, Inc. t Oct. 15, 2020 f k What is at stake in terms of measurable economic impact? First, we looked at the economic value of the developer's spending on infrastructure benefitting the campus and/or the wider community — water system, access road to the campus, other direct funding to the University. This has totaled $21.6 million in 2014 dollars (which translates to about $24 million in 2020 dollars). With "ripple" effects, that's $51 million 2020 dollars in economic activity, $16 million in household income, and 339 full- and part-time job- years — almost all of which will be in Hawaii County. Second, we looked at original studies for both the private University Village project and the next phase of campus development, and updated results into 2014 dollars for the report, but I'll again state them here as approximate 2020 dollars. In addition to more than $550 million dollars in total construction output — and 1,840 operational jobs at build-out — the analysis suggests the County would receive $39.2 million in net tax revenues each year when the University Village project is built out. For the future campus expansion, the University's own original study,indicates what is at stake are $39 to $42 million (2020 dollars) in direct construction-related economic activity (twice that with "ripple" effects); 100 FTE direct operational campus jobs with higher average earnings than at present; as well as $31.5 million annually in economic activity at full operations (2020 dollars). We scoured the literature and contacted every major national collegiate planning organization to see if we could find any example of a successful campus with no support community. We could not, and every organization or planning expert we talked to expressed grave doubts that this would be possible. We also talked to West Hawaii Testimony of John M.Knox, PhD, on Pdlamanui Proposal Page 2 JMK4, John M .,x&Associates, Inc. �, Oct. 15, 2020 neighbors and community leaders and identified a number of other potential opportunities at risk if the project does not move, though these may have changed in the years since. In the words of Eric Crispin, former Oahu Planning Department director and also former UH-Manoa director of Physical Management, "the right mix of neighborhood commercial is crucial for the college/university to survive." And "from a land use perspective, [lack of a support community is] simply bad planning and provides for a poor quality of life ..." Testimony of John M. Knox, PhD, on Palamanui Proposal Page 3