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");
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• 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
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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.
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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).
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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
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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
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b) A mgulation"gout for-eaeh side ef the field-
ble..d of ., a ble.,e e,-for-eac- oft a sidelines•
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d) Appropriate feneing to pf:eteet the speetatefs;
f) Fearaing the perimeter-of the baseball
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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
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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
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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--':
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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
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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
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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
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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
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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
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III
Keohokalole Highway prior to the issuance of building.permits for
more than five hundred(500) single-family residential lots and/or
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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
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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
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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.
Page 14 of 14
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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.
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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.
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` 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.
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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
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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.
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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
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Source: County of Hawaii
The County of Hawaii Planning Department I-- Kea4ia
is the repository of the official map.
Kona Community Development Plan
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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
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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.
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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).
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[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-
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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