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HomeMy WebLinkAboutPD RECOMMENDATION RPalamanuiAmendPD05-10.doc 11/1 1/20 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PALAMANUI GLOBAL HOLDINGS LLC AMENDMENT OF VARIOUS CONDITIONS CHANGE OF ZONE ORDINANCE NO. 09 132 (REZ 05-10) Upon careful review of the request,the Planning Director proposes that a favorable recommendation for the request to amend various conditions in Ordinance No. 09132 with modifications be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This favorable recommendation is based on the following findings: 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 Hawai`i- 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"); • 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; i -1- • 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. Thus, 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 VIc3- 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 to be added is underscored): Amended Condition S: S. The applicant shall [develop one 20 a o ark site p to the; e of the buildi..,...o.mit for-the 10 1'single f.. ily„ „1f; family r-esi elwe within the et] provide a minimum of 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 -2- b the he applicant prior to issuance of a Building Permit for the 251 St single- family or multi-family residence with the project. The remaining ten(10) 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 application or Plan Approval for a multiple-family residential project. 1) One Peny Plus League baseball softball field inealuding- b) n e..u4a4;e„ dugout for- ., ee side of ta field• e) Appropriate feneing to pr-etecA the teams; f) Parva, g the peri...,°+°..eft e base a4 field. g) ADA aeeessible pathways to r-eaeh the baseball sefiball field from the par-king areas; h) Plaeeme„4 of gr-ass f appropriateareas of the field. an i) An; .,alio., system installed for-t °..hying meta 2) One Little League e baseball seftba» field ineluding! a) A regulation baekstep7- b) n regulation dugeu4 for- ., ee side e f the field. e.) Pot4able bleaeher-s to seat a minimum of 50 per-sons in ea bleaeher- one blearher-for-eaeh of the sidelines, a) n....,.,,..riate f nei"to p ateet th e)Appropriate feneing to pr-oteet the teafns; f) >;e„eing the pe,.:.,.,eter-e f the bawled field. g) ADA aeeessible pathways to r-eaeh the baseball seftball fi from the par-king areas; -3- h) Dlneef a«t ofgr-ass for- n ate areas fl, field;e . n«a 7 i) Aa iffigatien system installed for-the playing fiekh nl Deftable blenel,er-s to seat n minimum of 50 per-sons in a 1 lenel,e« e e bleeel,e..f«earl, o f the sidelines; b) ADA n .,ib e pathways to. .,el, the s ..field f.e«. the �king ar-ea.,L field;e.) Plaeemen4 of gr-ass for-appropriate ex-eas of the and d)An iFfigafien system installed fer-the sereer-ti 4) One standafd size dog park. 5) One Eemfift stati�en ��eet, wits, lighting, Q7 t d ADA 7 f area,the pafkifig r-e6featiAti..,L 6) One paved par-king let with 56 full size par-king stalls and n van aeeessible ADA pafking stalls fer-a total ef 60 paved par-king stalls raeaneeted by ADA A n sills pathways to all ne+:,.:t,,areas of the n.kf hardened with f ,r :tneing n«a n ate se that, l.. „te,-izea The 20 aer-e eetiye park shall be a nstmetea to a «t,, aea:eable standa � with the s e:fier-equir-ements to be aete.mif ea : eefis„ltnt:e« with the Depa ft«e«t e f Parks and D ee,.ent:e«f na the a .,«tshalln e«t dedieetionr] 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 park, comfort station, parking, landscaping, and related improvements as outlined in the Department of Parks and Recreation-approved park master plan. I I -4- I 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. Amended 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 up to Road 6A of Kona CDP Map, Figure 4-3 and Applicant's Master Plan, Exhibit A-5 [ (Read 6A Kona CDP Map, Figffe 4 ], University Drive [(-2)] (Road 2 of Kona CDP Map,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 shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka`ahumanu Highway to Street(Read 3A Kona CDP) intefseratien with University[appfflydmately 800 feet mauka ef Kamanu Drive] the former Kamanu Street and now proposed extension of the Ane Keohokalole Highway(Road 3A on both Figure 4-3, Kona CDP Map and Exhibit A-5, Applicant's Master Plan) shall be completed [simWtaaeeas to the opening of the first building eenstfueted on the State lead for-the Uniyefsity of 14awai'i e before 2012ehevfirst.] as part of -5- Palamanui's Phase III improvements and prior to the issuance of a certificate of occupant for building within Phase III. The remaining section of this roadway from the [Kamanu St-Feet(3A)] 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. Amended 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 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 reenst-Fueted on the State!an for- e T Tniye,-s ty of u.......:': or-before ., ne f fif eate of n,,,.,,..,ney issued for-",peFfien ef the s*eet property or-the eemp! of any single family r-esideanti—al , wfirst] issuance of a certificate of occupancy for any building within Phase III. Amended 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 -6- 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 CountYHdedicable 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 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 Keohokalole Highway prior to the issuance of building permits for more than five hundred(500) single-family residential lots and/or multiple-family residential units, and prior to the issuance of an occupancy permit for more than thirfv 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. Amended Condition V3: V. 'The applicant shall construct the following roads and improvements -7- 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 Man 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 roadway shall be designed to ftme4ien as a peAien of a ftAufe read- (Read 1 -1Tc9na CDP) 6Annee inn Highway 190. •:t1cr rUniyer3ity Dr-i a and the Queen rr.,'.,t,,,,...an Highway.] 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 upon request. [when the reunty requires it to eenneet with Dead 1 Kon 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. Amended 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: -8- 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. A f ppli.ant ..hall e .,s .. e .,a + t D1� at its sole e o .,o two lane L The final design and m i — le of Read 1 shall b-e of Hawaii to seetwe the right of way for-Read 1 arar-ess State ef of unwai': to a a the figM ..f.:..,.,., ..,tel.,owned lands Apphe.,„t sha l ..et be required to :„stall utilities a streetlights exeept that stfeefligMs shall be insta4led by the appheant at it#er-seefien with Highway 190. The CeuiAy shall obtain the eendition. The bend er-other-seewity shall be pr-ev4ded prior-to the single family lots. The appheant shall eeWlete Read 1 ne !a than six(6)yeafs-after-the-ei#ir-e right of } ed. The time . The applicant shall defer the submittal of any land subdivision or building permit applications for any residential development beyond the aggregate of already approved nine hundred(900) -9- I I� i 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. Deleted Condition V6: [6. Atthe westem(makai) end of Makalei1,..11 *Ae safety impr-e-.emei#s neeessaFy te make a safe transition t&,- nmible stfips-and establishing super- elevation for-the-^v'cu=r,,e,-ass ,,;«ed by the Dena« e.,t of Pu.l;e We«Ls Makalei Drive is ^ '4m i e«read" and will not be open to he pubrro as a dweuo stfeet until Read I is opened for-publie use.] New Condition V7: 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: 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 right-of-way and constructed in conjunction with any of the project's development requiring access from said road. 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 -10- 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 with prior Traffic Impact Assessment Reports 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 Ka`ahumanu 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. Traffic Impact Analysis Reports (TIAR's)prepared by SSFM in 2014 and 2016 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. i -11- 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. 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. -12- • 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 III), • A second wastewater treatment plant, • Signalized intersection at Queen Ka`ahumanu Highway and Road 2 (University Drive), • Signalized intersection at Ka`iminani Drive and Road 3A(Ane Keohokalole Highway). 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. The applicant has been consistently meeting with the Planning Department through its Kona Community Development Plan(KCDP) Design Center and has spent considerable time and money to create an updated Master Plan or"Regulating Plan", -13- which in 2019 was determined by the Design Center to be consistent with the KCDP. 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. A Project District may be established whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for an area should be adopted. Project District zoning is intended to provide for a flexible and creative planning approach rather than specific land use designations. It will also allow for flexibility over time in the location of specific uses and mixes of structural alternatives. The planning approach would establish continuity in land uses and designs while providing for a comprehensive network of infrastructure facilities and systems. A variety of uses as well as open space,parks, and other project uses are intended to be in accord with each individual Project District objective. A Project District is an amendment to Chapter 25, Zoning Code, which changes the district boundaries in accordance with the individual Project District. i -14- it As previously stated, since the Palamanui Project District was approved in 2006, the applicant has taken several steps in developing the property in accordance with the terms or conditions of approval, including investing more than$22 million towards the construction of the UHWH and related road, water and electrical infrastructure. The applicant also spent considerable time and money to create an updated Master Plan or "Regulating Plan"that is consistent with the design concepts and many of the policies of the Kona CDP, which was adopted in 2008 just before adoption of Ordinance No. 09 132 and amended in 2019. Additionally, the applicant has prepared a water master plan, rough graded roadways, and continues to implement the Integrated Natural Cultural Resource Management Plan to protect the lowland dry forest preserve and other natural and cultural resources on the property. The applicant's Regulating Plan was prepared to provide the framework for developing the Palamanui property as a Transit-Oriented Development, or TOD in compliance with many of the land use policies and objectives of the Kona CDP. The applicant's request to amend Condition S related to parks and Condition V related to roads was also assessed against the following strategies, objectives, and policies of the Kona CDP. Parks Policy PUB-6.2:Active Recreation Opportunities. A range of recreational opportunities should be provided to encourage physical activity and interaction among toddlers,youth, teens, adults, and seniors, including, without limitation the following: (d) Community parks (4-8 acres):A community park should be located 2 miles apart within the Kona Urban Area to include, at a minimum, playfield and a restroom, as designated in the Public Facilities Plan to provide adequate playfields for youth leagues. (e) Neighborhood parks (up to 4 acres):A neighborhood park(including community gardens, community centers,pocket parks, and pet parks) should be located Y2 mile apart for subdivisions within the Urban Ara. Subdividers shall provide for private maintenance or pay a fee pursuant to HCC Chapter 8 when required to provide neighborhood parks. -15- I I I Transportation& Roads Overall Strategy for Transportation: Widening, improving, and extending major arterials, as well as increasing connectivity between and within existing and future development are necessary to enhance mobility in Kona. The proposed Keohokalole Highway Mid-Level Road) will add capacity to the north-south arterial network and reduce demands on the existing regional facilities. It would also serve as the central multi-modal corridor serving future regional development. A series of east-west(mauka-makai) collector roads linking the regional north-south facilities must also be provided for added circulation and to further reduce the reliance upon the regional facilities. In addition,future urban development must contribute to a well- connected local transportation network that provides for safe, direct, and convenient access for automobile, bicycle, and pedestrian traffic. Local streets include all streets that are not designated as collectors or arterials. Although local streets are not designed for through or heavy traffic, the connectivity of these streets with each other and with collectors is crucial ensuring that residents can easily reach destinations within the community. Objective TRAN-1: Transportation and Land Use. To organize growth on a regional level in Kona, growth should be compact and transit supportive. Compact mixed-use villages along transit routes provide sufficient densities to support transit feasibility and enable people to meet a variety of daily needs within walking distance. Policy TRAN- 1.1: Oficial Transportation Network Map. The Official Transportation Network Map shall show proposed transit routes, proposed arterials and collectors, and pedestrian/bicycle paths. This map shall recommend the functional classification of the roadway. The purpose of this map is to show intended interconnections,plan and preserve these corridors, budget public improvements, and provide notice to affected landowners ofpotential impacts from these projects. As applicable,permit approvals (e.g., rezonings, subdivisions,planned unit developments shall require the dedication of the rights- of-way and/or improvements of proposed roadways shown on the Official Transportation Map which traverse through the applicable project area. When a permitted action occurring along proposed roads depicted on the Official Transportation Network Map requires a TIAR, the extent of dedicated rights-of- way and/or improvements shall be proportionate to the project's impact. Policy TRAN-1.2: Trunk Line. The new Keohokalole Highway (Mid-Level Road)shall function as the trunk transit route connecting Kailua Village with the airport, along which transit-oriented developments (TODs) will be located. As the trunk transit route, there should be future allowance for a dedicated transit-way within the right-of- way. The time interval between vehicles moving in the same direction on the same -16- I route should be of the lowest amount. Subject to consultation with the Mass Transit Agency, developments along this trunk line should, as a condition of approval for rezoning, design roadways to accommodate bus stops and transit stops that are not in the right of way, and set-aside land area for bus transit shelters. Objective TRAN-2 Street Network Connectivity. To develop a system of interconnected roads in Kona that will provide alternative transportation routes that will disperse automobile trips and reduce their length, while not compromising the through functions of arterials and major collector with excessive intersections. A highly connected transportation system within Kona's Urban Area (UA)serves to do the following: a) provides safe choices for drivers, bicyclists, and pedestrians; b) promotes walking and bicycling, c) connects neighborhoods to each other and to popular destinations, such as schools,parks, shopping, libraries, and post offices, among others; d) provides opportunities for residents to increase their level ofphysical activity each day by creating walkable neighborhoods with adequate connections to destinations; e) reduces vehicle miles traveled and travel time, thus improving air quality and mitigating the effects of auto emissions on the health of residents and the environment; reduces emergency response times; g) increases effectiveness of municipal service delivery; h) restores arterial street capacity to better serve regional long-distance travel needs; and i) provides increased emergency evacuation opportunities. New development that is not well-connected with existing neighborhoods contributes more cars and creates greater traffic congestion on collector roads. When new development is integrated into existing street patterns,providing additional choices for movement in and out of the neighborhood, new developments can actually increase connectivity within the region. Policy TRAN-2.1: Connectivity Standards. Connectivity refers to the directness of links and the density of connections that make up the transportation network. Within the Kona Urban Area (UA) new development shall contribute to this interconnected transportation network of streets,pedestrian, and bicycle access that work to disperse traffic and connect and integrate new development with the existing fabric of the community. Proposals for new development or redevelopment within Kona's UA should meet the following connectivity standards: 1. Maximum Block Size. In lieu of Hawai'i County Code (HCC) Section 23- 29(c), the maximum length of blocks for predominantly residential -17- subdivisions shall be 800 feet, unless unfeasible due to natural topography,protected resources, or surrounding development patterns. 2. Connection to Adjoining Development. The road system for new development shall contribute to the local transportation network. To supplement HCC Section 23-40, at a minimum; new subdivisions shall incorporate and continue all collector streets, and selected local streets to adjoining property. If a portion of the stub-out is not improved, the current developer shall improve the stub-out portion, where practicable. Connection to adjoining properties may not be required if seriously constrained by topography or other physical hindrances, or in cases where through travel cannot occur because the property is bounded by development with private streets previously allowed. 3. Gated Entry. In the Kona UA, gates will be prohibited across new roadways identified to connect to the local transportation network, as identified in Figure 4-2a. 4. Cul-de-sacs Discouraged. Cul-de-sacs are discouraged based on Policy TRAN-2.1(1)Maximum Block Size and Policy TRAN-2.1(2) Connection to Adjoining Property unless construction of a through street is found to be impracticable. S. Future Extensions. Roads serving future transportation interconnectivity will be identified for any proposed subdivision located adjacent to a vacant parcel. Alignment and placement of future extensions and stub-outs shall take into account realignments to proposed roads as a result of resource preservation or other unforeseen obstacles to original road alignments. In the case that impact studies performed for adjacent parcels result in realignment to the proposed roads (Figures 4-2a to 4-2d),future extensions and stub-outs between subdivisions and or parcels shall be collaboratively agreed upon by the developers and appropriate governmental agencies. To supplement HCC Section 23-44, where necessary to give access to or permit a satisfactoryfuture subdivision of adjoining land, or to conform with the Official Transportation Network Map, a street stub-out or pedestrian path improved to the boundary is required unless financially guaranteed to enable the County to coordinate the stub-out construction as a regional project or in coordination with the development of the adjoining property. Applicants submitting preliminary development plans shall provide for feasible extension of selected local streets to adjoining undeveloped properties and eventual connection with the existing street system. Within phased subdivisions, temporary stub- outs shall be required. 6. Connectivity. In the Kona UA, all new roads that will serve as part of the interconnecting roadway system shall be dedicated to the County. -18- Policy TRAN-3.2: Public Right-of-Way Maintenance. Recognizing that the County is not currently staffed or equipped to maintain landscaping within street rights-of-ways, a combination of new and existing tools, both public and private, should be developed to implement a landscaping maintenance program. Policy TRAN-6.1: Official Concurrency Map. Concurrency requirements shall be determined by HCC 25-2-46 and be generally consistent with the Oficial Concurrency Map and be informed by a TIAR when applicable. Note: while the Concurrency Map is "Official", the proposed road alignments that have not yet been built, are only conceptual as the topography, or possible environmental and cultural resource mitigation measures may require these alignments to be adjusted. A summary of the applicant's amendment requests along with the Planning Director's recommendation and reasons for the recommendation follows. In summary,the Director agrees with the amendment to Condition S (new Condition P) with minor modifications; agrees with the deletion of Condition V6; and agrees with the amendments to Conditions Vla (new Slb), Condition V1c3 (new Sle3), Condition V2 (new S2), Condition V3 (new S3), Condition V4 (new S4), and the addition of Condition V7 (new S6) with modificationsin order for the conditions to be consistent with the Kona CDP objectives and policies. Condition S (new Condition P)is amended as requested by the applicant with clarification that the 10-acre improved park will be provided to the County during Phase I, which involves the construction of up to 250 residential units in the project area. The applicant's proposal to provide one 10-acre improved park with playfields, dog park and comfort station, and 10 acres of unimproved land for a public park meets Policy PUB-6.2 of the Kona CDP by providing recreational opportunities for the project area and nearby University. Condition V 1 a(new Condition S 1 b): This condition relates to University I Drive(Road 2). The applicant's requested amendments to this condition would clarify that the entire length of University Drive will be a public road dedicated to -19- the County. The right-of-way width from Road 6A to Makalei Drive would be reduced from 88 feet in the current condition to 60 feet. The segment from Queen Ka`ahumanu Highway to the extension of Ane Keohokalole Highway(Road 3A extension)would be completed prior to occupancy within Phase III, and the segment from the Ane Keohokalole Highway extension to Makalei Drive would be completed in Phase IV. At the end of Phase II, 450 residences, 30,000 sq feet of commercial space, 60 hotel units, and a 10-acre improved public park would be constructed with the Ane Keohokalole Highway being the only access into and out of the Palamanui project until Phase III. Kona CDP policy TRAN-6.1 states that concurrency requirements shall be determined by a TIAR completed conforming to the Concurrency Standards of the Zoning Code. In this case, the applicant's 2017 Traffic Assessment indicates the Ane Keohokalole Highway and Ka`iminani Drive-Ane Keohokalole Highway intersection can accommodate the traffic generated by Phase I and II of the Palamanui development and serve as its sole access. Although the Traffic Assessment supports the delay of construction of University Drive and its intersection at Queen Ka`ahumanu Highway to Phase III, the Planning Director has some concern with the lack of multiple access points into the project for emergency response, and therefore recommends a condition be added to have the applicant provide an emergency access road from Queen Ka`ahumanu Highway to the Ane Keohokalole Highway extension over the Road 2C right-of-way, which according to the applicant has already been graded. This condition has been added as new Condition S7 in the draft bill. The Planning Director also believes University Drive should be constructed between Ane Keohokalole Highway and 200 feet makai of Road 6A during Phase III rather than Phase IV since a substantial amount of residential development is proposed north of University Drive and mauka(east) of Ane Keohokalole Highway in earlier phases. The residential development north of University Drive in Phase II would also be better served if University Drive were -20- extended up to approximately 200 feet makai of Road 6A prior to or no later than Phase III. Otherwise there will be limited local road connections from University Drive into the residential development. The Planning Director and DPW agree with the road right-of-way widths proposed by the applicant for University Drive. Condition V 1 c3 (new Condition S 1 e3): This condition relates to the University Drive(Road 2)-Queen Ka`ahumanu Highway intersection. The applicant's requested amendment to this condition calls for this intersection to be constructed in Phase III. The Planning Director agrees with this amendment but has recommended adding Condition S 1 d to require construction of this intersection at an earlier phase should the applicant decide to construct the Busines Park prior to Phase III. This is to prevent traffic from the Business Park from using University Drive and Ane Keohokalole Highway as its sole access. Condition V2 (new Condition T2): This condition relates to the Ane Keohokalole Highway(Road 3A). The applicant constructed the segment of Ane Keohokalole Highway between Ka`iminani Drive and the UHWH campus,just south of the Palamanui property. The applicant requests to amend the condition to provide signalization of the Ka`iminani Drive- Ane Keohokalole Highway intersection prior to issuance of building permits for 500 residences, 30,000 sq ft of commercial space, and 60 hotel units; or whenever DPW determines the signalization is warranted. This would provide signalization at Phase III or possibly earlier if DPW determines it is warranted. The applicant's 2017 Traffic Assessment indicates signalization of this intersection would not be warranted until the combined development of 500 residences, 30,000 sq ft of commercial space, and 60 hotel units are constructed. The Planning Director agrees with the applicant's request with �I modifications,by adding a recommendation from DPW that another `trigger' for signalization is once DPW receives enough complaints to warrant a traffic study -21- at the developer's cost. Condition V3 (new Condition T3): This condition relates to the Ane Keohokalole Highway Extension(Road 3A Extension)within the Palamanui property. With the recent completion of the Ane Keohokalole Highway segment by the applicant between Ka`iminani Drive and the University, the DPW determined that it would be most appropriate to extend the highway through the Palamanui property as an arterial roadway, rather than have Road 6A (located to the east) serve as the north-south arterial roadway through the property. The applicant is agreeable to this and has modified their Regulating Plan to reflect this change. The applicant's requested amendment is to remove language stating the roadway is to be designed to function as a portion of future Road 1 connecting to Mamalahoa Highway, and to clarify it will be dedicated to the County upon request, rather than when needed to connect to Road 1. The Planning Director agrees with the applicant's amendments with modifications. Kona CDP Policy TRAN-1.2 indicates the Ane Keohokalole Highway is to be the transit trunk line between Kailua-Kona and the airport, thus a large right-of-way is needed to accommodate a transit line and bus and transit stops. The 120-foot wide right-of-way will be sufficient to meet this policy. DPW recommends the road be constructed with sidewalk,drainage improvements and street lighting. DPW also recommends the applicant construct a 60-foot wide section of the right-of-way to connect with the existing Ane Keohokalole Highway alignment to the south, and rough grade the remaining 60 feet of right- of-way. DPW recommends the improved portion be constructed and dedicated to the County from the UHWH campus to University Drive in Phase I and from University Drive to the northern property boundary in Phase III, rather than in Phase IV as shown on the applicant's Regulating Plan. The Planning Director agrees with DPW that the Ane Keohokalole Highway extension should be constructed from University Drive to the northern property boundary in an earlier phase but recommends construction in Phase II since the adjacent residential -22- subdivisions north of University Drive are proposed to be built during Phase II. This would provide better connectivity between the local roads within the subdivisions and adjacent collector roads. The unimproved right-of-way can be landscaped with grass and used as a passive recreational or civic space where farmer's markets and other similar temporary uses can occur. No permanent structures, except for utilities,would be allowed in the unimproved right-of-way. The unimproved right-of-way would be dedicated to the County at no cost upon request. Condition V4 (new Condition T4): This condition relates to the New Connector Road(Road 1).The applicant's traffic studies indicate Road 1 is not needed to mitigate the impacts of the Palamanui project. However, the applicant committed to constructing a mauka-makai regional connector road from Queen Ka`ahumanu Highway to Mamalahoa Highway at their sole cost and expense, and this requirement is stated in Condition 5b of the Land Use Commission's Decision& Order(Docket#A03-744) that reclassified the property to the Urban District in 2005. The connection of Road 1 to Mamalahoa Highway is essential because the next mauka-makai road is Ka`iminani Drive which is about 2 miles south. The applicant is still committed to providing Road 1 but is requesting to defer the submittal of any subdivision or building permit applications for any residential development beyond 900 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. The Planning Director agrees with the applicant's amendments with modifications. The Director recommends retaining the current condition language regarding road width and grade, which the applicant is proposing to delete. Additionally,the Planning Director concurs with DPW recommendations of keeping a consistent right-of-way width of 120 feet the entire length of the roadway,rather than the 88-feet right-of-way over private lands within the -23- existing condition. DPW also recommends intersection improvements at the Road 1-Mamalahoa Highway intersection; however, Mamalahoa Highway is under State DOT jurisdiction so the applicant will need to provide intersection improvements as required by DOT. Lastly, DPW recommends an approved archaeological inventory survey be completed for the alignment prior to bonding, because a right-of-way that has not been verified for archaeological resources may require re-alignment. Delete Condition V6: This condition requires safety improvements on Makalei Drive to provide a safe transition at the point where University Drive connects to Makalei Drive. The condition also requires that Makalei Drive not be opened for public traffic until Road 1 is completed and opened for public use. Makalei Drive between the Palamanui property and Highway 190 (Mamalahoa Highway)was deeded from Hiluhilu Development LLC to the Makalei Estates Community Association in July 2015 and therefor is a private roadway. 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 and the Land Use Commission's Decision and Order required them to construct Road 1 as a mauka-makai collector roadway between Queen Ka`ahumanu Highway and Highway 190. The Planning Director supports deletion of this condition since Palamanui does not own Makalei Drive and therefore would not be able to fulfill the condition and Palamanui will provide Road 1 as an alternate connection between Queen Ka`ahumanu Highway and Mamalahoa Highway. Add Condition V7 (new Condition S6): This condition relates to Road 6A. The applicant requests adding this condition to specify that Road 6A shall be a -24- public roadway within a 60-foot wide right-of-way and constructed in conjunction with any of the project's development requiring access from said road. The Planning Director agrees with the applicant's amendments with modifications, to state the road shall be constructed meeting DPW requirements and be dedicated to the County upon request and no cost to the County. In addition to the applicant's above requested amendments,deletion and addition to conditions,the Planning Director recommends deletions, additions, and amendments of other existing conditions in the ordinance,to include but not be limited to the following conditions, to reflect the current standard language for conditions of approval and to reflect conditions the applicant has already complied with. New Condition C is added to include a standard definition for `occupancy' throughout the ordinance. Several conditions of the ordinance refence occupancy as the trigger or deadline for providing road and park improvements. The Planning Director recommends adding this condition, which uses the definition of `occupancy' from the Concurrency Standards section of the Zoning Code. In this definition there are three types of occupancy triggers for various land uses. The first is at final subdivision approval by the Planning Department when single- family residential lots are created but homes are not yet built before the lots are sold. The second is at issuance of a Certificate of Occupancy by DPW for commercial, industrial,hotel and multi-family residential units. The third is at issuance of a building permit for residential buildings that do not require a Certificate of Occupancy(typically single-family dwellings). Condition D (former Condition C) is amended to indicate a revised Water Master Plan is required for the new phasing plan and updates the condition with the most current Water Agreement on file, which is in the process of being amended. These amendments were recommended by the Department of Water Supply in their memo dated September 21, 2020. -25- Condition I (former Condition J) is amended to reflect a Master Plan ("Regulating Plan")has been completed that is consistent with the Kona CDP according to the Kona CDP Design Center. After adoption of the amended ordinance, the applicant's Regulating Plan should be updated to reflect the amended ordinance conditions and provided to the Planning Department for implementation of the Project District. Policy LU-2.4 of the KCDP and Section 25-6-49.1 of Chapter 25 (Zoning Code)Hawaii County Code, allow amendments to the Master Plan to be processed by the Planning Director, if authorized in the Project District ordinance by the County Council. Given the project size, complexity of implementing new planning concepts of design and smart growth, and anticipated lengthy duration of the project, it is reasonable to anticipate that some changes may be needed to the current Master Plan("Regulating Plan"). Thus, the Planning Director recommends amendment of this condition to give authority to the Planning Director to approve changes to the Regulating Plan that are not considered significant. Any changes that alter the permitted land uses, overall densities, open space and infrastructure requirements or that are contrary to the Project District ordinance conditions would be considered significant and require County Council approval. Condition J (former Condition K) is amended because the applicant has met the"substantial construction"requirement through rough grading several of the proposed roadways and providing approximately$22 million in improvements to water and wastewater infrastructure and the UHWH campus. The Planning Director recommends establishing a 20-year construction completion deadline for the Palamanui Project District. This generally aligns with the applicant's proposed timeframe for completing the project and provides some assurance to the County and the public that the project will be built out in a timely manner. The condition is also amended to indicate the applicant must submit site plans for approval by the Planning Director as the project is developed. Condition L former Condition M is amended because the variances from I Subdivision Code and Zoning Code referenced in the condition are for an old, -26- outdated Master Plan and therefore are no longer relevant. To implement the community design and smart growth concepts suggested in the KCDP and are incorporated into the Regulating Plan, several variances from the Subdivision and Zoning Codes will be required. The Subdivision and Zoning Codes have not been comprehensively updated in over 26 years and have not kept pace with many of the smart growth concepts described in the Kona CDP such as compact building design and mixed land uses to create walkable communities; therefore, variances from these codes will be needed to implement the Regulating Plan. Section 25-6- 44(c) of the Zoning Code allows for variances from the Subdivision and Zoning Codes to be granted through approval of a Project District ordinance. Thus, the Planning Director recommends granting any variances through amendment of the Project District ordinance, that may be needed in the future to implement the Regulating Plan. I Conditions O and O are deleted to reflect the Queen Ka`ahumanu Highway widening improvements to the airport were completed and opened in 2018. Condition O (former Condition R)is amended so that the"Constraints Area" is shown on all plans submitted to the Planning Department for approval so that it is easier for staff to review and ensure the resources in these areas are properly preserved. Condition S 1 a was added to indicate a new Traffic Impact Assessment, which takes into account the newly widened highway and intersection improvements completed in 2018, is required by the Department of Transportation before construction of any segment of University Drive (Road 2). The applicant's most recent Traffic Assessment was completed in 2017, prior to completion of the Queen Ka`ahumanu Highway widening project. This condition was a recommendation of DOT in their memo dated September 9, 2020. New Condition S 1 d is being added because the applicant wants the option of developing the Business Park(including MCX-zoned area) earlier than Phase III if the market supports its earlier development, The intersection at Queen -27- Ka`ahumanu Highway-University Drive will need to be constructed to provide access to the Business Park. Additionally, to support the connectivity standards of the Kona CDP (Policy TRAN-2.1),both the Planning Director and DPW strongly recommend that University Drive between Queen Ka`ahumanu Highway and Ane Keohokalole Highway be constructed prior to occupancy of the Business Park. This would provide a second access to the Palamanui Development in addition to the Ane Keohokalole Highway access which will serve as sole access until Phase III. The applicant has submitted a concurrent request to amend Ordinance No, 09 131 for the MCX-zoned portion of the Business Park within the Palamanui property. The Planning Director is recommending and DPW concurs with a 10- year time extension to complete final subdivision approval of the Business Park and completion of construction of the intersection and University Drive to Ane Keohokalole Highway within that 10-year period. Condition S5 (former Condition V5): This condition relates to the Kealaka`a Street Extension(Road 7). The Planning Director recommends amending this condition as recommended by the DPW in their memo. The amendment would reduce the road right-of-way width from 88 feet to 60 feet, clarify that the minor collector roadway would include sidewalks and bike lanes on both sides,and clarify that the road is to be dedicated to the County upon request, rather than when a connection at the southerly boundary of the property is opened. New Condition S7: As discussed previously,the Planning Director recommends an emergency access road between Queen Ka`ahumanu Highway and Ane Keohokalole Highway extension be provided by the applicant during Phase I to provide an alternative access for emergency responders to get to and from the University Village. New Condition T is being added to ensure the connectivity standards in Kona CDP Objective 2 and Policy TRAN-2.1 are met when increments of the project are built out in each phase. For example, Exhibit A-9 (Phase Two Plan)of the applicant's Regulating Plan shows portions of University Drive being -28- constructed to provide access to the residential subdivisions north of the roadway, even though construction of University Drive is not required to be completed in this area until Phase III. The Planning Director is recommending this condition to clarify that the collector roads adjacent to incremental development in each phase must be constructed to provide more than one access point in order to prevent a "cul-de-sac"-type effect where several homes only have one local road connection to the nearby collector road. Conditions U, V, and W are added as recommended by the Department of Public Works in their memo dated September 22, 2020. Condition X(former Condition W)is amended to indicate no direct access will be permitted from individual lots to arterial roadways, such as Main Street (Ane Keohokalole Highway extension). Condition GG(former Condition FF) is amended to indicate the affordable housing credits earned in the MCX-zoned area of the Palamanui property may be used to satisfy the affordable housing requirement in the Project District-zoned area. This is already allowed due to the County Council adding it to Condition L of Ordinance No. 09 131 for the MCX-zoned area when that zoning was approved in 2009. Condition NN (former Condition NN) is amended to indicate the Master Association shall be responsible for water, wastewater, and other utility maintenance,maintenance of private roadways and public roadway elements subject to a landscape maintenance agreement with the County, maintenance of privately-owned civic and open spaces,This amendment is based on recommendations from the DPW in their memo dated September 22, 2020 and Department of Parks and Recreation in their memo dated April 30, 2019 as is consistent with Kona CDP Policy TRAN-3.2. Condition 00 (former Condition NN) is amended to update the fair share contribution amounts with current rates and to state that the fair share payment shall become due at Final Site Plan Approval for multiple-family residential units and at Final Subdivision Approval for single-family residential lots, instead of at -29- the sale or lease of residential units. The County does not currently have a method in place to monitor the sale or lease of property in order to collect the fair share payment. The Planning Director recommends using the standard method of triggering this payment upon plan and/or subdivision approval. The condition is also amended to indicate the fair share contribution shall not apply to housing units constructed on the property to meet the affordable housing requirement in Chapter 11 (Housing), Hawaii County Code, except for affordable housing units constructed onsite for excess housing credits. Lastly, the condition is amended to indicate the applicant can receive credit towards the road and traffic fair share requirement for any land and construction costs associated with any collector roads being dedicated to the County since these roadways serve a regional purpose. This is consistent with the County Council's current practice for fair share credits rather than the current condition language. Condition SS (former Condition RR) amends the condition to remove the initial administrative time extension so that any time extensions needed to perform conditions of the ordinance must be approved by the County Council. Based on the above findings,the Planning Director agrees with the intent of all of the applicant's requested amendments, deletions and additions and recommends the Leeward Planning Commission forward a favorable recommendation to the County Council to amend Ordinance No. 09132 with the modifications shown in the attached draft bill.The accompanying draft bill to amend Ordinance No. 09 132 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -30- 1 JJtv.es��!Y O 7 COUNTY OF HAWAII STATE OF HAWAII Of•M►.I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09 132 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL— 3 ACRES (A-3a) and OPEN (0) TO PROJECT DISTRICT (PD) AT KAT, 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. Section 2 of Ordinance No. 09 132 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(240-5 Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: 1 (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 j the proposed use, or (B) Fulfillment of the need for public service demands created by the a proposed use. INSERT CONDITIONS I SECTION 2. Material to be deleted is bracketed and stricken. New material is a underscored. s i I -1- { I I i I i i i SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. i INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: t s E e 4 I [z f i i I t i i i 3 i i s i -2- S I 9 I OPEN A-500a . 1 6• • TO \ �• DISTRICT P1010fI 1 86 ll. 9,071.21 ll. I' 1.N11. •PEN 18,434.23 W I! OPEN a .1.e�.:.,.........:: ME a Egginta • ��'1 rlLilC�F P. f 10 • ms`s'"" �pillf�i��i IIIIIIU 11 p11111�� , �..i ,I,I�Y.tlle!u:c-,uun wulu►=i. 'I ■I■■�I tj1911:1•�p nii ni--`qui i Ui',►;d:►4.:1:}��IItU.,u111p1s! 11�li�o� 111111 •"��\\I\lUl ILlllllll 40W- 0 `��A pppO� - - 1; � ■. •• 1111111111• 11111111��1 �_ � i:1'\ '� 1111:1111, yl!1*lj� �•--�•,.•� .r::' ,:,aa ,,. r -..��_ 11 ' 111111111.�'-�i ii: IIY: �1 �, p'/L'f'g4ii/ IunWICY lmu�u..♦ a '�11 ���\�l� 11�I^�uuuuunnl-1 �r[:7/' •1�,� pus" .1 ��.� .I-i.� -' �OP� .OPEN WELL 0 1 B - . . • • . . • . • - . 0 - 0 . . ,1 11 CPalamanuiAmendREZ05-10.doc 11/11/20 PALAMANUI GLOBAL HOLDINGS LLC AMEND CHANGE OF ZONE NO.09-132 (REZ 05-10) CONDITIONS OF APPROVAL 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, or amendments thereof. C. The term `occupancy' in this amended ordinance means the same as defined in Section 25-2-46(c) of Hawaii County Code, which states: "Occupancy means (1)the issuance of a certificate of occupancv for a commercial,multi-family, industrial building, hotel or other structure requiring a certificate of occupancy, or(2)the issuance of a building permit for residential buildings that do not require a certificate of occupancy: or(3) final subdivision approval for subdivisions where dwellings are allowed,but dwellings are not being constructed before sale of any lot." j4�:JD. The applicant shall provide a revised Water Master Plan to the Department of Water Supply that correlates the necessary water system improvements with the proposed phasing of the development's Regulating Pg lan. The applicant shall comply with the conditions as set forth in the [WateF Agreement between W Kau, LLC C an Water-Ceffffnission o he County of u.wai': dated june 15, 1 nnn] Water Agreement between Palamanui Global Holdings LLC and the Water Board of the County of Hawaii dated August 7, 2013, or amendments thereof. [D ]E. 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, a trail system and supporting infrastructure. - 1 - [E-.]D. The maximum number of residential units allowed shall be 1,116 units, including the on-site affordable housing units. [l ]E. The maximum number of hotel rooms shall be 120. [Fr]F. Commercial spaces for medical, office, retail, classrooms and health related uses and hotel shall be limited to 72.08 acres. [I ]G. 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. [L]H. 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. A[ [�]I. detailed1� rite.Plan the D..ojeet DistF +, 1,' 1, 1 d t 1 ti J L a . units,and number-of residential lots and hotel, > , golf , open spaee and r-eefeational areas and other-r-el within two (a.)years from the vaavvmti cscscv vrthe TTpJGpCDTJCIZeC Or,dinanee or-prior-to submission ef plans for-plan approval or-subdivi ,,ppr-eva ,.,>,;,.> ,eF„ s first.] The applicant shall 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. Within ninety(90) days of the effective date of this amended ordinance, the Applicant shall provide to the Planning Department two hard copies and one electronic copy of the Regulating Plan marked FINAL, with the following changes: • Revise the phasing plans, project street types, roadway cross sections, and thoroughfare assemblies (Exhibits A-5 through A-11) of the Re ug lating Plan to reflect the road right-of-way width, roadway improvements, road construction phasing and road disposition(dedicated vs. private) described in the revised - 2 - conditions of this amended ordinance. • Label Road 7 (Kealaka`a Street Extension) on Exhibits A-1 and A-5. • Realign University Drive(Road 2)to create a continuous roadway_ without intersection at the transition between the"green" and "Pink"segment on the Regulating Plan, Exhibit A-5. • Revise Exhibits A-1, A-7, to remove reference to `Main Street' and replace with `Ane Keohokalole Highway Extension'. • Revise the phasing plans within the Regulating Plan to be consistent with Condition P (Public Park condition). The Planning Director mayqpprove changes made by the applicant to the Regulating Plan to accommodate evolving land use concepts, topographicaUphysical conditions, cost, and related matters to assure the orderly and timely i1pplementation of the Project District, so longas s the changes are not significant, as determined by the Planning Director, and do not change the permitted land uses, overall densities, open space requirements, and infrastructure requirements, and are not contrary to the amended Project District Ordinance. [K-.]J• within five(5)years fFof the of etiye date of the PFOjeet Tlis4 et ccSubstafftial » means the aetual staft-of than $110,000,000 nm n..:e..to eenstmetieft,rthe ,.l;ea«t, sgns shalla Fina A-, Dla „,.eya f«thee e Sec4ien5 x-70,Chapter-5 (Zoning Oode), 14aw.,:'; County Code shall identify pr-eposed stretwes, fie eteetio e es'Nea , eand par-king e stall, and other-impr-evements asseeiated with the pr-opesed uses.] Construction of the Palamanui Project District shall be completed within twenty 20)years from the effective date of this amended ordinance.The applicant shall submit to the Planning Director detailed site - 3 - plans for the development in accordance with Section 25-6-46 and 25-6- 47, Chapter 25 (Zoning Code), Hawaii County Code. [1T]K. 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 to 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. [M-]L. [The var-ianees ffem Chapters 23 (Subdivision) and 25 (Zoning), .L. vVwaiL' t/VYV, {^Jn�n/1`VJVIILVY L_ 1. 21, `005 letter--���& he T. pages 1 to 6 1 � .7 �e'<<�rrtvcrzi�, E Trcv^v'rcrcrcvcrcv Var-ianrae Requested from Seefiens in Subdiv4sien and Zoning Codes, a Apph6ant's FigufE-2—EenEe -c=xacavccr-vrTown rvvrrcer4Residvrrciur VillageCenter-, a 3a Residential Village Cerate n1temat . 4,0 SFLet, FigtweA - Residential Village G icer-Aftematrves: 6,000 8F Let-, Coneeptua Plan; Roadway Ceneepts-Neadedieable,-and er - Residential Village Cen4er-Altematives: Zone Let Line Ceneepts) shall be plans to the Planning Dir-eeter-showing stFeet designs and ffess seetions, and adjaeent building designs, with the Master--Plan. The Planning -4- saffi., ent on st,.eet p a "b where aathe plans de et p d d ♦ off �' ,.heiv v street paFking(sush as the 4,000 square feet lots with a one car-gar-age a built with the var-ianees allewed under-this eenditien will be nen dedieable With Tegafd to the requested cvav line buildingth v , tt applieant shall eenfefin te the euffent 14awai'i County Building Cede r-equir-ements. As part ef the MasteF Plan, the appheant shall submit plans fer-pedestrian movement thFeugh the pr-ojeet disti-7iet, W-hiah shall identify areas whefe sidewalks will be ineluded te pefmit Safe pedestrian areeess to the Tewn Center-and other-impoftafft peints in Che ] AU variances from Hawaii County Code, Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) needed to implement this project are hereby granted so long as the variances conform with the Regulating Plan and Kona CDP, as amended. [N ]M. 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. [0_ Oeeupaney of the,hotel sha4l net be gFa t_a until the eenst... _ien of th-e � »VVaa KY Ml1 M111GL11M Highway, E`ei 41++e nee,7 on the 20,000 square feet T niye,.s;ty building, er-+1, building's aeeeptable to the Planning, Dir-eete«> ,, b,h eeemesfirst..] [lz:]N. To ensure that the commercial development corresponds with the applicant's representations regarding neighborhood-scale commercial - 5 - i development, no single retail establishment shall have e more than 45,000 square feet of developed area under roof. f!1 Total retail s o(not: ..1,,.7:.,.. shallnoo ee '7c L t ,000 c ahufflanu Highway, Phase 11 wid i - i . ;ements te gaur-lanes from Kea4ak the-state E'fiter-ing into a-Eenstfuefien eentfaet for-the improvements. Th-e net eaeat#against this ] [R-.]O. 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. Features in the"Constraints Area" shall be shown on all plans submitted for subdivision approval or site plan approval. [ ]P [The Appheant shall develop ene 20 aer-e park site pr-ier-to the issuanee ef- the within the PF-ej eet. The 20-aefe-aefive site shal (1) One Pe"Plus League baseball seftbail field ineluding.-- (.) A regulation dogeut for-e.,el, side oft the f:el.l. in eaeh blearher--onee bleaeacrfor-eaeh vzf-t 20 sem, (e) Appf:epr-iate fearaing to pr-eteet the teams; !fl >re„eing for-the per-i•,eter of t e baseball field; � j areas(g) ADA aeeessible pathways te r-eaeh the baseball softball field ftem the par-king area; of the field; and !:l AR igat e., system installed fr the playing field. - 6 - I�I � One Liftl2 League baseball-softball field : ,.1„a:ng (b) A regulation dugout for-e.,eLa side of the field; (r) De.table Laleeetaer-s to seat a fniniffmm of cn per-seas in eaeh bl$aeher- ene vlr aeher-for-2aEh Af the (d) A«« ate f..rain..+„ « . teet the s eet t , e) Appropriate to F neing to « eteet the tee /11 >;ene:.ae F the perimeter-efthe baseball 11 field; \bl !e\ o e ADA e e sible pathwaysteeh the baseball (h) Pl»ee, ent e f gr-ass for- ,teee of the field; and �(i 9ii system iiisWleed ferche playing fiield.. (3)One moati6iiadul"ignscheel soeee field cnrthati—s�iuii ice@: (a) Rnrtable LaleeeLae..e to seat a minimum e f 50 9ideliii@s�, (b) ADA e e Bible pathways to r-eaeb theseeeer-field fre«, the«°..Lina. area; 6 eemeat 6 fa�:rich-aprvprrato-iicirrvf-the a; and La\ An: gat:en system installed for-the seeeer-field. (4) One standaFd size dog P—B14—E. (5) One eemfieft > 30 x 60 fiaet with lighting, > and pathways f.ef a the parking aee, .. nsti:uetea to One .. !6\ «eoa par-kinglet with 56 full size e.-Lin,,stalls a A tvJ vaav 7 van „ Bible ADA n parking stalls f a tef.,1 of 60 pa-yoa .,,king stalls eenneeted by ADA n ., sible,..,+1,,.ays to al aratiN*areas f the park hardened-. .:tl, f.,,,:.,.. .,n ., gate o � s. eept dedieatien..] The applicant shall provide a minimum of twenty(20) acres of land for a public park and neighborhood open space in accordance with the Kona Communijy Development Plan, ten(10) acres of which shall be developed by the applicant and dedicated to the County during Phase I. The remaining ten(10) 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 Final Subdivision Approval for any single-family residential subdivision or Final Site Plan Approval for any multiple-family residential project. Phase I park improvements for this 10 acre public park shall include one regulation adult/high school soccer field, one baseball field with bleachers, one standard size dogpark, comfort station, parking, landscaping, and related improvements as outlined in the Department of Parks and Recreation-approved park master plan. Phase II park improvements, 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. [T-.]Q. 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 - 8 - Planning Director for review and approval prior to receipt of Final Site 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 Site Plan Approval, or land alteration activities,whichever occurs first. A copy of the recorded covenant(s) shall be provided to the Planning Department. [U-.]R. All project utilities shall be underground. [V-.]S. 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 and as depicted in the Applicant's FINAL Regulating Plan: 1. University Drive(Road 2 -Kona CDP Map, Figure 4-3 and Road 2 on Applicant's Regulating Plan, Exhibit A-1)within the property from the Queen Ka`ahumanu Highway to [def] Makalei Drive: a. Prior to the construction of any segment of University_ Drive(Road 2), the applicant shall prepare a new traffic impact assessment with mitigation recommendations for the project full build-out and project phasing, meeting the requirements of the Department of Transportation and submit it to the State Department of Transportation(DOT) for approval. All mitigation shall be approved by DOT in writing and shall be implemented by the applicant. [a-.]!I. From the Queen Ka`ahumanu Highway intersection [to the pr-eposed Ane Keehokalele Highway(Read 6A Kona CDP Map, Figufe 4 >University Drive PR to Road 6A of the Kona CDP Map, Figure 4-3 and - 9 - Applicant's Regulating Plan, Exhibit A-1,University Drive shall consist of a public road within an 88-foot right-of-way with two lanes constructed to County- dedicable standards. From Road 6A to the eastern edge of the project property_(connecting to Makalei Drive), University Drive shall consist of a public road within a 60-foot wide right-of-way with two lanes constructed to County-dedicable standards. [ ] The entire length of University Drive shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka`ahumanu Highway to [approximately(Read 3A T A3a CDP) inter-seetiro« with-vniye i-i' Drive shall be eempleted simidtaneeus to the ep of the first building-wirtretes-v=rthne Sta4e land zfor-the Univeoity of awai'r o , 2012, ..hic- ever-erouff first approximately 200 feet makai of Road 6A on Figure 4-3, Kona CDP Man and on Exhibit A-1, Applicant's Regulating Planshall be completed as part of Palamanui's Phase III improvements and prior to occupancy within Phase III. The remaining section of this roadway from [the Drive] approximately 200 feet makai of Road 6A to Makalei Drive shall be constructed as part of Palamanui's Phase IV. [aid [l ]c. From the proposed [Ane Keehekalele High-way(6A)to Makalei D :o] Road 6A to Makalei Drive, the road shall be constructed to County-dedicable standards as a minor street, except that design standards shall be varied to permit the connection with [Makalei] Makalei - 10 - Drive without encroachinginto the lowland D Forest Dry Preserve. The connection with [Makalei] 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[mei] Makalei Drive. d. The Business Park may be constructed prior to Phase III provided the Queen Ka`ahumanu Hi way- University Drive intersection and University Drive (Road 2) from Queen Ka`ahumanu Highway to the Ane Keohokalole Highway Extension is constructed prior to occupancy within the phase. At the Queen Ka`ahumanu Highway,the intersection shall be improved in accordance with one of the following two options: 1) If a grade separated interchange is available to connect to Queen Ka`ahumanu Highway when the applicant is ready to construct the lower section of University Drive(Road 2), the applicant will connect to such interchange and I in such case, applicant will contribute $1,500,000 to the Department of Transportation. 2) If a grade separated interchange is not available to connect UniversityDrive Road 2 to Queen ( ) Ka`ahumanu Highway when the applicant is ready to make the connection, applicant shall improve the intersection at its expense as I 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 - 11 - it Ka`ahumanu Highway, and a dedicated right- turn and left-turn lane from University Drive (Road 2)to Queen [Kaahumanu) Ka`ahumanu 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(Road 2) to the Queen [Kaahumanu] Ka`ahumanu Highway. 3) The intersection improvements with the Queen Ka`ahumanu Highway shall be completed prior on4e State land for-the University of 14awai'i for-any pei4ion of the s*eet property or-the eemplefien of any single family r-esidefffial h,,.. es ..i.:„ever„ s first occupancy within Phase III. 2. Ane Keohokalole Highway,and former Kamanu Street(Road 3A- Kona CDP Map, Figure 4-3) from University Drive(Road 2)to [Kam] Ka`iminani 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 [Kam] Ka`iminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on [Kaimiaaa ] 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 - 12 - the Department of Public Works or the State Department of Transportation when such illumination is determined to be necessary. [The raeastmetion of fl:fis roadway shall-be the State 1..n for-theT niye,.s;ty of i7,,wa '; or-befer-e T 1 1 2 L11V LTL 'n" ..h el,eve..e s first.] Further,traffic signals shall be installed at the intersection of Ka`iminani Drive and Ane Keohokalole Hi way prior to the issuance of building_ ep rmits for more than five hundred (500) single-family residential lots and/or multiple-family residential units, and prior to occupancy for more than thirty thousand(30,000) square feet of commercial area, and more than sixty(60)hotel units; or whenever the Department Public Works reasonably determines it is warranted; or once the Department of Public Works receives enough complaints to warrant a traffic stud at the developer's cost. 3. [Ane KeelVk L1e1a Highway(Read 6A Kona GDR)] Ane Keohokalole Hijzhw4y Extension(Extension of Road 3A- Kona CDP Map, Figure 4-3 and Main Street of Applicant's Regulating Plan, Exhibit A-1): The portion of Ane [Keene e] Keohokalole Highway [(6)] within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road with sidewalk, drainage improvements, and street lighting,within this 120-foot right-of-way to County-dedicable standards. The improved half-section shall be in alignment with the improved section of Ane Keohokalole Highway to the south. The remaining 60-foot width of the 120-foot wide right-of-way shall be rough graded to avoid any transition issues with - 13 - adjacent properties. Permitted uses within the unimproved 60- foot wide right-of-way shall include utilities, a linear park, food trucks, farmer's market, and other similar temporary, non- structural uses as approved by the Planning Director, in consultation with the Department of Public Works,through Site Plan Approval. [This roadway shall be designed to � �FtieHasapei4ien-vf a fti (Read ! Tien GDP) eenn efing Mighway 190 with Univer-sity Drive and the Queen ` .] The applicant shall construct the intersection of University Drive and the Ane [Keehekalele] Keohokalole Highway Extension meeting with the approval of the Department of Public Works. p [This dedirvated to the Ce . ty when the Ceti ty requires it to e ee4 ] The section of this roadway from its current terminus fronting the University of Hawaii-West Hawaii campus to University Drive(Road 2) shall be completed prior to occupancy within Phase I. The section of this roadway from University Drive to the northern property boundary shall be completed prior to occupancy within Phase II. Dedication of the improved half of the right-of-way (urate road lot from the other half)may occur once that section of roadway connects to the existing 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 Count occur no earlier than the dedication of the improved v, p half, and at no cost to the County. Ane [Keehekalele] Keohokalole Highway [6A], which is dead-ended for future connections to Road 1, 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. - 14 - 4. New Connector Road (Road 1 -Kona CDP Map, Figure 4-3 and Exhibit A-1, Applicant's Regulating Plan : The right-of-way width of Road 1 [within be 120 @@t. Th@-S@Efien 9f Read rrir^vrirthe rState property to Highway 190 within the private pr-epei4ies shall hm,e a 6& of way width ef 88 ] from the subject property over private and State lands to Highway 190 shall be 120 feet. Applicant shall construct Road 1, at its sole expense as a two-lane I 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 i consultation with the Planning Director. [The appheant shall eenfinue preparatory work for-the design of Read 1, ineloding wer-king with the Geunty of Hawaii to seewe the right of way for-Read 1 aer-ess State ef Hawai'i lands and pr-eViding 1111V1111LLLion o 0 right of w , i'@r. . Aely ewned lands. Appheant shall not zoo,,. :e to install utilities sf-eel;.. s ept that 1 tt , o stfeedigMs shall be installed by the applieant at the inter-seeti with Highway °r90. TheCounty shall obtain the neaessafy Read I will be seeur-ed by bond er-other-seeufity fneeting th-e appr-eval of the PlanrAng Dir-eeter-to guarantee that this eendi ien.The bond or-other- eeuFity shall be p-- videa pr-epefty eentaining single family lets-. The appheafft shall eemplete Read I ne later-than sir.(6)years after-the entire r-igM of - 15 - The fifne ex4easien pr-evisions of Condition RR shall also apply to Read 1. The applicant shall provide intersection improvements at Highway 190 as required by the State Department of Transportation. The applicant shall 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 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. The construction cost for Road 1 shall not be bonded until after an approved archaeological inventory survey has been completed for the alignment. 5. [Kealakaa] Kealaka`a Street Extension(Road 7 on Kona CDP Map, Figure 4-3): The applicant shall reserve [an 88 feet 60-foot wide right-of- way for the [Kealakaa] Kealaka`a Street Extension within its property for future use as a County road. The applicant shall construct the road to County-dedicable standards as a minor collector road with sidewalks and bike lanes on both sides, at its sole expense,and dedicate it to the County of Hawaii upon reguest [when a eennee4ien eA the southerly boundary of the preJe It is opened]. [Kealakaa Street{ )] Kealaka`a Street Extension, 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 YboundazY into the adjacent property- - 16 - I [At the weste"�end of Makalei Drive, the applieant tfmsitien te University Drive 7 7 butlimited 7 the V..ML,V, YJ required the Depail.,,e.,t e f PubI.e Works:. re.l ll V�by the Makalei Drive is a LL read" 7 and will net be open to the use.) 6. Road 6A-Kona CDP Map, Figure 4-3 and Road 6A of Applicant's Regulating Plan, Exhibit A-1: Road 6A shall be a public road within a 60-foot wide right- of-way and constructed in conjunction with any of the project's development requiring access from said road or during Phase IV,whichever occurs first, meeting the requirements of the Department of Public Works. This road shall be dedicated to the County upon request and at no cost to the County_ 7. Road 2C-Road 2C of Applicant's Regulating Plan, Exhibit A-1: The applicant shall provide an emergency access road within the Road 2C right-of-way from the Ane Keohokalole Highway Extension to Queen Ka`ahumanu Hi way prior to occupancy within Phase I for the purpose of providing ingress and egress to the University Village and UH West Hawaii campus to Queen Ka`ahumanu Highway for emergency response purposes. The road shall meet County of Hawaii Fire Code - 17 - i requirements for a fire apparatus access road. T. The collector roadways(University Drive and Ane Keohokalole Highway Extension)must be extended in conjunction with occupancy of adjacent commercial, industrial,and residential developments to provide multiple points of ingress and egress for the sake of connectivity. This may require the extension of an adjacent connector road in an earlier phase to provide the required connectivity. U. Roadways 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, the 2-inch/4-inch/6-inch pavement structure in Exhibit A-6 of the Regulating Plan is not acceptable. Bike paths and swales of roadways which will be dedicated to the County, will need to have a minimum 2-inch thick asphalt concrete pavement to comply with the Department of Public Works' 2018 standard details. V. For roadways dedicated to the County, the trees,other landscaping, swale and shoulder areas are to be maintained by the master association established per Condition NN through a landscape maintenance agreement with the Department of Public Works. The drainage features below the swale and retention basin shall also be maintained by the master association because the master association's maintenance efforts or lack thereof will directly affect the performance of the drainage features and the retention basin. W. 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 master association decides they no longer want to be responsible for maintenance of roadways subject to a landscape maintenance agreement with the County, those areas will need to be improved to current County standards. - 18 - i [W-.]X. There shall be no direct access from individual lots to collector or arterial I streets. [X-.]Y. Construction vehicles shall not utilize the existing section of 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 water system(wells, mains, and tanks). [Y-.]Z. 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), Hawaii County Code. [Z:]AA. 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 [' , or-final subdivision approval for-ai:*,subdiv4sien e-Feating single family residentialots] occupancy of each project phase. [AA-.]BB. Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Environmental Management prior to submitting plans for Final Site Plan Approval review. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Environmental Management. [BB-.]CC. 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 - 19 - 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 with HAR 11-62-27,recycled water systems, in its entirety, and specifically, with HAR 11-62-27(i), as amended or replaced. [C-C—.]DD. University of Hawaii Condition. Applicant shall provide the following to relocate the University of Hawaii operations: (a) Provide connection of roads and all utilities into the University of Hawaii 500-acre site for connection to the first University 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 roe boundary [on Univer-sity Drive(Read section 2A ir,,n CDP)]. (b) 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. (c) 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$5,000,000, Applicant shall be responsible for the first$5,000,000 and the University shall be responsible for the balance. ( ) The building a shall be constructed on the State land designated for University use. - 20 - i Construction of the buildingshall commence as soon as the (b) Construction University has the required 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 Hawai i Community College,before the issuance of a certificate of occupancy for any building, other than the State Department of Education(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 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. (e) 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. -21 - [DD-.]EE. 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 multifamily residential building, or within two (2)years from the completion of any 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 - 22 - 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. [E,P--.]FF. 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. IFF-.]GG. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, 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 Site Plan Approval and/or Final Subdivision Approval for any subdivision creating single-family residential lots, whichever 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 exc t those credits generated in the MCX-zoned area g � � of the subject property. [GG-.]HH. 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 -23 - found that sufficient mitigation measures have been taken. [H4=1-.]II. 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. [1-1-.]JJ. The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to preserve the major stands of wiliwili trees. [J-J-.]KK. The applicant shall implement the INCRMP for the cave areas (Exhibit "B"to the INCRMP). [KK-.]LL. 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. [L,L-.]MM. The Planning Director may approve modifications to the INCRMP conforming to the general purposes of the INCRMP, after consultation with the DLNR-DOFAW. [MM.]NN.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, water, wastewater, and other utility maintenance, maintenance of private roadways and public roadway elements subject to a landscape maintenance agreement with the County, maintenance of privately-owned civic and open spaces, and for contingent project responsibilities. After the formation of the master association, those responsibilities, except for - 24- _----- offsite infrastructure requirements, shall be transferred to the master association. [N'E�4]OO. 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,.,.'ease e ] prior to Final Site Plan Approval and Final Subdivision Approval. The fair share contribution shall have a maximum combined value of[$ 83.36] $9,645.17 per multiple family residential unit([$11,506.13 $15,030.92 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. [$3,642.00 $4,757.69 per multiple family residential unit ([$6348:46] $7,248.17 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. [Q'�] $150.37 per multiple family residential unit ([$367.66] $349.65 per single family residential unit)to the County to support police facilities; 3. [$354.08 $462.54 per multiple family residential unit QS528.66 $690.61 per single family residential unit) to the County to support fire facilities; 4. [Q'�] 206.16 per multiple family residential unit ([$334:45] $302.36 per single family residential unit) to the County to support solid waste facilities; and 5. [$3,'�14.36] $4,068.41 per multiple family residential unit ([$4,929.90 $6,440.12 per single family residential unit)to the County to support road and traffic improvements. - 25 - [The fair-share eentfibtAien sha4l be waived for-the aff-erdable housing �] In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to fire, police, road and traffic improvements 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 and approval of the County Council. With respect to the fair share contribution forP arks 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 [i�92] Q above. [The fair-sha eentr-ibutien for-r-oads will be satisfied upon eempletien ef the University Drive (Read seetienv2A 2B a 2G) Tr"...a , Street EMeas (Read �. �ai�z , c ��cr-�xcvaa 3A), Ane Yo.,1,ek lele Highway lD.,a 6A),\ 7Io.,1.,k., ., etfsof 1 Mensio (Real 7) and Read 1 and their-" ate inter-seet ons.] The construction and land costs associated with the construction, as described in Condition T of Road 1, Road 2, Road 3A, Road 6A, and Road 7 shall be credited against the road and traffic fair share requirements. This condition shall not apply to any housing units constructed within the subject property to meet the affordable housing_requirement in Chapter 11 (Housing), Section 11-4(b), Hawai`i County Code, and so certified by the County Office of Housing and Community Development, excluding any units constructed for excess housing credits. [90-.]PP. 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. [RP ]QQ Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. [QQ.]RR. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Project District - 26 - 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 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. [RR-.]SS. [An initial extension of time for-the peFfeFmanrae of eefiditions within the eMinanee,may be granted by the Planning Dir-eeter-upon the fellewing The., peffeFmanee is the result of ee. difi ns thm ul net have been fer-eseen or-are beyend the een#el of the ef their-fault or-negligenee, General Plan er-Zoning Code. original reasons for-the granting of the Pr-ejeeat Dist6et. 4. The time exteasien gFanted shall be for-a period not te eendifien to be petfeFmed within ene year-may be ex4eaded- -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. TT. 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. -27 -