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HomeMy WebLinkAboutCOM 0050.000 2020-2022 o Lee E.Lord Managing Director Mitchell D.Roth Mayor _ Robert H.Command fr�� °N► Deputy Managing Director f¢F Ht l'. ultfv of lip] toffirP of fhr Anvor 25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax(808)323-4440 4 December 14, 2020 Maile David, Council Chair and Members of the County Council County of Hawaii = 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09-131 (REZ 09-000094) Applicant: Palamanui Global Holdings,LLC Request: Time Extension to Condition E (Secure Final Subdivision Approval) Tax Map Key: 7-2-005:001 (por) As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced requests. Sincerely, MITCHELL D. ROTH Mayor TCouncilPalamanuiREZ09-094009-13 I Enclosures cc: Planning Department Comm. No. Ref. To: PC, County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Dated a i Of Nth I Ha Kim Harry ° ` ' Nancy Carr Smith,Chair Gr' n aMayor *.` :* Perry Kealoha,Vice-Chair Barbara DeFranco Roy Takemoto Max Newberg tT••i Na M��•*� Managing Director �Tt'pf•N►N Mark Van Perris Michael Vitousek Faith"Faye"Yates County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center * 101 Pauahi Street,Suite 3 * Hilo,Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 NOV 3 0 2020 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street q V. Hilo, HI 96720 Dear Chair Chung and Council Members: x SUBJECT: Amendment to Change of Zone Ordinance No. 09-131 (AMEND REZ 09-000094) Request: Time Extension to Condition E (Secure Final Subdivision Approval) Applicant: Palamanui Global Holdings,LLC Tax Map Key: 7-2-005:001 (por.) I The Leeward Planning Commission, at its meeting held on November 19, 2020, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 09 131. The property is part of the proposed Palamanui development located northeast of j the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway and Makalei j Estates Subdivision, Ka`u,North Kona, Hawaii. The applicant is requesting a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 09 131, which states: "Final Subdivision Approval shall be secured within five (S) years from the effective date of this ordinance. " This condition required final subdivision approval within the rezone area be secured by November 4, 2014. In April 2015, the Planning Director issued an administrative time extension until November 4, 2019 to comply with Condition E. The applicant did not obtain Final Subdivision Approval because the road access to the Industrial-Commercial Mixed (MCX) rezone area was not constructed or bonded by the deadline due to delays with the overall Palamanui Development schedule. Henvtai'i County is an Equal Opportunity Provider and Employer i DocuSign Envelope ID:36908555-2D80-4AE9-BE09-C9FE47FACAC4 I I Aaron S.Y. Chung, Council Chair j and Members of the County Council County of Hawaii Page 2 I I I The 29.92-acre rezone area is a portion of an approximately 70-acre area titled "Palamanui Business Park" under the Project District designation of the Palamanui Development on the subject property. The applicant plans to use the area for wholesaling and distribution uses, which the Project District zoning does not permit. The 29.92-acre area is proposed to be subdivided into approximately 35± lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses permitted under the MCX zoning. The applicant anticipates developing distribution and wholesaling uses, as well as retail and office uses on the site. A mix of buildings from 5,000 square feet to 40,000 square feet is anticipated. The cost of the initial improvements is estimated at approximately $3 million. Individual projects on the lots will be constructed in the future at a rate of approximately $4-5 million each year. The Palamanui Business Park is anticipated to accommodate approximately 75-95 businesses. Parking will be provided on the individual lots as required by the Zoning Code. Palamanui, the master developer, will provide subdivision improvements including curb, gutter, sidewalks, and on-street parking. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result or their fault or negligence. Since August 2013, the applicant has been consistently meeting with the Planning Department through its Kona CDP Design Center and has spent considerable time and money to create an updated Master Plan or "Regulating Plan", which in 2019 was determined by the Design Center to be consistent with the Kona CDP. According to the applicant's "Regulating Plan" submitted with a concurrent request to amend Project district Ordinance No. 09 132, development of the Business Park will occur during Phase III-N. Because development of the Business Park is not anticipated to begin until Phase III of the overall Palamanui Development, the Planning Director recommends providing a ten (10)- year time extension to secure final subdivision approval rather than the standard five years requested by the applicant. Additionally, to ensure connectivity between the University Village and Business Park, the Planning Director recommends University Drive between Queen Ka`ahumanu Highway and Ane Keohokalole Highway and the University Drive-Queen Ka`ahumanu Highway intersection be completed prior to final subdivision approval. Since the MCX zoning was approved in 2009, the applicant has taken several steps in developing the property in accordance with the terms or conditions of approval, including providing road, water and electrical infrastructure, preparing a water master plan, rough grading University Drive, which provides access to the rezone area, and implementing the Integrated Natural Cultural Resource Management Plan to preserve natural and cultural resources on the property. Thus, the non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. Approval of this request is not be contrary to the General Plan or Zoning Code nor with the original reasons for granting the Change of Zone. There have not been any significant changes to the General Plan for this area since the change of zone was approved in 2009. At that time, the General Plan LUPAG Map designation for the property was the same DocuSign Envelope ID:369D8555-2D80-4AE9-BE09-C9FE47FACAC4 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 3 that it is today, Urban Expansion. This designation allows for industrial and commercial development; thus, the current Industrial-Commercial Mixed (MCX) zoning is consistent with the General Plan designation. The zoning continues to be consistent with the Kona Community Development Plan, as the MCX-zoned area is part of the larger Palamanui project which is designated as a Transit Oriented Development (TOD) in the Kona CDP. The industrial-commercial land uses in the rezone area will serve the residents and businesses in the larger Palamanui development and University campus. Lastly, the reasons for granting the original change of zone have not changed. The applicants still proposed to subdivide the rezone area into approximately 35± lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses permitted under the MCX zoning, such as distribution and wholesaling uses, retail and office uses. In addition to the amendment to Condition E to provide a 10-year time extension, the Planning Director recommends 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. 3 Condition D is amended to indicate a revised Water Master Plan is required for the new phasing plan and updates the condition to say the applicant must comply with the Nater Agreement on file, which is in the process of being amended. This amendment was recommended by the Department of Water Supply in their memo dated September 21, 2020. Condition H is amended because single-family residential lots are not a permitted use in the MCX zoning district. This language was included in Ord. 09 131 as a"cut and paste" error. i Condition O is deleted to reflect the Queen Ka`ahumanu Highway widening improvements to the airport were completed and opened in 2018. j i This favorable recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Industrial-Commercial Mixed (MCX) zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 131. The DocuSign Envelope ID:369D8555-2D80-4AE9-BE09-C9FE47FACAC4 i Aaron S.Y. Chung, Council Chair and Members of the County Council s County of Hawaii Page 4 accompanying draft bill to amend Ordinance No. 09 131 is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information will be provided under separate cover. Should you have any questions,please contact Jeff Darrow of the Planning Department at 961-8158. Sincerely, hDocuSigned by: "Cgc Clan.S," 11/30/2020 1 7:13 PM HAST D9A0EEF837FE482... NANCY CARR SMITH, CHAIR Leeward Planning Commission UalamanuiREZ09-0941pc2 cc: Paul Kay, Palamanui Global Holdings Sidney Fuke, Planning Consultant Roger Harris Department of Public Works Department of Water Supply Malia Hall, Esq., Corporation Counsel BPalai-nanuiAmendREZ09-94.doc-1016120 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PALAMANIJI GLOBAL HOLDINGS LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-131 (REZ 09-94) PALAMANUI GLOBAL HOLDINGS LLC has submitted an application for a time extension to Condition E (Secure Final Subdivision Approval) of Ordinance No. 09-131, which rezoned 29.92 acres from the Project District(PD) to Industrial-Commercial Mixed- 20,000 square feet(MCX-20) zoning district in 2009. The property is part of the proposed Palamanui development located northeast of the Kona International Airport at Kedhole,between Queen Ka'ahumanu Highway and Makalei Estates Subdivision, Kau, North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. APPLICANT'S REQUEST AND REASONS 1. Applicant's Request: The applicant is requesting a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 09-131, which states: "Final Subdivision Approval shall be secured within five(5) years from the effective date of this ordinance." This condition required final subdivision approval within the rezone area be secured by November 4, 2014. In April 2015, the Planning Director issued an administrative time extension until November 4, 2019 to comply with Condition E. 2. Applicant's Reasons for the Request: The applicant did not obtain Final Subdivision Approval because the road access to the MCX rezone area was not constructed or bonded by the deadline due to delays with the overall Palamanui Development schedule. 3. Current Proposed Development: The 29.92-acre rezone area is a portion of an approximately 70-acre area titled"Palamanui Business Park"under the Project District designation of the Palamanui Development on the subject property. The applicant plans to use the area for wholesaling and distribution uses, which the Project District zoning does not permit. The 29.92-acre area is proposed to be subdivided into approximately 35± lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses permitted under the MCX zoning. The applicant anticipates developing distribution and wholesaling uses, as well as retail and office uses on the site. A mix of buildings from 5,000 square feet to 40,000 square feet is anticipated. Since August 2013, the applicant has been consistently meeting with the Planning Department through its Kona CDP Design Center and has spent considerable time and money to create an updated Master Plan or"Regulating Plan", which in 2019 was determined by the Design Center to be consistent with the Kona CDP. According to the applicant's "Regulating Plan" submitted with a concurrent request to amend Project District Ordinance No. 09 132, development of the Business Park will occur during Phase III-IV. The cost of the initial improvements is estimated at approximately$3 million. Individual projects on the lots will be constructed in the future at a rate of approximately$4-5 million each year. The Palamanui Business Park is anticipated to accommodate approximately 75-95 businesses. Parking will be provided on the individual lots as required by the Zoning Code. Palamanui, the master developer, will provide subdivision improvements including curb, gutter, sidewalks and on-street parking. 4. Landowner: Palamanui Global Holdings, LLC. 5. Supportive Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 —Change of Zone Application dated May 20, 2020 with enclosed amendment request) AGENCIES' COMMENTS 6. State Department of Transportation: P.D. Exhibit 2—September 9,2020 letter 7. Department of Water Supply: P.D. Exhibit 3- September 21, 20020 memo AGENCIES -NO COMMENTS OR CONCERNS 8. Police Department, Department of Public Works, Department of Environmental Management. AGENCIES -NO RESPONSE 9. Fire Department, State Department of Health, State Land Use Commission, State Department of Land and Natural Resources, Mdkdlei Community Association. PUBLIC COMMENTS 10. None as of this writing. -2- b CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Palamanui Global Holdings,LLC APPLICANT'S SIGNATURE: DATE: 5120/20 ADDRESS: 737 Bishop Street Suite 2750 Honolulu,Hawaii 96813 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Steven W.Colon, Paul Kay PHONE:(Bus.) 808-58.5-7900 (Res.) (Fax) LANDOWNER(S): Palamanui Global Holdings,LLC LAND OWNER SIGNATIIRE(S): � DATE: 5/20/20 (Mm- be by letter) LANDOWNER(S) ADDRESS: Same as applicant's REQUEST: MCX TO MCX (Amended Condition) (Existing zoning) portion of(3) 7-2-005:001€Pr"Pos'ed Zoning) TAS MAP KEY: STREET ADDRESS OF PROPERTY: 72-3977 Queen Kaahumanu Highway SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 29.92 acres AGENT: ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whorl original correspondence and copies should be sent. ORIGINAL: Paul Kay COPIES: 737 Bishop Street Suite 2750 Honolulu., HI 96813 1 ,33433 Planning Dept. Exhibit I� To: Planning Department County of Hawaii From: Palamanui Global Holdings,LLC. Request for Amendment to Zoning Ordinance No. 09-131. Condition E . "Final subdivision approval shall be secured within five(5)gears from the date of this ordinance. " The 5 year deadline was Nov 4,201.4. The applicant did not obtain final subdivision approval because the road access to this mex area was not constructed or bonded by the deadline. This was due to delays with the overall Palamanui Development Schedule. Therefore, the applicant, Palamanui Global Holdings, LLC , hereby requests an amendment to Condition E stating : "Final Subdivision Approval shall be secured within 5 years from the date of approval of this ordinance extending the effective date of Ordinance No. 09-131 Thank you . DAVID Y.IGE is�x JADE T.BUTAY GOVERNOR {* �9sg* DIRECTOR € Deputy Directors LYNN A.S.ARAKI-REGAN DEREK J_CHOW �, . ROSS M.HIGASHI EDWIN H.SNIFFEN STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION STP 20-112 869 PUNCHBOWL STREET STP $.3015 HONOLULU, HAWAII 96813-5097 September 9, 2020 3 -=X I, s Mr. Michael Yee Director - qp a ln'N - Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Attention: Ms. Maija Jackson Dear Mr. Yee: Subject: Amendment to Change of Zone Ordinance No. 09-131 (REZ 09-000094) Five-Year Time Extension to Condition E Palamanui Global Holdings, LLC North Kona, Hawaii Tax Map Key: (3) 7-2-005: 001 (Por.) The State of Hawaii Department of Transportation (HDOT)has reviewed the subject amendment request and understands the applicant, Palamanui Global Holdings, LLC is requesting a five-year extension to Condition E, which required obtaining Final Subdivision Approval within five years of the Zoning Ordinance approval date of November 4, 2009. The five-year deadline date (November 4, 2014)has passed, and the applicant did not obtain final subdivision approval because a road access was not constructed or bonded by the deadline due to delays in the overall development schedule. HDOT has the following comments: Airports Division(HDOT-A) 1. The Palamanui Global Holdings,LLC property is immediately adjacent to Ellison Onizuka Kona International Airport at Keahole across Queen Kaahumanu Highway. All projects within five miles from Hawaii State airports are advised to read the Technical Assistance Memorandum(TAM) for guidance with development and activities that may require further review and permits. The TAM can be viewed at this link: http://files.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-Airports_08-01-2016.pdf 2. Federal Aviation Administration(FAA)regulation requires the submittal of F d"I Form 7460-1 Notice of Proposed Construction or alteration pursuant to the C d 'MANNED Planning Crept. SER 17 2020 Exhibit ?. 4 :1_;_ 5989 L ! Mr.Michael Yee STP 8.3014 September 9,2020 Page 2 Federal Regulations, Title 14, Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 feet. Construction equipment and staging area heights, including heights of temporary construction cranes, shall be included in the submittal. The form and criteria for submittal can be found at the following website: https://oeaaa.faa.gov/oeaaa/extemal/Portal.jsp 3. Due to the proximity to the airport,the developer should be aware of potential single event noise from aircraft operations. There is also a potential for fumes, smoke, vibrations, odors, etc.,that may result from occasional aircraft flight operations over the project location. 4. The Airport Zoning Act, Hawaii Revised Statutes, Chapter 262,requires HDOT-A to prevent hazards and non-conforming uses that conflict with the FAA Hazardous Wildlife Attractants requirements. FAA Advisory Circular 150/5200-33B,Hazardous Wildlife Attractants On or Near Airports, requires a minimum distance of five(5) statute miles between the farthest edge of the Airports Operations Area(AOA) and the hazardous wildlife attractant if the attractant could cause hazardous wildlife movement into or across the approach or departure space. We recommend using appropriate landscaping that deters bird nesting and foraging and the prohibition of water features in the park design. Highways Division(HDOT-HWY) The time extension for final subdivision approval requested under Condition E would not impact State highways. If there are any questions,please contact Mr. Blayne Nikaido of the HDOT Statewide Transportation Planning Office at(808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. Sincerely, _--- JADE T. BUTAY Director of Transportation cls WAT"4 /B= £0 '4 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWA141 .l4 w .,ter 345 KEKt1ANAC)`A STREET, SUITE 20 Hll-U, HAVNAI`l 96720 TELEPHONE(808)961-8050 . FAX (808)961-8657 September 21,2020 TO: Mr.Michael Yee, Director Planning Department FROM: Keith K, Okamoto,Manager-Chief Engineer StIBH,.CT: Amendment to Change of Zone Ordinance No.09-1131 (REZ 09-000094) Applicant—Palamanui Global Holdings LLC Request: Amendment to Condition E(Secure final Subdivision Approval) Tax Map Key 7-2-005:Portion 001 We have reviewed the subject request and have the following comments and conditions. Water will only be available subject to the applicant complying ww=ith the requirements of the eater Agreement and completion and dedication of necessary water system improvements to support any development within the project. The Department will request to revise the water master plan for this project to correlate the necessary water system improvements with the proposed phasing of the development's master plan. Lastly, please be informed that due to the conditions in the Water Agreement, the amount of water available for proposed developments within the project are subject to the performance of the well that is currently being, repaired. The applicant has submitted an amendment to the existing Water Agreement and is being reviewed by the Department. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Palamanui Global Holdings L1_.C. Planning Dept. . . . Water, D2tr cast reci us source. . . Ka `Alai, ''Kdne. . . 2 Exhibit The Department of Water Supply is an Equal opportunity provider and employer. RPalamanuiAmendREZ09-94.doc 11/10/20 COUNTY OF RAWAIJ PLANNING DEPARTMENT RECOMMENDATION PALAMANUI GLOBAL HOLDINGS LLC AMENDMENT OF CONDITION E CHANGE OF ZONE ORDINANCE NO. 09-131 (REZ 09-94) Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Condition E (secure final subdivision approval) of Change of Zone Ordinance No. 09 131 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 upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 09 131, which states: "Final Subdivision Approval shall be secured within five (5)years from the effective date of this ordinance. This condition required final subdivision approval within the rezone area be secured by November 4, 2014. In April 2015, the Planning Director issued an administrative time extension until November 4, 2019 to comply with Condition E. The applicant did not obtain Final Subdivision Approval because the road access to the Industrial-Commercial Mixed (MCX)rezone area was not constructed or bonded by the deadline due to delays with the overall Palamanui Development schedule. The 29.92-acre rezone area is a portion of an approximately 70-acre area titled "Palamanui Business Park"under the Project District designation of the Palamanui Development on the subject property. The applicant plans to use the area for wholesaling and distribution uses, which the Project District zoning does not permit. The 29.92-acre area is proposed to be subdivided into approximately 35±lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses permitted under the MCX zoning. The applicant anticipates developing distribution and wholesaling uses, as well as retail and office uses on the site. A mix of buildings from 5,000 square feet to 40,000 square feet is anticipated. The cost of the initial improvements is estimated at approximately$3 million. Individual projects on the lots will be constructed in the future at a rate of approximately$4-5 million each year. The Palamanui Business Park is anticipated to accommodate approximately 75-95 businesses. Parking will be provided on the individual lots as required by the Zoning Code. Palamanui, the master developer, will provide subdivision improvements including curb, gutter, sidewalks, and on-street parking. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result or their fault or negligence. Since August 2013, the applicant has been consistently meeting with the Planning Department through its Kona CDP Design Center and has spent considerable time and money to create an updated Master Plan or "Regulating Plan", which in 2019 was determined by the Design Center to be consistent with the Kona CDP. According to the applicant's "Regulating Plan" submitted with a concurrent request to amend Project district Ordinance No. 09 132, development of the Business Park will occur during Phase III-IV. Because development of the Business Park is not anticipated to begin until Phase III of the overall Palamanui Development, the Planning Director recommends providing a ten(10)-year time extension to secure final subdivision approval rather than the standard five years requested by the applicant. Additionally, to ensure connectivity between the University Village and Business Park, the Planning Director recommends University Drive between Queen Ka`ahumanu Highway and Ane Keohokalole Highway and the University Drive-Queen Ka`ahumanu Highway intersection be completed prior to final subdivision approval. Since the MCX zoning was approved in 2009, the applicant has taken several steps in developing the property in accordance with the terms or conditions of approval, including providing road, water and electrical infrastructure, preparing a water master plan, rough grading University Drive, which provides access to the rezone area, and implementing the Integrated Natural Cultural Resource Management Plan to preserve natural and cultural resources on the property. Thus, the non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. -2- Approval of this request is not be contrary to the General Plan or Zoning Code nor with the original reasons for granting the Change of Zone. There have not been any significant changes to the General Plan for this area since the change of zone was approved in 2009. At that time, the General Plan LUPAG Map designation for the property was the same that it is today, Urban Expansion. This designation allows for industrial and commercial development; thus, the current Industrial-Commercial Mixed (MCX) zoning is consistent with the General Plan designation. The zoning continues to be consistent with the Kona Community Development Plan, as the MCX-zoned area is part of the larger Palamanui project which is designated as a Transit Oriented Development (TOD)in the Kona CDP. The industrial-commercial land uses in the rezone area will serve the residents and businesses in the larger Palamanui development and University campus. Lastly, the reasons for granting the original change of zone have not changed. The applicants still proposed to subdivide the rezone area into approximately 35±lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses permitted under the MCX zoning, such as distribution and wholesaling uses, retail and office uses. In addition to the amendment to Condition E to provide a 10-year time extension, the Planning Director recommends 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. Condition D is amended to indicate a revised Water Master Plan is required for the new phasing plan and updates the condition to say the applicant must comply with the Water Agreement on file, which is in the process of being amended. This amendment was recommended by the Department of Water Supply in their memo dated September 21, 2020. Condition H is amended because single-family residential lots are not a permitted use in the MCX zoning district. This language was included in Ord. 09 131 as a"cut and paste" error. Condition 0 is deleted to reflect the Queen Ka'ahumanu Highway widening improvements to the airport were completed and opened in 2018. -3- This favorable recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Industrial-Commercial Mixed (MCX) zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 131. The accompanying draft bill to amend Ordinance No. 09 131 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. -4- 3 OJN(YfOF h,+Y COUNTY OF HAWAItI {_ STATE OF HAWAII i '1pF O.F.M'.pA BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09 131 WHICH RECLASSIFIED LANDS FROM PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20) AT KA`U,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. 09 131 is amended as follows: I "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(29( Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: i (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or 3 (2) Reasonably conceived to fulfill needs directly emanating from the land use i proposed with respect to: i (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. I INSERT CONDITIONS I SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. i -1- 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: -2- r OPEN r A-5a A-500n OPEN ' OPEN rr r A-5a r PROJECT DISTRICT(PD)TO 109499 INDUSTRIAL-COMMERCIAL MIXED- I89042?W. 20,000 SQUARE FEET{MCX-20) _ IKAIIIPU'U" 29.420 ACRES - OPEN PDA-500a A-500a _ r r OPEN PDA-5a r PD A-5a OPEN Z PD A-5a PD Q O N r a r r A-5a MG-la r r OPEN W r W PD I OPEN t MG-15 r A-5a r A-5a A 5a OPEN r t l OPEN 1 lLilil11.1 A-5a A-5a OPEN v Z r A- - r A-5a 3 0 1,750 3,500 7,000 10,56-0— 14,000 Fee '�EHEgBy_ '-�uut.o�J AmMIEND'ENT TO THE ZONING CODE, AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED -20,000 SQUARE FEET (MCX-20)AT KAU, NORTH KONA,HAWAII MAP PREPARED BY: COUNTY OF HAWAI'I,PLANNING DEPARTMENT TMK 7-2-05 por 1 FOR REFERENCE ONLY DATE Apnl 21,2009 EXHIBIT"A" (Palamanui Global Holding LLC Map 1262) �� t�o UalamanuiAmendREZ09-94.doc-1119/20 PALAMANUI GLOBAL HOLDINGS LLC AMEND CHANGE OF ZONE NO. 09-131 (REZ 09-94) 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. C. The applicant shall comply with the applicable conditions of Ordinance No. [06 105 effeeti e July 17, 2006] 09 132 effective November 4 2009, and any applicable amendments therof. D. The applicant shall submit a revised water system master plan for review and approval by the Department of Nater Supply, and comply with the requirements of the Water Agreement including completion and dedication of necessary water system improvements, prior to the issuance of Final Subdivision Approval. E. Final Subdivision Approval shall be secured within [five (5) Lenf 10 years from the effective date of this amended ordinance. Construction of the Queen Ka`ahumanu Highway-University Drive intersection and University Drive from Queen Ka`ahumanu Highway to Ane Keohokalole Highway shall be completed prior to Final Subdivision Approval. F. Prior to construction on each of the lots, the applicants, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaii County Code. -1- G. Access to the [prapefty] rezone area shall meet with the approval of the Department of Transportation and the Department of Public Works. H. 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 receipt of Final Subdivision Approval. Drainage improvements shall be constructed, meeting with the approval of the Department of Public Works,prior to the [ree€;rpt 0 issuance of a certificate of occupancy for any buildings[, V 1 final 131al subdivisio . a f f subdivision ereating single family residential 1. The existing Solid Waste Management Plan with the Department of Environmental Management shall be followed. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Environmental Management. J. A wastewater treatment system shall be constructed, meeting the approval of the State Department of Health and/or Department of Environmental Management, whichever is applicable. All wastewater shall be treated at an approved wastewater treatment plant, to a minimum of secondary treatment, with R-1 effluent, unless a greater level of treatment is required by the Department of Health. Wastewater shall be used for irrigation of landscaping or other beneficial reuse to the maximum extent feasible. K. 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. L. 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 Subdivision Approval; in addition, any affordable housing credits earned from the industrial-commercial mixed zone shall be applied to the original and remaining project district from -2- which this zoning was removed and shall be constructed on-site in the original project district defined in Ordinance No. 09 132, as amended. M. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. N. 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. [0. Total fetail spaee (not ineluding festaufants) shall not exeeed 75,000 square feet under r-00f until the eenstmotion of the Queen Ka'ahumaftu Highway, Phase 11 _fflepits to four lanes fr-ofn Kealakehe Par-kway to the Kona latemational Airport at Keahole has been semt:ed by the state en4er-ing inte a eonstfuetion eantfact fef the improvements. The square footage of .......ts, !eased to the viii ver-sity E)f 14awai'1 shall not eount against this limit. [P-.]O. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. [Q-.]P. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this ordinance [Pr-mect Distr-iet Or-dina-nee]. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. initial exteasion of time for the per-fbfmanee of eofiditions within the or-dinanee may be granted by the Plawiing Difeetof upon the folio tances. -3- xnr and +b + ++b t+ f their-fault negligence. ...,�,..b�av, .+....� ..ii.... .a...,iiv� a.iiv iwui� vi luuicer- 2. Granting of the time extension would not be eontfafy to the General Lila„ of Zoning Code-. Plan 3. Granting of the tkne extension would not be eon"to the original reasons faf the granting of+too Pf +D + + ivu , r . The+if e extension granted shall be foo Fclzvcnot to cxGEGd the pefiod originally g „tedfo-pe-r-feftnanee (i.e., a eon lition to be- performed within one year-may be extended fef up to one additiona4 5J 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. R. 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