Loading...
HomeMy WebLinkAboutCOM 0051.000 2020-2022 V OF *, Lee E.Lord Managing Director Mitchell D.Roth *: c Mayor — Robert H.Command tT�Tb oµ'Mt` Deputy Managing Director 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 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. 09-132 (REZ 05-000010) Applicant: Palamanui Global Holdings, LLC Request: Amendment to Condition V (Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements) 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. ROT Mayor TCouncilPalamanuiUZ05-021009-132 Enclosures cc: Planning Department Comm. No. Ref.To: ?G County of Hawaii is an Equal Opportunity Provider and Employer. Ref. gate DEC 3 1 2020 Harry Kim L.•' \ '�� Nancy Carr Smith, Chair Mayor Perry Kealoha,Vice-Chair Barbara DeFranco Roy Takemoto •' - Max Newberg Managing Director >E oF'µ�� Mark Vail Perri1S Michael Vitousek County of Hawai`z Faith"Faye"Yates LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 * Hilo,Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 DE C 2020 m Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09-132 (REZ 05-000010) Request: Amendment to Condition V (Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements) Applicant: Palamanui Global Holdings, LLC Tax Map Key: 7-2-005:001 (Por.) The Leeward Planning Commission, at its meeting held on November 19, 2020, reviewed and considered the application to amend Condition V(Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements) of Ordinance No. 09-132, which amended Ordinance No. 06-105, which rezoned 725 acres from an Agricultural- 3 acres (A-3a) and Open to a Project District zoning district for a mixed-use development known as Palamanui Development. The property is located northeast of the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Ka`u, North Kona, Hawai`i. The Leeward Planning Commission voted to forward a favorable recommendation to the County Council as recommended by the Planning Director with amendments to Condition R(former Condition S), Condition U (former Condition V), and Condition AA (former Condition X). Specifically, they amended Condition R to clarify that the applicant will develop the Phase II park improvements and dedicate to the County prior to development of the 500th residential unit, rather than dedicate undeveloped land to the County. Condition U1 was amended to remove any reference to connection of University Drive with Makalei Drive because Makalei Drive is a privately owned road. Finally, Condition AA was amended to indicate that construction vehicles Hawai'i County is an Equal Opportunity Provider and Employer- Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 2 cannot use Mdk5lei Drive, except for construction work related to the Palamanui water system within easements of record within M5kdlei Estates. Please note that the draft conditions were incorrectly lettered when reviewed by the Planning Commission which may cause confusion when reviewing the transcripts of the Leeward Planning Commission meeting. Condition S related to parks in Ordinance No. 09 132 was referred to as Condition P in the transcript and is now correctly lettered as Condition R. Condition V related to roads in Ordinance No. 09 132 was referred to as Condition S in the transcript and is now correctly lettered as Condition U. Condition X related to Mdkdlei Drive in Ordinance No. 09 132 was referred to as Condition Y in the transcript and is now correctly lettered as Condition AA. We apologize for the confusion this may cause 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; • 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 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 3 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 V1c3- 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 [doselep eiie 20 aefe a-fk siter f to the issuanee 4 within i the P fojeet ] 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 by the applicant prior to issuance of a Building Permit for the 251St 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 4 1 J V11V Pony Plus League baseball soft-ball field ineluding., A) agul.ltio baekst„nz L li. ,. hl A g l.,tio dugo,,t f- eh side f the field; e) DVAab1e VLeachefs to seat W minimum of cn per-sons in eaeh.. hl her- one hl h fef eaeh f th ,1 1 I d) A ata f rei a t roteet the eetat,,-s• I al A, -opr4lta f neing to ,,,•„+ant the teams; f) >aa,•,eing the pe f meta,-of the baseball l field; I g) ADA . a Bible pathways ays to aeh the baseball f+h 11 f 1 1 bl iiL'i'L WVVVJ VI VIV YWLLL YY U�'U LV SeUV1Z from the,•,.,,-1 ing . h)Plaeoment of glass *EBF app Ce afeas'of the fieZ'd, and it An iffig do system ifistalled fee the playing fik 7l One Tittle League baseball aseb..,ll sefth.ll field;,-,.,1,, a zrj a) A r-egulation backstop I hl A , „l.,tio dugout for-each '.1 of t field; e) Pe(table hleaeha,-o to seat ., of 50 V`1 VLLWVIV Lr1V WSJ '. b,lo.ehe- e hla.,nhef f„,- each of the sidelines; d) A w. .,te f neing to ., etent thea � ant.,teFs; u1 z lY�rv�il Atv , a1 Appr- pfiata a,-ei +„ -„tent the teams; v fh f) Fenn „n the perimeter- f+heasea bbl fie ; ld oI g)ADA o;b.le pathways t„ , eb, the baseball seftb.,,ll f; l.t r -----�v_�__r..___....�� _.. __--___ .�__ ......_,,.... ...,x..,.... .1..1.. f em the.,.,,-1 ing areas; h Plaeemeiit of gr-ass for--mate-afeas of the field i) An iff4gatieii systeffi installed for-the playing fiekl-. ) One, „l.t;,-.,, adii "ig hoo field that h 11 1 ,l � Le6WLWLlvll W.LWLL,z-rr�rx�crrovr�vcce-i—ricnrcnzxc-3rrccrfrrzczrtcce: UJ 1 Vl LUV1V VIV AVZSV a b.leaehef e hleaehef f f a nh of the sidelines; I b) ADA aeeessible pathways t„ . nh the s -field ffem the pafL Vl 1 LUVV111V11L VL �,.lU areas field; and d) An; g +iet system installed fef theseeeer-f 1.1 4) One staadafd size dog park. 55) One e6m(eft sta4ian, 30c60 feet, with l;ah+;,•,g, <ci atef, a-ad ADA V V111tJ11G{.L1L 1VJL1VV11S lUVll lee ie s to ha detafffi ,.e b. ,the .1 ,+ t f 1 d W11vuJ LV V V uV VL111111Vu V� L �CTl�7LTtC1S1lT1 r07-1-1"�CryS3-{,yZjLR' ]T� 1 61 One« e par-king lot.with 56 full sa-kiiit stalls ,a I v� vlly�rcr`vc�-Fru nooible ADA p i4ii g stalls far- n total of Fn,. .e par-kingstalls VVrJJLVLV tL.i.11>1J Wl l�ltlb JLW11J 1V1 U LV 1111 VL VV Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 5 eonneeted b ADA s b,lo .,gi s to all tiyit< areas „��t,o vehicles eapmot . s the park afte,-hours. Depfftmen4 of PaFks and S loT] 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. Phase II, consistin�pproximately 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 [to the proposed Ane Keehokalele Highway (Road 6A Kona CDP Map, Figufe ], 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 [ Kon ( DP) in4efsee+ion with T Rive fsit ,Dr-i e] the former Kamanu Street and now proposed extension of the Ane Aaron S.V. Chung, Council Chair and Members of the County Council County of Hawai`i Page 6 Keohokalole Highwgy Road 3A on both Figure 4-3, Kona CDP Map and Exhibit A-5, Applicant's Master Plan) shall be completed [1.11111 Lt1 L(Al1It Lil L[T to the opening of the fifst building .,stFueted e the State land f6 f the T T t. f 14 ' be orejuly 3, `'�whiehever-eeeufs first:] as part of Palamanui's Phase III improvements and prior to the issuance of a certificate of occupanc four an_y building within Phase III. The remaining section of this roadway from the [ amu St,-�] 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 of the first 1.11;1,1iiig eenstteeted o the Sta4e land f", University of 14a ai`1 of efn r i4 fieato fO � or�cr�crcrrrcccccvrvcc-izpiiiic�-i of any single faffiily 1 esidei4 "ercLrnemes, whieheyef eeettfs first] 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 Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 7 2. Kamanu Street (Road 3A - Kona CDP) from University Drive (Road 2) to 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 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 thirty thousand(30,000) square feet of commercial area and more than sixty(60) hotel units; or whenever the Department of Public Works reasonably determines it is warranted. Amended Condition V3: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 3. Ane Keohokalole Highway(Road [64] 3A- Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5): The portion of Ane Keohokalole Highway [(-6)] (Road 3A- Kona CDP Map and Road 3A of Applicant's Master Plan, Exhibit A-5) within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road, within this 120-foot right-of-way to County-dedicable standards. J44s Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 8 (Read I Kona C=DP) eenfleeting Highway 190 with Univer-sity Drive and the Queen rf„'.,>1,,,,.,aft High a ,.] 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. [whe„ the r,,, my Fe,, fifes ;t toeenne + with Read 1 ( en GDP).] Ane Keohokalole Highway [(6)], 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: 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. [ApplieafA shall eenstigiet Road 1, a4 its sole expease as a two 1 The Mina design andma�Eitnum ,-a e of Read 1 shall he the Pl.,nfli g Dir-ee4ei:The applieafA sb-runl eentinue prcpaf4e y wer-k faf the design of Read 1, ineiiidifig war-king with the GetffAy ofHawaii to s e+he fight of way f f Read 1 aefess Q+. to of 'c• £HHaar; ton e the Y-& of way evef pffv.,teles,owned 1,nos Appl;l,ant shad not b.e, .1 to install„t;l;t;es st-eedigh+s e fe , exeept that stfeetlights shall be installed by the appheant at th-e ii4el-seefien with i4 A,ay 190. The Get ty shall obtain the a of B. e-A 1 < .;11 be s fe.l by bend of„the.-� +<> Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 9 oeting the a al of the Planning DiFeetef.to guarantee-that 11SZ�rVwemefits will be eompleted by the deadline speeified in this � PCr A34- A-4-4- �h O bond Bf EAh� Shall Sall bO,. e-El i ro�cv the gf-aflfifi f Of final SHbdi ni )a1 E) the pr-o ei4 eefftaining single family lots. The applioant shall eomplete Road I no late+ than six(6) yeafs-after-the AAir-e right of way is =equir-ed. The trfne exte Condition AA shall ala apply toRea,l 1.] VLILVZZJZVZS 1JZVY�� 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. Deleted Condition V6: f6��yest a v Drive, +t,c�icant sh- @Hj3�caz7-e�icrB�oQ-iiicat��r-i r`cr�crr fiimble stfips-and-establishing supef eleya4ien of the ettn,e,a5 re�lAll VLZ by LZIV i "miner- ad" an will � + t lal' Y V 1J U L Z2TRV 't�'ftt7eTfCij CR�'�.7tLCTilz ai3 U LLILVUgZZ JLLVVL ufifil Read 1 is opened for-p4he-ti�.] 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 ConcurrencvMp, 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 10 Palamanui intends to develop the project and its infrastructure consistent with the Master Plan known as the "Regulating Plan" contained in Exhibits A-1 through A-11, and Table 4, 8, 9, and 12 of the Application. Please note there are two changes in roadways that have occurred since 2009 when Ordinance No. 09 132 was adopted. First, in the ordinance, Road 6A is referred to as Ane Keohokdlole Highway but the alignment for this highway has shifted west to align with Road 3A. Therefore, all references to Ane Keohokdlole 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 I 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 11 and III compared to the TA. A main difference is the Business Park is developed in Phase 11 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 111. The TA concluded that a traffic signal would not be required at the Ka'iminani Drive- Ane Keohokdlole 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 I (New Connector Road),between the Palamanui property and Mdmalahoa Highway, is not necessary to mitigate traffic impacts generated by Palamanui. Based on this conclusion, the applicant believes placing the responsibility of constructing Road I solely on Palamanui is not proportional to their project impacts. Development of the property would occur in four phases as shown in Exhibits A- 8, A-9, A-10, and A-11 of the Application, and as follows: Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 11 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. • Business Park, • Up to 50 residential units (for a total of 500 residential units at the end of Phase III), Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 12 • 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 901St 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", 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 13 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 providingfor or 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. 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 14 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, playflield and a restroom, as designated in the Public Facilities Plan to provide adequate playfelds 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 % mile apart for subdivisions within the Urban Area. Subdividers shall provide for private maintenance or pay a fee pursuant to HCC Chapter 8 when required to provide neighborhood parks. 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 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 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 i Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 15 i 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. I 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 IRAN-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 j 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. i 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 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 L6 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 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 16 has recommended adding Condition S I d to require construction of this intersection at an earlier phase should the applicant decide to construct the Business 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 modifications, by adding a recommendation from DPW that another `trigger' for signalization is once DPW receives enough complaints to warrant a traffic study 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 IRAN-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 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 17 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 subdivisions north of University Drive are proposed to be built during Phase 11. 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 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 18 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 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 Mdkdlei Drive to provide a safe transition at the point where University Drive connects to Mdkdlei Drive. The condition also requires that Mdkalei Drive not be opened for public traffic until Road 1 is completed and opened for public use. Mdkdlei Drive between the Palamanui property and highway 190 (Mamalahoa Highway) was deeded from Hiluhilu Development LLC to the Mdkdlei Estates Community Association in July 2015 and therefor is a private roadway. The original zoning ordinance (Ord. No. 83 850) for Mdkdlei Estates and the Palamanui lands required Mdkdlei 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 Makdlei 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 Mdkdlei 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 S6h This condition relates to Road 6A. The applicant requests adding this condition to specify that Road 6A shall be a 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 19 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 reference 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. 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 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 20 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 Subdivision Code and Zoning Code referenced in the condition are for an old, 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. Conditions O and Q 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 21 Condition S I 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 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. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 22 New Condition T is being added to ensure the connectivity standards in Kona CDP Objective 2 and Policy IRAN-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 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 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 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 23 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. 09 132 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. 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, DocuSigned 6y: E r>,cy Cocv� Sn.:X 12/3/2020 ( 8:43 PM HAST D9AOEEF837FE482... NANCY CARR SMITH, CHAIR Leeward Planning Commission LCouncilPalamanuiREZ05-0101pc2 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai i Page 24 cc: Paul Kay, Palamanui Global Holdings Sidney Fuke, Planning Consultant Roger Harris Department of Public Works Department of Water Supply Mafia Hall, Esq., Corporation Counsel PalamanuiAmendREZ05-10.doc 11/11/20 COUNTY OF HAVI PLANNING DEPARTMENT BACKGROUND REPORT PALAMANUI GLOBAL HOLDINGS LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 132 ( EZ 05-10) PALAMANUI GLOBAL HOLDINGS LLC has submitted a request to amend Condition V (Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements) of Ordinance No. 09 132, which amended Ordinance No. 06 105, which rezoned 725 acres from an Agricultural- 3 acres (A-3a) and Open to a Project District zoning district for a mixed-use development known as the Palamanui Development. The property is located northeast of the Kona International Airport at Kedhole, between Queen Ka'ahumanu Highway and Mdkdlei Estates Subdivision, Kau,North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. APPLICANT'S REQUEST 1. Status of Project Development: Palamanui Global Holdings LLC ("Palamanui") is the owner and developer of the 725-acre property known as the mixed use "Palamanui Development" on TMK 7-2-005:001, which consists of 695 acres zoned Project District and about 30 acres zoned MCX(Industrial-Commercial Mixed) located just north of the University of Hawaii- West Hawaii campus ("UHWH"). One of the short-term objectives of the Palamanui Development was to help kick start the development of the UHWH, with the goal of creating a university village that consisted of a university and a community. Palamanui has already invested more than $22 million towards the construction of the UHWH and related infrastructure in a cooperative undertaking with the University of Hawaii. Palamanui's work and expenditures that have directly benefited and/or supported the UHWH include: • Funding$4.4 million for the completion of a new road from Ka'iminani Drive to the new University Drive, which is identified as Road 3A in the Kona Community Development Plan ("KCDP"); • Funding $5.3 million towards the construction of the first phase of the UHWH campus, including a$700,000 contribution for an environmentally superior wastewater treatment system on the campus site; • Designing and constructing an$11.55 million water system to support not only the Palamanui project but future growth of the UHWH campus; and • Installing power and cable to the UHWH campus at a cost of$400,000. The UHWH opened its doors in Fall of 2015. Palamanui hopes to develop its planned University Village which will provide support to the UHWH, as well as to continue assisting with the direct development of the UHWH campus. However, its financial ability to do either has been constrained by some conditions of the Project District ordinance. 2. Proposed Development Phasing Plan: Palamanui intends to develop the project and its infrastructure consistent with the Master Plan known as the "Regulating Plan" contained in Exhibits A-1 through A-11, and Table 4, 8, 9, and 12 of the Application. Please note there are two changes in roadways that have occurred since 2009 when Ordinance No. 09 132 was adopted. First, in the ordinance, Road 6A is referred to as Ane Keohokalole Highway but the alignment for this highway has shifted west to align with Road 3A. Therefore, all references to Ane Keohokalole Highway in the requested amendments refer to Road 3A. Because of this shift, the Department of Public Works has requested, and Palamanui has agreed, to shift the future Road 1 alignment to connect to the northern terminus of Road 3A (Ane Keohokalole Highway)rather than Road 6A. The Palamanui Development will continue to consist of a mixed-use development with 1,116 residential units (inclusive of required affordable housing); a 70-acre business park; 230 acres of open space; a 74-acre Dry Forest Preserve; a 30-acre "University Village Town Center" with a 120-room hotel and retail shopping and commercial amenities to support the UHWH and surrounding businesses; and a 20-acre regional public park. The phasing plan was created based on a Traffic Assessment("TA") dated August 10, 2017, prepared by Austin, Tsutsumi and Associates, Inc. and which is also consistent -2- with prior Traffic Impact Assessment Reports (TIAR)prepared for the Palamanui project by SSFM in 2014 and 2016. The applicant has modified development components of Phase 11 and III compared to the TA. A main difference is the Business Park is developed in Phase 11 of the TA with a signalized intersection at the Queen Kaahumanu Highway- University Drive (Road 2) intersection, rather than in Phase III as currently proposed. In the TA, University Drive would not be connected between the Business Park and University Village until Phase III. The TA concluded that a traffic signal would not be required at the Ka'iminani Drive- Ane Keohokdlole Highway intersection until after the completion of a combined 500 residential units; 30,000 square feet of commercial space; and 60 hotel rooms. The 2014 and 2016 SSFM TIAR's concluded that Road 1 (New Connector Road), between the Palamanui property and Mdmalahoa Highway, is not necessary to mitigate traffic impacts generated by Palamanui. Based on this conclusion, the applicant believes placing the responsibility of constructing Road 1 solely on Palamanui is not proportional to their project impacts. Development of the property would occur in four phases as shown in Exhibits A-8, A-9, A-10, and A-11 of the Application, and as follows: Phase I Phase I would be constructed just north of the UHWH campus to help facilitate and support the growth of the University. Construction would commence within two years of receipt of all necessary development permits and be completed within five years of the commencement date. • Up to 250 residential units, • Up to 30,000 square feet of commercial space, • Up to 60 hotel rooms, • 10 acres of improved park of a 20-acre public park, • A privately owned and maintained wastewater treatment plant, • Extension of Road 3A (Ane Keohokdlole Highway) from UHWH to the University Village Town Center. -3- Phase II Phase II would expand development centered around the University Village Town Center and construction would commence within two years of receipt of all necessary development permits and be completed within five years of the commencement date. • Up to 200 residential units, • 10 acres of unimproved public park conveyed to the County, • Extension of Road 2 (University Drive) from about 1,000 feet mauka and 1,500 feet makai of Road 3A (Ane Keohokalole Highway). Phase III Phase III would mainly be constructed between Queen Ka`ahumanu Highway and Road 3A/Main Street (Ane Keohokalole Highway). Upon completion of Phase III, the public will be able to drive from Queen Ka`ahumanu Highway to the UHWH campus through the Palamanui property. Construction would commence upon completion of Phase II, or possibly earlier depending on market conditions, and be completed within five years of the commencement date. • Business Park, • Up to 50 residential units (for a total of 500 residential units at the end of Phase III), • Up to 30,000 square feet of commercial space in the University Village Town Center, • Up to 60 hotel rooms (for a total of 120 hotel rooms at the end of Phase III), • A second wastewater treatment plant, • Signalized intersection at Queen Kaahumanu Highway and Road 2 (University Drive), • Signalized intersection at Ka`iminani Drive and Road 3A (Ane Keohokalole Highway). -4- Phase IV (Final Phase of Development) • Continue the build-out of the University Village Town Center and Business Park, • Construct the remaining 661 residential units located mainly between Road 6A and the eastern property boundary, makai of Makalei Estates. • Road 6A would be constructed. • Road 2 (University Drive) would be extended to the eastern property boundary to connect to Makalei Drive, which is a private roadway owned by the Makalei Estates Community Association. • Road I 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 901St residential unit. 3. Proposed Amendments to Ordinance Conditions: The applicant is requesting amendments, deletions and additions to the following conditions of Ordinance No. 09 132: • Amend Condition S (Scope and Timing of Park Improvements) • Condition V (Scope and Timing of Road Improvements): ■ Amend V I a- University Drive ■ Amend V I c3- Queen Ka`ahumanu Highway-University Drive Intersection ■ Amend V2- Signalization of Ka`iminani Drive-Ane Keohokalole Highway (formerly Kamanu Street) Intersection ■ Amend V3- Road 3A Extension(Main Street) ■ Amend V4- Road 1 (formerly connected to Road 6A) • Delete V6- Makalei Drive ■ Add V7- Road 6A (formerly Ane Keohokalole Highway) The specific requests follow (material to be deleted is bracketed/struck through,material -5- to be added is underscored): Condition S: S. The applicant shall [develop a 10aer-e pal-'-- +he issuanee the building permit for the 101'single familyor-multi family resi enee «,;thin the prE�e^td 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 b the he applicant prior to issuance of a Building Permit for the 251St 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 qpplication or Plan Approval for a multiple-family residential project. [The 'fin aer-e etiy .,-,ark site shall el„4a: 1) One Pony Plus League baseball softball field ineluding: a) A regulation baekstep b) A r-egulation dugout f each side of the field; e) Portable bleachers to seat a minimum of 50 bleaehe- one b.leaehe-fe eaeh of the sidelines; 7 X11 A p .,t® fene n., to oteet than eetatefs; ) eAppropriate pri to feneing to n eteet the teams; v f) Fene ng+he,,o,imetef of the base-ball field; g) ADA aeoessible pathways to r-eaeh the baseball softball fi from the par-king h) PlaE€ice z-ccs for- appropriate useas of the nerd;; and i) An; gati.n system installed f the playing f;ol 1 2) One Tittle League e baseb ll softball field; elud ng: a) A regulation baekstopF- -6- b.l A regulation o dugout � .,--b, side . :164- se „ s url Poi4ab.le 1,1®n,.t,vrn to seat a minimum of 50 persons in ae . l. bleacher- „ ®b.leaeb.ar f r eaeh of the sidelines; ,11 Appropriate f nein to r.r.,toct then ontat.,rn• 9 el Appropriate a+o f r ng to „ .,tont tb.o to n; f) 1~`enei g the per-;meter of the baseball fold; 9 g) ADA aeeessible pathways to r-eaeh the baseball softball fi 4om the par-king n' h) PlaeefnepA of gr-ass for appr-opr-ia4e areas of the field; and ;l An; g atio system installed for-the playing mol t 3) One regulation adult/high se-hool seeeer-field that shall inelude: 21 U�,rt..b,lo b,la. ahem to seat a of 50 u b,l o..nb.or one b,l t.aehfor r an et. of the sidelines; inns; v b) ADA aeeessible pathways to reach the seeeef field ffem pa-rlr, e) Dl.,..emei t of glass for- appropriate areas of the field; an d) A„ ; natio,,, system installed e F r then r fol 4) One standard size dog park. G) One eo 1 vnstation, 30x6O feet, with lighting, water-, and ADA locations to be detennined by the , epai t,, e t of parks r 6) One paved parking lot with 56 fu4l size par-king stalls and 4 van ible ADA par-king stalls foi:a total of 60 paved par-king sWls conneeted by ADA aeeessible pathways to all ac4ivity areas of the park, hardened with feneing and a gate so that unauthefized e ielan earmat n n the r.nrl. after-hoafn -7- The 20 aefe ae+, with the speeifie requirements to be detefmined in eensultation with th-e r1epaftme t o f Pa ks an D o,, e atio n then r,ty shalln ept 1../V�.l L4l tlll VllL V1 1 L3111�J ltllil 1\VVIVULI , n dam] Phase I improvements for this 10 acre public park shall include one regulation adult/high school soccer field, one baseball field with bleachers 3 one standard size dog park, comfort station, parking, landscqping and related improvements as outlined in the Department of Parks and Recreation-approved park master plan. 3 Phase II, consisting of approximately a total of 10 acres of land, shall be provided to the County at no cost within six (6) months of its request. Condition V 1 a: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective sE 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 [to the proposed Ane T eahevnl„le Highway (Read 6A Kona CDP Map, Figufe-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 -8- shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka'ahumanu Highway to [approximately 800 feet mauka ef Kamaffu Street(Road 3A Kona GDP) inter-seetion with Uiv nefsity Drive] the former Kamanu Street and now proposed extension of the Ane Keohokdlole Highway (Road 3A on both Figure 4-3, Kona CDP MV and Exhibit A-5, Applicant's Master Plan) shall be completed [simultaneous to the opening of the fifst building e04 st-ml to on the State land fef the University of Ha-wai'i or- befefe july 31, 2012, A4 ehever- oeetifs first.] as part o Palamanui's Phase III improvements and prior to the issuance of a certificate of ocg"ancy fly building within Phase 111. The remaining section of this roadway from the [Kamanu Street(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. Condition V I 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'ahurnanu 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 [apening of the first building eonstpaeted on the State!a-ad for-the -4- T Tniyers t ,of 1T.t.,.,;'; -be f fe ., Ce fti .nto �,�'tl(...,,,..,« _ v au vva.�a�y vi a.au fe issued o„-+;o „ the subjeet,. pe ft f tl, t a.»uvu ave u" „ f 1 'of any single family residential 3 i homes, ] 3 issuance of a certificate of occupancy for any building within Phase III. Condition V2: i V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County 3 General Plan and the Kona Community Development Plan (CDP) Official i Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective 3 September 25, 2008: 2. Kamanu Street(Road 3A - Kona CDP) from University Drive (Road 2) to Kaiminani Drive: The applicant shall construct the mauka half-section of a 120-foot wide right-of-way to County[-]dedicable standards as a two-lane road. The applicant shall construct the intersection at Ka`iminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on Ka`iminani Drive. The intersections at the northern and southern end of this road shall have illumination. This road shall also be provided with a utility trench suitable for installation of future street lights by the Department of Public Works or the State Department of Transportation when such illumination is determined to be necessary. The construction of this roadway shall be completed simultaneous to the opening of the first building on the State land for the University of Hawaii or before July 31, 2012, whichever occurs first. Further, traffic signals shall be installed at the intersection of Ka`iminani Drive and Ane -10- 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 occup cy permit for more than thirty thousand(30,000) square feet of commercial area and more than sixty(60) hotel units, or whenever the Department of Public Works reasonably determines it is warranted. Condition V3: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 3. Ane Keohokalole Highway(Road [6A] 3A- Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5): The portion of Ane Keohokalole Highway [(6)] (Road 3A- Kona CDP Map and Road 3A of Applicant's Master Plan, Exhibit A-5) within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road, within this 120-foot right-of-way to County-dedicable standards. [T 4s read- (Read 1 Ko„-.., CDP) e ting Highway 190 with University . Drive and the Queen rr..'.,t,,,,,,,,n 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 mon request. [when the r,,, my a,,uifes it to eenne + with Read 1 (rr,,,-,., CDPY] Ane Keohokalole Highway [(6-A)], which is dead-ended for future connections, shall have preliminary -11- engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent properties. Condition V4: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: 4. New Connector Road (Road 1 - Kona CDP, Road 3A of Applicant's Master Plan, Exhibit A-5): The right-of-way width of Road 1 (Road 3A of Applicant's Master Plan, Exhibit A-5) within the State lands shall be 120 feet. The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of-way width of 88 feet. [A-pplieai# shall eenstizuet Read 1, at its sole expense as a two 1 The final design an „, ,--de of Read 1 shall b-e deten�nined by the Direet` -ofP b,lie Works .,fto- n „lt,t; ,,, wit-, rfk for-the dorm., of Read 1 inebading w.,.-1.;,,.Y with the County of Hawaii to s e the r—,& of„az, for-Read 1 ., s State (.f Hawai'i lands and providing inform----sal-Y for- e County of Tom.,,,,.,;'; to „ ange the right of way over- ,.,tel„Owned 1.,,,,1� Appheant shall not be required to install utilities or-streetli&s-, exeept that st-reeflights shall be insta4led by the appheant at ..4--t.—with Highway 190. The County shall lurll obteain the Completion of Read I will be seeufed by bond or-other-seeufity -12- ®nts will be nletn,l b5,the deadline s eified ;n this I111tJ1V YrV111V114J YY ldl lIV eond do The bond „thee s ,-,ty shall be n id-e n f to the VV1dU141V11. 111V VV1tU VL V411 single family IfE)tS. 4mfle applieant shall complete Read I no later- than six(6) years after-the entire fight of wa�,is aequir-ed. The time extension pry v i�ivns.ofCondition 1JT? shat also nl„to Roo 1.] vn4 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-I is bonded or completed either by the applicant or some other entity or if an alternative public road connection between the project area to Mamalahoa Highway becomes available. Delete Condition V6: 77,,.,.x,; ie sa F7'�t ,,�; nts neee ,to make ., of�transition to Ci fiivefs".1 Dfive i,_2)1PTi�ie vn 1 rl but n � hitt Co `� \`�� � 'II' 1"ZT1"C , Fumble strips a?�� establishing ,mor elevation for-the r'_�'_nwe, a-• -equir-ed by the rnepaftment of Publie Wofks M-akalei Drive is `T4 "minor-r-oa` " and-`vT will not be open to the I tstreet until Read openedue. uo a 4uvugd 1 � bl; ].l 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 Dona Community Development Plan(CDP) Official Concurrency Map, Figure 4-3, adopted as Ordinance No. 08 131 effective September 25, 2008: -13- 7. Road 6A-Kona CDP, Road 6A of Applicant's Master Plan, s 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. 4. Reasons for the Request: The applicant has been consistently meeting with the I Planning Department through its Kona CDP Design Center and has spent considerable 3 time and money to create an updated Master Plan or"Regulating Plan", which in 2019 was determined by the Design Center to be consistent with the Kona CDP. During this 3 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 i 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 3 Palamanui project with the planned University Village; and (3)update the Palamanui 3 project to current market demand and conditions, including traffic conditions. Specifically, Palamanui is requesting that completion of roadway improvements is i triggered with the actual traffic impact or need generated by the development, as supported by the 2017 Traffic Assessment. 3 Despite the extremely difficult economic times since 2008, Palamanui has honored its commitments and spent substantial funds to make its project and the UH-Vest Hawaii campus a reality. These proposed amendments will allow that investment and work to continue, so that Hawaii Island residents can someday soon enjoy a project that will provide unique educational, housing, and shopping benefits on the Kona coast. 5. Supportive Information: The landowner and applicant, Palamanui Global Holdings, LLC, has submitted the following information in support of their request: • Planning Department(P.D.) Exhibit l: July 17, 2020 letter from Sidney Fuke -14- containing application to amend Ordinance No. 09 132. • P.D. Exhibit 2: September 29, 2020 letter from Sidney Fuke supplementing and clarifying requested amendments. • P.D. Exhibit 3: 2020 Annual Progress Report dated April 17, 2020. • P.D. Exhibit 4: November 11, 2020 letter from Applicant requesting deletion of Condition V6. BACKGROUND INFORMATION 6. May 12, 1993: Effective date of Ordinance No. 93 45 which reclassified approximately 727.8 acres from the Unplanned (U) to the Agricultural (A-3a) district. The ordinance amended the district classification of a portion of the Palamanui property as well as the Mdkdlei Estates Subdivision. 7. November 21, 2002: The University of Hawaii, which owns approximately 500 acres south of the subject property, entered into an MOU (amended April 16, 2004) with the applicant to discuss joint development opportunities, with the applicant providing critical infrastructure for the University's development. The University selected the adjacent parcel as a suitable site for a permanent UH campus in West Hawaii. The MOU addresses the concept of a University Village. Under the agreement, the applicant will develop a residential/commercial community on its property, with a village town center on both the Palamanui project area and the University's property. 8. October 23, 2004: Notice of the Final Environmental Impact Statement (EIS) was provided in the October 23, 2004 OEQC bulletin. The Palamanui Project initially involved the development of lands in the State Land Use Conservation District. As such, an Environmental Impact Statement was required pursuant to Chapter 343, Hawaii Revised Statutes (HRS). 9. June 13, 2005: The State Land Use Commission approves Docket No. A03-744 for the redesignation of the Palamanui property from the Conservation and Agricultural districts to the Urban district. Condition 5a and 5b of this LUC Decision& Order requires that Palamanui construct at its sole cost and expense, a mid-level road between the subject property and Ka'iminani Drive and a mauka-makai connector road between Queen -15- I s I i Ka`ahumanu Highway and Mamalahoa Highway. Palamanui completed construction of Road 3A to satisfy Condition 5a, and Condition 5b will be fulfilled when Road 1 is constructed. i I 10. July 17,2006: Effective date of Ordinance No. 06 105, which reclassified approximately i 725.224 acres from the Agricultural (A-3a) and Open district to Project District for the I Palamanui Development. 11. September 2008: Kona Community Development Plan(KCDP) is adopted by the County Council for the purpose of expressing Kona residents' vision for guiding regional development. The CDP identifies the "University Village"Transit-Oriented Development (TOD) Regional Center on the Palamanui property. According to the CDP, the goal is to use the university use the university as a catalyst for complementary commercial opportunities surrounding the campus and to attract students, faculty, and staff to live on or near campus. The university would hopefully be a center for cultural and performing arts, life-long learning, innovation, and workforce development that would benefit the broader community. (P.D. Exhibit 5- Kona CDP Figure 4-2a "Official Transportation Network Map- Proposed Roads and Transit", Kona CDP Figure 4-3 "Official Concurrency Map") 12. February 2, 2009: Tentative subdivision approval granted by the Planning Director for Palamanui Subdivision (SUB 07-000695). To date, this subdivision has not yet received final approval. 13. November 4, 2009: Effective date of Ordinance No. 09 132, which amended various conditions of Ordinance No. 06 105. (P.D. Exhibit 6- Ordinance No. 09 132) 14. June 7, 2012: Planning Director issues an administrative time extension for the applicant to complete University Drive from Queen Ka`ahumanu Hwy to Mdkalei Drive and Kamanu Street (Main Street) from University Drive to Ka`iminani Drive to March 31, 2015, and the Queen Ka`ahumanu Hwy/University Drive intersection to March 31, 2017. (P.D. Exhibit 7- Planning Department Letter to Palamanui dated June 7, 2012) 15. July 26, 2013: Palamanui submits application to amend conditions of Ordinance No. 09 132. This application and other amendment applications were returned to Palamanui over -16- the last seven years as they have worked closely with the Kona CDP Design Center to revise their Master Plan"Regulating Plan", which until the CDP was amended in 2019, required that the Kona CDP Design Center approve the Master Plan. 16. July 30, 2015: Makalei Drive between the Palamanui property and Highway 190 (Mamalahoa Highway) is deeded from Hiluhilu Development LLC to the Makalei Estates Community Association. The original zoning ordinance (Ord. No. 83 850) for Makalei Estates and the Palamanui lands required Makalei Drive be built within an 80-foot wide right-of-way and extended to Queen Ka`ahumanu Hwy when the makai lands (Palamanui lands) were developed. In 2006, when a Project District was created for the Palamanui development, the County Council deleted this condition(Ord. No. 06 106) because Makalei Drive had already been constructed as a 50-foot wide right-of-way and Palamanui's Ordinance No. 06 105 required them to construct Road 1 as a mauka-makai collector roadway between Queen Ka`ahumanu Highway and Highway 190. AGENCIES' COMMENTS 17. Department of Public Works- Engineering Division: P.D. Exhibit 8 - September 22, 2020 memo and P.D. Exhibit 9-November 10, 2020 memo. 18. State Department of Transportation: P.D. Exhibit 10 - September 9, 2020 letter. 19. Department of Parks and Recreation: P.D. Exhibit 11 -April 30, 2019 memo. 20. Department of Water Supply: P.D. Exhibit 12 - September 21, 2020 memo. 21. State Department of Health: P.D. Exhibit 13 - September 25, 2020 memo. AGENCIES -NO COMMENTS OR CONCERNS 22. Police Department, Department of Environmental Management, State Department of Land and Natural Resources. AGENCIES -NO RESPONSE 23. Department of Public Works- Traffic Division, Fire Department, State Land Use Commission, Makalei Community Association. PUBLIC COMMENTS 24. P.D. Exhibit 14: Email from Stephen Raymond dated September 28, 2020. 25. P.D. Exhibit 15: Email from Aaron Stene dated October 2, 2020. -17- 26. P.D. Exhibit 16: Letter from Kona- ohala Chamber of Commerce dated October 14, 2020. 27. P.D. Exhibit 17: Letter from University of awai`i, Hawaii Community College dated October 13, 2020. 28. P.D. Exhibit 18: Letter from John M. Knox, Ph.D. dated October 15, 2020. -18- 106 Pauahi Street,Sete 212-Hilo,Hawes i 96720 +Planning-Variance-Zon'r' Telephone:(808)969-1522 Cell:(808)689-0640 *Subdivision=«Land Use Permits E-mail;sidfuke@hawailantel.nef +Env?rvimental Reports Jule 17,2020 ING DEP JPUL ° R ` Iulr. Michael Yee, Director REQ " B ru, �t Planning Department COUNTY OF HAS AI'l 101 Pauahi Street CON PLORM40 DEPT Hilo,Hawaii 96720 AUG 3� r Ar 9 AT I`N: Mr.Maija Jackson Dear Mr. Yee: TSE» Amendment to Project District Ordinance No.09-132 a-ad Time Extension of Ordinance No.09-1-31 ( X- ) Applicant: Palamanui Global Holdings,LL Ka'u,North Cana Ha ai'i Tl x: (3)1-2-005: 00 ortio Pursuant to entail communications between Ms. Maija Jackson of your staff and this office,there appeared to be a need to make some editorial and technical changes in the report itself This was compounded by the fact that the original report was dated May 2020 and the copies were dated October 2018. In that regard,please find attached the original and.20 copies of the revised report. For your information and using the May 2020 as a reference,the changes were as follows: a. Page 3 —made the editorial correction of Phase VI to IV b. ;Page 7—articulated the phases of the park improvements,consistent with the ,representations made to the Depar-trnent of Parks and Recreation. c, Page 8 added the justification for modifying item.2—signalization of the Q H�Univcrsity Drive intersection d. Page 9—added justification for modification to the Road I condition e. Page 10—added that the spine road up to l ai-aiei Drive would be dedicated to the County(Condition V0). f. Page 10—added the underscore for crew language to Condition V(I)c.3 g. Page I I —added the underscore for new language to Condition V(4)relating to Road 1. We apologize for this oversight and appreciate your staff's diligent review of the documents, We trust that with these changes,the application can now officially be accepted and positioned for an audience before the Leeward Planning Commission in October. NF Planning pts JUL Exhibit7 . Mr. Michael Yee,Director July 17, 2020 I Page2 Should you have any questions on this matter,please feel free to contact Mr. Roger Harris or this pace. Thank you very much! I I i SIDNEY M. FUKE Planning ons€ tant 3 i Enclosure- Copy nclosCo y—Mr. Steve Golan w/enclosure via email I Mr. Roger Harris w/enclosure via.email I I e� I 1 1 iI t I t ISN , DISTRICT COUNTY OF HAWAII � PLANNING DEPARTMENT (Type or legibly priat the requested information) APPLICANT: Palamanui Global holdings, LLC APPLICANT'S SIGNATURE; _..., DATE: 5120/20 ADDRESS: 737 Bishop Street Suite 2750 Honolulu,HI 96813 C OE�SSre-1.17+„3 w€I['��:4 R x}63. LIST APPLICANT'S INTEREST IF NOT OWER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Steven W. Colon,Paul Kay PHONE_(Bus.) 808-585-7900 (Res,) (Fax) LANDOWNER(S) Palamanui Global Holdings, LLC LAND OWNER SIGNATURE(S): DATE: 5120120 tMac Lie bF tetter} LANDOWNER(S)ER( )ADDRESS: 737 Bishop Street Suite-275GHonolulu,Hawaii 96813 REQUEST: Project District TO Project District,Amended (Existing z0111110) {t°roposed Zoning) TAS MAP KEY portion of(3)7-2-005:001 STREET ADDRESS OF PROPERTY: 72-3977(ween Kaahumanu Highway SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 695.28 AGENT: ADDRESS:— TELEPHONE:(Bus.) DDRESS:TELEPHONE:(Bus.) (Res.) (Fax.) Please indicate to \vhon7 original correspondence and copies should be sent, ORIGINAL: Paul Kay COPIES: 737 Bishop Street Suite 2750 Honolulu, Hawaii 36813 ` ...t � JUL '10: 3 4 8 6 ; n. . Background and County Environment Report (,attachment to Change of Zone,Project District,and Agricultural Project District Applications) Please use this form as a guide for required information to be included in your Change of Zone,Project District or!agricultural Project District-Background and County Environmental Report. A. SUBJECT EIEQUEST I.Details of Proposed UseMevelopmt. a. Project Description The"proposal development"is Palamanui University Village and mixed use community in North Kona; The site is 725 acres just rmnauka of Queen Kaahumanu Hwy.one mile north of i Kona Airport entry drive. TMK 7-2_45:01 b. Statement of objectives and reasons for the request: This is a request for amendment to an existing Approved Project District Drdinanee -which covers 595 acres of the Palamanui lands(Ord,No.09-132)• In summary,Palamanui is requesting amendments to Condition V ROADS,Condition S PARKS and Conditions L.M,X, and LL. L Design Standards,M-Variances,X Caul-de-sacs and non-dedicated roads;LL access to ROADS will be public. The reasons for these amendments is to reduce the costs of upfront infrastructure and enable this project to move forward as it will be more financially fusible if the amendments are j approved, C. Number of acres/square feet; 3 The Palamanui project is 7.25 Acres. d, Proposed units/lots/floor area of proposed building envelope:: The existing pr€ject district ordinance calls for a maximum of 1115 residential units(W &SF or Apts.). No increase is being requested. Also permitted is a 120 room hotel,a unix of commercial.industrial,public paries,a 74 arae forest preserve&other open spaces. 3 C. Timeframe and cast: Project Development will take approx.20 years and cost ever$200,000,000 i f Membership size/number of employees and clientele: Ultimate papulation at Palmanuui could remelt approximately 2,750 residents plus hundreds of employees and customers daily. 3 i g. Parking arrangement: I I Parking will be constructed per county code requirements with each phase of developement, i h. A Traffic Study.prepared.by Austin Tsutsumi&associates describes impacts, This study has been submitted to the County and:reviewed by several agencies. A copy is attached: i i. Other related information: The Palamanui'University Village"adjacent to the new Haw4 Community College Palamanui should provide. Needed services&uses compatible with the college(which was funded partially by this applicant)( pprox_x;22 million) 3 i j. Proposed on-site and off-site infrastructure: i Infrastructure:for the Palamanui project will be constructed by the developer and is de ribed below. Duch of the infx structure Neill be beneficial to the surrounding community. B. CONFORMANCE WrM S'TATEICOUNTY PLANS 2. Mate Laud Use designation: URBAN. 3.How the proposed use is not contrary to Chapter 205A,Coastal Zone Management (exist3 ag public:mess,scenic or open space resources,coastal view planes,and costal ecosystems): Palamanui is located rnauka of the SMA&:.Queen Kaahumanu Hwy. and approximately 1.7 Hailes mauka from the shoreline. It should not have negative meet on the SMA/coastal zone, (see Palamanui Final EIS.) i 4.Applicable goals/policies and objectives of the General Plan: Palamanui will support the mix of housing goals in the General Plan,,Also Higher Education,Open space&objectives of the Iona Community Development Ilan. 5. General Placa designation.(LUPAG Map): Urban Expansion i 6.Zoning: "Project District" 7.-Community Development Flan.: '3 "University Village Reg oral Center"and.Traditional Neighborhoods, 8, Special Management Area: Palamanui is not in the,SMA. C, PHYSICAL CHARCTERSISTICS AND M11ROR INEXI AL 1 G OF 11 ILE PROPERTY AND SUR AREA Physical Character�-,tics/TnNironmentaI Setting'. 9, Description of subject property,location,climate,topography,slope,soils(including size,shape,existing strncturesj-. All this information is contained in the Final Env ironmcmal Impact Statc-awnt for Palamanui, The EIS was accepted by ft State Land use Commission 2065. Generally this is gently sloping North Kona property;similar to the nearby Kona palisades(residential area)&the recently completed Palamanui College. 10. Lava Hazard Zone: Zon,6 4 11. Distance from coastline, Approx. U miles 12. Agricultural Lands of Importance in the State of Hawaii(ALISH)designation: Not important agricultural land. 13. U,S.D.A.Natural Resources Cousenation.Services Soil Service Report soil type, "See accepted EIS" 14. Land Study Bureau soil rating'. "D" 15. Flood Insurance Rate Map(FIM designation:(Contact Department of Public Works- Engineering Division) `X»Zone 16. Existing drainage ways or improvements: No drainage ways or improve mnets on this property. 17, Airlhoisr-INNver duality: .See accepted EIS- Historic Resources'. 18. Existing archaeological,cultural or historic sites on National Register or Hawaii Register.-(Contact Department of Land and Natural Resources) DL NR State Historic Properties Division has reviewed and approved the Final Archeological and cultural resources preservation plan for Palarnamui. All studies have been completed and presenrations areas marked off in the field. Palamanui has adopted an"Integrated Natural Cultural Resources Management Plan' for The entire project area. (INCRMP) "leis projects"Trails&important sites as well. Natural Resources. 19Existing floral/faunal resources(any native or exotic plants;any listed or candidate for endangered species)- There are floral and faunal resources at Palamanui in limited numbers(halal pe trees, TiThi Uhi trees)these are described&protected in the INCRMP. There is also a 74 acre tree reserve at Palamanui. Along with several Wiliwili trees,which are,also being protected. 20. Scenic or coastal resources., Protection of these is described in the INCRMP. Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area;the extent in which the proposed development will affect these rights;and feasible action to be taken to protect native Hawaiian rights if they exist. The Extensive Archeological and Cultural Resources Studies addressed these items. There was a Hawaiian Advisory Committee engaged.by Palamanui at that time. Some gathering of kala is protected even though at present there is very little kala at Palama- Nui. The INCPIqP addresses these issues if warranted in the fiiture. Public Access: 21 Existing public access to and along the shoreline or to mountain areas and knowledge of public ac ss being used: Palamanui is inland 1.7 miles from the shoreline. Nearby is the Kahakai State Park which provides very good public access to the shoreline. The site also does not abut mountain areas. There are several of Hawaiian trails within Palamanui which will be preserved and used for public access. Historic use of these trails is light. Recently the Palamanui College Students have been cleaning some of these trails. i 30. Sewage disposal: The applicant will construct a sewage disposal system in accordance with requirements of the State Dept.of Health to handle waste water from the project. The facility will produce R-1 water which-,xill be used for in igation. 1. Solid waste: The applicant has prepared a solid-%vaste manageanentldisposal plan for Palamanul and this plan has been approved by the County. 3 32. P€aliee&fire prate on. 7 Police and fire access to the site is and will be available:over roads within the site developed by the applicant. The already constructed waterline road within Palamanui(a good,one large road over the main water lines)connects to the l akai eruct of the Makalei Estates Subdivision road,Makalei Drive. This road is gated but available for use by the Fire Dept. and Police. The new Fire Station,just mauka of Mamalahoa Hwy.thus has a new way to access the college and the surrounding areas. i 3 32. Schools: a 3 Palamanui will be serviced by the State DOE Complex South at the K.calakehe Complex. Also,Palamanui has an agreement,whereby Palanianui will provide the DOE a support building at Palarnanui. 33. Parks: There are no public parks near the Palamanui property. The existing project district zoning ordinance calls for a 20 acre Regional Parts to be constructed by Palamanui and donated to the County prior to construction of 100 or more dwelling units. This zone i change request asks to defer that park construction until construction of more Haan 250 units and at Haat point dedicate 10 acres of improved park facilities and convey the j second 10 acres undeveloped;The County would improve the second phase with more fields and facilities when necessary. 3 idd a the residential pods of Palamanui more mini parks and public spaces will be provided in accordance with the Kona Community Develop at€Tari. I 34. Other utilities and services(telephonefelectricity): 3 Telcphone/cableleleetricity facilities have been ho ed at.Palamanui to service the New College. These utilities will be expanded as the Palamanui project proceeds. The I developer paid f6r the initial facilities and will also fund their expansion- E. Eli QNIl ENTAL ASSESSMENT AND ANALYSPS � i 3 3 3 3 i I i 35. Relationship between local short term uses of environinent and maintenance and enhancement of long tem productivity: As stated earlier,this area of North Kona has been earmarked for residential,commercial expansion and.University use on State and County Plans for years. An accepted Final EIS was done yews ago and fully describes the effects of the proposed project. 36. Mitigated measures proposed to avoid,minimize. rectify or reduce impact: Described in EIS 37. Alternatives to the proposed development: Described ift EIS 39. Irreversible and irretrievable commitments of naresources that would be involved if proposed action implemented: Also described in EIS F. AGENCIES=COMNENTS i 1 PALAMANUI PROJECT REPORT May 2020 (Revised) PROPOSED AMENDED PROJECT DISTRICT ORDINANCE 09-132 i This report is being submitted to support the proposed amendments to Project District Ordinance No. 09-132, ("PDO"). i I le GENERAL BACKGROUND i Palamanui Global Holdings, LLC ("Palamanui") is the owner and developer of the North Kona mixed-use residential and commercial project known as Palamanui, a 725- acre development located immediately adjacent to the new University of Hawaii-West Hawaii campus ("UHWH"), Approximately 695 acres of Palamanui is subject to Project District Ordinance No. 09-132. The remainder of the Palamanui project, approximately 30 acres, is subject to Ordinance No. 09-131. Both existing ordinances were effective November 4, 2009. One of the short-term objectives of the Palamanui project was to help kick start the development of the UHWH, with the goal of eventually creating a "University Village" that consisted of a university and a community, In that regard, Palamanui has already invested more than $22 million towards the construction of the UHWH and related infrastructure in a cooperative undertaking with the University of Hawaii, Palamanui's work and expenditures that have directly benefited and/or supported the UHWC include: 3 • Funding $4.4 million for the completion of a new road from lea`iminani Drive to the new University Drive, which is identified as Road 3A in the Kona Community Development Plan ("KCDP"); I • Funding $ .3 million towards the construction of the first phase of the UHWNHC, including a $700,000 contribution for an environmentally superior wastewater a treatment system on the campus site, • Resigning and constructing an $11.55 million water system to support not only the Palamanui project but future growth of the UHWH, and • Installing power and cable to the UHWH at a cost of$400,000. i 3 The UHWH opened its doors in 2014, but work is far from complete. Palamanui hopes to develop its planned "University Village" which will provide support to the UHWNHC, as well as to continue assisting with the direct development of the UHWHC. However, its financial ability to do either has been constrained by some conditions of the PDO. 3 Accordingly, over the past few years Palamanui has been working with the County Planning Department and other agencies in revising the master plan and other matters. An application to amend certain conditions of the PDO was then submitted on August 10, 2017. However, because the KCDP required, among other things, specific action be taken by the Design Center, and the need to provide clarity relative to the i I 3 Palamanui Project Report May 2020 project's development timetable, in a letter, dated September 15, 20171 the Planning Department deemed the application incomplete. Since then, Palamanui worked closely with the design: Center in addressing all of the deficiencies noted: in the September 15, 2017 letter. This effort culminated in a ,duly 12, 2018 meeting with the Design Center, which included representatives of the Department of Public Works, Mayor's Office, Planning Department, and Palamanui. Based on the meeting feedback and a follow up meeting on August 1, 2013 with the Design Center represented by the Planning Department, and further feedback contained in a letter from the Planning Department dated March 30, 2020, this report was prepared to discuss the updated master plan, its phasing; and proposed' amendments to tate PDO. These amendments, while maintaining the substantive essence of the obligations outlined in the PDO, would make the project financially more feasible to develop. They would also be reflective of the revised Palamanui Master Plan relative to the KCDP, I facilitate the development of the UHWH; align the construction of and contributions by the Palama.nui project with the planned University Village; and more accurately reflect current market demand and conditions, including traffic conditions. In sum, these amendments, which are described in detail below, would principally affect Condition S relating to parks and Condition V relating: to offsite roadway improvements. IL UPDATED PALAMANUI MASTER (REGULATING) FLAN As noted earlier, Palamanui has spent considerable time and money to revise its Master or"Regulating" Plan to further address the spirit and land use principles of the KCDP and proposed amendments to the PDO. It is Palarnanui's understanding that the revised Palamanui Master or"Regulating" Plan ("PMP"), which is made part of this report, is now deemed to be consistent with the KCDP and its Village Design Guidelines. Under the PMP, a copy of which is attached, Palamanui would have a project mix of 1,116 residential units (inclusive of the required affordable housing); 70-acre business park; 230 acres of open space, plus an additional 74-acre Dry Forest Preserve; a 30-acre "University Village Town Center"with much-needed retail shopping and commercial amenities to support the UHWH and surrounding businesses; and a 20- acre regional park. It should be noted that while considerable time, effort, and input— both governmental and public--were given, the PMP is conceptual and may be slightly modified to reflect conditions of approval of the current request and actual development conditions such as topography, drainage, archaeological, and so forth. Page 2 of 14 Palamanui Project Report May 2020 Ill. PHASING PLAN In accordance with the KCDP and directions outlined in the Planning Director's letter of September 15, 2017, the PMP should also include a development phasing plan for the project. In that regard, the attachment includes not only the PMP but its various development phases. Please note that this phasing plan is consistent with the attached Traffic Assessment ("TA'), dated August 10, 2017, and prepared by Austin, Tsutsumi and Associates, Inc. The TA is also consistent with Traffic Impact Assessment Reports (TZAR) prepared,for the Palamanui project by SSFM International in 2014 and 2016. A narrative summary of the phasing plan is as follows: L PHASE 1: Phase I will be immediately adjacent and proximate to the UHWH campus to help facilitate and support growth of the University. Phase I will provide entitlements to construct up to two hundred fifty (250) residential units, up to thirty thousand (30,000) square feet of commercial space, up to sixty (60) hotel rooms, ten (10) acres of a twenty (20) acre public park, a privately- owned and maintained wastewater treatment system, and appropriate landscaping. In terms of roadway infrastructure, Phase I would include the extension of Road 3A (herein referred to as Ane Keohokalole Highway) on both the Figure 4-3 of the KCDP and Exhibit A-5 of the PMP and appropriate internal street systems (see Exhibit A-2). Please note that based on the attached TA prepared by Austin, Tsutsumi & Associates, Inc. signalization at the Intersection of Kaiminani Drive and Ane Keohokalole is not warranted until after Five Hundred (500) residential units have been constructed. However, as requested by the Planning Department in its March 30, 2020 letter, Palamanui will agree to installation of this signalized intersection prior to the completion of Phase I upon the County's reasonable request to do so. The goal is to commence construction of Phase I within two (2)years of receipt of all necessary development permits and to have it completed within five (5) years of the commencement date. 111. PHASE 11, Phase If will include the extension of University Drive (Figure 4-3 of the KCDP and Exhibit A-5 of the PMP Road 2)from approximately one thousand (1000) feet mauka and one thousand five hundred (1500) feet makal of Ane Keohokalole Highway (see Exhibit A-9), and provide entitlements to allow construction of up to two hundred (200) residential units. University Drive will extend up to.the Makalei Subdivision. It will have a right-of-way of eighty- eight (88)feet up to Road 6A of the Kona CDP and PMP. Beyond that, the Page 3 of 14 Palamanui Project Report May 2020 right-of-way will be sixty (60) feet. Additionally, ten (10) acres of unimproved public park will be conveyed to the Country during development of this phase and prior to starting Phase III. The goal is to commence construction of Phase Il within two (2) years of receipt of all necessary development permits and to have it completed within five (5) years of the commencement date. iii, PHASE Ili. Phase III will provide entitlements to allow construction of the business park, up to fifty (50) more residential units (totaling 500 units), the remaining sixty (60) hotel roams (totaling 120 rooms), up to thirty thousand (30,000) square feet of commercial in the Palamanui Town Center, another wastewater treatment plant, and the appropriate landscaping. This phase would also include construction of a signalized intersection at the Queen Ka`ahumanu Highway, and extension of University Drive from the Highway to Ane Keohokalole Highway per the amended Condition V(1) below, and installation of a signalized intersection at Ka'iminani Drive and Arse Keohokalole per the Planning Departments letter of March 30, 2020 and the amended version of Condition V(2) below. Upon completion, public traffic will be able to drive from the Queen Ka'ahumanu Highway to the UHWH. Phase Ill would begin construction upon completion of Phase II, or possibly earlier depending on market conditions. The hope is to have this phase completed within five (5) years of commencement. iv. PHASE Ill (FINAL) Phase IV would provide entitlements to allow construction of up to six hundred sixteen (616) residential units immediately makai of the Makalei Estates Subdivision, and allow additional commercial and light industrial space. Phase IV would include the extension of University Drive to service this remaining undeveloped area. The primary road improvements providing access to Phase IV (Queen Ka`ahumanu Highway, University Drive, Ane Keohokalole, Ka'iminani Drive,) would be complete forming a loop road system that included two operational traffic signals. Regarding Road I (Connector road), a proposed road that connects Palamanui to the Mamalahoa Highway, the ATA traffic study concluded this road is not necessary to mitigate traffic impacts generated by Palamanui. Notwithstanding that finding, Palamanui recognizes: that it made a commitment to complete road 1 and intends to comply with this commitment, Palamanui agrees to defer the submittal of any land subdivision or building permit applications for any residential development beyond: the aggregate of already approved nine hundred Page 4 of 14 i PaVananui Project Report May 2020 (000) single family or multiple-family residential units unless and until the construction cost of Road 1 its bonded or completed either by the applicant or some other entity or if an alternative public road connection between the project area to Mamalahoa Highway becomes available. ' At the request of the Department of Public Works, the extension of the Ane Keohokalole Highway (Road 3A) rather than Road 6A would now connect to Road 1. Road 6A would be a new and additional north/south connector road 3 within a 60-foot wide right-of-way, I I IV. OTHER VILLAGE DESIGN GUIDELINES 3 As outlined in the Planning Director's September 16, 2017 letter, the Village design Guidelines of the KCDP require the PMP to address land use, transportation systema village center, parks, infrastructure, and the life. At the risk of being repetitive, these guidelines are restated and addressed: herein. It should also be noted that some of the Village Design Guidelines for which the PMP is patterned after, do not meet the 3 standards of the prevailing Zoning and Subdivision Codes. As such, rather than identify and list all deviations in the amended PDO, they will be acknowledged and/or referenced as being consistent and pursuant to the Village Design Guidelines of the Kona. Community Development Plan. i 1. Mix of permitted uses and density The attached PMP (also known as the "Regulating Plan) identifies permitted uses and proposed density. ii. Transportation systems including street IaVouts and standards, transit routes and facilities,-„and bike and pedestrian pathway Likewise, the PMP reflects bike and pedestrian pathways, transit routes and j the like. In the Palamanui Town Center a transit/bus stop is shown close to the UHWH on the main street of the Palamanui Town Center. Over time: this is planned to become a transit station. iii. Village center, public facilities, and financing According to the Kona Community Development Plan Policy LU-2.6, public financing sources shall pay 100% for a transit station and a major park or plaza within the urban core of the Palamanui Village Center. Palamanui does not have confirmation of this financing at this time but will pursue this when appropriate. Other financing of the Village Center facilities will be private i equity or debt. 3 I 1 I i 1 i Page S of 14 i Palamanui Project Report May 2020 i iv, Infrastructure requirements, financing, timing 3 I On the matter of financing, the project intends to utilize conventional methods, which will include construction loans, equity financing, bond financing, and the like. There is a possibility that the Community Facilities, District approach (which is subject to County approval) may be utilized for some of the major infrastructure work. The developer will construct all other infrastructure improvements as represented in the Phasing portion of this report. i 3 vb Ne ghborhood ark and public space standards I The P1vIP shows how neighborhood park and public space standards will be met. Additionally, as required by the existing PDC , Palamanui is committed to providing a 20-acre community park, ten (10) of which would be improved by Palamanui in Phase 1. vi: Phasing Plan This has been addressed in the previous section. vii. Density Transfer Area 1 Palamanui is a 726-acre project consisting of up to 1,1'16 dwelling units and other uses. There is substantial open space reflected on the PMP from which some allowed density has been transferred to the development pads. This transfer enabled the creation of a master plan that is not overwhelmed by development or structures. viii, Planning Process I ncludi ng Extent of Consultation With Design Center I The Palamanui team has met with the Design Center over ten (10) times in recent years. Palamanui intends to continue meeting with the Design Center as the project is being developed to assure consistency and compliance with the KCDP. V. PROPOSED AMENDMENTS TO PROJECT DISTRICT ORD. NO. 09-132 I To fully reflect and implement the revised PMP as well as to mare the Palamanui ! Project financially more viable and, in turn, provide the needed economies of scale 3 and inertia to facilitate the development of the Ul-IWH campus, there is a need to modify certain conditions of the Project District Ordinance No. 09-13.2. These relate specifically to Conditions S (relating to Parks) and V (relating to traffic and roadway improvements). In that regard, Palamanui respectfully requests favorable I consideration of the following: 1 3 Page 6 of 14 I I I Pakanrianui Project Report May 2020 i. Condition S (Parks. Modifications to this condition are being proposed to make it more consistent with the principles outlined in the KCDP while providing for phased development. Suggested': language to accomplish these objectives could be as follows, with new items being underscored and bracketed items to be deleted: "The applicant shall[develop one 20Yacre park site prior to the issuance of the building permit for the 101st single-family or multi- family residence within the Project.] provide a minimum twenty 20acres of land for,a public park and nei hborhood open sace in accordance with the Kona Community Development Plan, ten (19J acres of which .shall be developed by the applicant prier to issuance of a 6 ualdingg Permit for the 251st single famil y or multifamily residence within the groLect. The remain in ten 1t? acres shall be dedicated to the County at no cost u on its request. A park master .Ian outlanrt the ark areas and t es of irn rovements shall be submittedto the department of parks and recreation for its review and a royal pdor to thea royal of an single-family residential subdivision application or Flan Approval for a mufti ple-family residential project { [The 20-acre active park site shall include: One Pony Plus League baseball-softball field including. A regulation backstop; A regulation dugout for each side of the field; Portable bleachers to seat a minimum of 50 persons in each bleacher- one bleacher for each of the sidelines; Appropriate fencing to protect the spectators; Appropriate fencing to protect the teams; Fencing the perimeter of the baseball field; ADA accessible pathways to reach the baseball-softball field from the parking areas; Placement of grass for appropriate areas of the held; and An irrigation system installed for the playing field. One Little League baseball-softball field including: A regulation backstop; A regulation dugout for each side of the field; Portable bleachers to seat a minimum of 50 persons in each bleach+er- one bleacher for each of the sidelines; Appropriate fencing to protect the spectators; Appropriate fencing to protect the teams; Fencing the perimeter of the baseball field, ADA accessible pathways to reach the baseball-softball field from the parking areas; Page 7 of 14 Palamanui Project Report May 2020 Placement of grass for appropriate areas of the field; and An irrigation system installed for the playing field. One regulation adult/high school soccer field that shall include: Portable bleachers to seat a minimum of 50 persons in each bleacher— one bleacher for each of the sidelines; ADA accessible pathways to reach the soccer field from the parking area; Placement of grass for appropriate areas of the field;and An irrigation system installed for the soccer fie/d. One standard size dog park. One comfort station, 3Ox6O feet, with fighting, water, and ADA compliant restroom facilities and ADA accessible pathways from the parking area, constructed to specifications and placed in locations to be determined by the department of parks and recreation; One paved parking lot with 56 full size parking stalls and 4 van- accessible ADA parking stalls for a total of 60 paved parking stalls connected by ADA accessible pathways to all activity areas of the park, hardened with fencing and a gate so that unauthorized vehicles cannot access the park after hours. The 20-acre park shall be constructed to county-dedicable standards with the specific requirements to be determined in consultation with the Department of Parks and Recreation and the county shag accept the dedicationj Phase.1 improvements for this 10 acre public park shall include one regulation adultUgh school soccer field, one baseball field with bleachers, one standard size do_q park, comfort station, ParkingJandscaping, and related improvements as outlined in the de p proved park master .prtment of parks and recreation-app LtDL Phase IMI 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 iii. Condition V(Road Improvements Over the past year, Palamanui consulted with its traffic engineer, Austin Tsutsurni Associates ("ATA")to establish when certain road infrastructure would be deemed necessary. A copy of this previously referenced report, dated August 10, 2017, is attached. The report concluded that traffic signals would not be required at the intersections of the Queen Ka'ahurnanu Highway and University Drive Page 8 of 14 Palarnanui Project Report May 2020 or Ka'iminani Street and Ane Keohokalole Highway until after the completion of a combined five hundred (500) residential units; thirty thousand (30,000) square feet of commercial space; and sixty (00) hotel rooms. Further, it concluded that notwithstanding the requirement, Load` 1 is not necessary to mitigate the traffic Impact generated by this project. Accordingly, we would like to propose the following modifications to Condition V for your consideration: 't. Si nalization of the Ka`iminani Street/Ane Keohokalole Highway.,Intersection This improvement would be completed upon the occurrence of all of the following, prior to the issuance of building permits for more than five hundred (500)single-family and/or multiple-family residential units; issuance of an occupancy permit for more than thirty thousand (30,000)square feet of gross leasable commercial area within the Town Center; issuance of an occupancy permit for more than sixty (00) hotel rooms within the Town Center, or at a time reasonably requested by DPW, whichever occurs first. To accommodate the need for market flexibility, adjustments to these three (3) land use components could be made, provided that there is no change to the overall cumulative traffic impact from which the initial land use breakdown was developed. in the event adjustments are requested, an updated traffic assessment would be submitted for review and approval of the Planning Director and Department of Public Works. Reasonfgustification for Modification Condition V I.a does not require traffic lights at the intersection of Ane Keohokalole and Ka'irninani Drive and instead required completion of University Drive to the Queen Ka'ahumanu Highway "simultaneous to the opening of the first building constructed on the State lana for the University of Hawaii or before July 31, 212, whichever occurs first." Completion of University Drive also necessitates completion of intersectional improvements at the Queen Ka'ahumanu Highway. These extensive improvements cause Palamanui to incur significant upfront cost, particularly when such a connection is not warranted from a traffic impact standpoint. As such, the requested modification is designed to integrate completion of all required roadway infrastructure (University Drive, Queen Ka'ahumanu Highway, and Ane Keohokalole Highway)with Page 9 of 14 Paiamahui Project Report May 2020 the actual traffic impact and/or need generated by development of the project. The current PDO language does not coordinate timing on development of traffic improvements with the project's actual traffic impact. 2. Signalization of the Queen Ka'ahumanu Highway/University Drive Intersection This improvement would be completed prior to issuance of a certificate of occupancy for any building within Phase IIT and the completion of the developers obligations in Phase I and Phase ll. Reason/Justification for Modification As noted above, the intent is not to prematurely trigger costly off- site road improvements. In the event access is needed to service a subdivision or development from the Highway, said improvements would be made or alternatively, if triggered by a need to complete University Drive or road 2. 3. Extension of Universily Drive to the Queen Ka'ahumanu Highway This improvement would be completed prior to issuance of any certificate of occupancy or notice of completion within Phase III. Reason/Justification for Modification Again, time intent is to phase completion of these improvements to coincide with the traffic impact thresholds outlined in the ATA traffic study and completion of the developer obligations in Phase I and Prase If. 4. Completion of Road 3 Palamanui recognizes that it made a commitment to complete Road I and intends to comply with this commitment. Palarmanul agrees to defer the submittal of any land subdivision or building permit applications for any residential development beyond the aggregate of already approved nine hundred (900) single family or multiple-family residential units unless and until the construction cost of Road t is bonded or completed either by the applicant or some other entity or if an alternative public road connection between the project area to Mamalahoa Highway becomes available. Page 10 of 14 Palamanui Project Report May 2020 ReasonlJustification for Modification Briefly, the reasons justifying this modification are: • Compliance with the KCDP. Relative to Palamanui, the KCDP Concurrency Tables and Map identified roadways that must either be in place or built concurrently with the project. Road 'I is not listed as either being in place or requiring completion. • Appropriateness of Road_I to Palamanui. While any new road (such as Road 1)will; help regional and local traffic circulation, in this case the updated Traffic Impact Analysis Deport ("TIAR") prepared by ATA concluded that such a read was not needed to accommodate Palarmanui's projected transportation and traffic demands. This was due to existing and planned road improvements, as well as road- related improvements already required of Palamanui. questionable Authority,. Given that road 1 is not deemed warranted by the TIAL to address the traffic impacts associated with the Palamanui project and all the cast and obligations of a single landowner to construct a road --while having regional benefits -v it is maintained that the obligation may not necessarily be equitable and hence may not meet the "rational nexus" and "proportionality„ legal tests. * Cast Impact to Palamanui. The cost to construct a $20+ million road 1 prior to any impact or even revenue being generated by this project affects its ability to secure the required capital and long-term financing needed to develop the project as well as to assist the further development of the recentiv-opened UH-West Hawai`l campus. Suggested language to accomplish all of these objectives, with the appropriate time extensions, could be as follows, with the underscored being new items and bracketed items [] being deleted: Time Extension for Completion of,ween Ka'a.humanu Highway Intersection and University Drive (Road 2i Condition V(1) University Drive (Road 2_Kona CDP Map, Figure 4-3) within the property from the Queen Ka'a umanu Highway to Makalei Drive: Page 11 of 14 Pa€amanu€Project Report May 2020 "a. From the Queen Kaahumanu Highway intersection to the proposed Ane Keohokalole Highway(Road 6A- Kona CDP Map, Figure 4-3) and identified as Road 3A of Applicant's Master Plan, Exhibit A-0, University Drive (Road 2-Kona CDP Map, Figure 4-3) shall consist of an 88-foot wide right-of-way[private]pub lic road with two lames constructed to County dedicable standards up to Road 6A Kona CDP flap, Fi_qure 4-3 and Applicant's Master Plan Exhibit A-6) and a 60-foot wide right-of-wayrkght-of-way from Road 6A to the eastern edge of the ro`ect propertn This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka'ahumanu Highway to Ane Keohokalole Highway [approximately 800 feet mauka of Kamanu Street(Road 3A - Kona CDP) intersection with University Drive]shall be completed[simultaneous to the opening of the first building constructed on the State Land for the University of Hawaii or before July 31, 2012, whichever occurs first.]as 2art of Palamanui's Phase 111 improvements and prier to the issuance of a certificate of occul2ancy for any building, within Phase Ill. The remaining .section of this roadway from the Kamanu Street(Road 3A)l intersection to Makal+ei Drive shall be constructed as part of Palamanui's Phase IV have a 0-foot wide right-of=ww y and dedicated to the County upon completion. Condition V(I) University Drive (Road 2-Kona CDP Map, Figure 4-3) within the property from the Queen Ka'ahumanu Highway to Makalei Drive: "c.3) The intersection improvements with the Queen Ka'ahumanu Highway shall be completed prior to the[opening of the first building constructed on the ,Mate land for the University of Hawaii or before a Certificate of Occupancy is issued for any portion of the subject property or the completion of any single-family residential homes, whichever occurs first] issuance of a certificate of occu an Y for an y b uilding within Phase 111: i Si nalixation at the Intersection of Ka'iminani Drive and Arne Keohokalole Highway Condition V(2) Kamanu Street (Road 3A-Kona CDP) from University Drive (Road' 2) to 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 of[Kaiminani]Ka4minani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on[Kaiminani']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 illuminations is determined to be necessary. The construction of this roadway shall be Page 12 of 14 Palamanui Project Report May 2020 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 Highwav a)prior to the issuance of building permits for more than five hundred(500) single-famitV residential lots andlor multi pte-Tamil y residential units, and prior to the issuance of an occygancy permit for more than thirty thousand(30,000) square feet of commercial area and more than sh(t Y(60) hotel units; or whenever the bepartment of Public Works reasonably determines it is warranted. Condition V(3)Ane Keohokaloie Highway (Road 6f1- Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5) The portion of Ane Keohokafole Highway[6](Read 6A - Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5) within the property have a right- of-way width of 120 feet The applicant shaft construct a half-section, two-lane road, within this 120-toot right-of-way to County-dedicable standards. [This roadway shall be designed to function as a portion of a future road(Road 1 -- Kona -Kona CDP) connecting Highway 190 with University Drive and the Queen Ka'ahumanu Highway.] The applicant shall construct the intersection of University Drive and the Ane Keohokafole Highway meeting with the approval of the Department of Public Works. This roadway shall be dedicated to the County upon request[when the County requires it to connect with Road I (Kona CDP).] Ane Keohokafole Highway[(6A)] which is dead-ended for future connection, 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. Connector Road (Road 1) Condition V(4) New Connector Road (Road I - Kona CDP, Road 6A of Applicant's Master Plan, Exhibit A-5 14. The fight-of-way of Road I Road 6A of Applicants Master Plan, Exhibit 4:51 within the State lands shall be 120 feet The section of Road I from the State property to Highway 190 within the private properties shall have a fight-of-way width of 88 feet. The applicant shall[Applicant shag construct Road 1, at its sole expense as a two-lane County-dedicable collector road, including shoulders and swales. The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. The applicant shall continue preparatory work for the design of Road 1, including working within the County of Hawaii to secure the right-of-way for Road 1 across of State of Hawaii lands and providing information necessary for the County of Hawaii to arrange the right-of-way over privately owned land. Applicant shall not be required to install utilities or streetfights, except that streetlights shall be installed by the applicant at the intersection with Highway 190. The County shall Page 13 of 14 Paiamanui Project Report May 2020 obtain the necessary right-of=-way outside of applicant's property. Completion of Road I gill be secured by bond or other security meeting with the approval of the Planning Director to guarantee that improvements will be completed by the deadline specifled in this condition. The bond or surety shall be provided prior to the granting of final subdivision approval on the property containing single-family lets. The applicant shall complete Road I no later than six (6) years after the entire right-of-way is acquired j defer the submittal of any land subdivision or building errait a 2 lications for an Z residential development beyond the a re ate of already ap proved nine hundred 900single family or multiple-family residential units unless and until the construction cost of Road f is bonded or cora leted either bZ the applicant or some other entity or if an alternative ; ublie road connection between the protect area to Mamalahoa Highway becomes available.. [The time extension provision of Condition RR shall also apply to Road Vl. Palamanui`s plans conform to the KCDP's Village Design Guidelines. As such, no variances will be requested. Sheet A-7 enclosed shows the Village Design: Guidelines, I I E i I i { Page 14 o€14 o rl O � r w 4 w 0 = F m " Q w ¢¢ Z j Q m V pp pNQ p�Q Q O ? 6 q 6 g 2 a ¢ z a ¢ m ► 1 '� woo W O rw, O Q ' ■ oS a,C R�� ■ X17 LLI w o O O ■ J L J a - �\// r- 1,10 IL I �� 0i cis to l i 'i�. �. 1 I- '6CEF 'uf 1Y / / tib ti r / j 1 ED oil IT low Lco i ■ d z 0 �c �t as m- � N Z a :.i y � z z z z z z y ��'' VSs p t= E 7E _J Cf) << $ x 0 r < z < Z wm'm M, << < << < <uouot=z z z z 12 LO o 7a < > J C¢". 3 0 ('-0'-0, < xx u u w z �L-j 0 Ju a !S flawk- z il vrftilst ------------- L, L) C) 0 0 u C)0 0< < <<< co -5 ?28 x x x .2 22L in Ji U < z ( — — "1l ,, *; , , E < ry co 4 R < 0 x0 u t= < z s 11 - 0 17 w w w U u U Q U tz L z I < z Z 0 �2 z z z x x x Z 0 L)P7 -x Tc WW I X, ¢¢¢ 0 11 0 < 12 z mzo it ol m o � O lir 1 Q m d � r '' �c,;,.=x-71• �r.'ti� �: i�__�—.�—_�. n m 1L LI ca ,40,; -DOM a sd zu -40Cc CL 1 Zo craeo I I J y i I y� y Z ii ✓�f i � m I 41 ®W.W I �I jL ^ Ir - a ok ,I SEE ig co _ I I g Iu i m 6 v 5 r W LO off. F- a In v to ��,, ------ ! � � Rd 6A �•. m t 1 � 0-0 4) '1 -a5,2 r- C =t �, oti aal N.,,•� 1 i ._._� —. V to �. DMWo ..-m _trJ c52, n+p = cc e w 71 v_ i c a Ga G aIT (J � m L3 Ri o> s ID cc C�C � «oa cVau dmE uio ;n [LU Z•a L In oCLLIAL] I rct - Ka Q w G oo� x ► � ¢Q =a W z a � 0 c 3 y I w� o �d �V y �o w N T F mX - �� yy Q IL - — <w�o 071 2 3m 3o�p¢ CV LU m 5w i w O m �Nw � j cn r O oti1 O ���om U OCL N E O r m cN WO W a1Y �O �/4 VW me m c� m �� > < RN �N O c i J14d tea) O O q N W O — E O �-oasROR� L � £'� �R c�EQ�a) cu O z oR N }' °o �� oEmoRo � U.oO QL oas 'a /^ 0... UOa10a)lC t6 O �R UC U) I_LI w 4 E 2 tm L LU O �. LL Cf) d Ro d m ur U d as d mw O U7 _ Q 14 as o c c� Lu 1f 1f c� R U U a s. as-o y E £-o � W - a s. as-o y as E-o C U E c-o o c O = m 1 E c-o E c LU —� - o`—°� To oN �p m �mm Via) oN v, ur o c E o CC ur o E a) m } Qom _? Qj LLI Qom Q? Qj O Oa3 oR OX L OaN OQ O� N z O 2 u Ua 2� Cd Q O O Lu C O � U ® � �j J H� ,'s , m to a o _ � apis�a�uaoumo� Q w m a o 0 0 o I �IIm Y U [Q O � d I x a F - d' Z N N o � �M I x < N O N N �. m Y _N V l A N � � �d H y a+ y d � O1 � (/1 t� 3 �C Uta � x of r U v . N --- wire wiufi d' - - — —� -- — — — — — _ _ w o - z a F P w _ £ Cc IE co LM CIS cts w 1 g O eo a W s C a a ok� a. 0 N i C_ N .�r^rrwrr--• - ���s ��-p$r.�� C� ym ° .cc 'sqg o ¢ L =oma � d Ci o N N y m o d us Q y v, ti w .S: bq O a. N 0 2 p ,III li - .W(7\ .\ ♦ �'.+ Z � a V 11) , y m z0T 1 I N . a (no N a) c. cn� m0 -0 I ^ m o U� � � r � a Ia. c EE - E �.�? ro i a) Ecoa.) n �� ca -00— EID o W Cl- �„ � co Lo m oo a) U c LO a) >,L-jOU � _ .� o Er a) I y4A o 3 a) a) Ec oo _ I ��. � N -6— � Of13= C)- _Tr as C'm * CQc-ocEca � � a) oo a � co a)U � 75c� o c a) 0 E2 cu x=tea) �a 0 ENcnmccsfl -`— — } g E U w E �` NISc'- O*LY N w O Q'B O Q) U C CUM 1% •�`.. -I I... co Co fn L -C WOCN c I -< \ I� o �- g � a) a) a) c a) co z c CO L a) (n Q)L i ,= Ecc c\iF c0E -ra 0an $ a I � _ Z I � I Ij ro g if I ,>( E a 0 - — � IICD i i m I' I c I RVU ,I i I ui I 1 Z r m cu cd o C-- O U -- c» O.0 cif O m -0 � �� � �N N OOCOVi Q- i � — C.— a) E (CS O U O_ .'� d i U S H 14 N o O C O LO O > O ` -- i CL _ \1 ZE a) I 3 N N E Q) .r0, .0 O= 1 CL Lm •J _ O — '3 ¢ COco C NCCZ its cc Cc �. C L a) d) cz O L'O C E-0 1 cm - (n N w Iz cu co a) axiom m o Q.� g' Fes- of E 4 cls-Q 0-a a II -1 UX p x _ I it _ • Ii 'I f I �I m 1 `I g � �y 5 0 71 ZT LO % �irlJ f 1 2 � .I' �l • `1I CO I `iu x r — ►I � f I 1, x Q)Cd — Rso t' cs= c'=;ncl °ync�°n � c E c E ._ z j -0o— Eo n0 � c�ia' ° ,� P E in co ( peri oocwpcv — — — C cn U) 0-0Q (D— O:s ;i i I�� � a E _ c E a ccs a E > ICcri cc CF C to cd C N L cu COC,5 fnCL C a m --- I C UJ."CN pQ) Co O�L� CE � a cc C p O'p a to U O >,!E U+- U L N Y Qco (Z N I, € (zN0 ON O F N,,— O N 7 N C U C U L._.__." - `\ o -.-'� a U (n � c � � d ID co m culNccn /�! I——"— C�'C M � .Cp (U I � i f' U) I Al a y CP Qy b � ► �is �•''s Y•, i � I \ II Q I I i I ; ' 3m a o , Pa cn { — � �coC (', y I cZIE co 6 CL a p n E -) o `o o LO >,O c — — — c N R5 RSA.., 7 S N E > E Y-Q \ -' ' •� ll '6s"�'-'mstp. a, c M r M a) 0.0 -0 U) c co ,ISI r Etc (\il- C6 a o ill, a i z l 1 sg 0 m � I � t I � I m Ka { Ojeen l W N USRA30S p•e a�l�{1L1v 5 H1Ji.LNV {tx".lq' -; .'+i'14*.w:x�da IGt, asn math w.l pai::sni a=a pa,t+=,sr�i an;c^;rd(LP at RaiNO a; 52= f'r rat ., a�lfl,r=i�n{«, ien„efnkag ' ",,All 11.42a l f,+3)}i. lot viNal rua p ow-1-S)N4ti9Nn3 JNIn1fn© Ad,F«, nulF5tm7M'Q =41� Se.Ur]?ly i •,i,C” .=j.rY{={�'7tt Q{ t RAt{RFd lydiduNd tg eiNBL¢b5;N411va?19LdNO�NN4n11n9 '9 'Farrolvinu mgu!wl ,.t I..:c!rrati ,q wkw. 4.N•ur= -.. IC9, NdalEkq t' ,°•,•, t,=P^=s1„✓<7 ,o,<rad (.,Pu:ral l'rr a14k;§'ME 7{'•J {—}duyS -. n%u�wexroaao alneLS cu,lttum7 C Xa,}3d palls:—'lp; sl v micaegidr lou U°N9Rlpd • ,,.aFar ta'U'+-xi l'v ..,e,.$;, aiae',r.drr kaa 'pla!tavptl'pamsy 4., Y tsua7 p}eA uotmuo5 1£aWL-I)gl!)ViN48d 31VAINd f rm naausv„;I,1 rv.,;eF,ad 1^„ : .. ,, ..,,n•.t,;:a F;n, - parivna;} r-rl:'.:U:rat Jv' plvdlvag 4'LJI.Rilly{i {%Yhx,b'r (R�IIailak$GU �tli'alliik)i:na RMAwplS $'a7'P.1}�`'� GNIiNtuthl p:eA�ip3 It Sinal axgi N4tLISNW)ON101lnn i u�l{r tF tc,U-llG .F at Fr.ut rr-dE"rvdn px' yaanle};opts Ir Jd FI`U t14!,xtx,+UUpi• Ll:tryaR iilui 1.'11(6'. FFM�.r.x:U 1,Cy, I;t»;;AdntOc+ MParyla6i\Ipld Ia:v d 1 •i;,t�:et rmi It za», 119$tlri.¢as14N1417nnor;-SN;}Vaut; '4 .,. ;�:.".” ataaw+da M1u moAttna a6ryu ua x:" 1axtdda iw ya8ypf5 Faeg(4'/1; v,,ruF4y ;r.'YU . a. h,rpopaag 4pvryls,IAWJA 11'GE Ifvtett .5:i 13 ti ,er,:,utA ,yvxe�4y trrc{auu Apr Lt - d gFa61U61. 4-n} to r tfc wlRrl vas!±1NWIMP'fVdW,IHd"SMD"A3& 0 .. „ t+F`AG tnu ,t4rft3p1. -... NOtiV4noDo101 '1 . A9.vvad AuaaBdrid -lntemf„u .: is,'ANI r4l rkr!d ua8�9 ._ F1x:ldUn,d s,• .,:t�ii 4^)i!G„eY,1 ap9 tamm0 fp tR a,.,t d9 tr.4;zuuaA %rrd tw»xa;xG GEIrU4'm] {tP,j aaal vau;a 7cfwe!fx6 Lml m an a `m",m==,mxwr ,r h==,uu Itl a!p'+1 v86F 630VdS 9IA!B "n P umrl I>atr ,ad i .art G 7mnw9 neuat?•ad along wtadirn p a:t y,:1u„r irU 1,>RUd ata,,:.,,-::± C•xll,ulU'xi wire"ai?dalg .1 urns i,.ilaut:ut lfltF ,.D l.tFuotl It"� i'allutA G^rnu.,•i ltwl aiR6alN e�t r,mt AnrrurxtC p P'u'JaVwI4U;,C kOV n=.nn tad yr r.,adl+a: r'+f u>11tau ROnes¢d pii!rnicrt tried 1vik,r„A p«udal•1" Ix nY t::., de{IV reap t nb al.nnx9 =t u {ay:Juxi U F'Lt%t js�U U YiI,U .r,.-i,i ,if 1 t!UkN r r 7Ia u:,tf ON }3'.1 wGZ r", t 11 -n:a' LS i'.tin.,sat i i ta; ,r.li:.;.nxi P';rusfil fna,,,w.sFrl (F4,.'aur.1 S� ' UX{.said lPn PJ,iUtad i>ali:iUN'd - AV�} ad_ i a:iry An _ R11 :rd ial MN - (L WgcL vaS}b3aVdN4fYtla(SMt. A. •.�.•• rH,I,f%rt: -Xw-,)ICS'-tom t.'.1�Cfi F, _.. .,: urr,nxa atr 1a1aio1rod 9>aiA ,r..,> u{b•-s:l "..,:� ,rat""..C,dei_.. suupbdAq toiryn 1U6{a do tBLtrorL;eSeaSIA11SN3411n1N3tlIS3a3SVn °n p ,t _ BtlN it;{;A5Lal t wlY411 ]>M + 3NQZ 3N4Z Id1U LMI k1{ d S'3NOZ d0 N41LVD411V v 3Sn n1%ip1 a3iN39 NYnan NVBanlva1N34 ' 3NOZ lvana 3li4T 1vIlnlvN { pa45u)5apP.rad #st `����$'�k'�-'.. � ,+ •.t r: to N 1 eaa euom 3 CIO 0 IN u rr � sF1'n hs,ud z,7 +•tui{L{}it fs E` t47{k_�q>!i s .t{'alum... -1ry !! �},y���#(k,//+^��((t� qy�7 ��yy y- yy 3 lad" kNvY wns U 319VL 'A 6uipeoadg ieoruo3 a to to papunoZI ■ ■ ■ ■ ■ ICAO k jeuwnloo i_�.. 'lilt) �..'711k-r�.0 � 1.l� UE?�t�l t}s;JlJr20 O 1{7l10JU'4.i.I 4.t.PId ) Sl �j 914JUI JNJINV Id 0E18fld 319vi. lt.a r}hti.ux qua @ulpPy.)rj r� Apo�a,l t-uim-wp Ii4_ o't Z'l z t Vt Ol El cl TI p`t Ol Vi UV. Ll t.l Etti+l21 w lueraeM Aq paunuaalap aq 01 �HHIO 3113:40 Wit 1313jft ItmijeM Aq paulujjalap aq al :)Ittl;} #t bs 0001/0'' g bs o0o't/#1'# 'll'bs 000't/o tr lIV13d DRAM ON19GO 1 `Ij"bn"0001/0'c 'U'bs 000't/o*� 3DI.i3Q 6umomp t du!Ila pl0`t 6ullla PtQ t JNi`}tll?l IVijN3C1153tt 1�u.1l3olsa f?uJlla ?10`t 6tnllwp/S t !IIap1Q'Z 7VliN30# 3! rsrxrr',tat,i eplsx tr[NtStrn� � 8{ll�V3 JN1Y21Vd t13211P14Y2j�96 ONDIM OUM038 sagisuap alglssijd aUl sloiluo� #e4i llpaa l ulle an as 3 afll aurwla;an ff#pole bt,l�lje�1 Paley ati#Rg pal.plw oq Am ti kp4jed[mlbk,at6'hlaslanua0 -alts ydea 101 WOW 6ul4ljed lerlp ayl saanptsjd'g6 algej,ul jolae3 6UNjed l?41849 dIeljdojdde aty tag paprnip unhlh Malaq eG 801 ua pa3s11 su043UN ori{Aue Jol 6u11jed paimbai atp,jo wns eql- SNC?11t7`inoi o JN1)fNVd 6 3�8b1 'Zt angel aos ._ $1 ptgel poi Zt atgel gill t � O:ueyl aunt ou fnpleos U taeyl slaw 0u lknlepf�ualxrat: truuas pea;xu s 0aa paoyxogy6rsu tai palruxrl rayltrll og Poaj r0'atoll pouyxogy6tau of pagu�l tag}rn;Rg ila4s drys u.n ayra€is ayl •dul;latAp yatu�olluauxarirA3ar asn a�auds ayl '[xur£a+atp yaea;a luuumrrnbal BUIYred OOS'talopun 6t.tlxlred 6ulY..rsd sty}of uo::Ippu ul aattfs Nal$kl!sola laej stxenhs rayl al uoll!ppq ul patds peletl Loup laaj pienbs lduraxa are l a;areibs 00S'l aat>un s0aeds 0001 fed spa 0 Gultlxgd poubgs r O'p10 lupuWnbaj 000'6 gad sage}d(ruiyJed part!tsto a'#}a luauaaarnbcx Ittla"ZI 'aaeds IMOH IVU 1a)vel oaenba 000't xad aaaeald 041 Aq Put°#golly xad aua uaxp 0 oto lou'suar10301 0414q0 a t p dq pVtnUq sl un 6ug10 tyt Op£yaoo ro;AaalS laxY ey1 1#uiY cd pau5rsstia 0 fda luauaaambat touuoa;e st iPirnp;a AraiS asxy at}t aE panuai E sasn ie uoyaaaE xawaa baa}0 aua m Pataigras a asn r asn pal all 104 altlgw s Relp 6urppnq eyl ;pets batt Intiou ?j 0 pslal3 sai elyep: �a uaat Bwppnq tyl ;!inlet!paltu Il to;uigelatxe ewe 6wppnq ayl :PHUal1 p4lalal5all IIvig)l 'p on, MV yaaa xa;lugluOunbax 6unpud 6urpainp Rats}a;luvujonnb*j 6tmpad 4W a}u0rpppe to nitis Dale leu;o tits;arenbs 000'1 ayl ul uoglppe in aaeds aaylolnu;o lapj atenbs 'aauds aagyo Ad sans d bulgxad vubMe 0'£10 luawetlntsaj otp 000 t lud saatld 6u{Yltd pav6lene 0 g ja luaumnnllot IOU l0laal axenbs 000°i rad spaeid 6uitlled pouBlsse Ag pus'6urppn4 Alas•03:,t 0yl x0lpue Buippng lediauud o4l Aq pug dutpltnn Alossoaovotp m ledlauud pyl 30lunertrxmeatutp Aq Pallupl$110111.90 ua ayl to AIG,g V D x4101114PUAl s!loq 4 sit W aan ;a Arolg lsnY ayl 0l paalalxlsat al la i yeas xa sen aalyo asn vaillo 10)o gtl?exit ease 6ulpltnq 041:001W uodo aaylu aa;elgopem evatr But 1"OR :aalilolrwlpJ04 aIgel ane seas 6 tOPtflg041, a:Ulj0 palalalsall 3013 O a shp uoUsund 1Eelo;of 6uipaoaae t#uiyxsd 'sAep up• paaxa leu let t Ates 0 Gua un ual puuaa leu litys Atls l0 416ttal usx ur a4l w e y} p ltino ea e s s asuvas dd Jul as e We a l to a !Hord s t Agin was f a0 O w o yl oto ui paptn001d aq Act pates paay poldnaaa jouuNw ut a I g{I y p j j P#a I1 P P P 3 p p tq unw 6ulopol ayl 6unlumpp 0yi tai watuerinbax re'"Y1 'sattzl lle le pppu ald 0q Acid aainlas 014la;It sumanbal Bur oast{ayl 01 u:q ppv ul`a yoanl 6u1Y;ed otp of uoglppe ul'any al do`mwpoq Pea yano o;0a01d 6ulyled paublsse al411 1ua 1poq yaea z0j aaeid bury ed pau6rsse 01 Ratp rpl aaeld BurYred pou6lasa O't 10 luawaxmbe e 0-140 wauraaiudoa pyt 10 pol u�l si BtnOpal aa;laY Raep ;o luotuann6s ayl Aq pairu l:1 OutBpol jo;10,Rasp uo aql Aq pal!"I sr ou6pol rot la l yava ua algal antr no algrprnr.sulaoap0gla s0getmu{4yl:614001 uadp 0lgopexe sum 'iPaq l4 xaquinu otll :6uliap0'I pouurt'l sa.tsralppq In rpquxru pili :6ulbpo l palaialipll t5tslt'J1703 "p nFre buaYfed acyl Gulpn�axa"I's Opp ppaa_ao lou ll0ye ai9•a l Dag}apruputls btnYltd parutla ayl of 6urpx0aat o x ua s re ut s ul ted oxut s e o bur ro0ap n Su sic sunaar da6ulxt ul ge4 a4d 'tkUP)aunaa 1g'l S# P l Y P 1 tp 1 P 1 P 111 4a E 4108 y0rfsotee eds paanpaa aq Aaw yalyta apex s r6uylus ,Na"a x01 paanpc aq tato IanNA ayes n'6uaf;0A*P 4aaa ra eul.xa i bur ti ArassOaa ua u uua ez saatld 6urYacd 01 In luatuannbaa ayl dq pa itul s1 to l staeals 6ui x0d r' a l Y 6 tp pl.fl kit yllta pu yaea ua s>3wi p Y ! 1 M tug lnbax ayl Aq pallu i sl l0Y 6urpprto ludlauUd t utypm aux of palaulsoa sl to l yaea ;o apgiteau vyl.l2Eluapi,ail uadOl Rasa ua sbu+Iiap;a pquslu 041 :leluaoplsall pallulil ua s6ulltP to ro unu a g y3 leiluaplsa}y palaulsay 1V11613+715 til e 'lup"'AA Ag 40104 A1!Pallluirad asn put r xllaua j ayraads gad 'Apsuslu Iltua: rung a1'sslttaxroa ale sruturaambux 6ulslltCj 90002 laasuar 'I suer oun_but en suzlra6a as olqulsr as L " i J P1.ti 1 .19 1 41 NOI I ONn:j Maws '8 319VI rWIA AP(,d I)L at.iil; tir'E> €;rSluca Sl h-'Wrlelp AUSTINT S tTSLN/ll & ASSOCIATES, INcC =ML GNGINEERS F SLJRVE4OR- ATA GC7NTINIUliM THE ENCIP-,IE.^cF"ING PRAC T=CE FCJl. NCEO C-Y H. A. H. AUS HNA IN i s34 -ERRR.dw:8 0AS`R0 P ADRIONN'=W LH V:`ONG,F E,.1-EJ AP 7EANNA M R HAYASi- 9Z FkL K.A-7i 7A r,E ER;XS`ANES-$R'0 - Md i Y K.NAKAtdG?G.F E August 10, 2017 Iter. Craig Luke R.M.Towill Corporation 2024 North King Street, Suite 200 Honolulu, Hawaii 06610 Gear Mr. Luke:. Subject: Traffic Assessment for Palamanui Project North Kora, Island of Hawaii, Hawaii This Traffic Assessment (TA) report documents the findings of a traffic study conducted by Austin, Tsutsumi, and Associates, Inc. (ATA). The Project includes a mix of residential. commercial, industrial, hotel, open space and educational related facilities. A Draft Traffic Impact Analysis Report(TIAR), dated September 2016, was completed for the Project by SSFM International (2016 TIAR). It is our understanding that the client is seeking guidance regarding roadway phasing and anticipated roadway improvements as a result of changes to the site plan and phasing for the first three (3) phases. The Palamanui Project is hereinafter referred to as the"Project". PROJECT OBJECTIVE & DESCRIPTION The objective of this Traffic Assessment (TA) is to build upon the 2014 TIAR and bring it up to date with the proposed Project phasing as well as establish the basic road infrastructure required to address the Project's traffic impacts. The Project three (3) initial phases will consist of up to 500 dwellings units, 60,000 square-feet (sq ft) of commercial land use, a hotel with capacity of 60 rooms„ and 70,000 sq ft of light industrial use as well as the construction of the signalized Queers Kaahumanu Highway/University Drive intersection and the extension of University Drive through the Project to connect with Main Street and the Town center area. Upon buildout, Palamanui Project is envisioned to consist of 1,116 dwelling units, 120 hotel rooms. and commercial and industrial uses. Parks and cattier amenities are also being proposed. Table 1 provides a comparison between the 2016 TIAR and the proposed new Project densities. Table 2 shows how the Project phasing and trip generation compared to the previews assumptions. Table 1 d Land Use Densities Comparison Land Use SSFM 2016 2017 Proposed Densities Densities Single Family (Dwelling units) 300 250 Condominium/Townhouse(Dwel[ing units) 300 � 250 Hotel (Rooms) 120 60 Shopping Center(1,000 sq.ft.) 210 60 General Light Industrial(1,000 sq, ft. 90 70 Total Trips generates!AM f PM 90512,086 4931729 Table 2-Project Trip Generation AM Peak Hour I PM Weak dour Land Use[ITE code] Denshy Total Enter Exit Total Enter Exit Single Family Detached Housing[210] 126 99 25 74 129 81 48 Units: DU Condomin1um[Townhouse[230[ c Units:DU 125 62 11 51 73 49 24 Shopping Center[820] r>x Units:1,0170 Sq.ft. 30 76 47 29 268 129 139 General Light Industrial [110] cs Units:1,000 Sq.ft, Hotel [310] 60 32 19 13 36 18 18 Units: Rooms Trus Reduction 4 (2) (2) (98) (4-0) (49) Phase 1 Total Trips Generated 265 100 165 408 226 180 Single Family Detached Housing [210] 175 133 33 100 174 110 64 Units:DU CondominiumfTownhouse[2301 81 14 67 96 � 64 32 Units:DU +75 Shopping Center[820] Units:1,000 Sq.ft. 30 76 47 29 268 129 139 General Light Industrial[I 10) 70 65 57 8 68 8 60 C, Units1,000 Sq.ft. Hotel [310] Units: Rooms 60 32 19 13 36 18 18 Trip Reduction 10 5 (5 114 (57) (57 Phase 2 Cummulative Tota!Trips Generated 377 1 165 212 528 272 256 Single Family Detached Housing[210] 250 186 46 139 240 151 89 Units: DU CondorniniumfTownhouse [230] c Units:DU210 108 18 � 90 128 86 42 Shopping Center[820[ Uni>5:1,000 sq.ft. 60 11a 71 44 426 204 222 z General Light Industrial [I 10) a. Units:1,000 Sq.ft, ro s f s ca o &o Hotel [310] 60 32 19 13 36 18 18 Units: Rooms Trip Reduction 12 6 5 169 84' 85 Phase 3 Cummulatfve Total Trigs Generated 493 205 288 729 363 346 ATAAL1 ,a.7.T3:.1?SU�t a.+rSSCv:nt'c3.:r�G Mr. Craig Luke August 10, 2017 R.M. Towill Corporation STUDY METHODOLOGY This assessment uses assumption and projections made in the 2016 TIAR, which include but are not limited to: • Growth rate and trip distribution • Background projects trip projections • Internal capture, rates — different internal capture rates were based on the National Cooperative highway Research program Report 684 Similar to the 20116 TiAR, this assessment will evaluate: Phase 1, 2 and 8 traffic operating conditions during the Alva and (PM) peak hours of traffic at the intersections studied in the 2016 TIAR. If necessary, recommendations for roadway improvements or other mitigation measures, as appropriate, to reduce or eliminate impacts resulting from traffic generated by the Project, ANALYSIS METHODOLOGY Level of Service (LOS) is a qualitative measure used to describe the conditions of traffic flow at intersections, with values ranging from free-flow conditions at LOS A to congested conditions at LOS p. The Highwa Capacity Manual (HCM), dated 2010, includes methods for calculating volume to capacity ratios, delays, and corresponding Levels of Service that were utilized in this study. Analyses for the study intersections (see below) were performed using the traffic analysis software 5ynchro, which is able to prepare reports based on the methodologies described in the HCM. These reports contain control delay results as based on intersection lane geometry, signal tinning, and hourly traffic volumes. Based on the vehicular delay at each intersection, a LOS is assigned to each approach and intersection movement as a qualitative measure of performance. These results, as confirmed or refined by field observations, constitute the technical analysis that form the basis of the recommendations provided in this report, tSi7"tCd,TSJTSUNti S ATA Mr. Craig Luke. August 1p, 2117 R.M. Towill Corporation PROPOSED PHASES The following describes three (3) proposed development phases along with their operational analysis.. Phase 1' This initial Phase is planned to start construction in 2019, lasting three years, ending in 2022. Ey the end of Phase 1 a total of 125 single-family and 125 condoltownhomes are planned to be developed as well as a 30,000 sq, ft. shopping center and a hotel with 60 rooms capacity. In addition: to the residential and commercial development, the construction of Dain Street Road (also referred to as Road 3A) is planned as part of this Phase; which will connect to Kaiminani Drive. This newly constructed roadway will serve as the only access to the Palamanui development during Phase 1. Analysis Assumptions The Queen Kaahumanu Highway Widening, Phase 2, Kealakehe Parkway to Keahole Airport Road, project is assumed to be completed in Phase 1. It will consist of the widening of the existing highway to four lanes as well as complete intersection improvements. it will also include a one-mile frontage road from OTEC Read to the makai leg of Kalminani Drive which will provide access to Queen Kaahumanu Highway; modifying the intersection to a four-leg approach. o The Queen Kaahumanu Highway/Kaiminani Drive intersection will be modified to include an eastbound approach with a left-tum, a through, and a right-turn. The other approaches will also be modified to provide a northbound left-turn, a southbound right turn movement and the westbound approach widened to include a shared through/left-turn movement. Trade Analysis All movements are forecast to operate at LOS D or better except for the following: • Queen Kaahumanu HlghwaylKaiminani QrIve intersection eastbound through is projected to experience LOS F and E in the AM and PM peaks, respectively. The eastbound left tura movement is projected to experience LOS E during both AM and PM peak hours of traffic. • Katminani _DrivelAne Keohoka#ate FfrghwaylMain Street intersection northbound and southbound left-turns are projected to experience LOS F in both the AM and PM peak hours. The southbound through movement is expected to operate at LOS E in the PM peak. i 3 .SUS rrd 'C"'a"e.!'1'ae:'At Z.ASSOC ATA 4V".i vtV fe.1RERa sw"xuv.'�y}$ Mr. Craig: Luke August 10, 2517 R.M. TcwW Corporation Potential Additional Qeveloomerit In addition to the proposed Phase 1 densities, approximately 125 single family and 125 multi- family dwellings could be added to Phase 1' before the Kairninarli Drive/Ane Keohokalole Drive/Main Street intersection is anticipated to warrant a traffic signal. Therefore, up to 500 residential units are anticipated to be accornraodated before a signal would be warranted. Figure I illustrates the Phase 1 lane configuration, volumes and LCIS for each study intersection. Table 3 summarizes each Phases' LOS at the study intersections, LOS worksheets are provided in Enclosure 1. j `I s The additlona€units number are based on the Phase 1 parameters.Therefore,the additional units that can be accommodated for other buildout year would not necessarily be the same due to background growth and other Project assumptions. 3 I 3 f ,.. I,S.,-d z r >a x ' qtr � r} a x� elf K") afa..ul?.Px Np�F c£r'.c.iC t..u;rEC_ (,y (212 KIT r r., ,T� 51xkIZE.,irr5SEC ts.Y_O.Rk.t:ter;w.-OS t` E :-zzc�OCi x o � 1 FM AUSTIN TSUTSUMt A.SSOC[ TES 'PSC. F=IGURE PROJECT _MCi4EEzS,Stin^EY3RE i ±•IQN�LI<LL,H4'r'1A3e PHASE 1 (2022) LANEAGE, VOLUMES AND LOS AT* Mr, Craig Luke August 10, 2017 R,M. Towill Corporation Phase 2 The second Phase is planned to be completed by year 2024. Phase 2 consists of an additional 50 single-family and 50 townhornes dwellings, as well as, 70,000 sq, ft. of light-industrial use. Cumulatively, by the end of Phase 2 a total of 175 single-family and 175 condo/townhomes, 70,000 sq, ft. of light-industrial development, 30,000 sq. ft, of, shopping center and a hotel with 60 rooms capacity would be completed,, Analysis Assumptions Although it is not anticipated to be warranted by Phase 2, it was stated in the 2014 and 2016 TIAR that the Palamanui Project committed to the signalization and construction of the future intersection of Queen Ka'ahumanu Highway and University Drive: therefore with the construction of the University Drive to access Queen Kaahumanu Highway, the signal was assumed as well. The proposed Queen Kaahumanu Highway/University Drive signalized intersection will art as the only access for the light-industrial development during Phase 2. Traffic Analysis All movements are forecast to operate similarly as Phase I with LOS D or better except at the following: • Queen, Kaahumanu HighwaylKaiminani Drive intersection eastbound left-turn and through lanes are projected to experience LOS E during the AM and PM peak hours. • Kaiminani DrivelAne Keohokalole HTqhway!&Iain Streef intersection northbound and southbound left-turn lanes are projected to experience LOS F and F overcapacity in the AM and PM peak hour. The southbound through lane is projected to experience LOS F in the PM peak hour. Although not anticipated to be warranted, a traffic signal would mitigate the long delays. Figure 2 illustrates the Phase 2 lane configuration, volumes and LOS for each study intersection.Table 3 summarizes each Phases' LOS at the study intersections. LOS worksheets are provided in Enclosure 1. 3 I oi j .1Y A -, 9, �lP- 1 /.�; Y � t f f 6ti , <t�g7y AQ 'F x � � co c F L"GBD f� c W t�3� } ur �. x4 a f� 4 " AUSTIN, TSUTSUNAE & ASSCCi,ATEs !NC. '{GURE ars�;;dv P ' CT rN rF:% EN" PHASE 2 (2024) LANEAGE,VOLUMES AND LOS I i a�s r 7su"'sut�ts s x a� ;c;ss.otic ATA E~a'ir. Craig Luke August 10, 2017 R.M. Towill Corporation Phase 3 Phase 3 is planned to be completed by year 2027, Phase 3 consists of 75 single-family, 75 condo/townhouse dwellings and 30,000 sq. ft. of shopping center. Cumulatively, by the end of Phase 3 a total of 250 single-family and 250 condoltownhomes are planned to be developed. Along with the residential development, the Project will include a 60,000 sqft. of shopping center, 70,000 sq. ft. of light-industrial use and a hotel with 65 rooms capacity. By Phase 3, two (2) accesses will be fully available for the Palamanul Project via the Queen Kaandmanu Highway/University Drive and the Kaiminani Drive/Ane Keohokaole Drive/Main Street intersections which should help alleviate some of the delays projected in Phase 2. Analysis Assumptions Phase 3 will extend University Drive to Main Street, allowing access to the Project via Queen Kaahumanu Highway as well as Main Street, Traffic Analysis Due to the trips distribution reflecting the use of both accesses to the project, all movements are forecast to operate at LCIS D or better except at the following; • Queen Kaahumanu HighwaZ1Kairri€para! thrive intersection eastbound left-turn during the AM peak hour. • Kaiminanl DrivelAne Keohokalole H40wayOklain Street intersection northbound and southbound left-turn lanes are projected to experience LOS F and F overcapacity during the AM and PM peak hour, Although not anticipated to be warranter, a traffic signal would mitigate the long delays. Figure 1 illustrates the Phase 3 lane configuration, volumes and LOS for each study intersection. Table 3 summarizes each phases'LCIS at the study intersections. LOS worksheets are provided in Enclosure 1. Note that although this TA considered Phases 1, 2 and 3 in sequence, Phases 1 and 2 could occur simultaneously as their access and improvements are independent from each ether. Furthermore, Phase 1 could increase its residential unit to a total of 500 before a signal is anticipated to be warranted at the Kaiminani DrivelAne Keohokalole Highway/Main Street intersection, 1 � 7 � Q f t 14 p 3 4J3� Y`��(e\ t,j FT,[ 21 In. 4w a �n l ^ yrs d AW;W)F"zsK 4a C" k,.?ft^ t�3t 65 ,dei 1e �a fel v�7( J L' tx(T% .t•Sc t2&.� us3w�t t,::"r3rErys t X14' AUSTIN TSUTSUMI & ASSOCIATES, INC, IG,URE PRO iECT `t v'vCF.c,E SU `f0�5 ► 'C.v al`JCi,H€,tsW� PHASE 3 (2027) LANEAGE, VOLUMES AND LOS i i i i j i I I I I 'I I j Table 3•Phase 1,2 and 3 Leve(of Sere€ee Surn rtM i p"..T-Y.,24.22 Fhau 2°Yeat 2524 Ph-3°Yav a`72'F A?h °Ai 4KJd frCadfit Ht`8k k^,.k! HCF.t ( NCtf Rx°a Y06 i LCIS 4'RaErz R�ria Cob .if.QE1aY C09 vic Raix :Ob eie�'i-a L4S 0�at I :V.^.vean+tsdruaattu Nwv L[Jn:wrtikv br C: 02t A 123 1 0.75 4 132 DSS a` NE{tY }vm L" 40.6 0.D i5 a1.: fl3F D 37,3 0.7F WS,P17 G9 0. A 6a 8. P. 2 90 C 34'.E ALA { v 83 DS6 69Tk +a C�47 a 3.9 .fd A i.5.. G.Bt A 66 C F' ;hv"n4' Sd .6 72 A .3 9 .t3y fi .j .•CFuum kaanurranu Hw«&X haf Afro No CT qa,. LAY 0 iSl ' :S4 D a{.� 687 J <S.5 tib TN 2 a1c A 19 ( 024 A 53 525 h 0 ,2R R 3 [ G28 24 C.°? # cH 4i 527 568 0 L- v 76 ❑ 54.'. Cb 0 :3.5 4r5 0 1^..B E CW b $33 OXI • C EZ R' i.1S ash :: t 0.:3 O aaA i..Bt D 43a 5J C 4..3 !� D.:e 0 rag o.5 f 0 ,i $A T.4 TP D:'S 4 6.2 t D3S A 22 e.2E A E.0 2a2 k 42 i 0.35 A 105 0 s B S$1€.T C{ 5 A S.B t .CS A E7 O8a 5 b.t C3 k 7.2 0C5A F GFa k_ 6rsYn. `19 3 u 124 3 3 ;2.5 i?.6 t ! 8 I 1.3 T ]:Qiwxrx xs.nueranu Nv i bid.lnanl r i dt;41 si.& - a a< i S>.4 L+a C <O.a C+7 0 u.5 w.t15 , C Sp.0 055 t 0 or I 052 ( 'd Na Na RT `1 a,i5 ? S t&E tl3t a t3A ) CM16 $ x1.8 O17 a 17.6 217 E 160 f D.44 S @6.T 64.] o.{$ 5 sae J,4r $IS [ D..{ S.d.? a5 i E 53.5 a<$ E A2' 0Q 0 €&9H 9c ay. : S'a ary 6Da % 010 578 e.2 E 346 90a C EB P.g IT d.84 C 9{8 027 0 .5<` 0 t C +G2 I t I 0 31.7 0.45 C 4'.3 e 0.70 0 $22 G sJi 626 230 f ! C 3^..8' 4^B f C :�9.8 824 C t8.` 4$ 6.M 6 It D34 6 '4 L.4 G 91 037 R %S CZB C $ E u91 C 55`N 3. I 4J. B E9 9.25 k 19E Cas $ .5 a.57 Jt S&3 9..55 C5a ! P. SS k" 1P.2 r 00p ...6 S4 a.'.9 h 11.3 CD .C._...9- .,.61 277 I A t]$ :.a6 B 5S d. '...'�,,,-. -T--�"__ °._._._ !. ., ?3d c zea _.._ r_-1 i c ..x�n:. n,near,ax»ano�raQinormtd�si hH$7 7512 8 ° tqV .%0 F 5Wi 12,9 F' tEFO C=am 4 .SY,T 9.33 F 61S al 0,."4` Y P VB 1dE9 ,a ; 00, C ?2.4 a-c7, i c .izt Cas j c 0 'V LT Tff coo A s5 Do, A 1.6 G a _ A &6 OG't I A 7,2 100 A 45C..1 A l- 66l i C9Y F ry.] d&' J# 883 € '1:58 t-2B F' Tf5,4 t26 C^ 3a3 I 1.i F• 53 tn' 383i 0.91 0 12A 2E 210 4 C - € -11 13 F U 5 d.0! Sm PT r 670 C 121 C,25 5 145 8.19 C 1'2 °Cnnn*tx ovee a..re conal:,x.vrt55.0 i 7 i E ` 3 Mr. Craig Luka August 10, 2017 F.M. Towill Corporation CONTINUED DEVELOPMENT After the completion of Phase 3 and the proposed roadway improvements, additional � development of the Project is anticipated to occur. As stated in the Project Description, the Project is entitled for 1,116 residential units, 12 hotel rooms and an undefined commerclal density. Based on the 2014 Final Palarnanui TIAR update findings from SSFM International, the proposed roadway improvements. m Signalization of the Kaiminani DrivelKeohiakalola Highway/Main Street intersection 0 Construction and signalization of University Drive at Queen Kaahumany Highway a Extension of University Drive from Queen,Kaahumanu to Main Street would adequately support the full development of the Project which assumed 1,116 residential units, 120 hotel rooms and 200k sf of commercial space. As necessary, University Drive will continue to be extended through the project. CONCLUSIONS Below is a summary of the findings: Assumed improvements by others: • Widening of Queen Kaahumanu Highway to four lanes between Keahole Airport and south of Kairninani'Drive. a Intersection improvements at Queen Kaahumanu Highway/Kaiminani Drive intersection Improvements assumed with the,Project. w Phase 1 —Construction of Iota€n Street through the Project o Signalization of Kairninani Drive/Ane Keohokalole Highway/Main is not anticipated until an total of 500 dwelling units are build based on the Phase 1 assumptions. • Phase 2 — Construction and signal zation of the intersection of Queen Kaahumanu Highway/University}give Phase 3—Construction of University Drive through the Project 11 Continued Development — extension of University Drive through the Project as { necessary. r I h�h I I i i I T tl.J5 i£,'SUtTUVI&-GSaOCtnT-S, ,,C 011L EIC'NEERS SU VEY.'74$ Mir, Cram Luke August 10, 20117 R.M1. Towl[l Corporation Although a signal is not anticipated to be warranted at the Kaiminani Drive/Ane KeohokaVe Highway/blain Street intersection, a signal would mitigate the anticipated long delays. Note that although Phases 1, 2 and 3 are in sequence, Phases I and 2 could occur simultaneously as their access and Improvements are independent from each other. VVe appreciate the opportunity to have prepared this Traffic Assessment Letter Report for the Project. Should you require clarification, please feel free to call me at 533-3646. Sincerely, AUSTIN, TSUTSUMI &ASSOCIATES, INC. By KAREN CI-IC}NGUE, P.E. Project Manager Enclosures: LOS Calculations yli-Qth77.Us5.�„^ti5"Sut n3ftdl776E763:lAesi+.�'JEk!iC.Patammul TA C&4¢77,d',— SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212 s Hilo,Hawai'i 96720 -Planning-Variance-Zoning Telephone:(808)969-1522 Cell:(808)98M640 -Subdivision-Land Use Permits E-mail:sidfuke@hawaiiantel.net =Environmental Reports September 29,2020 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, Hawaii 96720 ATTN: Ms. Maij a Jackson Dear Mr. Yee: RE: Clarification of Proposed University Drive Amendment Amendment to Project District Ordinance No,09-132 Palamanui Giobal Holdings,LLC Ka'u,North Kona,Hawaii,TMK: (3)7-2-005: 001 portion This is to follow up on my discussions with Ms. Maija Jackson of your staff regarding the subject matter as it relates to University Drive, referred to as Road 2 on both Figure 4-3 of the Kona Community Development Plan ("CDP")and Exhibit A-5 of the Applicant's Master Plan. Road 2 would function as the main spine road between the Queen Ka'ahumanti Highway to the project's eastern most boundary located makai of Makalei Drive. Specifically, while the concept of the amendments was expressed in the narrative, the proposed amendments contained in the submittal are no longer consistent with the narrative. This is due, in part,to the County Department of Public Works' preference in having Road I as reflected on Figure 4-3 of the Kona CDP align with Road 3A,the road deemed to be the functional extension of the Ane Keohokalole Highway,instead of Road 6A. As a result,the applicant's requested amendments had to be modified,as discussed below. To reiterate the applicant's request, University Drive or Road 2 would be a public road with varying rights-of-way and constructed in phases. Specifically, the right-of-way would consist of 88 feet between the intersection of the Queen Ka'ahumanu Highway to Road 6A as identified on both Figure 4-3 of the Kona CDP and Exhibit A-5 of the Applicant's Master Plan. The right-of-way between Road 6A to the project's eastern most boundary located makai of Makalei Drive would have 60-foot wide right-of-way. That portion between the Queen Ka'ahumanu Highway and Road 3A would be completed as part of Palamanui's Phase III improvements and prior to the issuance of a Planning Dept. 136428 Exhibit 2.- i Mr. Michael Yee,.Director 3 September 29,2020 Page 2 certificate of occupancy for any building within Phase III.The remaining section of Road 2 would be constructed in conjunction with Palamanui's Phase IV improvements. Additionally, Road 6A would be a new public road consisting of a 60-foot wide right-of- way ight-ofway that would extend to the project's northerly and southerly boundary to provide for road connectivity to adjoining properties. Pursuant to the foregoing understandings,the requested"Ramhseyered"and clean versions(only for Condition V-1 because of the numerous changes,whereas the others were more editorial in nature)of the requested amendments would be as follows: Condition V-1: I I I Proposed Language(Ramhseyered) i i 3 a. From the Queen Kaahumanu Highway intersection up to Read 6A of Kana CDP 3 Map, Figure 4-3 and Applicant's Master Plan,Exhibit A-5 {to the proposed Ane Keohokalole Highway(Road 6A—Kona CDP Map,Figure 4-30],University Drive [2] (Road 2 of Kona CDP Map,Figure 4-3 and Applicant's Master Plan Exhibit A-5) shall consist of an 88-foot wide right-of-way [private]pqblic 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 [approximately 800 feet mauka of Kamanu Street(Road 3A —Kona CDP) intersection with University Drive]the former Kamanu Street and now proposed extension of the Ane Keohokaloie Highway(Road 3A on both Fissure 4-3, Kent CDP and Exhibit A-5.Applicant's Master Plan}shall be completed [simultaneous to the opening of the first building constructed on the State Land for the University of Hawaii or before July 31,2012,whichever occurs first.] as part of Palamanui's Phase III improvements and VAor to the issuance of a certificate of occupancy_for any building thin Phase 11I. The remaining section of this roadway from the intersection of CKamanu Street] Road 3A to Makalei Drive shall be constructed as part of Palamanui's Phase IV and dedicated to the County upon 3 3 completion. 'i I i i s Mr.Michael Vee,Director September 29,2020 Page 3 Proposed Language(Cleau3 a. From the Queen Kaahumanu Highway intersection up to Road 6A of Kona CDP Map, Figure -3 and Applicant's Master Plan,Exhibit A-5,University Drive(Road 2 of Kona CDP Map,Figure 4-3 and Applicant's Master Plan, Exhibit A-5)shall consist of an 88-foot wide right-of-way public road with two lanes constructed to County dedicable standards and a 60-foot wide right-of-way from Road 6A to the eastern edge of the project property. This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka'ahumanu Highway to the former Kamanu Street and now proposed extension of the Ane Keohokalole Highway(Road 3A on both Figure 4-3,Kona CDP and Exhibit A-5, Applicant's Master Plan)shall be completed as part ofPalamanui's Phase III improvements and prior to the issuance of a certificate of occupancy for any building within Phase III.The remaining section of this roadway from the intersection of Road 3A to Makalei Drive shall be constructed as part of Palamanui's Phase IV and dedicated to the County upon completion. Conditions V3 and V4: V. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawaii County General Plan and the Kona Community Development Pian(CDP)Official Concurrency Map,Figure 4-3,adopted as Ordinance No.08 131 effective September 26,2008: 3. Ane Keohokalole Highway(Road [64] 3A-Kona CDP and Road 3A of Applicant's Master Plan, Exhibit A-5): The portion of Ane Keohokalole Highway [(6)] (Road 3A-Kona CDP Map and Road 3A of Applicant's Master Plan,Exhibit A-5)within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road,within this 120-foot right-of-way to County-dedicable standards. .] The applicant shall construct the intersection.of University Drive and the Ane Keohokalole Highway meeting with the approval of the Department of Public Works. This roadway shall be dedicated to the County Mr. Michael Yee,Director September 29,2020 Page 4 upon request. [ •] Ane Keohokalole Highway E ],which is dead-ended for future connections, shall have preliminary engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent properties. 4. New Connector Road(Road 1 -Kona CDP,.Road 3A of 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. [ > at its sole e"ense as neeessmy right ef way outside of > lotsz Michael Yee, Director September 29, 2020 Page 5 The time ex4ensi <4 C'eft"On RR apply te Read J The applicant shall defer the submittal of any land subdivision or building ngrmit applications for any residential develapment beyond the aggregate of already approved nine hundred{900}sinlg e-family or multiple-famiI residential units unless and until the construction cast of Road 1 is bonded or completed either by the applicant or some other enti or if an alternative public road connection between the project area to Mamalahoa Him Y becomes available. New Condition—V7 i Relative to Road 6A,the applicant is willing to construct a public road within a 60-foot wide right-of-way to the edge of the north and south property lines only in conjunction with any of the project's development requu-ing access from said road. Along those lines,the following represents a proposed condition for your consideration: i 7. Road 6A shall be a public road within a 60-foot wide rihit-of--way and constructed in conjunction with any of the,project's development requiring from said road. We trust that these suggested changes sufficiently address the suggestions of the Department of Public Works and in turn,the required modifications of the applicant's initially proposed conditions. If not or if there are further questions,please feel free to contact Mr. Roger Harris or myself. Thank you very much* Kh,cerely, SIDNEY M. FUKE Planning Consultant cc Mr. Steve Colon,Palamanui Global Holdings via email Mr. Roger Harris,Palamanui Global Holdings via email April 17, 2020 Mr. Michael Yee, Director Planning Department County of Hawaii 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 RE: ANNUAL REPORT-Ord.No 09-132(Project[district) Palamanui Global Holdings, LLC TMK:7-2-005:01 (portion) Dear Mr.Yee: Pursuant to Condition QQ of Ordinance No. 09-132 (Project District),the owner, Palamanui Global Holdings, LLC submits this Annual Report. A. The applicant,successors or assigns shall be responsible for complying with all of the stated conditions of approval. Applicant, its successors or assigns have and are continuing to comply with all stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No.A03-744) dated May 19,2005. Applicant has and is continuing to comply with this condition. C. The applicant shall comply with the conditions as set forth in the Water Agreement between K-W Ka'u, LLC and the Water Commission of the County of Hawai'i dated lune 15,1999. The 1999 water agreement has been amended three times over the past 14 years. The County Water Board recently approved the newest agreement on July 23, 2013. The parties are: Palamanui Global Holdings LLC and the Water Board of the County of Hawaii. Pursuant to the agreement,as amended,substantial progress has been made by Palamanui on planning and constructing the agreed-upon public water system which will bring water through the Palamanui project site, deliver water to the new University of Hawaii HCC Palamanui Campus, and connect to the County Department of Water Supply's existing water system which currently Plonning Exhibit , � Mr. Michael Yee, Director � April I7, 20ZO � Page 2of18 � terminates just rnaukanfthe Kona International Airport. |nmi6-2U14`this new water system was � completed and isnow inservice. This created amuch needed "loop"for the North Kona regional | water system;effectively connecting the well sources up mauka along Mamalahoa Hwy,with the � storage reservoirs and transmission lines now serving the Airport and uses along Queen � � KaahomanuHwy. Prior to commencing construction on the water system improvements described � above, Palamanui's engineers prepared and submitted detailed engineering/construction plans. � These have been reviewed and approved bythe Department ofWater Supply. Finally, during this period, Palamanui Global Holdings, LLC purchased an additional parcel of land forapotentie| newweUsitesouthofK8eLauyamaSto/eonLhemamkasideofMama|ahoaHighway. The DWS has approved this site for a future drinking water well should there be a need for Pa|amanuitobring onanadditional water source sometime inthe future. In summary,water improvements to serve the project and the new UH campus have been constructed. Pa|ammnuiG|oba| Holdings,LUC'stotal investment in the design and construction of these facilities was$11.S5 million. Pa|amanuiwill continue tocomply with the requirements of this condition. D. The project shall consist of a maximum of 695.282 acres for single-family and multi-family residential,commercial uses, hotel,university and public school facilities,dry forest preserve, archaeological and cave preserve areas,active and passive parks,a trail system and supporting infrastructure. Applicant will comply with the condition, E. The maximum number of residential units allowed shall be 1,116 units,including the on-site affordable housing units. Applicant will comply with this condition. F. The maximum number ofhotel rooms she8be120. Applicant will comply with this condition. G. Commercial spaces for medical,office,retail,classrooms and health related uses and hotel shall belimited to72.OQacres. Applicant will comply with this condition. I Mr, Michael Yee, Director April 17, 2020 i Page 3 of 18 H. Active and passive parks(Open,Park and Preservation) shall be developed on a minimum of 177.8 acres. A"Constraints Area"which includes the approximately 55-acre dry forest preserve, archaeological sites/cave and park areas,shall be set aside in the project area. Applicant will comply with this condition. 1. 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. Applicant will comply with this condition. I A detailed Master Plan of the Project District,which includes the location and number of residential lots and units, hotel,commercial uses, parking,golf course,open space and recreational areas and other related improvements on the property, shall be submitted to the Planning Director within two(2)years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or subdivision approval,whichever occurs first. This condition has been complied with. A detailed Master Plan of the Project District was submitted in 2006. This was approved by the Planning Director in his letter dated November 23, 2006. K. Substantial construction of the proposed development shall commence with five(5)years from the effective date of the Project District Ordinance. "Substantial construction"means the actual start of construction of project infrastructure under a bona fide contract of not less than ten million dollars($10,000,000.00). Prior to construction,the applicant,successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25(Zoning Code), Hawaii County Code. Plans shall identify proposed structures,fire protection measures, paved accesses and parking stall,and other improvements associated with the proposed uses. The Applicant has complied with this condition by grading in all the major project roadways in accordance with plans approved by the Department of Public Works, County of Hawaii. Additionally, grading work in the Town Center and future Trade Center areas has been done. Palamanui contributed$4.4 million to the University of Hawaii in 2012. This money was used by the UH to select a contractor and build Road 3A from Ka'iminani Drive to the new UH campus site on the State land just adjacent to the Palamanui University Town Center. (This road was known as the Kamanu Street Extension (aka Road 3A, completed on May 31, 2012), however it is now named Ane Keohokalole Parkway and will eventually be connected to Hina rani Drive). The Planning Director, in a letter dated.lune 7, 2012,stated: "We confirm timely compliance of this condition with the commencement of mass-grading activities for the Palamanui Town Center, Trade Center, Business Park and backbone infrastructure and the on-going construction of the I � Mr. Michael Yee, Director April 1l20O Page 4of18 Kamanu Street (Mid-Level Road),that combined have committed more than$10 million in constructioncosts.^ � � L The following design standards shall apply: � 1. Leudscapinghn 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 beapplied according to the actual uses. 2. The height limit for structures within the project area shall not exceed the following: m. Single-family residential development: 35 feet 6. Multiple-family residential and hotel developments: 45 feet c. Office and retail commercial development: 4S feet. 3. The minimum off-street parking and loading space requirements ofChapter 2S,Hawaii County Oz6e shall be complied with, including compliance with the American Disabilities Act(ADA) requirements. Applicant will comply with all requirements of this condition. M. The variances from Chapters 23(Su66ivision) and 25(Zoning), Haxvai'iCmunty Code, as presented in Planning Department Exhibit 2(/\pp|icant'sNovember 21,2005 letter with attached Tables pages I to 6 related to Variance Requested from Sections in Subdivision and Zoning Codes, and Applicant's Figure 2-Conceptual Character of Town Center/Residential Village Center, Figure 3a-* Residential Village Center Alternative: 4,000 SF Lot, Figure 3b - Residential Village Center Alternatives:6,000 SF Lot, Figure 4a -Conceptual Plan:Roadway Concepts'Dedicob|e, Figure 46 'Concepiva| Plan: Roadway Concepts —Nonded/cab|e, and Figure S - Residential Village Center Alternatives:Zone Lot Line Concepts) shall be allowed under the Project District. The applicant shall submit detailed plans tothe Planning Director showing street designs and cross-sections, and adjacent building designs, with the Master Plan. The Planning Director may require modifications to the street sections to provide sufficient on-street parking where the plans 6o not provide adequate off-street parking (such as the 4'080'square foot lots with a one-car garage and insufficient setbacks to allow parking in driveways), and may require further changes necessary for public safety and convenience. All roads built with the variances allowed under this condition will be non- dedicable. With regard tothe requested zero line building setbacks, the applicant shall conform to the correntHavvai'i County Building Code requirements. As part of the Master Plan, the applicant shall submit plans for pedestrian movement through the project district, which shall identify areas where sidewalks will be included to permit safe pedestrian access to the Town Center and other important points in the development. Applicant was granted a variance by the Planning Director covering many items including those listed inCondition MonSeptember 1O,2OO8. Mr. Michael Yee, Director April 17, 2020 Page 5 of 18 At this time,the Applicant does not intend to apply for further variances for Palamanui. Applicant intends to conform to the Kona Community Development Plan. N. The permitted hotel, designated as the "University Inn and Conference Center,"shall function as a business hotel and in conjunction with University operations. It shall not be operated under a time-share plan or other arrangement that provides for shared ownership of individual units on the basis of time intervals, or club membership allowing periodic use. i Applicant will comply with this condition. 0. Occupancy of the hotel shall not be granted until the construction of the Queen Ka'ahumanu Highway, Phase 11 widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the State entering into a construction contract for the improvements, or until improvements construction has commenced on the 20,000 square foot University building, or the building's completion has been assured by bond or other security acceptable to the Planning, Director,whichever comes first..(sic). Applicant will comply with this condition. P. To ensure that the commercial development corresponds with the applicant's representations regarding neighborhood-scale commercial development, no single retail establishment shall have more than 45,000 square feet of development area under roof. Applicant will comply with this condition. Q. Total retail space (not including restaurants)shall not exceed 75,000 square feet under roof until the construction of the Queen Ka'ahumanu Highway, Phase 1I widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the state entering into a construction contract for the improvements. The square footage of improvements leased or given to the University of Hawai'i shall not count against this limit. Applicant will comply with this condition. R. The applicant shall set aside a"Constraints Area"including the approximately 55-acre dry forest preserve, archaeological sites/cave and park areas on the project site. The Applicant is complying with this condition. The Constraints Area features have been inventoried, surveyed, mapped, and marked in the field for interim and permanent protection. Palamanui has adopted an "Integrated Natural Cultural Resource Management Plan"which guides preservation, protection, and management of most of the open space resources at Palamanui. (See Condition HH below).A fence has been installed and a firebreak has been created to protect the 55 acre Dry Forest Preserve.Also,there are many additional areas of s 3 Mr. Michael Yee, Director April 17, 2020 Page 6 of 18 open space on the Palamanui Plan: Parks, Greenbelts,Trails, Civic Spaces, and Squares or Plazas which will be part of the Constraints Area concept. S. The Applicant shall develop one 20-acre park site prior to the issuance of the building permit for the 101"single-family or multi-family residence within the Project.—The 20-acre active park site shall include: 1. One Pony Plus League baseball-softball field including: a) A regulation backstop; b) A regulation dugout for each side of the field; c) Portable bleachers to seat a minimum of 50 persons in each bleacher—one bleacher for each of the sidelines; d) Appropriate fencing to protect the spectators; e) Appropriate fencing to protect the teams; f) Fencing for the perimeter of the baseball field; g) ADA accessible pathways to reach the baseball-softball field from the parking area; h) Placement of grass for appropriate areas of the field;and i) An irrigation system installed for the playing field. 2. One Little league baseball-softball field including: a) A regulation backstop; b) A regulation dugout for each side of the field; c) Portable bleachers to seat a minimum of 50 persons in each bleacher—one bleacher for each of the sidelines; d) Appropriate fencing to protect the spectators; e) Appropriate fencing to protect the teams; f)Fencing for the perimeter of the baseball field; g)ADA accessible pathways to reach the baseball-softball field from the parking area; h) Placement of grass for appropriate areas of the field;and i)An irrigation system installed for the playing field. 3. One regulation adult/high school soccer field that shall include: a) Portable bleachers to seat a minimum of 50 persons in each bleacher—one bleacher for each of the sidelines; b) ADA accessible pathways to reach the soccer field from the parking area; c) Placement of grass for appropriate areas of the field;and d) An irrigation system installed for the soccer field. 4. One standard size dog park. S. One comfort station,30 x 60 feet with lighting,water, and ADA compliant restroom facilities and ADA accessible pathways from the parking area,constructed to specifications and placed in locations to be determined by the department of parks and recreation. i I Mr. Michael Yee, Director April 17, 2020 Page 7 of 18 6. One paved parking lot with 56 full size parking stalls and 4 van-accessible ADA parking stalls for a total of 60 paved parking stalls connected by ADA accessible pathways to all activity areas of the park, hardened with fencing and a gate so that unauthorized vehicles cannot access the park after hours. The 20-acre active park shall be constructed to county-dedicable standards with the specific requirements to be determined in consultation with the Department of Parks and Recreation, and the county shall accept dedication. The current proposal is for the Applicant to construct a 10 acre Phase 1 of the park prior to the issuance of the building permit for the 2501h single family or multifamily residence within the project.The remaining 10 acres of this regional park site shall be dedicated to the Count at its request. T. There shall be an 800-foot setback from the Queen Ka'ahuanu Highway. No structures, other than those allowed under Condition No.7 of the Land Use Commission's Decision and Order,shall be allowed within the 800-foot setback area. A copy of the metes and bounds description for this open space area, and proposed covenant(s)shall be submitted to the Planning Director for review and approval prior to receipt of Final Plan Approval or land alteration activities,whichever occurs first. The approved covenant(s) shall be recorded in the Bureau of Conveyances prior to the issuance of Final Plan Approval,or land alteration activities, whichever occurs first. A copy of the recorded covenant(s) shall be provided to the Planning Department. Applicant has recorded in the Bureau of Conveyances as Document No. 2007-006828 the 800 foot setback area. U. All project utilities shall be underground. Applicant will comply with this condition. The only pre-existing overhead lines will be the HELCO line which HELCO installed before the Project began, and a temporary HELCO line required to service the initial phase of the University Buildings. 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 to the proposed Ane Keohokalole Highway(Road 6A—Kona CDP Map, Figure 4-3), University Drive (2) shall consist of an 88- foot right-of-way with two lanes constructed to County-dedicable standards. This roadway shall be dedicated to the County upon its completion. The section of this roadway from Mr. Michael Yee, Director April 17, 2020 Page 8 of 18 the Queen Ka'ahumanu Highway to approximately 800 feet mauka of Kamanu Street(Road 3A—Kona CDP) intersection with University Drive shall be completed simultaneous to the opening of the first building constructed on the State land for the University of Hawal'i or before July 31, 2012, whichever occurs first. The remaining section of this roadway from the Kamanu Street(3A)to Makalei Drive shall be constructed and dedicated to the County upon its completion. b. From the proposed Ane Keohokalole Highway (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 Drive without encroaching into the lowland Dry Forest Preserve. The connection with Makalei Drive shall be designed to not encroach into the Lowland Dry Forest Preserve. The grade shall not exceed ten (10) percent,except near the connection with Makalei Drive. c. At the Queen Ka'ahumanu Highway,the intersection shall be improved in accordance with one of the 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(2),the applicant will connect to such interchange and in such case,applicant will contribute$1,500,000 to the Department of Transportation. 2) If a grade separated interchange is not available to connect to University Drive(2) to Queen Ka'ahumanu Highway when the applicant is ready to make the connection, applicant shall improve the intersection at its expense as required by the Department of Transportation, but shall include,at a minimum,a deceleration and an acceleration lane on Queen Ka'ahumanu Highway,a left-turn lane on Queen Ka'ahumanu Highway, and a dedicated right-turn and left-turn lane from University Drive (2)to Queen 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(2)to the Queen Ka'ahumanu Highway. 3) The intersection improvements with the Queen Ka'ahumanu Highway shall be completed prior to the opening of the first building constructed on the State land for the University of Hawai'i or before a Certificate of Occupancy is issued for any portion of the subject property or the completion of any single-family residential homes,whichever occurs first. 2. Kamanu Street(Road 3A—Kona CDP)from University Drive(2)to Kaiminani Drive: The applicant shall construct the mauka half-section of a 120-foot wide right-of-way to County-dedicable standards as a two-lane road. The applicant shall construct the intersection at Kaiminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on 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 Hawal'i or before July 31,2012,whichever occurs first. i i Mr. Michael Yee, Director April 17, 2020 Page 9 of 18 i This roadway(Road 3A of the Kona CDP) has been completed using the$4.4 million payment by the Applicant. The Planning Director's letter of lune 7, 2012 stated: "We confirm compliance with Condition V(2) with an agreement with the University of Hawaii for the construction of the Kamanu Street as detailed above and secured by$4.4 million reimbursement to the University upon its completion,funds currently held in escrow." In accordance with the Kona Community Development Plan Official Concurrency Map, Figure 4- 3,Applicant has made the following substantial work and expenditures towards roadway infrastructure for the project: a. Commenced Construction on University Drive(Road 2-Kona CDP, figure 4-3,from the Queen Kaahumanu Highway to Makalei Drive). Palamanui has graded the entire mauka-makai right- of-way for this planned road. b. Constructed Road 3A (provided the $4.4 million funding) connecting the Palamanui Village Center and the new College campus to Ka'iminani Drive including the required channelized intersection at the point of connection to Ka'iminani Drive. This 1.2 mile road was completed on May 31, 2012. The County has named this road Ane Keohokalole Highway and has future plans to extend it south from Ka'iminani Drive to Hina rani Drive where Ane Keohokalole is already connected from the south. c. Queen Kahumanu Highway intersection at University Drive: Palamanui has graded in the right-of-way for this connection in accordance with construction plans for the future intersection approved by the State of Hawaii Department of Transportation Highways Division. Plans call for the installation of traffic signals and a fully channelized intersection. Construction of this intersection is not yet funded or scheduled at this time. d. Road 6A: Ane Keohokalole Highway within the Palamanui Property: The Applicant has planned for the required 120' right-of-way for this road and has graded about%of it to date. This road and others will be open to the public after construction is completed. This alignment is under review by the County and likely will be amended. e. Kealakaa Street Extension (Road 7-Kona CDP). The Applicant has reserved a right-of-way for this future road on its plans and will construct and dedicate the portion of it on Palamanui property when the southern connection is ready to be opened up. The Applicant will comply with the requirement to have preliminary engineering studies done for this road alignment to confirm that the agreed upon road alignment will be technically feasible to construct. 3. Ane Keohokalole Highway(Road 6A—Kona CDP): The portion of Ane 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,within this 120- foot right-of-way to County-dedicable standards. This roadway shall be designed to function as a portion of a future road(Road 1—Kona CDP)connecting Highway 190 with University Drive and the Queen Ka'ahumanu Highway. The applicant shall construct the intersection of I Mr. Michael Yee, Director April 17, 2024 Page 10 of 18 University Drive and the Ane Keohokalole Highway meeting with the approval of the Department of Public Works. This roadway shall be dedicated to the County when the County requires it to connect with Road 1 (Kona 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. As stated above, this alignment may be revised in the near future per a request of DPW and the Planning Department, The Applicant will comply with this condition. 4. New Connector Road(Road 1—Kona CDP): The right-of-way of Road 1 within the State lands shall be 120 feet.The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of- way width of 88 feet. Applicant shall construct Road 1,at its sole expense as a two-lane County-dedicable collector road, including shoulders and swales. The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. The applicant shall continue preparatory work for the design of Road 1,including working with the County of Hawaii to secure the right-of-way for Road 1 across State of Hawai'i lands and providing information necessary for the County of Hawai'i to arrange the right-of-way over privately owned lands. Applicant shall not be required to install utilities or streetlights, except that streetlights shall be installed by the applicant at the intersection with Highway 190. The County shall obtain the necessary right- of-way outside of applicant's property. Completion of Road 1 will be secured by bond or other security meeting the approval of the Planning Director to guarantee that improvements will be completed by the deadline specified in this condition. The bond or other security shall be provided prior to the granting of final subdivision approval on the property containing single family lots. The applicant shall complete Road 1 no later than six(6)years after the entire right-of-way is acquired. The time extension provisions of Condition RR shall also apply to Road 1. The applicant shall acquire and provide to the County at no charge,the rights-of-way of Road 1 over that portion of properties identified by TMK: (3)7-2-006:009, 013 and 026The applicant shall work with the County Directors of Public Works and Planning in establishing the corridor of this minimum 120 foot wide right-of-way within the identified properties.Within 6 months of its determination by the County,the applicant shall dedicate or cause the dedication in fee of the rights-of-way to the County. Applicant is working on proposed amendment. This connector road proposal is still under review by the County of Hawaii. The time extension provision of Condition RR shall also apply to Road 1. S. Kealakaa Street Extension (Road 7 on Kona CDP): Mr. Michael Yee, Director April Il2O2O Page Ilot18 The applicant shall reserve an 88-foot right-of-way for the Kealakaa Street Extension within its property for future use esaCounty road. The applicant shall construct the road to County- dedicable standards as a minor collector road at its sole expense and dedicate it to the County of Hawai'i when a connection at the southerly boundary of the project is opened. Kealakaa Street(7),which is dead-ended for future connections,shall have preliminary engineering for technical feasibility and environmentally cleared for construction,a minimum mfGOOfeet from the subject property boundary into the adjacent property. 6. Atthe western(makai) end ofK0eka|eiDrive,the applicant shall provide safety improvements necessary to make a safe transition to University Drive(2),which may include,but not limited to, rumble strips and establishing super-elevation for the curve,asrequired bythe Department ofPublic Works. Makalei Drive is a "minor road"and will not be open to the public as a through street until Road Iioopen for public use. Applicant will comply with these conditions asstated above. W. There shall benodirect access from individual lots to collector streets. Applicant will comply with this condition. X. Construction vehicles shall not utilize the existing section of M5k5lei 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 M5k5lei Estates an the water system(wells, mains,and tanks). Applicant will comply with this condition. Y. The Kona Community Development Pian discourages gated communities and cul-de-sacs. Gates will be prohibited across new roadways identified toservice the|uoe|transportation network. Roads shall be designed to connect to adjoining properties unless construction of a through street isfound to6eimpracticable. Where cul esacs ordead end streets are allowed,they shall meet the prevailing standards inthe Chapter 23Subdivision Code. Applicant will comply with this condition,Also,Applicant will grant non-exclusive blanket easements in favor of the public to all project roads which service the local transportation network. Z. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. Adrainage study shall beprepared and submitted tothe Department uf Public Works prior toissuance nfany construction permit. Drainage improvements shall 6e constructed,meeting with approval of the Department of Public Works,prior to issuance of a certificate of occupancy for any buildings,or final subdivision approval for any subdivision creating single-family residential lots. Applicant has submitted and received approval of a project-wide drainage plan. I I Mr. Michael Yee, Director April 17, 2020 Page 12 of 18 i AA. Solid Waste Management Plan shall be prepared and submitted for approval to the Department of Environmental Management prior to submitting plans for Plan Approval review. Approved recommendations and mitigation measures shall be implemented in a manner meeting 3 with the approval of the Department of Environmental Management. i 3 Applicant will comply with this condition. Applicant has submitted a plan which has been approved by the County by letter dated August 29, 2008. BB.A wastewater treatment system shall be constructed, meeting the approval of the State Department of Health and/or Department of Environmental Management,whichever is applicable. All wastewater shall be treated at an approved wastewater treatment plant,to a I 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 j other beneficial reuse to the maximum extent feasible. Applicant shall comply with HAIR 11-62- 27, recycled water systems, in its entirety, and specifically with HAR 11-62-27(i),as amended or replaced. Applicant has obtained approval from the State Department of Health for the design of the proposed privately owned and operated treatment plant. Construction documents are being prepared and will be submitted for review and approval to the appropriate agencies. a CC. University of Hawaii Condition. Applicant shall provide the following to relocate the University of Hawaii operations: 1. Provide connection of roads and all utilities into the University of Hawai'i 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 Hawai'i to connect electrical and telecommunication systems to facilities installed within the project. These connectivity sites shall be to the University's satisfaction and located along its northern boundary on University Drive(Road section 2A—Kona CDP). 2. Build Applicant's wastewater treatment system to handle the wastewater from the initial University of Hawaii building and design the wastewater treatment system to accommodate future expansion for wastewater from future expansion of the University of Hawai'i operations. i Applicant provided$700,000 for UH to build the initial treatment plant on the UH campus.This treatment plant was completed and is in operation. 3. Design and construct an initial classroom and administration building of 20,000 square feet, with associated parking,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 3 $5,000,000,Applicant shall be responsible for the first$5,000,000 and the University shall be responsible for the balance. a) The building shall be constructed on the State land designated for University use. 3 i3 I Mr. Michael Yee, Director April 17, 2020 Page 13 of 1 b) Construction of the building shall commence as soon as the 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 2{},000 square foot building can be constructed on the State land at Applicant's expense. c) Applicant shall commence construction of the building,or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawaii Community College, before the issuance of a certificate of occupancy for any building, other than the DOE building, or final subdivision approval for any subdivision creating single-family residential lots. d) Applicant shall complete construction of the University building no later than two(2) years after the issuance of a certificate of occupancy for any building,other than the DOE building, or November 1, 2012, or final subdivision 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 Hawai'i. The University of Hawai'i shall consult on design of said building with Applicant. 4. Immediately upon completion of the University of Hawaii conditions CC. (1),(2),and(3) above,all improvements shall become the property of the University of Hawaii. This condition has been complied with by the Applicant. DD.Applicant shall enter into an agreement with the DOE, in accordance with the terms of the State Land Use Decision and Order(Docket No.A03-744) dated May 19, 2005. If Applicant's agreement with the DOE is later amended, the 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. The Applicant will collaborate with the DOE on the requirements of the building in order to develop building plan subject to DOE approval. S. The finished building will be available to the DOE within two(2)years of the issuance of a certificate of occupancy for any multifamily residential building, or Mr. Michael Yee, Director April 17, 2020 Page 14 of 18 within two(2)years from the completion of ay(sic) 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 the Applicant determine that despite good efforts,a building cannot be provided,or DOE no longer needs the facility and its design has not been completed, the Applicant will make an equivalent school fair-share cash contribution in an amount to be determined by the DOE. This cash contribution shall be expressly reserved for use within the Kealakehe complex of schools. B. 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. Applicant will comply with all of the requirements of this condition. EE. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval,prior to the issuance of a certificate of occupancy. Applicant will comply with this condition. The Emergency Response Plan has been approved by the State of Hawaii Civil Defense Department by letter dated August 26,2008, FF. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11,Article 1, Hawai'i County Code, relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final 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. Applicant will comply with this condition. GG.Should any unidentified sites or remains such as artifacts,shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. Mr. Michael Yee, Director Ap,i| I7, 2020 Page 15of18 Applicant will comply with this condition. HH,The applicant shall implement the Integrated Natural Cultural Resource Management Plan (|N[RK8P) dated May 19,3O0G,for the Lowland Dry Forest Preserve (Exhibit "U" and "F''to the |0CRK89). Preservation actions, with fire control as priority, shall begin no later than six months after the effective date ofthis ordinance. Applicant will comply with this condition. All preservation areas have been inventoried and fenced. Afire break and fence around the dry forest preserve has been established and is being maintained. The data recovery plan was approved bythe State Historic Preservation Division. The Preservation Plan received interim approval from the division. Discussions are ongoing with the State DLNR and non-profit groups regarding the management and stewardship of the Lowland Dry Forest preserve. The Pu|amanui Dry Forest Working Group has been formed and is composed of Dr. Pat Hart, Lisa Hadway ofDLNR, Roger Harris, and Susan Cordell. This group meets periodically. This group has also had discussions with the North Kona Dry Land Forest group about cooperative efforts to preserve the native dry land forest. ||. The applicant shall protect all uhiuhi and'aiea trees,and shall use best efforts to preserve the major stands ofxvi|ixxi|itrees. These trees have been fenced and protected. U. The applicant shall implement the INCRMP for the cave areas(Exhibit"E"to the INCRMP). Applicant will comply with this condition. KK. The applicant shall implement the Archaeological Preservation Plan (Exhibit "C"tothe (N[RK0P), along with any amendments and modifications thereto as approved by the State Historic Preservation Division. Applicant will comply with this condition. LL The Planning Director may approve modifications to the INCRMP conforming to the general purposes ofthe |N[RN1P,after consultation with the DLNR-DOFAVV. Applicant will comply with this condition. K8KA. To ensure that the property will bedeveloped 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|naccordance with the conditions of land use Mr. Michael Yee, Director April 17, 2020 Page 16 of 18 approvals. The covenants shall give notice that the various parcels are subject to an overall zoning that requires coordinated development. Until the master association is formed, the applicant shall be responsible for ongoing duties such as the management of the Dry Forest Preserve Area and other stewardship duties, and for contingent project responsibilities. After the formation of the master association, those responsibilities, except for offsite infrastructure requirements,shall be transferred to the master association. In order to conform to the spirit of the Kona Community Development Plan,the Applicant shall require the HOA to convey roads shown on the Palamanui Regulating Plan through-fare types (Sheet A-5)to the County.The Applicant and the master HOA shall provide and record perpetual public access easements to any and all private project roads which service the local transportation network. For roads to be dedicated to the County of Hawaii the Applicant and the HOA shall agree to maintain the landscaping and soft scape within the dedicated right-of-ways.The master association will maintain these areas in perpetuity. Applicant will comply with this condition. NN.The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation,fire, police,solid waste disposal facilities and roads. The fair share contribution shall become due and payable on the sale or lease of residential units subject to such contribution. The fair share contribution shall have a maximum combined value of$7,383.36 per multiple family residential unit ($11,506.13 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County to support parr and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; 3. $354.08 per multiple family residential unit($528.66 per single family residential unit) to the County to support fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and S. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit) to the County to support road and traffic improvements. Mr. Michael Yee, Director April 17, 2020 Page 17 of 18 The fair share contribution shall be waived for the affordable housing units. in lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to fire,police,and solid waste disposal facilities within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. With respect to the fair share contribution for parks and recreation, that contribution for all residential units will be satisfied when Applicant completes and offers for dedication all of the land facilities for the active use park described in Condition "S"above.The fair share contribution for roads will be satisfied upon completion of the University Drive(Road sections 2A,29,and 2C), Kamanu Street Extension(Road 3A),and Ane Keohokalole Highway(Road 6A). Kealaka`a Street Extension(Road 7),and Road 1 and their associated intersections. Applicant will comply with this condition. 00. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition ' of exactions or the assessment of impact fees,conditions include herein shall be credited i towards the requirements of the Unified Impact Fees Ordinance. Applicant will comply with this condition. PP. Comply with all other applicable County,State and Federal laws, rules, regulations and requirements. Applicant will comply with this condition. i QQ.An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Project District Ordinance. The report shall include,but not be a 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. Applicant will comply with this condition. This Annual Report is submitted per condition QQ. RR. An initial extension of time for the performance of conditions within the ordinance, may be granted by the Planning Director upon the following circumstances. 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. Mr. Michael Yee, Director April 17, 2020 Page 18 of 18 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. Applicant will comply with this condition. 1 Warm Regards, Palamanui Global Holdings, LLC i By: Palamanui LLC Its: Member By: Hawaii Renaissance Builders, LLC Its: Manager By: Name: Paul Kay Its: Senior Vice President WHUNT COH PLPNNINGDEPT tNOV 10 2020 pI :51 R-C'D BY EMAIL November 10, 2020 Mr, Michael Yee, Director Planning Department COUNTY OF HAWAl`l 101 Pauahi Street Nilo, Hawaii 16720 ATTN: Ms. Maija Jackson RE: Makalei Improvement Condition (Condition S-6) Amendment to Project District Ordinance No.09-132 Palamanui Global Holdings, LLC Ka'u, North Kona,Hawaii,TMK: (3)7-2-005:001 portion Dear Mr.Yee: This is to follow up on your and Roger Harris'email communication this date with Ms. Maija Jackson of your staff regarding the subject matter as it relates to the Makalei Drive improvements outlined: in Condition S-6. Specifically, the existing condition requires the applicant to "provide safety improvements necessary to rake a safe transition to University Drive (Road 2)" at the western (makai)end of Makalei Drive. When that condition was crafted, the applicant had indirect control/ownership of that portion of Makalei Drive within the Makalei Estates Subdivision. Since then, however, ownership has been conveyed to the Makalei Homeowners Association. As a result,the applicant is no longer able to make this improvement and thus, respectfully request its deletion. It will, however, make improvements to University Drive (Road 2) to its easterly boundary up to the western end of Makalei Drive, as outlined in proposed Condition S-1-c. Over the course of the initial and proposed amendment of this application,Palamanui retained two(2) traffic consulting firms,SSFM International and Austin Tsutsumi &Associates. Vete would like to confirm that that the traffic studies conducted by SSFM concluded that Road 1 was not needed to mitigate traffic generated by the Palamanui project. The study by Austin Tsutsumi&Associates did not address this matter. Thank you very much for your understanding and assistance on this matter. As always, should you have further questions on this matter,please feel free to contact Roger Harris at(808)987-5182. 1 ,1 466 £€Paso•C^rage•oenver.HP.tlW•London•Las Angeles Memphis.PhLtadeiphia•San Fraecisca•Washirtgtcn 0 C_ `h` NF rt r_,_!,n 0E VE0P iNVE5T MANAGE ®_. nn1 it Mr.Michael Yee,Director November 10,2020 Page 2 of 2 Sincerely, Palamanui Global Holdings, LLC By:Palamanui LLC Its: Member By: Hawaii Renaissance Builders, LLC Its:Manager i'. t` Name: Steven W. Colon Its: Senior Vice President cc: Roger Harris Sidney Fuke 4isueal pue speo-d pasodoacl - dew )JOM4@N uope4aodsueal leiDi j}p ez-t, aanbi-4 Ueld 4uau.rdo1anaQ A4junu1woD Buoy -dew re go ayjjo klopsodaa ayl si juawpeda(7 GuiuueId YemeH JO lQunoo eyl YemeH JO Apnoo :aarnoS —• �` selp Z slenbe youi 1� _ S2�INf Z L 0 _ I _. neuneuoH - 4r aal(e1 40110d x ✓ K r r� 7•-` -.._,��, AeMpeoa 6uljslx3- f cool urroi joina OOdOOdl2N eaJy uegJn euo)t O �•.1':. i .r- Jejuao leuoi6aa "� - - - pooqioqqBt aN Y adAl 401 ,Uopels jtsueJl N00o UTeldBb-J MH 1!sueJl 20�eM2E� tiepumag Nunii Mum aul-1 l lisue� pasodoad - i Joulw'Joloalloo'dO _.._.�. _ •1 O_ c 1II00 do _ _ 1 l w•10�6 � �. - r IeuatX'do - Joulw'JOjoalloo'doO Jolew'JojoellOo'do0 7� leool'doo •-• uopuoi}isse17'speob pasodoad puaBO-1 noynsa�{ Ql 'y 'S--I-s �. � '".'aFo1P�l tvNvYY nnle4eN 'I 1 y di3� ------ UO BTI= '� enpeN - abiNAetlraM"vvnd - - + •�,.+ '. � juarrdolanapay?C+ollnlvnPeN , oil Ionrla H• __ _ e-L t- _J/' '. a6v11V1 ne_40KowN .,.- afie111A YrkY oNnlrN _ - ,S h F n y 7 I I G I •: ( J' al°l{e2){ `` �V • • I J l I L t \ I deW AauaaanDuoD leiDijjp ueld auaurdolanaQ 1(4lunwwoD euo)l I -dew lelog}o acl4 jo Aaollsodar aye sr luawPedao 6u/uueld nemeH}o Ajunoo ayl - H •llemeH Jo A4unoO :eoanoS -_}14` sap L slenba Uaui L 5 noyneam Z � 5,0 0 SGIM -� IVM1%6 r r I i J aa�fe7 Xo!lod r , In c Aernpeoa 6ulislx3 f .sdol uncal leans Q I L_-- _ `^ 1` ,easy uegln euo>i H � 4" r pooylogy6laN .. „ 401 3 h z - (JMILU[ald % V S' .. - Y En�l2�j idaouop H i 5rw;;i " = eo s p N p asodoa d .�auoZ AouaaanouoO ��- pua6e-1 of 7,12 01, r .,-,1_ S •l�r,nN �k d N- s s v0 st % I CD da xo�1Yx •� _,,,,.., Q �. -d9 'i _ t , I- .i - a � � j i.' l n '�'• �T� I I t-1 .. `� _-�_- ,...,- .W 1_�.•:.,+ V I s ✓/47 ill 7 1537 Y Y , ,c - t + � i( LY3eIIVMVH 1, 1 KENNETH G. GOODENOTY ��of RODNEY OSHIRO uM•a •.!ty County Clerk �p` ;., Deputy County Clerk 4TEOF•Nh'� County ofHawaii v) Office of the Count) Clerk '" C 25 tlupuni Street rpt Hilo, Hawai`i 96720 r") Telephone: (808)961-8255 Facsimile: (808)961-8912 p , December 29,2009 FROM: Kenneth Goodenow, County Clerk 'fi ' • RE: Supplementing Hawaii County Code 1983 (2005 Edition, as amended) with Ordinance No. 09-132 Ordinance No. 09-132, which amends Ordinance No. 06-105, contains a manifest typographical error and an error with regard to the spelling of a Hawaiian place name. Section 1 of Ordinance No. 09-132 states that the ordinance amends "Section 25-8-33."The correct reference, as provided in Ordinance No. 06-105, is section 25-8-3. Hawaii County Code, section 2-153, paragraph(7), allows the clerk in preparing supplements to the Code to "[c]orrect manifest clerical and typographical errors." Ordinance No. 09-132 contains the word Ka`u, which should be spelled Kau, as provided in Ordinance No. 06-105. Hawaii County Code, section 2-153, paragraph(8), allows the clerk in preparing supplements to the Code to"[c]orrect the spelling of Hawaiian words and names," Pursuant to Hawaii County Code 1983 (2005 Edition, as amended), section 2-153, paragraphs (7) and(8), Ordinance No. 09-132 has been placed in section 25-8-3 of the Hawaii County Code and any reference to the location of this amendment as appearing in the Zoning Code Annexes is indicated as "Kau" rather than"Ka`u." KG/jdh Planning r . Serving the Interests of the People of Our Island Exhibit Hawaii County is an Equal Opportunity Provider and Employer — �SY OI COUNTY F HAWAIII {' •4STATE OF HAWA141 �aOE Nt BILI.NO. 137 ORDINANCE NO. 09 132 (Draft 2 AN ORDINANCE AMENDING ORDINANCE NO. 06-105 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3 ACRES (A-3a)AND OPEN(0) TO PROJECT DISTRICT(PD) AT KA`O,NORTH KONA,HAWAII,COVERED BY TAX MAP KEY 7-2-005:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 06 105 is amended as follows: "SECTION 1. Section 25-8-33,Article 8 Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following areas situated at Ka`u [K-au],North Kona,Hawaii, shall be Project District(PD): PARCEL"A": Beginning at the northwest corner of this parcel,being also along the east side of Queen Kaahumanu Highway(Project No.: 19 BC-01-71), the coordinates of said point of beginning referred to Government Survey Triangulation Station"AKAHIPUU", being 9,071.21 feet North and 23,751.69 feet West and thence running by azimuths measured clockwise from true South: 1. 2910 46' 30" 5726.03 feet along the Kukio-Goma Government Tracts; 2. 170 56' 2314.09 feet; 3. 1150 03' 36" 5449,47 feet along the Government Lands of Makaula; i 4. 1890 19' 55" 2044.65 feet along the east side of Queen Kaahumanu Highway(Project No.: 19 BC- 01-71)to the point of beginning and containing an area of 274.861 Acres. PARCEL "B": Beginning at the northwest comer of this parcel,being also along the south side of Kukio-Goma Government Tracts,the coordinates of said point of beginning referred to Government Survey Triangulation Station"AKAHIPUU", being 6,947.06 feet North and 18,434.23 feet West and thence running by azimuths measured clockwise from true South: 1. 2910 46' 30" 784.96 feet along the Kukio-Goma Government Tracts; 2. 2800 28' 22" 2806.44 feet along the Kukio-Goma Government Tracts; 3. 2900 55' 24" 3323.43 feet along the Kukio-Ooma Government Tracts; 4. 170 14' 2844.54 feet along Lots 36, 37, 38,44, 15, 14, 13, 12, 11, 10 and 9 of Makalai Estates—Phase 2 (File Plan 2294); 5. 1000 15' 30" 1838.50 feet along the Government Lands of Makaula; 6. 1150 03' 36" 5137.19 feet along the Government Lands of Makaula; 7. 1970 56' 2314.09 feet to the point of beginning and containing an area of 450.343 Acres. Less the following described area: Beginning at a point being the Northwest corner of this parcel of land the coordinates of said point of beginning referred to Government Survey Triangulation Station"AKAHIPUU",being 109.49 feet South and 18 804.22 feet West and running by azimuths measured from true South: -2- i i i i } I 1. 2910 46' 30" 1149.40 feet along Kukio—Noma Government Tracts; i 2. 90 19' 5599 282.64 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191° f ,i 3. 2790 19' 55" 9.06 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191° Thence along a curve to the right with a radius of 239.00 feet the chord azimuth and distance beim: 4. 3240 19' 55" 338.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 5. 90 19' 55" 446.09 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 6. 2790 19' 55" 485.02 feet alongthe he remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 7. 90 32' 52" 500.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 8. 991, 19' 55" 421.14 feet along the remainder of Rom Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 9. 1890 19' 55" 301.00 feet along the remainder of Royal -3- Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 10. 990 19' 55" 62.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the right with a radius of 20.00 feet the chord and distance being: 11. 540 19' 55" 28.28 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 12. 990 19' 55" 197.96 feet along the remainder of Rom Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the left with a radius of 301.00 feet the chord azimuth and distance being: 13. 750 03' 55" 247.41 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 14. 500 47' 55" 103.47 feet along the remainder of Royal Patent 8255 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the right with a radius of 20.00 feet the chord azimuth and distance being: 15. 950 47' 55" 28.28 feet along,the remainder of Royal Patent 8265 and Mahele Award 13-B -4- to Paalua Certificate of Boundaries 191; 16. 1400 47' 55" 199.00 feet along the remainder of Rom Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 17. 2300 47' 55" 357.90 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 18. 1400 47' 55" 218.83 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; Thence along a curve to the right with a radius of 239.00 feet the chord azimuth and distance being: 19. 2400 48' 29" 65.26 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 20. 1580 39' 19" 269.52 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 21. 1900 57' 06" 40.03 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 22. 1030 12' 19" 39.52 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; -5- i D. 1020 46' 39" 49.05 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries a 191; 24. 1160 09' 35" 45.79 feet along the remainder of Royal t Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries r 191; 25. 1120 02' 29" 43.66 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 3 26. 1890 19' 55" 199.24 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 27. 990 19' 55" 114.00 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; I I Thence along a curve to the left with a radius of 20.00 feet the chord azimuth and distance being: I 28. 540 19' 55" 28.28 feet along the remainder of Royal Patent 8265 and.Mahele Award 13-B to Paalua Certificate of Boundaries 3 191; 29. 990 19' 55" 62.00 feet along the remainder of Roval 3 Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; I 30. 1890 19' 55" 13.00 feet along the remainder of Roy 3 Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191; 3 I -6- 3 `I 3 I 31. 990 19' 55" 297.97 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paalua Certificate of Boundaries 191, 32. 1890 19' 55" 537.31 feet along the remainder of Royal Patent 8265 and Mahele Award 13-B to Paulua Certificate of Boundaries 191 to the point of be innin containing;an area of 29.92 acres, more or less. for a net area for Parcels "A" and"B"of 695.282 acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No.A03-744) dated May 19, 2005. -7- i 3 3 3 7 C. The applicant shall comply with the conditions as set forth in the Water Agreement between K-W Kau,LLC and the Water Commission of the County of Hawaii dated June 15, 1999. i i D. The project shall consist of a maximum of[72-54] 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 i passive parks, a trail system and supporting infrastructure. 3 3 i 3 3 E. The maximum number of residential units allowed shall be 1,116 units, including i the on-site affordable housing units. 3 F. The maximum number of hotel rooms shall be 120. G. Commercial spaces for medical, office, retail, classrooms and health related uses 3 and hotel shall be limited to [4.02] 72.08 acres. 3 "s ti H. Active and passive parks (Open, Park and Preservation)shall be developed on a 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. 3 a i I. The uses allowed in the Project District shall be all permitted uses allowed by right in the RS, RM, CN and CV zoned districts, and a golf course and related facilities. Uses allowed by Use Permit in the CV district may be allowed. 3 I J. A detailed Master Plan of the Project District,which includes the location and i number of residential lots and units,hotel, commercial uses,parking, golf course, open space and recreational areas and other related improvements on the property, 3 I I shall be submitted to the Planning Director within two (2)years from the effective date of the Project District Ordinance or prior to submission of plans for plan approval or subdivision approval, whichever occurs first. K. Substantial construction of the proposed development shall commence within five (5) years from the effective date of the Project District Ordinance. "Substantial construction"means the actual start of construction of project infrastructure under a bona fide contract of not less than ten million dollars($10,000,000.00). Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code Plans shall identify proposed structures, fire protection measures, paved accesses and parking stall, and other improvements associated with the proposed uses. L. The following design standards shall apply: 1. Landscaping for the development shall comply with the Planning Department's Rule No. 17, Landscaping Requirements. Landscaping rules, such as the screening of single-family residential from commercial areas, shall be applied according the actual uses. 2. The height limit for structures within the project area shall not exceed the following: a. Single-family residential development: 35 feet b. Multiple-family residential and hotel developments: 45 feet C. Office and retail commercial development: 45 feet. 3. The minimum off-street parking and loading space requirements of Chapter 25, Hawaii County Code shall be complied with, including compliance with the American Disabilities Act(ADA)requirements. -9- M. The variances from Chapters 23 (Subdivision) and 25 (Zoning),Hawaii County Code, as presented in Planning Department Exhibit 2 (Applicant's November 21, 2005 letter with attached Tables pages 1 to 6 related to Variance Requested from Sections in Subdivision and Zoning Codes, and Applicant's Figure 2- Conceptual Character of Town Center/Residential Village Center, Figure 3a- Residential Village Center Alternative: 4,000 SF Lot, Figure 3b - Residential Village Center Alternatives: 6,000 SF Lot,Figure 4a- Conceptual Plan: Roadway Concepts- Dedicable, Figure 4b -Conceptual Plan: Roadway Concepts -Nondedicable,and Figure S - Residential Village Center Alternatives: Zone Lot Line Concepts) shall be allowed under the Project District. The applicant shall submit detailed plans to the Planning Director showing street designs and cross-sections, and adjacent building designs,with the Master Plan. The Planning Director may require modifications to the street sections to provide sufficient on-street parking where the plans do not provide adequate off-street parking(such as the 4,000-square foot lots with a one-car garage and insufficient setbacks to allow parking in driveways), and may require further changes necessary for public safety and convenience. All roads built with the variances allowed under this condition will be non-dedicable. With regard to the requested zero line building setbacks,the applicant shall conform to the current Hawaii County Building Code requirements. As part of the Master Plan, the applicant shall submit plans for pedestrian movement through the project district,which shall identify areas where sidewalks will be included to permit safe pedestrian access to the Town Center and other important points in the development. [N. To ensure that the pr-ejeet is de�veleped arseer-ding to its stated goal of efeating mixed use residential eew.%unity,the project must inelude residential development. The prc�erat shall have at least one residential unit for evefy 600 squaire feet of nonresidential development(under roof). Spaee used by University shall not be ineluded in the ealculation of neiffesidefftial speee. There -10- [O.]N. The permitted hotel, designated as the"University Inn and Conference Center," shall function as a business hotel and in conjunction with University operations. It shall not be operated under a time-share plan or other arrangement that provides for shared ownership of individual units on the basis of time intervals, or club membership allowing periodic use. [127]O. Occupancy of the hotel shall not be granted until the construction of the Queen Ka`ahumanu Highway,Phase II widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the State entering into a construction contract for the improvements, or until improvements construction has commenced on the 20,000 square foot University building,or the building's completion has been assured by bond or other security acceptable to the Planning, Director, whichever comes first.. [ 1,500 feet from the Queen Kaahuinanu Highway ] P. To ensure that the commercial development corresponds with the applicant's representations regarding neighborhood-scale commercial development,no single retail establishment shall have more than 45,000 square feet of developed area under roof. Q. Total retail space(not including restaurants) shall not exceed 75,000 square feet under roof until the construction of the Queen Ka`ahumanu Highway, Phase II widening improvements to four lanes from Kealakehe Parkway to the Kona International Airport at Keahole has been secured by the state entering -11- I I i a into a construction contract for the improvements. The square footage of 1 improvements leased to the University of Hawaii shall not count against this limit. [T-] R. The applicant shall set aside a "Constraints Area" including the approximately 55-acre dry forest preserve, archaeological sites/cave and park areas on the project site. [TJ-.] S. The Applicant shall develop one 20-acre park site prior to [oeeupaney-a� first residential unit on ] the issuance of the building permit for G the 101st single-family or multi-family residence within the Project.. The 20- acre active park site shall include_ 'Ove playing fields which may-b4-,� baseball field and one soccer-field er-two baseball fields or two soccer-fields, } i ] One Pony Plus League baseball-softball field including: (a) A regulation backstop; A regulation dugout for each side of the field; (c) Portable bleachers to seat a minimum of 50 persons 3 in each bleacher- one bleacher for each of the sidelines; Ld Appropriate fencing to protect the spectators; (e) Appropriate fencing to protect the teams; Fencing for the perimeter of the baseball field,• ADA accessible pathways to reach the baseball- softball field from the parking area; Placement of grass for appropriate areas of the field; and An irri atg ion system installed for the playing field. -12- (2) One Little League baseball-softball field including: Lai A regulation backstop; A regulation dugout for each side of the field,• U Portable bleachers to seat a minimum of 50 persons in each bleacher- one bleacher for each of the sidelines; Appropriate fencing;to protect the spectators; (e) Appropriate fencing to protect the teams; f� Fencing for the perimeter of the baseball field; ADA accessible pathways to reach the baseball- softball field from the parking area Placement of grass for appropriate areas of the field; and D An irrigation system installed for the playing field. (3) One regulation adult/high school soccer field that shall include: (a) Portable bleachers to seat a minimum of 50 persons in each bleacher-one bleacher for each of the sidelines; ADA accessible pathways to reach the soccer field from the parking area, Ccl Placement of grass for appropriate areas of the field; t and An irrigation system installed for the soccer field. (4) One standard size dog park, (5) One comfort station 30 x 60 feet with lighting,water, and 1 ADA compliant restroom facilities and ADA accessible pathways from the parking area, constructed to specifications and placed in locations to be determined by -13- i J i I I i i i I I the department of parks and recreation, (6) One paved parking lot with 56 full size parkin;stalls and 4 van-accessible ADA parking stalls for a total of 60 paved parking stalls connected by ADA accessible pghwas�o all i activity areas of the park, hardened with fencing and a gate so that unauthorized vehicles cannot access the park after hours. The 20-acre active park shall be constructed to county-dedicable standards with the specific requirements to be determined in consultation with the Department of Parks and Recreation, and the county shall accept dedication. [V--] T. There shall be an 800-foot setback from the Queen Ka`ahumanu Highway. No structures, other than those allowed under Condition No. 7 of the Land Use Commission's Decision and Order, shall be allowed within the 800-foot setback area. A copy of the metes and bounds description for this open space area, and proposed covenant(s)shall be submitted to the Planning Director for review and approval prior to receipt of Final Plan Approval or land alteration activities,whichever occurs first. The approved covenant(s) shall be recorded in the Bureau of Conveyances prior to the issuance of Final Plan Approval,or land alteration activities, whichever occurs first. A copy of the recorded covenant(s) shall be provided to the Planning Department. [W-.] U. All project utilities shall be underground. [X-.] V. [ and the regional road system-t boundary of the prejec4. (Read"I" "B").: -14- Road 6G 9f shall intefseet with the Queen G ahiamanu Highway-a"leeation approved by the State Pepaftment of 9 and shall eenaaect w4h.11.4akalet Drive at the eastern '1snJ end. Tead sham be eenstrueted-I on-C�888 feet wide right of sas a read, read, te G "P. }} G"3f'—ee the Wer-seetiO3iwith e kalei Drive, cera GG1» shall be Dfive without enereaehing into the lowland Forest--Presene. The connection with Makalei Drive shall be designed to not ener-eaeh into the Lowland Dry Fofest Preserve. The gr-ade shall not emeeed 0 exeept near the eenneelien with Makalei Drive. At the Queen Tlatah,,,,-,an„ Highway,the +r,tefsent:on shall be improved aiu suauaaauaau , aeoer-danee with one of the following�wo options-.t Read"I" to Queeft G ahumafva Highway when Appliewainit. is feady to eenstfuet Read Gc 9s f A-pplieaat will eenneet Read Gel Sf t„ s,..h it ne,.aange„n.l ; ,eease, A nnl;ea A„„11 + hh eefftfibute $1,500,000 i (b) if a gfade sepaFated inter-change is not available to eenne Read'T'to Queen Ka'ahumanu Highway when Applieffin.t. I t S) is ieuuy to Make the eonnee"n, A nnlinant shall i Transportation,the inter-seetion at its ey-pense as required by the DeparUnent of bu4 shall inolude,--a” I f ]i'aua „n,an„ Highway, a left tum lane ., Queen ai G } left into Queen G -15- Fa'ic 1 - ,r8A -t— I1--1-- X. c " "to Queen i tf ffi al � n left + la*e ffofn the.`�,�b�:..a.�..aa.a u..�vvvaa�a ava� Guau pr-E�ee4 aeeess read to the Queen Kaahumanu Highway. 2. i 66 " G6 !7 Drive(Road 6G 99 on Exhibit6i 77 Dr-i,,,e meeting with the of Publie J Kaiminani Drive. 3. AnoFthsouth colleeter-read at approximately the 600 feet elevation GG !7 "B"): GG eonneeting Highway 199 with Read ,7 GG !!aa4 the Queen G ahuman Highway. Road GG !) as a colleetor-read with an 88 feet wide Fi& of way. The applic shall eonstruct the inteiaee e3between Rea Gi "and Read-`—`p meeting with the approval of the Departmea4 of P41ie 4. New Conneeter-Read to - 'A" Exhibit "B"). A'pplioant shall eonstpaet Read"4",at its sole expense, shoulders and swales,within a*88 foet fight of way. The final design and mwcimum gfade of Read "4" , of Publie Works after eonsulWienwith the Planning Direeter, Applieant shall be not required te install str-eeflights, exeept at the intefseefien with Highway 0, of . If another-private developer- ,.dn +spaf4ie'CLto in buildingRead'A", as a -16- 9 J Gan the peftion "4" on J .. hall ealb-tain the neeessapj­���� A pph nV s otic i:kl — et (Read CG 99 "B")--. C 99 "S" and it shall + to seet�'P-Ith Read"i". Drive, the applieant shall provide- GG 9J 9 9 are not limited 9 nimble strips andestablishing superelevation for the J as required by 414Department of Publie Works. 9 af cc 99 a4 least ffem the Queen s 9 ahiifnanu Highway to the iriter-seefieft with the Mid Level Read(Read cs » 9 (b) the ifftef-seetion of th -,t aeeess read with th-e Queen c Highway;ahumantt and (e) the Mid Level Read(Read cG JJ )from the main pr-E�eot aeeess aA+_ Y r, .a tl, V �V as av J - Drive inter-seetion. 9. The following read impfevements shall be seeufed by bond of othef. swety meeting with the approval of the Plaming Dir-eeter totuarantee that the improvements�Mll be completed within two (2)yeafs Aer-the -17- homes,prepefty,or-eempletien of any single fiHnily whiehever-comes 9 and (e) Read"S" "4 G f9 Z eyeept as may be allowed undef Condifion 4C 99 'A" building, by bond or other-seeaFi4y aeeepted by the Plafming Dir-eetor no late of final subdivision approval for-any subdivision or-eating single family residentialots Gertifie to of eecupa e),for-n building, other than the University ty DOEE building shall not be single fiunily fesidential lets shall fiet be issued, and final subdivision appr-oval for-my subdivision efeating 9 right of way fer-Read cc 99 ewt3e� cc road" 9 and A411 fiet be open to the publie .] 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: -18- N 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 theQueen Ka`ahumanu Highway intersection to the proposed Ane Keohokalole Highway (Road 6A- Kona CDP Map, Figure 4-3), University Drive (2) shall consist of an 88- foot right-of-way with two lanes constructed to County- dedicable standards. This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka`ahumanu Highway to approximately 800 feet mauka of Kamanu Street(Road 3A - Kona CDP)intersection with University Drive shall be completed simultaneous to the opening of the first building constructed on the State land for the University of HawaNior before July 31, 2012, whichever occurs first. The remaining section of this roadwy from the Kamanu Street(3A) to Makalei Drive shall be constructed and dedicated to the County upon its completion. I b. From the proposed Ane Keohokalole Highway (6A)to Makalei Drive,the road shall be constructed to County-dedicable standards as a minor street except that design standards shall be varied to permit the connection with Makalei Drive without encroaching into the lowland Dry Forest Preserve. The connection with Makalei Drive shall be designed to not encroach into the Lowland Dry Forest Preserve. The grade shall not exceed ten(10) Dercent, except near the connection with Makalei Drive. c At the Queen Ka`ahumanu Highway, the intersection shall be improved in accordance with one of the following two options- -19- 3 1) If a glade separated interchange is available to connect to Queen Ka`ahumanu Highway when the applicant is read to construct the lower section of University Drive (2),the applicant will connect to such interchange and in such case, applicant will contribute$1,500,000 to the Department of Transportation. 2) If a grade separated interchange is not available to connect Universi Drive (2)to Queen Ka`ahumanu Highway when the applicant is read to o make the connection, applicant shall improve the intersection at its expense as required by the Department of Transportation,but shall include, at a minimum, a deceleration and an acceleration lane on Queen Ka`ahumanu Highway, a left-turn lane on Queen Ka`ahumanu Highway, and a dedicated right-turn and 3 i left-turn lane from University Drive(2)to Queen Kaahumanu Highway. If warranted, at the request of the Department of Transportation,the applicant shall install traffic signals and a second left-turn lane from University Drive (2)to the Queen Ka`ahumanu Highway, 3) The intersection improvements with the Queen j Ka`ahumanu Highway shall be completed prior to the opening of the first building constructed on the State land for the University of Hawaii or before a j 1 Certificate of Occupancy is issued for any portion of the subject property or the completion of angle-family residential homes whichever occurs first I 3 -20- 3 43 i i i 3 3 s 2. Kamanu Street(Road 3A-Kona CDP) from Universi Drive(2)to 3 Kaiminani Drive: I 3 i I The applicant shall construct the mauka half-section of a 120-foot wide right-of-way to County-dedicable standards as a two-lane road. The applicant shall construct the intersection at Kaiminani Drive meeting with the approval of the Department of Public Works. The 3 intersection shall include a left-turn lane on Kaiminani Drive. The intersections at the northern and southern end of this road shall have =3 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 roadwa s�hall be completed simultaneous to the opening of the first i building on the State land for the University of Hawaii or before July 31 2012 whichever occurs first I a 3. Ane Keohokalole Highway(Road 6A-Kona CDP): The portion of Ane 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, within this 120-foot right-of-way o Cozen -dedicable standards. This roadwU shall be designed to function as a portion of a future road(Road 1 -Kona CDP)connecting Highway 190 with University Drive and the Queen Ka`ahumanu 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 when the County requires it to connect with Road 1 (Kona -21- CDP). Ane Keohokalole Highway(6A),which is dead-ended for future connections, shall have preliminary engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject pro eeEty boundary into the adjacent properties. 4. New Connector Road(Road 1 - Kona CDPD The right-of-way width of Road 1 within the State lands shall be 120 feet. The section of Road 1 from the State property to Highway 190 within the private properties shall have a right-of-way width of 88 feet. Applicant shall construct Road 1, at its sole expense as a two-lane County-dedicable collector road including shoulders and swales. The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. The applicant shall continue preparatory work for the design of Road 1, including working with the County of Hawaii to secure the right-of- way i hg t-of- way for Road 1 across State ofHawai`i lands and providing information necessary for the County of Hawaii to arrange the right- of-way over privately owned lands. Applicant shall not be required to install utilities or streetlights, except that streetlights shall be installed by the applicant at the intersection with Highway 190. The County shall obtain the necessM right-of-way outside of applicant's property. Completion of Road 1 will be secured by bond or other security meetingthe he approval of the Planning Director to guarantee that improvements will be completed by the deadline specified in this condition. The bond or other security shall be provided prior to the Granting of final subdivision approval on the property containing single family lots. -22- The applicant shall complete Road I no later than six(6) years after the entire right-of jvais acquired. The time extension provisions of Condition RR shall also apply to Road 1. 5. Kealakaa Street Extension(Road 7 on Kona CDP): The applicant shall reserve an 88-foot right-of-way for the Kealakaa Street Extension within its property for future use as a County road. The applicant shall construct the road to County-dedicable standards as a minor collector road at its sole expense and dedicate it to the County of Hawaii when a connection at the southerly boundary of the project is opened. Kealakaa Street(7), which is dead-ended for future connections, shall have prelimijiM engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent property. 6. At the western(makai)end of Makalei Drive, the applicant shall provide safety improvements necessM to make a safe transition to University Drive (2), which may include, but not limited to, rumble strips and establishing,super-elevation for the curve, as required bathe Department of Public Works. Makalei Drive is a"minor road" and will not be open to the public as through street until Road I is opened for public use. [-Y-.] W. There shall be no direct access from individual lots to collector streets. -23- { i I [Z—.] X. 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 1 work within Makalei Estates on the water system wells mains and tanks). [AA-.] Y. [No vehicular- secufity gate shall be installed within sixty(60) feet of propose-' eeuiAy read and a tufnar-etmd gate shali be pr-evided withini 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. 333 I [lam:] Z. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to issuance of any construction permit. Drainage improvements shall be constructed,meeting with the approval of the Department of Public Works,prior to issuance of a certificate of occupancy for any buildings, or final subdivision approval for any subdivision creating single-family residential lots. x3 3 [C-G]. AA. Solid Waste Management Plan shall be prepared and submitted for 5 approval to the Department of Environmental Management prior to a submitting plans for Plan Approval review. Approved recommendations t and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Environmental Management. -24- [DD-.] BB. A wastewater treatment system shall be constructed, meeting the approval of the State Department of Health and/or Department of Environmental Management, whichever is applicable. All wastewater shall be treated at an approved wastewater treatment plant,to a minimum of secondary treatment,with R-1 effluent, unless a greater level of treatment is required by the Department of Health. Wastewater shall be used for irrigation of landscaping or other beneficial reuse to the maximum extent feasible. Applicant shall comply with HAR 11-62-27 recycled water systems in its entirety, and specifically,with HAR 11-62-27(i) as amended or replaced [ER] CC. University of Hawaii Condition. Applicant shall provide the following to relocate the University of Hawaii operations: 1. [Conneettivity-wit#] 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 boundary on [Read"-1"] University Drive(Road section 2A—Kona CDP). 2. Build Applicant's wastewater treatment system to handle the wastewater from the initial University of Hawaii building and design the wastewater treatment system to accommodate future expansion for wastewater from future expansion of the University of Hawaii operations. 3. Design and construct an initial classroom and administration -25- building of 20,000 square feet,with associated parking, at Applicant's expense. If the University of Hawaii design results in the cost of design and construction of the building and associated parking exceeding$5,000,000,Applicant shall be responsible for the first $5,000,000 and the University shall be responsible for the balance. (a) The building shall be constructed on the State land designated for University use. Construction [en] of the building shall commence as soon as the University has the required [the] necessary consents and approvals. If the necessary consents and approvals cannot be obtained by the State,the University shall have the right to lease from Applicant appropriate space to house University of Hawaii at West Hawaii until the necessary consent and approvals are obtained at comparable lease rates now being paid by the University of Hawaii until the 20,000 square foot building can be constructed on the State i land at Applicant's expense. i (c) Applicant shall commence construction of the building,or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawaii Community College,before the issuance of a certificate of occupancy for any building, other than the DOE building, or final subdivision approval for any subdivision creating single-family residential lots. 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 i 2012 or final subdivision -26- approval for any subdivision creating single-family residential lots, whichever occurs first. The location and design of the building(interior and exterior)and related improvements will be on terms determined by the University of Hawaii. The University of Hawaii shall consult on design of said building with Applicant. 4. Immediately upon completion of the University of Hawaii conditions CC. (1), (2), and(3)above all improvements shall become the property of the University of Hawaii [ ] DD. Applicant shall enter into an agreement with the DOE, in accordance with the terms of the State Land Use Decision and Order(Docket No. A03-744) dated May 19, 2005. If Applicant's agreement with the DOE is later amended, Applicant shall file a copy of such amendment with the Planning Department and shall comply with the terms of the amended agreement. Applicant shall contribute to the DOE an 8,000 square foot building within the project site to use for a period of twenty(20)years, subject to the following conditions: 1. No rent or common area maintenance fees will be charged to the DOE. 2. The building will be used as instructional and office space for the school complexes located in west Hawaii. 3. The building will meet DOE facility standards, with finished classrooms, workshops and offices. 4. Applicant will collaborate with the DOE on the requirements of the building in order to develop building plan subject to DOE approval. 5. The finished building will be available to the DOE within two (2) years of the issuance of a certificate of occupancy for any -27- multifamily residential building, or within two(2)years from the completion of ay single-family residential building within the development,whichever comes first. 6. Following the initial twenty(20) year period when the building will be made available to the DOE,the building will be made available to the DOE for additional years, at the prevailing rental rates. 7. If the DOE and Applicant determine that despite good efforts, a building cannot be provided, or the DOE no longer needs the facility and its design has not been completed,Applicant will make an equivalent school fair-share cash contribution in an amount to be determined by the DOE. This cash contribution shall be expressly reserved for use within the Kealakehe complex of schools. 8. The value of the building and its use is meant to be credited against any DOE requirements under the State Land Use Decision and Order. [0-] EE. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a certificate of occupancy. [HH-.] FF. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11,Article 1, Hawaii County Code,relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval for any subdivision creating single-family residential lots, whichever -28- occurs first. The reduction in minimum lot sizes and the increase in density permitted by Section 11-8, Hawaii County Code, for affordable housing built on-site shall not apply to this project district because the reduction in minimum lot sizes has already been incorporated into the conditions of this project district zoning, and the limit on residential units stated is meant to include affordable units built on-site. Applicant shall satisfy its affordable housing requirements by on-site construction of units, and not utilize any affordable housing credits generated off-site. [IL] GG. Should any unidentified sites or remains such as artifacts, shell,bone,or charcoal deposits,human burials, rock or coral alignments, pavings or walls be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. [3-J-.] HH. The applicant shall implement the Integrated Natural Cultural Resource Management Plan(INCRMP)dated May 19, 2005, for the Lowland Dry Forest Preserve (Exhibit"D"and"F"to the INCRMP). Preservation actions, with fire control as a priority, shall begin no later than six months after the effective date of this ordinance. [KI7] IL The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to preserve the major stands of wiliwili trees. [lam] 33. The applicant shall implement the INCRMP for the cave areas (Exhibit "E"to the INCRMP). -29- { [#Ili] KK. The applicant shall implement the Archaeological Preservation Plan (Exhibit"C"to the INCRMP), along with any amendments and modifications thereto as approved by the State Historic Preservation Division. E [NN7] LL. The Planning Director may approve modifications to the INCRMP conforming to the general purposes of the INCRMP, after consultation with the DLNR-DOFAW. [89:] MM. To ensure that the property will be developed as an integrated project,the applicant shall establish covenants to all deeds to any parcels, except parcels to be conveyed to individual residents,that require a master association to administer the development of the project district in accordance with the conditions of land use approvals. The covenants shall give notice that the various parcels are subject to an overall zoning that requires coordinated development. Until the master association is formed, the applicant shall be responsible for ongoing duties such as the management of the Dry Forest Preserve Area and other stewardship duties, and for contingent project responsibilities. After the formation of the master association,those responsibilities, except for offsite infrastructure requirements, shall be transferred to the master association. [RP—.] NN. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable on the sale or lease of residential units subject to such contribution. The fair share contribution shall have a maximum combined value of[$6,�'� '�2] $7,3$3.36 per multiple family residential unit([$9,°�Q] $11,506.13 per single family -30- residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential units) shall be allocated as follows: 1. [$3 :49] $3,642.00 per multiple family residential unit ([$44,4443] $5,548.46 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. [$99-.9-5] $115.11 per multiple family residential unit ([$232.42] $267.66 per single family residential unit)to the County to support police facilities; 3. [$307.46] $354.08 per multiple family residential unit ([$459:06] $528.66 per single family residential unit)to the County to support fire facilities; 4. [5137.04] $157.81 per multiple family residential unit ([$20:98] $231.45 per single family residential unit)to the County to support solid waste facilities; and 5. [$2,704.31] $3,114.36 per multiple family residential unit ([$4258:83] $4,929.90 per single family residential unit)to the County to support road and traffic improvements. The fair share contribution shall be waived for the affordable housing units. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to fire,police, and solid waste disposal facilities within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies -31- 3 3 J and approval of the County Council. With respect to the fair share contribution for parks and recreation, that contribution for all residential units will be satisfied when Applicant completes and offers for dedication all of the land facilities for the active use park described in Condition [6G "] "S" above. The fair share contribution for roads will be satisfied upon completion of the [Mid Level Read(Read 9 Read , University Drive Road sections 2A 2B and 2C) Kamanu Street Extension(Road 3A), Ane Keohokalole HighwM(Road bA) Kealaka{a Street Extension (Road 1) and Road 1 and their associated intersections. f [QQ] 00. Should the Council adopt a Unified Impact Fees Ordinance setting forth fi i 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. a i i [RR-.] PP. Comply with all other applicable County, State and Federal laws,rules, regulations and requirements. [S&] QQ. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Project District Ordinance. The report shall include, but not be limited to,the status of the development, [and] the bond status including the premium pgMents and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and approved by the appropriate departments and the Director,acknowledges that further reports are not required. -32- [ ] RR. An initial extension of time for the performance of conditions within the ordinance, [r ee t for-the ar-�eu' ro-aimit; "iditavac X.10,-]p] may be granted by the Planning Director upon the following circumstances. I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the Project District, 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time,the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. eomplete Read LL )) Condition"TT" are met, > in addition, the new deadline for the eenViefien 4 Read GL 11 buildings,is net Faer-e than twe (2)yeam after the eampletion of arty building,ineluding single family residential other than the University building-of -33- the I30iId ]" SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL M BER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: September 16, 2009 Date of 1st Reading: October 7, 2009 Date of 2nd Reading: October 21, 2009 Effective Date: November 4, 2009 kEFERENCEe Corn ou -34- ll. •• / f+' . 1► CTE / . 4.861 ACRES ll, • ! 71: 1. OPEN 18,43413 W "AKAH1PUU",,, Vve AGRICULTURAL(A-3al • 4 •r t t /1;i1;St�!?K�+�.c�f `TWO ' 'T=ice;=::?`„�j,•'rs•,"- '__ ot in�,�:iiiw!•���U�:ft�tl{/tt{itl����1r i,,, '�""'s'•It{tll�ii flttttrt, irltil �..�� .��j N'iiiiywt ttttlt tutu;C. • arrrn tt rl+t{11!Ift't'IOtu yiitiilttll{1Ut[♦� ��r�l 11►ptt:►.iWtN►aitt�s.rttla_Vit..,. ,...�. Nllttt. � tMiii�niii '++rartsls9btsdtt'i'1 *� /.asf�� :: ' � Iur ffutut t Nttl{I{t lltllru I�r�.��'—"� 11111 ..n.W"y''', Imm.� ' • ���{ttt'I+m: • ���u"�i3'all .9i irk,is a' _r y� ♦i lii•"%.r,; ir. u'IIII.iumt.',paya;r�/gµl.. :'\ \''�y,r.•i•': ?•: ��i..i ,'.y,-.Pure •.•• • •,•a•%:r:'• •�iU1-'*�..ai.......iriiiTnnt�L".ri,%riirr X17 ur•.'tt. 'nm a.i,.w.. ,: "e.': i tU Viols Itlt 1„r• N.Iif1,II111/1:':i�.,•.Ii�.:J... ii''7::•....::.�_' it���•.. - I .� •. ,rl��i��',�Sgtilil/'"tr-•l�'-�I�I/lltiilll:�1�•L•�_.,4t - to r��ij. i��n� i a.����q��-_ ls l'ls�\t��itii�Jullll:�T:'.T isTom ��j-. f ' '�,�',; � t.t.-•�R 1••RA .rgI:010 wou lltly pal � t• I 11^'' •,il.•'..r'�1♦ i1i7y.� J♦�I.IJ�' Is �•.,tr�.r YID. 1. OPEN• •11 11 7 •11 alMIA I .Ii 111 ♦. Mo / i i � ' / r • ': ii • a / 1 • a 1 • 1 / A • 0 ' OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii �'`'- (Draft 2) Introduced By Brenda Ford Cq,L F119Tnq Date Introduced September 16, 2009 AY , NOES ABS EX First Reading October 7, 2009 Enriques Published October 16, 2009 Ford X , Greenwell X REMARKS Hoffmann X September 16, 2009 - Postponed Ikeda X Naeole X Onishi X Yagong X Yoshimoto X Second Reading October 21, 2009 7 0 2 0 To Mayor October 29, 2009 Returned November 4, 2009 ROLL CALL VOTE Effective November 4, 2009 AYES NOES ABS EX Published November 12, 2009 Enriques X Ford X REMARKS Greenwell X Hoffinann X Ikeda X Naeole X Omshi X Yagong X Yoshimoto X 6 r77TI 1 0 1 DO HEREBY CERTIFY that the.foregoing BILL was adopted by the County Council published as indicated above APPROVED AS TO F3 AND LEGA lTY: COL--y UNCIL CHAIRMAN 5EPLITY CORPORATION COUNSEL COUNTY OF HAWAII <� ® _ 2009 COUNTY CLERK Date U Bill No 137 (Draft 2) ' Reference C-495 .13/PC-45 4pRrvverliDcsup oti�ed this dory Ord No 09 132 of �;;%L +__� 20 MAYOR, COUNTY CSF HAWAI'1 William P. Kenoi ®aN` °°F"ice L Mayor 4.•' ", BJ Leithead Todd 1V�a Y `= ,IdlDirector Margaret K.Masunaga Deputy ,ri'oc.wa�+ West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwyy •`• 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740ty Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 June 7, 2012 Mr. Roger Harris Palamanui P.O.Box 9007 Kailua-Kona,HI 96745 Dear Mr. Harris: Change of Zone No. 09-000094 (REZ-09-000094) Applicant: Palamanui Global Holdings, LLC Request for Extension of Time to Performance Conditions within Ordinance No. 09-132 TMK: 7-2-005: 001; Kau North Kona Hawaii This letter is in response to discussions subsequent to our meeting on February 1 of this year regarding the on-going development of Palamanui in coordination with the new Hawaii Community College campus and the need to address the status of compliance of certain performance conditions of the ordinance that established the Project District zoning district classification for this particular project area. We apologize for the time it has taken us to formally respond to your request. Change of Zone Ordinance No. 09-132, which established the Project District zoning district classification for Palamanui,was approved by the Hawaii County Council with an effective date of November 4, 2009. The following discusses selected conditions within the ordinance to confirm or address the status of its compliance at this point in time. COMPLIANCE 1. Condition K—Commence Substantial Construction Substantial construction of the proposed development shall commence within five (S) years from the effective date of the Project District Ordinance. ",Substantial construction" means the actual start of construction ofproject infrastructure under a bona fide contract of not less than ten million dollars ($10,000,000.00). Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall idents proposed structures,fire protection measures,paved accesses and parking stall, and other improvements associated with the proposed uses. Planning Dept. Exhibit w-ww.cgll lann�ggdeot,c n Hai va[i County is CRY Fqua(Opportunity Provider and Employer pla��� JON n i Mr. Roger Harris Palamanui June 7, 2012 Page 2 i We confirm timely compliance of this condition with the commencement of mass- grading activities for the Palamanui Town Center, Trade Center,Business Park and backbone infrastructure and the on-going construction of the Kamanu Street (Mid-Level Road), that combined have committed more than$10 million in construction costs. i 2. Condition V(2)— Construct Kamanu Street(Road 3AB The applicant shall construct the mauka half-section of a 120 foot wide right-of-way to County-dedicable standards as a two-lane road. The applicant shall construct the intersection at Kaiminani Drive meeting with the approval of the Department of.Public Works, The intersection shall include a left-turn lane on Kaiminani Drive. The intersections at the northern and southern end of this road shall have illumination. This road shall also be provided with a utility trench suitable for installation of future street lights by the Department of Public Yorks or the State Department of Transportation when such illumination is determined to be necessary. The construction of this roadway shall be completed simultaneous to the opening of the first building on the State land for the university of Hawaii or before July 31, 2012, whichever occurs first. " We confirm compliance with Condition V(2) with an agreement with the University of Hawaii for the construction of the Kamanu Street as detailed above and secured by $4.4 million reimbursement to the University upon its completion,funds currently held in escrow. 3. Condition CC(3)—.design/construct initial UH classroom/admin building (in-part) Design and construct an initial classroom and administration building of 20,000 square feet, with associated parking, at Applicant's expense. If the university of Hawaii design results in the cost of design and construction of the building and associated parking exceeding five million dollars($S,000,000.00), applicant shall be responsible for the five million dollars ($S,000,000.00) and the university shall be responsible for the balance. We confirm compliance with this condition by the University of Hawaii's acceptance of $5.2 million for the balance of design and construction of this facility,for which the University has accepted all design and construction responsibilities. EXTENSIONS OF TIME I. Condition V—Construction of Roads identified by General Plan&Kona CDP a. V(l)—University Drive from Queen Kaahumanu to Makalei Drive b. V(2)—Kamanu Street from University Drive to Kaiminani Drive C. V(3)—Inter section of Queen Kaahlumnu Highway and University Drive Mr. Roger Harris Palamanui June 7,2012 Page 3 The subcomponents of Condition V and the completion of specific roadway improvements are tied in with the completion of the University building or by a deadline of July 31, 2012,whichever occurs first, Improvements to the Queen Kaahumanu Highway-University Drive intersection is tied solely to the opening of the University building or completion of any single family homes within the Palamanui development. The applicant has demonstrated its continuing efforts and commitments to implement these roadway improvements either through its direct construction or coordination with the University of Hawaii. As detailed within its letter,the Applicant provides a discussion regarding the status of roadway construction drawings for the required road segments or the status of its construction. While the Applicant has made significant progress to implement these required road segments, additional time is necessary to complete these improvements; and we find that the additional time for performance is justified. Therefore, an administrative extension of time for the completion of roadway improvements specified within Condition V is hereby granted with the revised compliance deadlines detailed below: a. V(1)—University Drive from Queen Kaahumanu to Makalei Drive—March 31, 2015 b. V(2)—Kamanu Street from University Drive to Kaiminani Drive—March 31,2015 c. V(3)—Intersection of Queen Kaahumanu Hwy & University Drive—March 31, 2017 As indicated by the Applicant, the first University building is anticipated to be completed by July 31, 2014. Access to this building will be provided by Kamanu Street(Ane Keohokaloli Highway),whose completion is anticipated this year. The extension of time for this particular road segment is just a precautionary measure. d. Condition CC(d)—Complete Construction of University Building and support facilities This condition outlines various obligations upon the Applicant to construct the initial University of Hawaii classroom and administration building and provide access and utility support to same by a deadline of November 1, 2012. The Applicant and the University of Hawaii has entered into an agreement where the University has assumed the responsibility of design and construction of this initial University building, along with its wastewater disposal system. The University anticipates completion of this initial University building by July 31, 2014. The Applicant's continuing responsibility under Condition CC is to ensure the availability of water, electricity and telecommunication services to support this initial University building. Mr. Roger Harris Palamanui June 7, 2012 Page 4 We find that the Applicant remains in compliance with the requirements of Condition CC and that no extension of time is necessary. Performance conditions within ordinances are provided to ensure the timely completion of improvements as represented by the Applicant or required by the County Council. In this particular situation,the Council required the Applicant to complete the initial University building by November 1,2012. However, the University of Hawaii has assumed the responsibility for the completion of this building and the Applicant has funded its construction to the extent of its obligation under Condition CC with a contribution of$5.2 million, which includes the design and construction of its wastewater disposal system. Since completion of the initial University building is no longer the responsibility of the Applicant, the November 1, 2012 deadline as prescribed by Condition CC(d) is no longer applicable. We hope that we have addressed all of the items as requested in your letter. Please do not hesitate to contact Daryn Arai of this office at 961-8142 should there be any further questions or need for assistance. Sincerely, BJ LEITHEAD TODD Planning Director DSA:smn P:/wpwin60/dsa/2012/PalamanuiREZ-09-97TE.doc xe w/hr: West Hawaii Division DEPARTMENT PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII GATE: September 22, 2020 TO: Michael Yee, Planning Director FROM: Department of Public Works, Engineering Divisio SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-132 (REZ0 -000010) Applicant: Palamanui Global Holdings, LLC Request: Amendment to Condition S (Park Facilities) and Condition V(Roadway Improvements) TMK: 7-2-005:portion 001 Sorry for the delay. We have reviewed the subject request forwarded by your memo dated August 14, 2020 and offer the following comments for your consideration: Condition S (Park Facilities) We have no comments regarding this section. Condition V (Roadway Improvements) Roads which will be dedicated to the County and are designated as collector roads, shall have a pavement structure based on a certified pavement design substantiated by an engineer's soil report. Therefore, we can not accept the 2 inch/ inch/6 inch pavement structure in Exhibit A-6. Any landscaping or permeable surface (ie, shoulders) will need to be maintained by the developer or homeowners association via a landscape maintenance agreement once any roads are dedicated to the County. Regarding Exhibits A-5, A-6, and A-7 for Street Type 1, 3, 5, and 0 for dedicated roads, the trees, other landscaping, swale and shoulder areas are to be maintained by the Home Owners Association (HOA), the drainage features below the swale and retention basin should also be maintained by the HOA because the HOA's maintenance efforts or lack thereof will directly affect the performance of the drainage features and the retention basin. The bike path and swales will need to have a minimum 2-inch thick a.c. pavement to comply with our 2018 standard details. Planning o Exhibit V �t}taa»�cf'ttaac�s,5�r Equal t7Em;;rt�init? ('r,,,isi�r�ii1l E r.;7ha4°s'r + I i 1 3 Met-no to Planning Department Page 2 September 22, 2020 If at any time in the future, the owner decides to dedicate any of the private roads to the County,the entire right-cif-way will need to meet the minimum current r edicable standards at the time of dedication. If the HOA decides that they no longer want to be responsible for maintenance, those areas will need to be improved to current standards. j Phase I We have no objection to the construction of the extension of Road 3A from Ane Keohokalole Highway to University Drive (Road 2) during this phase. The improved half of the 120-feet wide right-of-way shall be in alignment with the County section approaching from the south. Improvements shall include but not limited to County dedicable standards for a two-lane road with sidewalk, drainage improvements, and street lighting. We recommend that the remaining 60-feet width of the 120-feet wide right-of- way be rough graded to avoid': any transition issues with adjacent properties. Dedication of the improved half of the right-of-way (separate road lot from the other half) may occur once that section of roadway connects to an open section of Ane Keohokalole Highway and shall be at no cost to the County. Dedication of the unimproved half shall be at the request of the County, occur no earlier than the dedication of the improved half, and also at no cost to the County. Phase_2 We recommend that University Drive (Road 2) from Queen Ka'ahumanu Highway to Ane Keohokalole Highway be constructed during this phase instead of Phase 3 in order to provide better traffic circulation to the university and the proposed Motel, proposed 30,000 square foot commercial development, and proposed 250 residential units to be constructed in Phase 1 and the proposed 200 residential units to be constructed in Phase 2. Otherwise, the only access to the development is via Ane Keohokalole Highway that has to pass through the intersection with Kaiminani Drive. We have no objection to University Drive from Ane Keohokalole Highway to the eastern edge of the development be constructed in Phase 3. We have no objection to the 88-feet wide right-of-way from Queen Ka'ahumanu Highway to road 6A and the 60-feet wide right-of-way from Road 6A to eastern edge of the development. Phase 3 We recommend that Road 3A from University Drive to the northern boundary of the development be constructed during this phase instead of Phase 4 in order to improve traffic circulation off of University Drive from the private roads and as an alternate route for the 200 residential units constructed in Phase 2. I I ounq of H:E:{,.-17 i;.an Equal f_1€1t.YlifEl'-., p!'t:i�ldtr and U7}3pk", :I t Memo to Planning Department Page 3 September 22, 2020 Phase 4 We recommend that the construction cast for Road 1 be bonded after the archaeological survey has been completed a.nd AIS approval has been acquired or construction has been completed either by the applicant or some ether entity or an alternative public road connection between the project area to Mamalahoa Highway becomes available. A right-of-way that has not been verified for archaeological artifacts may require re-alignrnent. We do not support reducing the right-of-way width from 120-feet to 88-feet because the road crosses private property. It is essential to remain consistent with the 120-foot wide right-of-way since Road 1 will be connecting to Mamalahoa Highway, The connection of Read 1 with Mamalahoa Highway should include 2 lanes in each direction so that each lane is independent of the other. Mamalahoa Highway may need to be widened to include a deceleration and acceleration lanes on the makai side of the road, and a turning lane in the middle of the road. The connection of Road 1 to Mamalahoa Highway is essential because the next east/west road is Kaiminani Drive which is approximately 2 miles south. As depicted in Exhibit A-5, we have no abjection to Road 6A being constructed at an 88-feet wide right-of-way since Road 3A is the primary road. This roast shall be dedicated to the County upon request and at no cost to the County. Kealaka"a Street extension (Road 7 on Kona CDP but also identified as connecting on the south boundary near the Eco Center in Exhibit A-5) can be reduced from an 88-feet wide right-of-way to a minor collector at a minimum 60-feet wide right-of-way with sidewalks and bikelanes on both sides. This extension shall be dedicated to the County upon request and at no cost to the County. Signalize the Intersection of Kaiminani Drive and Ane Keohokalole Highway We recommend that in addition to the other passible triggers, another trigger would be once DPS! receives enough complaints to warrant a traffic study at the developer's cost. Signalize-the Intersection of Queen Ka'ahumanu Highway and University Drive We have no comments regarding this improvement. Questions may be referred to Robyn Matsumoto at 061-8327. cc: ENG-KON Cuculr>Ot FLA l i4 alt E:kJU,,I Pio,0d,.-anti F rpk, k:r DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE:. November 10, 2020 OH PLANNING DEPT N1 TO: Michael Yee, Planning Director NOV 10 2020 :b RECD BY EMAIL.. FROM: Department of Public Works, Engineering Divisio SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-132 (REZ05-000010) ; Applicant: Palamanui Global Holdings, LLC Request: Amendment to Condition S (Park Facilities) and Condition V (Roadway Improvements) TMK: 7-2-008:portion 001 It is our understanding that the developer has proposed additional changes to the condition and timing of when Road 2 (from Queen Ka'ahumanu Highway to Ane Keohokalole Highway) would be constructed. The proposal includes the construction of a graded, tvio-lane, compacted gravel surface emergency access road during Phase I and if development occurs in that area prior to Phase 3, Read 2 will be constructed with improvements to serve as access to the new development. a We appreciate the timing elements added as follows: • A 20 year time limit for the construction of the Palamanui Project District. It has always been our concern that later phases would not be complete and the burden may be placed upon DPW to complete those roads. • Construction of the Queen Ka'ahumanu Highway-University Drive intersection and University Drive from Queen Ka'ahumanu Highway to Ane KeohokNole Highway shall be completed prior to Final Subdivision Approval for the: Business Park which shall be secured within 10-years. We have no further objections or comments to the Road 2 construction. All other comments from our September 22, 2020 memo are still applicable,. Questions may be referred to Robyn Matsumoto at 961-8327. cc: ENC-KON Coumy of Nawar;is an Equal Oppim4nity?rotidrr and E€np,oye 1 .17 ExhibItA. DAVID Y.IGE JADE T.BUTAY GOVERNOR r $# DIRECTOR Deputy Directors `,y � LYNN A.S.ARAKI-BEGAN DEREK J.CHOW ROSS M.HIGASHI EDWIN H.SNIFFEN STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION STP 20-113 869 PUNCHBOWL STREET STP $.3014 HONOLULU, HAWAII 96813-5097 September 9, 2020 Mr. Michael Yee Director 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. 09-132 (REZ 05-000010) Amendment to Condition S (Park Facilities) and Condition V(Roadway Improvements) Palamanui Global Holdings, LLC North Kona, Hawaii Tax Map Key: (3) 7-2-005: 001 (Por.) The State of Hawaii Department of Transportation(HDOT)has reviewed the subject amendment request and understands the applicant, Palamanui Global Holdings, LLC is requesting to amend Condition S and Condition V of the Project District Ordinance (PDO). The amendments are being proposed to make the project more financially feasible to develop; reflect the latest Palamanui Master(Regulating) Plan which has evolved over the years to be consistent with the Kona Community Development Plan (KCDP) and its Village Design Guidelines; align the construction of, and contributions by the Palamanui project with the planned University Village; and more accurately reflect current market demand and conditions, including traffic conditions. HDOT has the following comments: CONDITION V(ROADWAY IMPROVEMENTS): TIME EXTENSION FOR COMPLETION OF QUEEN KAAHUMANU HIGHWAY INTERSECTION AND UNIVERSITY DRIVE (ROAD 2) Background: The Request for Amendment includes the Palamanui Project Report dated May 2020, and the August 10, 2017 Traffic Assessment(TA)for Palamanui Project,prepared by Austin Tsutsumi _ &Associates. The TA is intended to update the project's 2014 and 2016 Traffic Impa Plonning Dept, _ i �1Q SEP 1 �-2 _�__ egr*13 5 9 Mr.Michael Yee STP 8.3014 September 9,2020 Page 2 Analysis Reports (TIAR), neither of which were provided with the Request for Amendment. There are inconsistencies between the Project Report of 2020 and the 2017 TA with respect to the proposed phasing of the University Drive and Queen Kaahumanu Highway intersection improvements. For example, the 2017 TA scenario assumes the University Drive and Queen Kaahumanu Highway signalized intersection is constructed in Phase II to provide the only access to the 30-acre Industrial Commercial land. University Drive would be extended further mauka during subsequent phases. The Project Report provides a rationale for delaying the Queen Kaahumanu intersection improvements (e.g.,traffic signal)to Phase III and cites the conclusions of the 2017 TA; however,this scenario was not studied in the 2017 TA. The reliance on prior TIARs for traffic conditions is problematic due to the recent completion of significant Queen Kaahumanu Highway improvements and changes in land use that could affect the cumulative impacts. For these reasons,the HDOT is not providing comment on the 2017 TA or prior TIARs. CONDITION V(I): UNIVERSITY DRIVE FROM QUEEN K.AAHUMANU HIGHWAY TO MAKAL,EI DRIVE: V(1) a. Construct segment from Queen Kaahumanu Highway to Ane Keohokalole Highway (Road 6A) in Phase III and extend University Drive to Makalei Drive in Phase IV. V(I) c.3. Construct the Queen Kaahumanu intersection improvements before issuance of a certificate of occupancy for any building within Phase III. HDOT Response: Regardless of the amended phasing for project, HDOT approval for a new access to a State highway is not fidly met until HDOT approves the Application for Use and Occupancy Agreement and Grant of Access to Queen Kaahumanu Highway. The materials provided in the Request for Amendment are not sufficient to assess future project-related traffic impacts by construction phase or mitigation for those impacts at Queen Kaahumanu Highway and University Drive intersection. Prior to the construction and use of any segment of University Drive, the applicant shall submit, to HDOT for approval, a new traffic impact assessment with mitigation recommendations for the project ficll build-out and project phasing. The impacts to the Makalei Drive and Mamalahoa Highway intersection in Phase IV should be included in the traffic assessment. The mitigation shall be approved by HDOT in writing. An Application for Use and Occupancy Agreement and Grant of Access, and construction plans prepared by a Hawaii licensed professional engineer shall be submitted to the HDOT District Engineer for review and approval prior to applying for a permit to perform work in State highways. CONDITION V(2): KAMANU STREET FROM UNIVERSITY DRIVE TO KAIM1NANI DRIVE, and CONDITION V(3)PORTION OF KEOHOKALALOE HIGHWAY AND ROAD 6A OF KCDP. HDOT Response: The amended phasing of the improvements under Conditions V(2) and V(3) would not have an adverse impact to State highways. CONDITION V(4) CONNECTOR ROAD 1 OF KCDP. Mr.Michael Yee STP 8.3014 September 9,2020 Page 3 The request is to postpone commitment to this improvement until the approved development density is increased. HDOT Response: The amendment would not adversely impact State highways. If there are any questions,please contact Mr. Blayne Nikaido of the IIDOT Statewide Transportation Planning Office at (808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. Sincerel JADE T. BUTAY Director of Transportation I I r 1X 2 Y D13"eciar 101 Pauabi Str,�it<;wits€1 la Hilo,142ivai i 96720 v 'isl_ 3i i v Fax 961- 1 ` Fm i1:p p,y p l��a�l� ���.�.`ci:���'.�'sre��s>�z�.�€��•i��,r�s-��x€l-r-�c€-��t;��,� M MORA�ldi.M . DATE: April 30, 20 1 g : Mr Michael Yea, director!Manning departr rent ATT N: Mr Sennett Mark f FRONAA 1�su C� c e`tt'a'tja , Director Department of Pars and Recretin RE: Kona CDP--Design Clanter Review / Amendment to Protect District Ordinance No. 09-132 Palarrianui Global moldings, LLC Ka.'u, leo ch lona, Hawai'i, TMKl ()7-2-005: 001 portion It is OUr und=er standi m that the Design venter, as established by the Kona Community Development Plan, requests our input on the subject rnatter. We have reviewed the revised Paiarrianui Master Plan with its representatives on several,occasions, the most recent time being or November'lir, 2018 That meeting focused on the revised Master Plan and Palarnanui`s proposed amendments to the reference � Project district Ordinance.wh:c,h also included conditions relating to parks, ;n sura, Paiamariui's proposed park.-related amendments were to, a) dedicate tic the County ur or to the issuance of the b °i ding permit fo=trite 251 st residential dwelling unit, a m niniLm or ler:(10j acres of usable!arid that includes a developed regulation � 'r„ah school soccer field, regulation high school ball field, comfort station, parking, clog pari and maintenance area inclusive of all necessary utilities and recreational amenities in a mariner acceptable to the director of Parrs and recreation and bj dedicate to the County, up:o�ss the County's request, ten t10 j additional Acres of usable land'Cir the-purposes of park expansion and the development of additional recreational facilities. These j additional lands shall be contiguous with the prior dedicated park lands and Shall be configured and defined in a. manner acceptable to tine director of Parks and Recreation, However. this dedication could asci occur concurrent with the ccmplet on and dedication of the first tan 01 acres of irripro ed park land, in concept, we have no objections to thetse pr C'owls. However, relative to the sn;aiier open space;lput>lsc .areas c:ontainec in tt-ie propo5ai, we woc_,,id not be receptve to its dwdioatisar to"he Co,rty to be piaced umder the r"aria` e meat of out departinerit. While these areas have Important vaiue to the future resdems and vas';tors to this area., they:sh uio be m, ainlairied oy the de.+eicper or appropriate homeowner's associaatlori which we understand is acceptable to the developer We irust that this s�,ffxic`'mny addresses the Design Center requirements_ it needed, we will supplement out comments 4 4'k hent the a IEG m?t'S s"s 4Jn St`?!(5 circulated for aiency comments by your office. Thank you very mu& CD+.,n y of Haemo!`!is an Egkj i rrovid�-r and`c:7pl*yzr, Planning Dent. Exhibit 0 DEPARTMENT OF WATER SUPPLY COUNTY OF HA `I 345 KF-KUANAO'A STREET, SUITE 20 MLO, HAWAI'l 96720 TELEPHONE (808)961-8050 FAX (808)961-8657 Septerriber 21. 2020 TO: Mr. Michael Yee. Director Planium,, Department Z: FROM: Keith K. 0karnoto., Manager-Chief Enoineer SUBJECT: Amendment to Change.of Zone Ordinance No. 09-132 (REZ 05-000010) Applicant—Palamanui Global Holdings LLC Request: Amendment to Condition S (Park Facilities) ,ind Condition V (Roadway Improvements) Tax Map key 7-2-005:Port.ion 001 We have reviewed the subject request and have the following corriments and conditions. Water will only be available subject to the applicant corriplying with the requirements of the Water Agreement and completion and dedication of the necessary water systern 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 VVIthin the project are subject to the performance of the well that is currently being repaired, The applicant has submitted an amendment to the existing I Water Agreement and is being reviewed by the Department. Should there be any questions, please contact Mr. Ryan Quitoriano of our "eater Resources and Planning Branch at 961-8070. extension 256. Sincerely yours. Kcith K. Okarnoto, P.E. Manaoer-Chiel'Engineer RQ:dfu copy — Palarn8-11L11 Global Holdings LLC 'Water, resource esource Ka 14,ai Xane . . 6 3 1 A Planniater, Our Atost T ng De-- ,,t Exhibit A The Department of Water Supply is an Equal opportunity provider and employer, I { DAVID Y.IGE � o�t BRUCE S.ANDERSON PhD, GOVERNOR 0:HAW,A1 �* t�sv q DRECTOROPH'EALTH f r -f STATE OF HAWAII DEPARTMENT OF HEALTH P.0,BOX 916 r(ILO,HAWAII 96721-0916 DATE: September 25, 2020 TO: Mr. Michael 'Yee Planning Director, County of Hawaii FROM: Eric Honad" ,A4— District Environmental Health Program.Chief SUBJECT: Amendment to Change Zone Ordinance No. 09-132 (REZ€15-1100010) Applicant: Paalarnanui Global Holdings, LLC Request: Amendment to Conditions S (Park Facilities) and Conditimi V (Roadway Improvements) TMK: 7-2s005:portion of 001 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules,Chapter 60.1,Title 11. State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph, 933-0401. Public Nater Systems: The Department of Health's Safe Drinking Nater Branch authority on drinking. water quality is bused on the definition of a"public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least Cif) days per year or has at least 15 service connections. All pubtic water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 1 I- 20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public eater system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department. of Health does not support:the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to derrionstrate and meet minimum capacity requirements prior to their establishment. per HAP, 11-2Q-29.5, titled"Capacity Demonstration and Evaluation," This requirement involves demonstration that the system will have satisfactory Planning 13 6 4 4'7 � Exhibit 1 I i� 1 II ,r Michael Yee September 25, 2020 Page 2 of 6 technical, Managerial and financial c:aperc itv to enable the: system to comply with safe drinking eater standards ;and requirements. Projects that propose development of new sources of potable water serving or proposed to serve a public water system must comply with the terms of HAR l 1-20-'29. This section requires tl-a.<:at all new public water system sources be approved.by the Director of Health (Director) prior to its use. Such approval is based primarily tap€gin the submission of a satisfactory en4gineering report which addresses the re:quiremeras specified in HAR 11-20-29. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories Division of the State of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the Director for dais submittal or additional tests required upon his or her review of the information submitted. All sources of public, water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source water protection plana for that source and activities which will take place to protect the source of drinking water. Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HAR 11-20-30, titled "New and Modified Public Water Systems". These projects include treatment, storage and distribution -systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of Nater or Water Supply has been delegated to therm. All public water systems must be operated by certified distribution system and water treatment: plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public Water`~system Operators". All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of w=ater from the non-potable: system to the potable system. The two (?) systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow prevention devices to avoid contaminating the potable water supply. In addition backflow devices must be tested periodically to assure their proper operation. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 1 1-21, titled Cross-Connection and Backflow Control is also required. All projects which propose the establishment of a potentially contaminating activity (as identified in the Hawaii Source Fater Assessment Plan) within the source water protection area Michael Yee September 25, 2020 Pac,e 3 of 6 Pa` ,e an existin!L,Source of water fora public watersupply should address this potential and activities that will be implciriented to prevent or reduce the potential, foi contanunation (if the drinking water source. For further information concerning the application of capacity, new source approval, operator certification,, -source water assessirient, tiacki'low/cros.s-coniie.ctioti,prevention or other Public water system programs, please contact the SDWB at 596-4258. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on August 14, 2020. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance '41- Any project and its potential impacts to State waters must meet the State's-, I Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and.protected-, Designated uses, as determined b the classification of the receiving State waters-, and 31) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification (WQC) is required if your project1activity: - Requires a federal permit, license,certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12). and 502(6). Examples of"discharge:" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water- solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, cone rete/sealant/epoxy. and washing/cleaning effluent. Determine if your project/activity requires a federal permit., license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Departrilent of the Army (DA), U.S. Army Corps of Engineers (COE'), Pacific Ocean Division Honolulu District Office (.POH) Tel: 808-435-4303; U.S. Environmental Protection Agency Tel. 415-947-8021; Federal Energy Regulatory Corrin nfission Tel, 866-208-3372, U.S. Coast Guard Office of Bridge Programs Tel; 202-372-151 1). To request a Section 401 WQC, you must complete and submit the Section 401 Wt C application. This application is available on the e-Pert-nitting Portal website located tet. : Please see HAR_chapter 11-54 for the State' Water Quality Standard,, and for N-fichael Yee September 215, 2020 Page 4 of 6 more information on the Section 401 WQC� HAR, Chapter 11-54 i� available t,)n the CWB website at: • National PlAlUtUnt Discharge Elimination System (NPDES) permit. craw rage is required for: -Storm water associated with construction activities for land distUrbaft-ces (it' one (1) acre or more, Land disturbance includes, but is not limited to , clearing, grading, grubbing, excavation. demolition. cl uprooting of vegetation,, equipment staging, and storage areas. -Storni water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 1221,26(b)(I 4)(i) through (ix) and (xi), -Storm water and certain non-storm water from.as small Municipal, Separate Storm Sewer System, -Discharges Of Water Pollutants into State Surface waters. Examples of these discharges cooling include, but are not limited to,cooliwater, hydrotesting waters, I I dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, Z-1 herblcide,s, fungicides, rodenticides, and various other substances to control pest) to State waters, An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit., you must complete and submit the NPDES individual permit application. This application is available on the e-Perrnittimz Portal website located at: A Notice of Intent (NOT) for coverage under a specific NPDES general perruit must be submitted at least 30 calendar days be-fore the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOT. The NOT is available on the e-Permitting Portal website located at: Please see HAR. Chapter I 1-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in UIAR. Chapter 11-55, Appendices B through M, HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards, Michael Yee September 2�, 202() Page 5 of Monitoring • EftIcaent discharge aradior receiving water naoni:tori.n.! naay be -equired as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with eater quality requirements contained in H AR, Chapter It-S andlor permitting requirements specified in HAR, Chapter 1 l-5 i may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations- Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the. Clean Water Act. For more information on projects and funding opportunities, please visit ,. If you have any questions, please contact T1s. Joanne Seto, Supervisor of the Engineering Section, CWB, at (808) 586-43M Construction activities must comply with the provisions of Hawaii Administrative Mules. Chapter 11-46, "Community Noise Control." f. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the males and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: Any comments n . z specifically applicable to this project should be adhered to. 3 i 3 Michael Yee Serptenther?5. 2020 Pale 6 of `i"lie same website also features a Heatth:y Comn-lenity Desiin Smart Grow0i Checklist i (Checklist} created tory Built Eaviroara rpt.Working Grow WG) of the Ha ali State Departi-rient of Health, The. BEWG recon,i -ends that.state and county planning departments, developers, planners. engineers and other interested parties apply the healthy hriilt e<nvirom—hent principles in the Checklist whenever they flan or review new developments or redevelopments projects. We also ash, yatt to share this list with ethers to increase community awareness on healthy cornMUnity desicyn. 3I 3 I I 3 I 3 3 3 3 ti I I a 3 I 31 3 i 1 I 3 i I j i 3 I 3 i 1 3 I i 3 3 3 i I 3 i 3 i €ori, Ashle 3 From- Stephen Raymond <Stephen.Rayrmond@ert.com> Seat: Monday,September 28, 2.02€3 2:19 PM I To: Planning Internet Mail Subject: Palamanui Supportive Testirnony: I I 3 3 To the Commission Clerk: From the vantage point overlooking almost all the land adjacent to the Palamanui campus over the past few days, I've had a chance to imagine the impact of j the Palamanui development as presented in a slides shared recently with the current 3 3 Board of Makalei Estates. Count me as an enthusiastic supporter. I know some of the hurdles and challenges that Palamanui, Guy Lam and associates faced in successfully developing Makalei as an agricultural community some 20 years ago. Developments really can add to the environment if done properly. The vision for a community centered around the college for extension and appreciation of Hawaiian culture and education will clearly be an enhancement. Students can live near a campus, visiting researchers, scientists, cultural leaders, etc. can meet where they will be inspired to contribute to the community and future of this island. Fids will enjoy the planned park. And I think we can expect from these developers that we won't experience through traffic, bright lights, or loud noise. I For us at Makalei, the nearby access to some shops and restaurants in a mixed community would be appealing. I recall the unfortunate proposition by others to put in a drag strip and race trach. It's as if the "empty" land serves as temptation to make things worse. That racetrack proposal seemed to me a contradiction of the spirit of the land. The Palamanui College community is the opposite—it will enhance and enrich life. And it aspires to help shape the future of the Island in ways that will also bring some aloha to those folks who live on the mainland. From my experience with Roger Farris and Mr. Lam, I know you have kept your word I and have extended yourselves to ensure the infrastructure (water, power, roads) serves 1 Makalei dependably and aesthetically. I trust our neighbors who know something of l these contributions will not only feel some admiration for the plans you lay out, but some confidence that you will succeed in delivering on the commitments you mare. I'm glad to look forward 20 years and to endorse your vision. 1Planning DeDt. Exhibit I 3 3 I Aloha n i, --.Steele Stephen A. Raymond i Past President Mak'aiei Community Association 72-4088 Pa Kul Ui Drive Maka[ei Estates Iona i 6175491229 I 3 33 i 3 LI I3� '3 I 3 3 as 3 I I I r I i I 'i Mori, Ashy From: Aaron Stene <aaron aaronstene,net} Sent: Friday, October 02, 2020 6.07 PM To: Planning Internet Mail Cc: Yee, Michael;Surprenant, April Subject: Palamanui Global Holdings LLC's Request To Amend REZ 05-0010010 Importance: High Aloha Leeward Planning Commission members, 1 wish to make a public comment pertaining to Palamanui Global Holdings LLC`s request to amend REZ 05-000010. As far as I understand,the condition that Palamanui has to secure funding for the mauka to makai connector road has made this project financially unfeasible. I agree the need for this roadway extension isn't needed at this time,especially since Patamanui has adjusted the overall phasing of this project. This is why l propose the following condition changes: 1. Palamanui conveys the right of way for the mauka to makai connector road to the county 1a.This would be an acceptable trade off for the community and Palarnanui for reasons stated below. 1b. Palamanui has already expended roughly 22 million dollars on infrastructure improvements for the University of Hawaii Palamanui Campus without receiving any financial return on their investment 1c. Palamanui will be constructing a 10 acre public parts that will be dedicated to the county 1d. Palamanui has adjusted the phasing of their project, so the need for a mauka to makai connector won't be there for at least 10-15 years, but there will be a need to increase north to south traffic circulation in the meantime. 2. This is why Palamanui should financially contribute to the construction of the future Ane K. Highway Phase III instead (between Hina-Lani Street and Kairninani Drive. 2a.This proposed highway project would benefit both the public, but also Palamanui. 2b. It would ease the peak hour traffic congestion on Hwy 190(Mamalahoa Highway)and also improve roadway connectivity to the Palamanui project itself,which the proposed mauka to makai connector road between the project and Hwy 190 won't do. Sincerely, Aaron Stene Aaron Stene aaron@aaronstene.net 808-333-0996 Planning . 136535 Exhibit Kona = Kohala CHAMBER OF COMMERCE October 14, 2020 RE: Palamanui Development Dear Chair Carr Smith and the Leeward Planning Commission, The Kona-Kohala Chamber of Commerce is a 501(c)(6) non-profit organization with nearly 500 member businesses that represent a wide range of industries in the private, non-profit and public sectors in the Kona and Kohala districts on the west side of the island of Hawaii. Our mission is to provide leadership and advocacy for a successful business environment in our region. After advocating for a new West Hawaii campus for decades, Hawaii Community College— Palamanui was opened in August 2015. This campus became a reality through a collaborative effort that included significant contributions from Palamanui Global Holdings. After five years, this campus provides educational opportunities in programs such as liberal arts, Hawaiian studies, culinary arts, nursing and natural sciences. Additionally, the campus is home to the University Center, West Hawaii that offers over 60 degree and certificate programs including graduate level studies in business administration, education, healthcare and social work. The Kona-Kohala Chamber of Commerce supports the growth of Hawaii Community College- Palamanui's campus, programs and staffing. We advocate for the expansion or establishment of programs that feed directly into the region's key industries including the visitor industry, agriculture, aquaculture, astronomy, aviation, business, education, healthcare, marine and STEAM (science, technology, engineering, art & math) endeavors. To continue to grow and thrive, the campus needs the surrounding Palamanui development. To achieve this, Palamanui Global Holdings continues to work toward this goal. This development would not only help the college, but also provide jobs during construction and housing for our community. The community benefit from the completion of the campus is evident. Now, it's time to complete the surrounding development. The Kona-Kohala Chamber of Commerce supports Palamanui Global Holdings request for amendments. Sincerely, x4l_�Z__�aM_dj Wendy J. Laros, M.Ed. Executive Director, Kona-Kohala Chamber of Commerce Kona-Kohala Chamber of Commerce 75-5737 Kuakini Hwy. Suite 208 1 Kailua-Kona, HI 96740a Ph. (808)329-1758 Fax(808)329-8564 Planning info(@kona-kohala.com I www.kona-kohala.com Exhibit—lb I t Office of the Chancellor I Y ophg4. p UFltVER5[TY of HMVAI'1- HAWAI,;% F 4 � r �'yna.txt I COMMUNITY COLLEGE October 13, 2020 Email to planning tr hawaiicounty.gov Reference: Proposed Amended Project District Ordinance 09-132, Palamanui LLC On behalf of Hawai'i Community College, I like to express our support for the proposed amendment to the Project District Ordinance 09-132 by the Palamanui LLC. It is my understanding that the proposed amendment would 1) outline a phased in development plan; 2) develop 10 acre park and convey the reamining 10 acres to the County; and 3) defer construction or bonding of the connector road until 900 residential units are built. The proposed development of the Palamanui project is an integral part of the College's Palamanui campus. The planned amenities of the project's business park and its potential residents play an important part in the implementation of the campus` academic and facility master plan. Palamanui since its opening in 2015 has seen considerable enrollment growth as compared to its prior location at Kealakekua mall. It has proven that there is demand for post- secondary education to the west side of our Island. However, students for this campus are limited with opportunities necessary for them to thrive. This includes options for housing, food, mobility and transportation. The Palamanui development project will be able to fill these needs and open more options for our students to succeed. Hawai'i Community College is steadfast in its role in serving all segments of our Hawaii Island. We anxiously await our Palamanui development neighbors so that we can further expand programs and offerings for college and career opportunities for this part of our Island. We appreciate your time and consideration. Mahalo nui. Sincerely, Rachel Solemsaas, Ed.D Chancellor cc: Raynette Haleamau-Kam, Interim Director Palamanui Campus 1175 Manono Street Hilo,Hawai'i 96720-5096 Pl4 Telephone:(808)934-2503 n n i n to Fax:(808)934-2501 ® wwtiv.hawacc.hawaii.edu Exhibit An Equal Opportunity/Affirmative Action Institution JOHN M. KNOX & AS'-oOCIATES INC. TESTIMONY OF JOHNM. K O , PH.D. ON PALAMANUI PROPOSAL _ Hawai'i County Leeward Planning Commission, Oct. 15; 2020 Chair Smith and Commission members, I'm John Knox, a consultant for Palamanui LLC. My testimony is taken from the summary of a report we prepared in 2014 and early 2015. That's obviously been a while, and I should acknowledge that I've not been much active in Kona since, but the report's co-author Dr. Gregory Chun has remained very aware of Hawaii Island and University issues. However, my company John M. Knox & Associates was involved in assessing economic and/or social impacts of West Hawaii developments since the early 1980s. We prepared original assessments for the HOST Park at NELHA, Mauna Kea, Mauna Lani, Waikoloa, Kuki'o, and for an early version of the Palamanui project when it was known as "Lands of Kau." The overall purpose of our report was to assess socio-economic costs if the proposed Palamanui University Village project does not proceed (and/or is delayed indefinitely). With the help of Dr. Gregory Chun, we looked both at some basic economic numbers and also at more qualitative opportunity costs. Perhaps our most fundamental conclusion is that the new University campus will make little sense if it stands in isolation with no adjacent support community, but there are other issues as well. Planning e Exhibit SCANNF 1001 Bishop St.,Suite 2850•Honolulu,HI 46813 USA■Phone(808)523-1352•Fax(808)523-1353 061 8!`� i'�2 2021 ww E-Mail jmk!tJohnmknox.coni'Web w .johnmknox.com ( V S u John ,x&Associates, Inc. Oct. 15, 2020 What is at stake in terms of measurable economic impact? First, we looked at the economic value of the developer's spending on infrastructure benefitting the campus and/or the wider community — water system, access road to the campus, other direct funding to the University. This has totaled $21.6 million in 2014 dollars (which translates to about $24 million in 2020 dollars). With "ripple" effects, that's $51 million 2020 dollars in economic activity, $16 million in household income, and 339 full- and part-time job- years — almost all of which will be in Hawaii County. Second, we looked at original studies for both the private University Village project and the next phase of campus development, and updated results into 2014 dollars for the report, but I'll again state them here as approximate 2020 dollars. In addition to more than $550 million dollars in total construction output — and 1,840 operational jobs at build-out — the analysis suggests the County would receive $39.2 million in net tax revenues each year when the University Village project is built out. For the future campus expansion, the University's own original study indicates what is at stake are $39 to $42 million (2020 dollars) in direct construction-related economic activity (twice that with "ripple" effects); 100 FTE direct operational campus jobs with higher average earnings than at present; as well as $31.5 million annually in economic activity at full operations (2020 dollars). We scoured the literature and contacted every major national collegiate planning organization to. see if we could find any example of a successful campus with no support community. We could not, and every organization or planning expert we talked to expressed grave doubts that this would be possible. We also talked to West Hawaii Testimony of John M. Knox, PhD, on Palamanui Proposal Page 2 I i ! g- John Ml , ix&Associates, Inc. Oct. 15, 2020 neighbors and community leaders and identified a number of other potential opportunities at risk if the project does not move, though these may have changed in the years since. In the words of Eric Crispin, former Oahu Planning Department director and also former UH-Manoa director of Physical Management, "the right mix of neighborhood commercial is crucial for the college/university to survive." And "from a land use perspective, [lack of a support community is] simply bad planning and provides for a poor quality of life ..." Testimony of John M. Knox, PhD, on Palamanui Proposal Page 3 RPa1ainanuiAmendPD05-10.doc 11/11/20 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. 09 132 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 MCN (Industrial-Commercial Mixed) located just north of the University of Hawaii- West Hawaii campus ("UHWH"). One of the short-term objectives of the Palamanui Development was to help kick start the development of the UHWH, with the goal of creating a university village that consisted of a university and a community. Palamanui has already invested more than $22 million towards the construction of the UHWH and related infrastructure in a cooperative undertaking with the University of Hawaii. Palamanui's work and expenditures that have directly benefited and/or supported the UHWH include: • Funding$4.4 million for the completion of a new road from Ka'iminani Drive to the new University Drive, which is identified as Road 3A in the Kona Community Development Plan ("KCDP"); • Funding$5.3 million towards the construction of the first phase of the UHWH campus, including a$700,000 contribution for an environmentally superior wastewater treatment system on the campus site; • Designing and constructing an $11.55 million water system to support not only the Palamanui project but future growth of the UHWH campus; and • Installing power and cable to the UHWH campus at a cost of$400,000. The UHWH opened its doors in Fall of 2015. Palamanui hopes to develop its planned University Village which will provide support to the UHWH, as well as to continue assisting with the direct development of the UHWH campus. However, its financial ability to do either has been constrained by some conditions of the Project District ordinance. 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 e 20 aefe park siteprior-to the issuanee of the building ,mit for the 10 i si single family or-multi family fesideee within the Pfejeet] 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 251St single- family or multi-family residence with the project. The remaining ten(0) 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. [The 20 aer-e etiye park site shall inelu4e, S) One Pony PS„J League baseball softball field i eltd;ng- a) A regulation haekstop, hl A Y g latt d,, .,,,t fnY e h 'd f the field; e) Poi4ahle hleaeheYs t„ neat of 50 1, Vf 1 Vi LUViV V1VUV11V1U lV UVU�U minim-um Vl J�FJV � hl her- one hl h or-eaeh f the sidelines; 7 Appropriate t ate fe ein to p-ofeet the s eel t alb 1> j e) Appropriate e en t„ r-oteet the teams; vfip f) G'e,teing the pei4 eeY of the baseball field; LJ t g) ADA weessible pat"��,s to r-eaeh the baseball softball field, f;-o tet the parking h) Tela t,t o ss for- a t of field; ,i II ,,.11.,11 V1 grass 1V1 uYYrvYriurti ^ , An yl- ; gatio system ;„stalled for-t1 playingfl l Lf Z II 2) One Little League baseball softball field ; eluding, z.TvLly I..zcc A) uaY g latio haekst„ta• A , hl A Y „ttlat;,,t, d-g t fea--eh sidefthe field; e) Pe ftahle hleaeheYs to seat a of 50 1 V f 1 V1 LtAV1V VIVGLVIIV bl h hl h h f tt, d V l ; d) Appropriate fencing t Yeteet the s e t t e) Ap ate fo g to „feet the teams; f) 1~et•leing the per-meter-of the h s hall field; g)ADA s_h_e pathwaysto __"eh the baseball .. f+h»ll field f;-.,m the paYlc;t,g areas; n' -3- h,I I .� f gr-ass for-appTopfiat�e-as of the eld;and i) n ifFigKtioL system installed for-the playing field, , ',,.. 3) One fegulatien adult/high sehool sooeef field that shall inelude� u) n„rtable bla „hos to seat a of 50 i, l i VLLKVly Vavuv vaJ V Jvu4 u 111i1i11iiU1ZZper-sons 1•,1 1, b 1 f 1 f'the sidelines; Kv11La one1VUVllv1 1Vl eaeh b) ADA sill a pathways s+ 1, theseeeer-field{tt Vj L>LZ1 � vvVV1 VaV tl lYYTK}'J LV 1VUVZS L11L.i rk o) Ula..omeat of glass foo a ate areas f'the field; an t vJ > iKvvialval4 VL �1 UJJ 1V1 U�?Jr� d)An in4gation system installed f the soeeer-field, ) One standard size dog park 5) One eomfeft station, 3 0x feet, lighting, ate-,and ADA compliant roatr-oo n fee l;ties and ADA a a•b,l pathways fw vVlllt./11 Klll 1vJL1VV311 SUV Fom nfk ng a nsti-aeted t„ f`� t' d la d the NKaa>11a� area, vvalJ 4a KVLVLL LV Jpvvllivui loeations to be determined by the depaftmeat of parks and til One n KYed par-king lot with 46 full so parking stalls and n t an a ible ADA pa-46fi, stalls foo a total of 60 paved 1 stalls KVvvJUa VaV L>1l1>�J KL 11111 JLUZSJ S eonneeted by ADA aeeessible pathways to all aetivity areas of the pafk t,ardened YY,.t1, fo e n d . + that unauthorized p � level YY 14 111 ia11U U gate Y.ehieles eai3not a o s the nark ft 1, Llll�ly , with the speeifie r-equifements to be detefmined in eensultalion with the Department of Parks and and the eounty shall aceept 7 d o�� Phase I improvements for this 14 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. -4- 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 [to the proposed Ale uVV1VZGiI✓�uCk PCtY' �l vl (Rea CDP „ Figuren 3)], University Drive vtin 1. Kona nor., [0)] (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 protect property. This roadway shall be dedicated to the County upon its completion. The section of this roadway from the Queen Ka`ahumanu Highway to [approximately Kona CDP) iR4er-seetion with Univefsity ] 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 [simultaneous to th. VpVlllllg Vl+LI11,�offirst building e straete n the State land for-the University+J f H '' mere- uly31, 2012,- v4iicheveaee-ur-s fi ] as part of -5- Palamanui's Phase III improvements and prior to the issuance of a certificate of occupancyfor or any building within Phase III. The remaining section of this roadway from the [Kamanu Stree-t� ] 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 of the fifst building x, stf ,.+ ,a on+1, State 1 a for-he 11111 V V1 J+l l,' of 11 CC V V issued fbf an ,peft o f the stibje.++.1-ll�.+oi-+i,of then l +i 1JJ4AV11 1V1 {.lyyllJ'/(��1/V1 G1 V11 Vl y111� /� of .IHS,single family r-esi Oril+ta heff � � Y +] 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 County[-]dedicable standards as a two-lane road. The applicant shall construct the intersection at Ka`iminani Drive meeting with the approval of the Department of Public 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 thirty thousand (30,000) square feet of commercial area and more than sixty (60)hotel units; or whenever the Department of Public Works reasonably determines it is warranted. 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 [(b)] (Road 3A- Kona CDP Map and Road 3A of Applicant's Master Plan, Exhibit A-5) within the property shall have a right-of-way width of 120 feet. The applicant shall construct a half-section, two-lane road, within this 120-foot right-of-way to County-dedicable standards. [Thi-s Foadw y shall be designed to function a a portio of a future fead (Read I Kona-CDP) F+oZISSeeCII7PPT'Ayr 190 with-IISLIYVT72l.y rho and the Queen Tra' h„w,,.,.,,, 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 County fequir-es ;t to ^ e with Rea1 (rr,,n CDP).] Ane Keohokalole Highway [(6)], 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. [Appliean4 shall eenstmet Read 1, at its sale expense as a two 1 County de IeabZe e„lleet,, road, including s,o ldefs and n Y1 The final�. esiR, and maximum grade of Road 1 shall b deteFmined by the Di.-eetef of P 1.,1' Works f+ eonsultation wi+1, the yPl. Director-. T1, h + 1, ll +' + ulZllat�L11 7-.-��TC�RT72-7ST[TTS'Ti4IlTLIITCCi-1-1Tc1-1'(11'{:[Col�' � ofk for theeme of Read 1 eludi fk preparatory +ll, f + ...,......... design vl llvllu 1� iuvluullig Yv'v1Z>,ul� vvllll ells. �.-vurzly of Hawaii to seeur-e the .sl.t of. f Read rl 1 aefess State f 14aw.,i'i lands an providing i,-Yf.,,-.,-.atio neeessar-y for-+l, G + 1 l u r r ul 1 lands of 14awoi'i to .v e e r .s-l.t of j w- � F. >.rtely owned vl llur the l4 , �1+,.,hea t shall iiot be required to install utilities Or-streetlights-, L 1tJtJ11VUZZ1 Jllli exeept that streetlights shall be installed by the applicant at the intefseetion with Highway ay 1 nn The f-etmty shallbtain the iaevei.i u'� t of way outside of appheant's pfepeft�- f"l,,, pletio „f Road 1 will ben rod by bond o athef n rity V Vllll./lV llv v meeting yements will be e .lete by the deadline f` .1 t1,' ...ar..v�vi..vli 1V r♦... Vv vViiil✓ivlvU V�' L11V UVLLUlllle J�JVVZIIVU 111 Li11iS cenditionThee or etherscc=r+y-uhallb��pT^=zccu-piivrtv-tr c granting of 1111{11 JLLVUl YI single family loth The . „lion„+ shall eamplete Road 7 no 1 + ef extension o f ConditionR 1, ll 1 apply to ,7 1.1 tllviiV1V11 tl1V YlU1V11V V 1111 J1IU11 ul�[,TJ 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- 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: [3: At the westefa(ma`ai) end-6f Miakalez Dr-i` e,the-applicr`nt sha to safety; „+n neeessar-y to make ., of tfansitio, to Univer-sity Drive (2), whieh may inelude,but not limited to, fumble stfips and establishing super- elevation for-the eufve, as ,­­red by the Depaftment of Publie We4B, Makalei Drive cs-urirc-ivr-road" and will not-ori+-open rto the puIIni-e as a thfough street until Road 1 ; opened for-p bl' 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- i S 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-roam 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 i by Palamanui. Based on this conclusion, the applicant believes placing the responsibility I of constructing Road 1 solely on Palamanui is not proportional to their project impacts. -11- i 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 i Phase I would be constructed just north of the UHWH campus to help facilitate 3 and support the growth of the University. Construction would commence within 3 two years of receipt of all necessary development permits and be completed within five years of the commencement date. • Up to 250 residential units, I • 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 3 commencement date. • Up to 200 residential units, j • 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 Keohokdlole 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 Mdkdlei Estates. • Road 6A would be constructed. • Road 2 (University Drive) would be extended to the eastern property boundary to connect to Makdlei Drive, which is a private roadway owned by the Mdkalei 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 901St 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 stems. 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. -14- 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% mile apart for subdivisions within the Urban Ara. Subdividers shall provide for private maintenance or pay a fee pursuant to BICC Chapter 8 when required to provide neighborhood parks. -15- 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 Keohokilole 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 IRAN-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: Official Transportation Network Map. The Official Transportation Network Map shall show proposed transit routes, proposed arterials and collectors, andpedestrian/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 of potential impacts from these projects. As applicable,permit approvals (e.g., rezonings, subdivisions,planned unit developments shall require the dedication of the rights- of-way andlor 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 TZAR, 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 v (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- 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; J) 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 TRAM-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- I i 4 t subdivisions shall be 800 feet, unless unfeasible due to natural i 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 TRAM-2.1(1)Maximum Block Size and Policy IRAN- 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 satisfactory future 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. b. Connectivity. In the Kona UA, all new roads that will serve as part of the interconnecting roadway system shall be dedicated to the County. 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 Official 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 S1b), Condition Vlc3 (new Sle3), Condition V2 (new S2), Condition V3 (new S3), Condition V4 (new S4), and the addition of Condition V7 (new S6) with modifications,in 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 1b): This condition relates to University 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 3 Ka`ahumanu Highway to the extension of Ane Keohokalole Highway (Road 3A extension) would be completed prior to occupancy within Phase III, and the i 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 I with the Ane Keohokalole Highway being the only access into and out of the Palamanui project until Phase III. Kona CDP policy IRAN-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 i 2017 Traffic Assessment indicates the Ane Keohokalole Highway and Ka`iminani Drive-Ane Keohokalole Highway intersection can accommodate the traffic a 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`iminam 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 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- 3 1 subdivisions north of University Drive are proposed to be built during Phase Il. This would provide better connectivity between the local roads within the 3 I subdivisions and adjacent collector roads. 3 The unimproved right-of-way can be landscaped with grass and used as a I passive recreational or civic space where farmer's markets and other similar 3 temporary uses can occur. No permanent structures, except for utilities, would be I allowed in the unimproved right-of-way. The unimproved right-of-way would be dedicated to the County at no cost upon request. 3 I 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`iminam 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 3 -23- I 3 i 3 existing condition. DPW also recommends intersection improvements at the Road i 1-Mamalahoa Highway intersection; however, Mamalahoa Highway is under State DOTjurisdiction so the applicant will need to provide intersection improvements as required by DOT. Lastly, DPW recommends an approved 3 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. i i Delete Condition V6: This condition requires safety improvements on i Makalei Drive to provide a safe transition at the point where University Drive I 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 3 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 I 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. i The applicant requests adding this condition to specify that Road 6A shall be a -24- j I3 ;I S3 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 Q 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- i 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 i 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 3 authority to the Planning Director to approve changes to the Regulating Plan that i 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 Subdivision Code and Zoning Code referenced in the condition are for an old, 3 -26- I 3 E� outdated Master Plan and therefore are no longer relevant. To implement the i 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 i the smart growth concepts described in the Kona CDP such as compact building design and mixed land uses to create walkable communities; therefore, variances i from these codes will be needed to implement the Regulating Plan. Section 25-6- j i 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. Conditions O and Q 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). a The applicant's most recent Traffic Assessment was completed in 2017, prior to i 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 TRAM-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 IRAN-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 i 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 i 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. 09 132 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- I i oJMty oc N,� Ji COUNTY OF HAWAII STATE OF HAWAII �>e'cF•H►�M BILL NO. ORDINANCE NO. P a V)A I 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 [(289 Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. -1- 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 1 st Reading: Date of 2nd Reading: Effective Date: -2- tt: +�T t' , ► DISTRICT(PD) :p4..861 ACRES ti. ` t0, r • l it. ; , . l. . . OPEN .Mwo -�. wr — WSM w+•a••�.�R7IVA .T• AGRICULTURAL l 'r ' t1iL1711:� �* l 1trluu�". ;10 IIIc i►b glln"' .� ':•arW,.,':�iiIt, Alis__ ►. iiitis fftftlU{►u ltft[tt;ttft,tiiii►i=`• ' ittt tC1� 11Yillt[{a►i►gjA{t 1"-:tftUta\r7��3*11Vt11:[;,iftt{;Vit'fi[[Ut81...,1...1,,,...t,,,...��� '' �■��. U%ttUpµptt�i,ttpt♦iif{'it;tj8[titaitl{{Is♦:\.\�,1>♦ I/1/1 tputppot. ' igifmiL111{1►lfl�rr�t,,,. .•�''i°� rIi!n! 11ta1nn!!1'Mr'�i� :`�� ��1^.1�� o�•�*;��c/,�..�..i dui-rot:....F �-�•r��.�lr.rryttJrlpL» •' Ul.•+�u'art;`.le,�.•s�*1p���m���• ur�'r:.,.!'�'...i: '* la�.:+.VPi'71.:�•.; � .amt"•t-q y�il .:.i�'yD ' �N•:garg"t%"A "=i'0"•\_<WJYi►:�?' ..- H:Y•--/NJ)'ttt 4'.M,''��:''llHi..t•:� aa��t`t"�it� `i,'��.i si�i:7iNtl.f1• itnJlntul..�:.�iaiatl,�2i /.Iy H.Ir/lfrg11114t atffllf1I111Ii/:::�:a.i•:�J•.��'��"�`• •• ^"11,�:'a_. ti_ .•' �� ��+ .� �+.al+Hepttry+�ii•��?•.lnmmu•':1_L_!-.. ... .fIwo il:inn•j•.i�nanunawifiini.,o•�.iw'a�y���1��4 fK i - •' �.=ice:�r�`��r'i fi\i�ri5�;=lu....pfnu�.-ai MINN. 4 <1,M►!t' ;.a 'tom a. 'IPir7i•Pw..r.is��•�!'!•1. pot •i•..'• •:��!' uno���; t Ali[r1� t� i�. �i.�. •• 11!!!!• r±ISd1...-- _..aJ`.:�•:I;:a::irlif�.� 1Y'''.::::'':i1;'�fYiiF iia ; ;-.,� t► !� - s' cc i t• 10 OPEN 1 a r i a r r a a � If • � A A � • i i • • • E • • I1 tl i! UalamanuiAmendREZ05-10.doe 11111120 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 occoancy 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." LQ-.11). 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 RegulatingPlan. The applicant shall comply with the conditions as set forth in the [Wat€� rgfziient between K 'A'Kau,-Lr G and the Water- Commission of th-e C,,, my of 14a,..,; dated Trio 15, 1 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 - [£ ]D. The maximum number of residential units allowed shall be 1,116 units, including the on-site affordable housing units. [F-.]E. The maximum number of hotel rooms shall be 120. [G]F. Commercial spaces for medical, office, retail, classrooms and health related uses and hotel shall be limited to 72.08 acres. [H-.]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. [J-.]I [ and tvun�er of residential lots and units, hotel, eammer-cial uses, par-king, golf eoca-se, open spx`ee-axx cvcreational arcus and otherrciatcu evements on the-property, shall be submitted to the Planning Direetef within two (2) t s from the off eti e date of the v +r + + Or-dinanee of p6of to submission of plans for-plan appr-eval or- subdivision appr-oval, .,i,iehever-oeeufs 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 followingcages: • Revise the phasing plans, project street types, roadway cross sections, and thoroughfare assemblies (Exhibits A-5 through A-11) of the Regulating 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 may pprove changes made b t� he applicant to the Regulating Plan to accommodate evolving land use concepts topographical/physical conditions, cost and related matters to assure the orderly and timely implementation of the Project District so ton as 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 TT T amended Project District Ordinance. [ ]J. [Substantial .00nsitlruetio n of the proposed development h l V1th11 1YV (5) yells from the eff VtIYV date of t, U t T ' t t CCSubstantial }} means the aetual stai4 of constfuetion of pfojeet inffastfuetur-e under-a bona fide eontr-aet of not less than ton million dollars ($10,000,000.00). Prior to c6nstfuction, the appheant} sueeesser-s or-assigns shall seeufe Final Plan Appr-oval for-the proposed development from the Planning Difector in aeeefdanee with Seetiaii 25 2 70, Chapter-25 (Zoning Cede), Ha -a{i-cCounty Gode Pi-a��i shall identify proposed struetufos, fff e pfetection measufes, paved aeeesse-S and par-king stall, and other-impr-ovements asseeia ed with the proposed use-,.] 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 CountCode. [&]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 varianees ftem Chapters 23 (Subdivision) and 25 a County Code, as pfesmted in Planning DepaAmefit Exhibit 2 (Applieant's- November-21, 2005 let4er-with attaehed Tables pages 1 to 6 related to Var-ianee Requested fiam Seetions in Subdivision and Zoning Codes, an-, Village Center-, Figufe 3 a Residential Village Center-Altemative: 4,000 SF Let, Figure Ar Residential Village Center—Altcrliatiyes. 6,—v vc n0 SF Let, Residffitia! Village Center- AV3Ctiyes: one Tet Line ( t 1 shall b plans to the Planning Dir-eetof showing st-Feet designs and er-ess allowed under-the Pr-qjeet Distriet. The applioant sha4l submit detailed 7 and dj'aeL' t building d'E.,"s}g,,ns,�with the Master Plan. The p-1ZCtiZZIZTTt'" - 4 - I i it i k r Direetormay LVl1„1; V modifications to the street sant;, t provide { stiffieient on street par4ing where the plans do not pr-ovide adeqtiate off street parking I'sueb as the 4,000 square foot lots with a one eaf gar-age and fiiAhef ehanges necessar-5,for piiblie safety and e-,. All roads i } } [i i built with the ll d under-this eendit' will b e neft- dedieable. W4th r-egafd to the requested zero line building sethaeks, the applicant shall eon( 1111 to the .L.11Vllt H r t .Building Code 1 ti 1 1V lltl YY ul 3 \,.iV Lll=GT i. As paft of the Master-Plan, the applieafA shall submit plans for-pedestrian movement t4ough the projeet 1 afeas where sidewalks will be ineluded to pefmit safe pedestrian aeeess to e Town tillCento and other- oftt points n the development.] Any .,n variances from Hawaii County Code, Cha tep r 23 (Subdivision Code) and Chapter 25 Zoning)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 shall not be gfapAed timil the eonstraetion of th lanes from Keel.kehe Parkway way to the Kon., T t t' 1 Ai.,­. ,+ + a wazvv ii Vaaa iLv ua ua�viav.a, u11i r♦u� �V ulV lavddu 111t Vlllll Ll VlltAl UL Keahole has been seeufed by the State entering into a eonstfuetion vommenee on the 20,000 JLNL1e foot Vniyer-n;ty building, or-t, building's pletion has Loons fe 1�,y bonaor-other seeurity VV133�13V aee optable to the Planning, Dir-e to whiehever-eames first..] [g]N. To ensure that the commercial development corresponds with the applicant's representations regarding neighborhood-scale commercial - 5 - 3 3 development, no single retail establishment shall have more than 45,000 square feet of developed area under roof. [� Total retail sp vo (not ine d + ants) shall + .1 75,000 .t. . 1..0 .+ (not auuul�,zvacuui , I vquuav avvi w.aauva avvi until u1V VVtls41 R411V11 V1-theQueen Parkway to the Kona intemational Aifpoft at Keahole has been seoured by3 Highway, Phaseff wide ;men4s to few lanes from KealalEeh-e 1 square footage of improvements !eased to the University of Hawai'i shall not nt against this lifnit] j J 3 3 [R-.]O. The applicant shall set aside a "Constraints Area" including the I 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 i approval. [The;y liea.a+ shall develop 7ny site r to +1, f YYaa shall " 1VY v11V vv uvl�.Yur the building pefmit for-the 10 1sngle for- family mil, multi .l h' the o+ The 7 n et' 1 t l 11 i ,l c�'rtaLm-crr€-�r9jc , (1) One Pony Plus League baseball softball field ineludi.... A) (aregulation backs+. , iRr � j A ron„lntio dugout for-e 1, '.l f'tl,vof f l�l� (e) Drirtuble blea G1h GIs-to-seat Ti11T11TITRITL'o 50 per-softs �v rlr€-c1eh bleacher- one bleaehef reach of the si.a�raelines= (e) Appropriate fiuirtoprotect the teams; `f) Fenn nn for the per-imeter- f the baseball f1,1i softball f;ll field -r.,,•, the park, .,vz cv n' (h) Plaeemen+ of grass for- n to f+1 field; l `aa f a.a�.r�vvaiavia�va &.1 UJ ivi u�lllll Vt111R14 RL and 1 (,l A n , g tion s sta,,, installed for-the playing field. tz� 1 zu lill�uuvLl o:yoc�. - 6 - One Tittle T e baseball softball field 1 d (a) A e hl.ntelation ae „ , I I I LhJ A dugout fnx—cacn�xdc-vr+the field-, (e) PoAable bleachers te seat a minimtffn of 50 per-sons in v'acnviet`ehef- one bleaeherfor--eaeh o sidelines- Lttc , 1 /ill App-opfiate feneing to nveteet then eetatorn• �uJ z>rNlvNlluc , 3 (elJ" tf +th t A n ate f nein., on o 1 ; I (f) Feneing for-then ter-of the baseball f la• (g) ADA n;hle pathways to , eh the baseball lbJ z> e softball fieri f;-„m the pa,•l.ing � • .�v>cvul> ", fh) Plaeemen+ of gfana for-appropriate a of'the field; `lZJ r LL L�LVVIILL � I and >ll 111 ,1 !i) n atin system n+a11efn,-the playingfield llJ 1 , (3) — find, „1„+;,1„ adult,Lhigh n 1, 1 seeeer-field that shall inelue t (a) Po ftahle hleaehe,-n to neat a minimum of cn sidelines-, ' j ADA n nihle pathways to reach theseeeer-field f`wo++�+ the par-king ., rl kig ", uvJ v fel Dlaeement of grans for- a a+e � ofth field; ` > l and (d) An +roisystem installed-xvr-tnvsvccvrf crd: (il) One ntan,�af size dog na»-lr i J <J 11V JltAZllaUZ (5) One eofnfaA station,30 x 600 Mn;th�g, water-, and ADA n pl n+rest o f eilit'e d ADA aeeess'hl pth«rata r•�,m the pafking a �l +unl ea' " + + rneeifleat;.,n nfl pe ,n 1, +' t h .let A 1, yr Waal Va.b�l Vla Ha1�.L tJZKV VIl 111 ZV ViA.L1VL1J lV UV�1VLVZ lL11rVCF'-p y the ,lepaftment o f pa,-yn dna t' ....vra..a�auvu� va raa.11w uuv.rvvlvuclvrl-, \6 j One paved..ed t .-king!at with 56 full size parking stalls and 4 - 7 - fef a total of 60 paved van uvVVU V1VIV ADA 1 iJ tA111111�,. VCi1dJ narking stall "to b ADA a ssib1 t + it Y �stalls v vJT uvvvV Ji ViV 1./ulll vv u�J C1.J-R1L aetivit�,areas E)f the park, hafdoned with feneing and a gate so that unau i, e,ayehiele „+ . t k aft err that uaau utlavia�uvaa r Viii vlVV VttluiVl tiVVVVU 111V iJULR CG1Z1L hours. Department of Pafks and VerauCrcar-and nrthe cv°cmshall�ucccPc d€dieation..] 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 Community Development Plan, ten(10) acres of which shall be developed b 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 dog park 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 ating 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 [Mali] 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, i meetingthe he 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-.]b. From the Queen Ka`ahumanu Highway intersection [to the pr-oposed Ane Keehekalole Highway (Road 6A TI.,n CDP Map R;gufe 4 3) T T,-.iyefs ty D-iye (2)] Lip 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. [Phis .-eadw <'] 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 900 feet m „v., of1r.,w,anu Street (Read Dl l Y'C. shall be pleted „1t.,.,eaus to the of the fifst building eonstrueted o the State 1a,..,1 for-the Univer-sity of Hawai'i or-before July 31, 2012, <,hieheve f oeeufs-fif4] approximately 200 feet makai of Road 6A on Figure 4-3, Kona CDP Map and on Exhibit A-1, Applicant's Regulating Plan) shall 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 rr.,.,,aff Stfeet (3A) to >,,rak lei Dr-i ,o] approximately_ 200 feet makai of Road 6A to Makalei Drive shall be constructed as part of Palamanui's Phase IV. [an4 dedieated to the County nt< upon its eampletion.] [b:]c. From the proposed [Ane Keeh„v„lele Highway(6A) to Mak lo; ''` <'n] 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 [Makalefl Makalei - 10 - Drive without encroaching into the lowland Dry Forest Preserve. The connection with [Makaloi] Mdkalei Drive shall be designed to not encroach into the Lowland Dry Forest Preserve. The grade shall not exceed ten (10)percent, except near the connection with [Makalei] Mdkalei Drive. d. The Business Park may be constructed prior to Phase III provided the(ween Ka`ahumanu Highway- University Drive intersection and University Drive (Road 2) from Queen Ka`ahumanu Highway to the Ane i Keohokdlole Highway Extension is constructed prior to occupancy within the phase. i [�]e. 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 a the applicant is ready to construct the lower i section of University Drive(Road 2), the applicant will connect to such interchange and in such case, applicant will contribute $1,500,000 to the Department of Transportation. 2) If a grade separated interchange is not available to connect University Drive(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 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 - Ka`ahumanu Highway, and a dedicated right- turn and left-turn lane from University Drive (Road 2) to Queen [Kaahtmanu] 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 [Kaahumat ] Ka`ahumanu Highway. 3) The intersection improvements with the Queen Ka`ahumanu Highway shall be completed prior to [the opening of the first building eenstrueted o the State land- for-+[the Univ 1Tsit T of 4awai'i V1 before re a Ge fti fieate E)f Oe,.,,p,,, ey i issued ZVZ any 1ZL portion rV family VVany single homes ,,-hies ever-eeeufs 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 [Kaiminani] Ka`iminani Drive: The applicant shall construct the mauka half-section of a 120- foot wide right-of-way to County-dedicabee standards as a two- lane road. The applicant shall construct the intersection at [Kaim-inani] Ka`iminani Drive meeting with the approval of the Department of Public Works. The intersection shall include a left-turn lane on [Kai-minaafl 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 nstfuetio of uh s,.,,na.,a ,sha4 be o.,mplete „ w, lt� eous to the of'the fist building vvizit,ric. the State land f6 f the T Tniyefs ty of H . ''' of before T 1 3 2012, whiehever e eur-s ] Further, traffic signals shall be installed at the intersection of Ka`iminani Drive and Ane Keohokalole Highway 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 sixly(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 study at the developer's cost. 3. [Ane KeehokalelHigh= ay(Read' ' 6A rCniCDP)] Ane Keohokalole Highway 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 [Keohakalele] 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 structural uses as approved by the Planning Director, in consultation with the Department of Public Works, through Site Plan Approval. [This '-^^d'lr�� shall be designed to funetion as p-p c rrronvrcrrcizccrervumCr fl vV.u.Lvvi33i cL,L L1E,u YY uy Liv with Univefsity Dfive and the Queen u.,'ah,,,ti,.,n H ghwa. ] The applicant shall construct the intersection of University Drive and the Ane [Ke-ohekalele] Keohokalole Highway Extension meeting with the approval of the Department of Public Works. ['T'his..,,.,,1way shall be a.aV41VwtVu to u1V ,✓Vlilll1' when 111V County ZTi with iiV +h Rea (' l Kon DP) ] 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 lI. Dedication of the improved half of the right-of-way (separate road lot from the other half) may occur once that section of roadway connects to 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 County, occur no earlier than the dedication of the improved half, and at no cost to the County. Ane [KKeohokalel€] 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 [«.;+hi the State lands sh.,ll be 120 feet. The seetion of Read 1 from the State pr-opeAy to Hioi<ay 190 within the private properties shall have a fight of way.width of 88 ] from the subject propertyprivate and State lands to Highway 190 shall be 120 feet. Applicant shall construct Road 1, at its sole expense as a two-lane County-dedicable collector road, including shoulders and swales. The final design and maximum grade of Road 1 shall be determined by the Director of Public Works after consultation with the Planning Director. [The .,n,.,l;,,.nt shall eepAinue, reparator- >worl. for-the design of Road1 ineluding working with the County of Hawaii to seemufe the right of way information Reeessafy for-the County of Hwwai'i to affange the Fight of way evef privately owned lands. Appheant shall not ed to install utilities or-stfeetlights, except that stT-eetlights shall be installed by the appheant at the inter-seetiee 1 90 The County obtain the�E� ��"< 0�iiry��11-8vccmi-crr�irecess-aiy right E)f way outside of appltemt'-s-pre Completion of Road 1 will he s re.l by bon or-other s fity meeting the appfovA of the Plani-Ang Dir-Mar-to gparafftee that „ts will l hen ple+ethe deadline s lye l ; prv< d by dli ee this eendition. The ham,,,rl o other-seetirity—:Thal he p ;,lea prior-to the granting of final stibdivi 1 on the The a<plieant shall eemplete T?r.a 1 later than six(6)< The u�Yra f+er the e +;re r h+ f Way; re,l - 15 - The time extension pr-ovisions of Condition ren shall also ply i to Road 1.] The applicant shall provide intersection improvements at Highway 190 as required by the State j 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 pproved 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 i 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. [Kealaaa] Kealaka`a Street Extension(Road 7 on Kona CDP Map, Figure 4-3): The applicant shall reserve [an 88 foot] 60-foot wide right-of- way for the [Kcal a] 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 expenses and dedicate it to the County of Hawaii upon request [when , eeti ,,, ,,t then , ther4..boundary of the-t is epmed]. [rro.,l.,ka Stfee+ 7 ] 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 j I feet from the subject property boundary into the adjacent property. i - 16 - I i i i 3 i i i [At the vvestem (makai) end of Makalei Drive, the appliewit shall x i e saf +. isnee---­to--ke a ❑afe tfunsition to GrSi"J Drive "'_-- 'may-Elis 7 but p limit d + 7 fumble tr;x and establishing n elevation for- the rthe e -required by the Department of Pu zlie Works s 1R'S'1CCICalei Drive is a"minorroad" and will of be v�V I for publie t iVL� publie as a dffough street until Road 1 is opened I R Use- I I 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 duringPhase IV, whichever occurs first, meetingthe he requirements of the Department of Public Works. This road shall be dedicated to the County upon request and at no cost to the County. I 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-wqy from the Ane Keohokalole Highway Extension to Queen Ka`ahumanu Highwqy 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 s 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 f 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 anof f 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 subiect to a landscape maintenance agreement with the County, those areas will need to be improved to current County standards. I - 18 - I I s [ ]X. There shall be no direct access from individual lots to collector or arterial streets. [X-.]Y. Construction vehicles shall not utilize the existing section of Mdkdlei 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 Mdkdlei 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 tSubdivision Code), Hawaii County Code. [,'Lz]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 [issu nee of a „er fif e e „r, ceupaney f any b,,ildipg of final subdivision appfoval for-any subdiv4sion efeating single family 4en*i^"^*s] 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. [B43-]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 j landscaping or other beneficial reuse to the maximum extent feasible. Applicant shall comply with HAR 11-62-27, recycled water systems, in its j entirety, and specifically, with HAR 11-62-27(i), as amended or replaced. [09T]DD. University of Hawaii Condition. Applicant shall provide the following to j relocate the University of Hawaii operations: I (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 property boundary [on University Dfivi e read section 2A rr,,n rr)n)] (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. (a) The building shall be constructed on the State land designated for University use. a i - 20 - i I I 3 (b) Construction of the building shall commence as soon as the 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 i 20,000 square foot building can be constructed on the State 3 land at Applicant's expense. (c) Applicant shall commence construction of the building, or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawaii Community College,before the issuance of a certificate of occupancy for any building, other than the State Department of Education (DOEJ 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 j 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 - [13D-.]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 apy 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-F---.]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. [FF,-]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, except those credits generated in the MCX-zoned area of the subject property. [G4a-]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 - s 3 s I I s found that sufficient mitigation measures have been taken. [ ]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. [14-.]JJ. The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to preserve the major stands of wiliwili trees. [Jk]KK. The applicant shall implement the INCRMP for the cave areas (Exhibit "E"to the INCRMP). [�]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. [Lt—.]MM. The Planning Director may approve modifications to the INCRMP conforming to the general purposes of the INCRMP, after consultation with the DLNR-DOFAW. [MN4.]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 - i i I offsite infrastructure requirements, shall be transferred to the master association. i [x]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 [anthe sa4e „-lease o tesidenlial units subjeet to sueh sue ,,,,,,tribut ,n] prior to Final Site Plan Approval and Final Subdivision Approval. The fair share contribution shall have a maximum combined value of[$7,383:36] $9,645.17 per multiple family residential unit([$1�] $15,030.92 per single family i 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. [$3x,642.00] $4,757.69 per multiple family residential unit ([$x5348:4€] $7,248.17 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. [$115-1-1] $150.37 per multiple family residential unit ([$267.66] $349.65 per single family residential unit) to the County to support police facilities; 3. [$35408] $462.54 per multiple family residential unit ([$528:66] $690.61 per single family residential unit) to the County to support fire facilities; 4. [$157.-84] $206.16 per multiple family residential unit ([$231.45] $302.36 per single family residential unit) to the County to support solid waste facilities; and 5. [$3,11436] $4,068.41 per multiple family residential unit ([e4,°29J)0] $6,440.12 per single family residential unit) to the County to support road and traffic improvements. - 25 - I i i 4 [The fair shaf e eontfibutioii shall be waived for the aff-efdable h units.] 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 for parks and recreation, that 'i contribution for all residential units will be satisfied when Applicant i completes and offers for dedication all of the land facilities for the active use park described in Condition [HSL] "Q" above. [The f iF share t eentr-ibtAion for-r-eads will be satisfied upon eempletion of the University LS1 V V (Read , , nnd , Kamanu Street Extension(Road Ane ` t 7 _ , Kealakaa Street (Read 71' and Read , and their ata + + .] The construction 4 J 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. [00.]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. [PP-.]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. [RRv]SS. [An initial extension of time for the perfo�anee of conditions within the or-dinanee, may be granted by the Planiiing Direetor-upon the following ir-e m st not h&�,e been foreseen or- are beyond the eentfol of the applieapt, sueeess0r- orassigns, a-ad that are not ther-ESn=t of their-fault E)r-neghgene,—. 2. Gfanting of extension would not be eontrary to the General Plan or-Zoning Code. 3Granting of the time extension would not be e „+,-.,-y to the original Li,.' . 4. The time exte—i— b.—ted shall be fef a pefied not to exceed the pefio „ally granted faf perfol'mzn$€ (i.e.,-a evauic ion to be per-f4med within one year-may be extended for-up to one additional yeaf)7 -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 - D D z z 0 0 rn rn r Z z 0 0 n n Z Z 0 0 rn rn 0 0 - -n -n 0 0 z z r-- rn rn 0 0 C) �>o 0 C7 D D z z r-- n n m rn z z 0 0 *10 1 r .—+d J W W m m N 0 0 o 0 0 0 r F�� ► fi pp r } DY v AF�fI x8�� t ! a. - l D � zz z z D �7 1T1 -A � ;U C7 O o tV Cn � Cm > C -v zOo = D (� N Cn -v C31 D � mw y m pm0 C/) Z � = � CD0 --� -� m C z � z m O to d o y C �m m -D c rn r O yr O co rn _ Om- n > m n r-- � o � omo > 0 � o O m 0 � C z y 'D z - r= Z y - c S O y u c O �-� > Z-n zm O m m x 0 ---i O z m > ;b -i G n ; ' m D O � -� m C) O -n -v m � z ,4 m � � X � rn M y m M > O Z n n z C7 c X -� ---i .. . D m m z 0 m m -i -n0) m m n o = O o ;U ~ D m mO M Crn n Cn m Z O C) (n rj r m %l7 m0 0 -v m z -rj d -° � Omc =� mo 110a O to to D Z V �- x m c y w n O m C/) z �v .. . Cf) D -r N O � z = m -,� o p tv D m S m 00 Z 00 C7 C/) X � I z p 0Oo z _ o -�" -� � mm C _ -moi > m m m O O 0 m U) � D D � r rTl y C7 < -I n m 0 m z p m z r D K 0 O p -u � � U -� m ``0 m 0N S 0 �7 U) D + z O M -i -0 m ' 0 z - 1 p m r c o --I z -n o p to o � p O 1 m Mr � >< u > c z n ,v N.) zG) 0 --t m Oz z foo r G > �o c m � z � � C7 U) c) o � 0U o m � m N � 0 `Q � 0U) -n ^o U) X _ > z O m m � � G) E, 0 -° r C� IV p -i � o 0 0 � onm i o C)!- 0 4 ��ii •ie. - •t S _i�Mrt�"' N. Z;ii" 1 11i. ri fa It�, .� w ► i :S�kT • `I�ypIl:.s �µk�lT r., r Y ' rir 0 O fll O p rn Ln m T LJ —I �7 o rn r- O Z O O p O m 7) D D m D p Z fn G� S o r n n n �' > < IZTI m pcp r C > / 7 O m Z Z a T o m m lJ O � D .. o O o -� Que� i Mm .,K urnINM f r - r- � r 1_ �y TTS � 1 - . j���07 H`fY - _ Q �nD ,q MH 1 I � j i r w G. 0 CD CD ID " a 1 m w CD g m� O_ L 1 v PO J &f P � l I ° j CID i p i H i r - 0 Aj + 1 � w I'Dw P. Ci C N rosy mss T a , V a Sv v �_ r� o I O ` • \�2F� it �� I 0 & L N m CD 31- , A � 'I � como� I e , j E Q � � A 9 Q=� rn mis"m s s c oc .=I � m CDz v a l m — 1, e I / ID SD CD cp zo Z. i� a r � ��a o ,ted N ' S � I j 9 d i l i 18 'li z o J i `-----------�a 11 M1 h / 1: l °' A � I i K � D C7 > mD 7� D 0 > D m X m O �— r m m O m m m 0 O r n m z zz = z mz z;rln mn O n O m � cl O cl _ 0 0 O O z m z o p 0 z 0 D� O m 0 O O 0 G) i z z z O z ;u z z z o o o m o m o o 0 C/) < o a oo � o o z z z 70 < m rn ;u < < < - < z < < n n Ca Z tv y m m m m w D D y 0 C --� m M ,- ?> D CO D m m G) G)G) O rn D -� -+ m -� ,- D m m � O o 0 0� 0� m = _ 0 —I %o p © O z O m o 0 --j m m z O -� O to C/) �' O � 0 n o � m z 0 O m z D I X m > m m m m Q m m O N D D o O C) = D C cn Z z 0 O O ---1m X z x O m m < Z >1 z z - m n 0 O N -� -i r- `n < Z Z y O m --i D m G) G) ;u z = m C O O m m C 71 71 � m OD m z a 0 c-0 rJ O CC ^ m _ N r tmn O O z D - C7 © O z 0 O 0 m T z 0 7 = p > m m D m m < o v , m D C/) -p y 0 (-) -v D iv ri _ < C c c m � p c � < -0 � C/) � � m m = c z � � m 0 c) M0 m rZ D z 0 -i ,_, r' 0 0 � � z C� 0 m � m � 00T] � m � x > -� DC7 D � � � pD 0U) C7 DO D Z y Q m © = moo X Z = p D U) z � — � L---A - 0 � -�im � G) --i > _ � � C � 0 --1T m DCD 70z -A ; -n 50 -0 zzX O Q z z z � y � cn < C� M o D A Vi m _ D -{ C p zz -0 m Z -nrzz � G) ZZ r- > ---I © r- m --im mD rzz� -�vDO = no -u � o oouc m 0 -n 0 0 M m z C) -o mD > me W m O rn z z-i O O � -i m m -r 00 D z apo °00 pC z C a '- D mho O m °° � °�" cpm — c z Do M n z W Z D m > � G) mph 0 m o m 0 n � 0 o © �' X opo -nm O 0 X -n z m n o m (n C1 0 - O " n =Om- ziG) o m G) ;< -i m 0 � C7 Cn 0 o m Oo c) (7 c- w o C if O :tJ go O C z D0 p 0 -n � z z m Z O -� z --i � O �— --i w K --a z O n m O m C: —� C) o 0 o o 0 --A 0 o O z =� z z Z Oz D Z z D Z iv O z �_ p O O m 0 G) --r O O `� C O -n m m m O -n -n = cn „ p — � chc m z O D m z D o D m = z z -G ;Z n C -G :7- G m --j D D G Z C -n D m D -n rn p Z m � m p z X p Ln O O � p O O m O O O p cc Q c Z p r C7 � o c C O m --qcy O v z m O -n -n m y z D „ T z p O -n 0 O D 71 O m a --I Z M C z -n `n O O C z1 D1m C m z m m M z r— ;u D mm W z m C/) z z p = m > o A 00 p — D p zD CD r = _ m o O G n RC1 m O D o c ° o u c _ _ 0) ;F-t = < xI z x1 cz n m DI D= p z m' o O i0 m p m � u p 00 O _ o C)o p � O -n -Cp m N w m O m m y © z -� C 0 O = � O � -1 ;0D -v —1 O co D O m - Om C/) D X O0 o T C7 = D vo ° o momm c D0mz � � Z - O z �i C/) -< mz -� 'i z Cp me o U' zoc < O zz o zC� Om _ m Z > C D mcn = C C) O D � C � m � m m O O pZ o o c iF m > C m W n � z om n0pm cz m � I-A � � m CD m D x z X �' m z D C D np < C 0 O� C Q D c = 0 > O O X z m m z Z D C cn W p C 2 z = „ C = m co MC- C/) m = c m C o -i TC --1 zm — m X m G) U) O O C Z M -I = O -< p O = zC •� m m O m o o D m m Z O O O C m m m y m r --A=i m 0 0 Tt Cz > x c - (� C O =� m a T r- = Oz Z r -n O -I -I z m — O D n z o D () o — O P� z z m D u; iv A p p cn O> � y � � r� m ° m new z0 mx -1x � z m --� > mZ m 0 00 p � O m m N z ODt�nC � z � Omm Om Z c z G� o C� O m = r > p > nvz C/) C-) cmz 0D ;7 n m r z m z ?� -� m m 0 O o cn z ' m p --� O -'' -n -n O K r U -m-I > C 0 D O 0 z O mz0 ,= z m� -q m0 z p c Q 71 m a 2 C/) U' --izmm � zv cnz �Z r O z --10 Z �_ 0o C z m o c z m N > � y D' O m O z C/)O � z ° _ z m 0 M mZ --A p O = C O omXm > _ _ � � 0 � m 0 = m > c m m Z --I U' m = m m z m C C m � D O O p O = M z O O = ;u z mo � o n m � N -_ai © m m O o O Qz = m p D 0 T c) m D m omooG) zDz X � m a D _a z x m G� O X m y o n --1 m � Z- 0 z z p I m � ; D m m � C7 m m o c °r° O= ZC) n ° O m = m -o D --i O O °z z z z m = O � � N o m o A = ° _ o O � a a C = cn o z 0 0 O O m = * =a W m m Z p = D U) X � -i = m z z O O m � m Z z X tnm mc 0 m -nma pO m = -i i z —I O z 0 mD> mp 0 O m = G m cD z cm = o � z m C/) O = y m D m ;-� c z :< z ;rs, m -< a m O 0o0 m N D O O m O oDr- O -i C/) m r -� X = z = m -i Om O _ O r D * -� T ;u 00 m y z X _ .< m m a D -i O to O D n m o o o a O X * N O ; m r O O � = r z z , D m m 0 -n -i m to -v m ,� z Z m O r C) m o o O O X C) D =i T O n D X O C7 U) m z � Uz A � � m o O Z O O z Z C: C/) m m o > 0 -, =a o O O O O m 1 p z r > O z � O C) x O r ;aT o m a --q m D Z a < o o � o c o o z n � cn0 D = 0 m � m = z Ill G) > D Cl)O � o D O W zc m om � m o m Geco o zO � z * D O o -xi z Q' z 0 m O --I -< 0 m CZ C/) mo U) O � D O O D p D � W Z � C r -� m m --i 0 D —� o U, > D . . o C m if 0 OD o > v-' 0 � � o C7 _ > m ° o O _ D —� r m Z C/) o -{ > m D = I'Tl = r z z S` O Gj 0') p O n -� U) -� C c D m z r > �' CD D r x F5 - z cn m rn O iC] c oa O m cM > �' �Q D Cl) -� (33 m = rn z m m m z rn i C/; T -a r m 0 0 0 = m m m m D < m _ �nzmm _ T 0 z O z z ; z z o m m > nm p —I m o — -n 0 m z Z O X z w o Z c � x rn r � nzo >1 m r r CO m C/) --i > o � O m m U D z D r 0 m m � T m y C U) D Z r off m n z C/) — U) o o � C � Z m o m o Q C X m ii m m mm _A m C z D _i X r y r m z m Do o 00 Z o 0 = C) zrn z 00 C) y O �� Z o0 0 r0 Z c z O —I � o m0 m -4 D � m •� �7 o C m rn m m � o 0 0 m0 C t _ C/) O 0 D D < 0') M I 0 rn o -n D � O 1 O m � 0 m c -r, r- z o > D D D Z C) o m (m n rn O z O c p'y'^ _0 z cn D m -� m Z 0 o z Z z z Z � o m rn D O -u O C o ° rn C O o z m D D z � m -< z D O � O m w m x i m ZC/) m p c Z O m c m n c x m -n z D r C/) m -0 .0 = D -o m m O n p m = A A � n � m z o m C) m zz r m m � D - I c � O T n -zi 0 z � O --{ z > ---I � � o/ D • -A .. z = z m m � Cl) m cnm mm0 z = o Z Fn D = 0 C7 IE .� D n r- - r m � -u D C� z n < O z a y m z D D m R1 mmc zz � _ _� z O - m z n z -i T o cn -o C7 m m c O m rn D x < O o m O O z 0 -nQ � czno = X o Z c m A � < --A O z D -r � n � O c m z m D TI U) = n � m n 0 m z O C D z z O D O m -{ m �7 0 n z C7 O -env -i =i c o z en n O c D p Om m -p = zz = -� z m O m I� m r (n z -n -� 0 X O m -A (7 O �7 00 � < m > > m � fTl m X r- C D y O = n 7 ;aC m 0 -mi y o m -o za z c --iz cn o n o m c C/) m m m > E�: cn '-4 O ;U z = Cl)O0 O 3> � > y m o z 0 y M D - p n -< r . . = z /-Q Z a a r , r eEI Q , • e 5 k @4 IR IS; li r w> I F� ax e R` x � D -I E: O K _ -o m m m Rl > o X r- �0 r- � � Z � ZT N r- 0> D OXO mmo Otnm > z N © m - z m o p z z o n _ z z O C m OO 5 X D z D -n O o � czo � � � 0oo 0 rmm z rmm z m n -� 7O Qn C C m o z O m -I < Z = Z p D C/) X 0 z c S`- m z < -n z > —� -. � = moo � 0 Naim 0 O Z -n O n x D m 4 m m m = m =� y = C � m = m _ r cn Op m -� M0m 0 � oozm m z z cn �� _ m X ---1 0 mo m p Z n p 0 Z 0 o m m = � � O r O _� = m O p z a m 0 z - m z z m -iZ -n Or X O N * m = m m C7 rn r = mp z p r T v M C m O = z 5 n Z O O m D > a -� O 0 c O < -n po 0 Z71 O F z C _ om O r -� z m m o = K O O m o z o m oA mz = CD > m � � 0 N m Z D '� -A O D D T m m r n z <_ Cfl n � � z Doo mm -ty -� 0 � C MZy om 0 Zo � G) n0000 M � m z �'z x Oz D m m 7(7 3rm O D CA) Z M p z o ;oc =i = m O O O m z r C O C7 Z = J vo '- (n z O O m m m N z mzz �' -� y-v (_Zn O x y o m D O M .0 C Ccs z 1'17 _z X < tci� z > o r > �u = o O M r- - O (n 0 � -i p -C -{ m < --� X O m D r- D = > --i xp z m = c C) 1� -v -i 1'77 m T c o m = 0 Z > EDC o m m c z tnj Cl) O z z m -zi (mnmzT'llp = c to (n m -v > m C) --0 -a q T"0 m e m z Q r _ z m O = D Cn czr" c zzm p m (nol o � x � (min m < =i z = n C/) = m t4 g i b a s¢ f x �,^ ,+�`b�¢�i a •: — M1'�`��Tm�n'k " � xer Ott hrys M� �r s } �12� MPT! vp Ana No go kk?xn� ykk: +'JtaI APO "N �`k aMooN X IT 5 �h } Fk + 4 t k� y}Yi Q"�114 ( +'x x h. v Cl) 0 _G o� cmc RA s Ias max N r°� w 6 a 5 ti -4 m J X e (D m $ oA s - - - - - - O ci r O rn c rn +O 5p+ N�y� — — — — — — — — — t/J Reel O 0 o > w o p (J1 - - -- — — — a Y 4 � I ^ � 9 A ❑1 w o N 6 _ (J , d= t ma 0 o p C rn r m 0 CD = O _ m U 71 —38 -+ �1 m z O ao� m rn CD o CD i m _ r C Y CN I K 41 � ;a 1 1 0 M > -H 0 r. n, I DOLA m *11 lN'l ;o' I I I sm. -00 r— ->u ' -Tl 0 ID z C-) (,� (r) :Z n CL .0 a > 0. 01. FL m R .cj 11111101,1111111111,111 ?,- n0 � `° nnD CL cDn � r 0 N m ° z n 00 x (xp Z a t 3 o ro CD Q a O 0 O iyt -;'7z/it _• _ ', r- z ' W } i fi A w 99 > gc, 0 � r 7 G � � a"++°iPu"�,si"'"`O c F��• ;S�� � � � i i i i x � y EF ^yam 8 8 0 1� m a t em: oma • UUt..✓ i � a - �a$$ $��v8$ L1 aJ+' � S e • �' Kxt- —J 8 x 5 fi08 fi � � F k _ k'• FN_ Half: H TR s $$u $e$$$ ! MI HIM I c r iia � c - 1I 1111 � F o Itis - t' U o --r" A Sit � 1 } l kL� G; E- H, ", I 79 v Ii y�r M ,L i I i f�I'1Il Q tit II [Pull II; CCCLLL� I� r o n A R 1 1 a ro � I I o o �. ®. L � � � F t V +,'• i ,m�e s 6 � m r (7-711 Apia P, � ! , . . 2 \/ . y ; . . . . . - t . NN �- . . . . . la - . . . • } ( : 1 � ( ] G \\§ ( \ 5 ® Ng - ( � .,,. .. .. � . /'R . . . . . _ � } [ TO 2 9 ! j / Ail _---------- t---- ---------- - --------- ---------- If ------------------- € 4 5 1 1 I � , I ; z } srpC� 2 r 6N 5NOQ L i� I � l ° m03m0in� a °cam ip —65 G --� L, I t ro I I o rj I R I \ e � o I - G� noo nctifD m � o•- � _a-- �N 02d_0c 'off 611 gg� 0. <,D 00o; N�»IDON.n. 1 1 � X r 6tt5 �� 1 y - 9 - r I Raw I Ie ej 11 aZ� II y O p�yj3�.N � Ow `pN 3 �i k I I a � � mil I a � I� 1 x gn�3 n x q n o.N�c d e w IT y n lz I r 1, t. 1 � ; --- y O ,1 N e rn ' C D C/1 rn n� 4 �. 44_IIX f Zj rn { z r , 41 N