The URL can be used to link to this page

Home My WebLink AboutBIL 011 Draft 02 2020-2022 .. JMtYO....... COUNTY OF HAWAII STATE OF HAWAII •.1r6•pp•M1A�:. ••, BILL NO. 11 (DRAFT 2) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09 132 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3 ACRES (A-3a) and OPEN (0) TO PROJECT DISTRICT (PD) AT KAT,NORTH KONA, HAWAI`I, 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, Hawai`i County Code 1983 [(200 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. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. -1- f ' 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 Hawai`i County Code, which states: "Occupancy means (1) the issuance of a certificate of occupancy 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." [€]D. The applicant shall provide a revised Water Master Plan to the Department of Water Supply that correlates the necessary water system improvements with the proposed phasing of the development's Regulating Plan. The applicant shall comply with the conditions as set forth in the [Water Agreement between K W 199-9] Water Agreement between Palamanui Global Holdings LLC and the Water Board of the County of Hawai`i 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. [F]F. The maximum number of residential units allowed shall be 1,116 units, including the on-site affordable housing units. [HG. The maximum number of hotel rooms shall be 120. -2- [G-]H. Commercial spaces for medical, office, retail, classrooms and health related uses and hotel shall be limited to 72.08 acres. [H.]I. 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]J. 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]K. [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, .• • . ::' .° ':- . :: : • . , • -- : • .] The applicant shall develop the project and its infrastructure consistent with the Master Plan known as the "Regulating Plan" contained in Exhibits A-1 through A-11, and Table 4, 8, 9, and 12 of the Application. Within ninety (90) days of the effective date of this amended ordinance, the Applicant shall provide to the Planning Department two hard copies and one electronic copy of the Regulating Plan marked FINAL, with the following changes: • Revise the phasing plans, project street types, roadway cross sections, and thoroughfare assemblies (Exhibits A-5 through A-11) of the Regulating g Plan to reflect the road right-of-way width, roadway improvements, road construction phasing and road disposition (dedicated vs. private) described in the revised conditions of this amended ordinance. -3- • 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 approve changes made by the 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 long as the changes are not significant, as determined by the Planning Director, and do not change the permitted land uses, overall densities, open space requirements, and infrastructure requirements, and are not contrary to the amended Project District Ordinance. [ ]L. [Substantial construction of the proposed development shall commence within - - - - -- I - "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), Hawai`i County Code Plans shall identify proposed structures, fire protection measures, proposed uses.] Construction of the Palamanui Project District shall be completed -4- within twenty (20) years from the effective date of this amended ordinance. The applicant shall submit to the Planning Director detailed site plans for the development in accordance with Section 25-6-46 and 25-6-47, Chapter 25 (Zoning Code), Hawai`i County Code. [HM. 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.]N. [ -- ', - ; - -. : - . . ::. •. .: -: , -. .•.'`' . - 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 -5- Alternatives: 6,000 SF Lot, Figure 4a Conceptual Plan: Roadway Concepts Concepts Nondedicable, and Conceptual Plan: Dedicable, Figure 4b p Roadway p •- . . - .. - - .. applicant shall submit detailed plans to be allowed under the Project District. The pp the Planning Director showing street designs and cross sections, and adjacent • -e •e • • - - ► - - 9. - • the plans do not provide adequate off street parking(such as the 4,000 square foot convenience. All roads built with the variances allowed under this condition will requirements. As part of the Master Plan,the applicant shall submit plans for .] Any variances from Hawai`i County Code, Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) needed to implement this project are hereby granted so long as the variances conform with the Regulating Plan and Kona CDP, as amended. [N-]O. 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. 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 -6- • • - • -- -- - I I1 - - .. . : : :' . :' '. :".' ': :' .,... .. .. University building, or the building's completion has been assured by bond or other security acceptable to the Planning, Director, whichever comes first..] P. To ensure that the commercial development corresponds with the applicant's n representationsregarding neighborhood-scale re ardin nei hborhood-scale commercial development, no sig le retail establishment shall have more than 45,000 square feet of developed area under roof. [9. : . - - - . . . - -. -; - - ... : .. - -- under roof until the construction of the Queen Ka`ahumanu Highway, Phase II widening improvements to four lanes from K-. . --- . ••. • a - :-• construction contract for the improvements. The square footage of improvements leased to the University of Hawaii shall not count against this limit.] [R]2 The applicant shall set aside a "Constraints Area" including the approximately 55- acre dry forest preserve, archaeological sites/cave and park areas on the project site. Features in the "Constraints Area" shall be shown on all plans submitted for subdivision approval or site plan approval. [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; -7- (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; -8- (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; A \ A - - •• • -- - parking area; (c) Placement of grass for appropriate areas of the field; and (d) An irrigation system installed for the soccer field. ('1) One standard size dog park. (5) One comfort station, 30 x 60 feet.with lighting, water, and ADA compliant restroom facilities and ADA accessible pathways from the parking area, constructed to specification and placed in locations to be determined by the department of parks and recreation; (6) One paved parking lot with 56 full size parking stalls and 4 van accessible ADA parking stalls for a total of 60 paved A \ A - - - -9- activity areas of the park, hardened with fencing and a gate hours. -- ! . - . • • :. -. -- -: - : . - • :--. . : - . -:. : ••• - 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. A park master plan for Phase I and Phase II park improvements outlining the park areas and types of improvements will be developed by the applicant and accepted by the Department of Parks and Recreation. Phase I park improvements shall be developed by the applicant and dedicated to the County during Phase I of the "Regulating Plan" as described in Condition K, and shall consist of a 10-acre public park to 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 park master plan. Phase I shall also include an outdoor performing arts center consisting of a minimum of two (2) acres, inclusive of a stage as well as a grassy and/or natural viewing and sitting area. The center may be within or without of the 10-acre park area and shall be operational before the submittal of any land subdivision or building permit applications for any residential development beyond the aggregate of the already approved five hundred (500) residential units. The land and its improvements shall be dedicated to the County upon the County's request. Phase II park improvements, consisting of only undeveloped land area, the size of which would be the difference between the land area for Phase I and twenty (20) acres shall be dedicated to the county at no cost within six (6) months of the County's request. -10- [T,]S. 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 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-]T. All project utilities shall be underground. [V-]U. The applicant shall construct the following roads and improvements within and outside of its property as identified in the Hawai`i County General Plan and the Kona Community Development Plan(CDP) Official Concurrency Map, Figure 4- 3, adopted as Ordinance No. 08 131 effective September 25, 2008 and as depicted in the Applicant's FINAL Regulating Plan: 1. University Drive (Road 2 - Kona CDP Map, Figure 4-3 and Road 2 on Applicant's Regulating Plan, Exhibit A-1) within the property from the Queen Ka`ahumanu Highway to [Makalci Drive] Palamanui's eastern property boundary: a. Prior to the construction of any segment of University Drive (Road 2),the applicant shall prepare a new traffic impact assessment with mitigation recommendations for the project full build-out and project phasing, meeting the requirements of the Department of Transportation and submit it to the State Department of Transportation(DOT) -11- 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 proposed Ane Keohokalole Highway (Road 6A Kona CDP Map, Figure 4 3), University Drive (2)] up to Road 6A of the Kona CDP Map, Figure 4-3 and 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 Palamanui's eastern property boundary, University Drive shall consist of a public road within a 60- foot wide right-of-way with two lanes constructed to County-dedicable standards. [This roadway] 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 800 feet mauka of Kamanu Street(Road 3A Kona CDP) - - - - simultaneous to the opening of the first building constructed on the State land for the University of Hawai`i or before July 31, 2012, whichever occurs first] 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 Kamanu Street(3A)to Makalci Drive] approximately 200 feet makai of Road 6A to Palamanui's eastern property boundary shall be constructed as part of Palamanui's Phase -12- [13,k, From the proposed [Ane Keohokalole Highway (6A)to Makalei Drive] Road 6A to Palamanui's eastern property boundary,the road shall be constructed to County- dedicable standards as a minor street, except that design standards shall be varied to permit the [connectionwith Makalei Drive] terminus of the road at Palamanui's eastern property boundary without encroaching into the lowland Dry Forest Preserve. [The connection with Makalci Drive -- - --- - -- - - -- - - - -- - -- - -- Forestt Preserve.] The grade shall not exceed ten (10) percent, except near the [connection with Makalci Drive] terminus of the road at Palamanui's eastern property boundary. d. The Business Park may be constructed prior to Phase III provided the Queen Ka`ahumanu Highway-University Drive intersection and University Drive (Road 2) from Queen Ka`ahumanu Highway to the Ane Keohokalole Highway Extension is constructed prior to occupancy within the phase. [ede. At the Queen Ka`ahumanu Highway,the intersection shall be improved in accordance with one of the following two options: 1) If a grade separated interchange is available to connect to Queen Ka`ahumanu Highway when the applicant is ready to construct the lower section of University Drive (Road 2),the applicant will connect to such interchange and in such case, -13- 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 Ka`ahumanu Highway, and a dedicated right-turn and left-turn lane from University Drive (Road 2)to Queen [Kaahumanu] Ka`ahumanu Highway. If warranted, at the request of the Department of Transportation, the applicant shall install traffic signals and a second left-turn lane from University Drive (Road 2)to the Queen [Kaahumanu] Ka`ahumanu Highway. 3) The intersection improvements with the Queen Ka`ahumanu Highway shall be completed prior to [the opening of the first building constructed on the State land for the University of Hawaii or before a Certificate of Occupancy is issued for any portion of the subject property or the completion of any single family residential homes, whichever occurs first] occupancy within Phase III. -14- 2. Ane Keohokalole Highway and former Kamanu Street(Road 3A- Kona CDP Map, Figure 4-3) 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 [ . i] 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 on the State land for the University of Hawai`i 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 occupancy for more than thirty thousand (30,000) square feet of commercial area, and more than sixty (60)hotel units; or whenever the Department Public Works reasonably determines it is warranted; or once the Department of Public Works receives enough complaints to warrant a traffic study at the developer's cost. 3. [Ane Keohokalole Highway (Road 6A-Kona CDP)] (Ane Keohokalole Highway Extension(Extension of Road 3A- Kona -15- CDP Map, Figure 4-3 and Main Street of Applicant's Regulating Plan, Exhibit A-1): The portion of Ane [Keohekalele] 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 adjacent properties. Permitted uses within the unimproved 60-foot wide right-of-way shall include utilities, a linear park, food trucks, farmer's market, and other similar temporary, non-structural uses as approved by the Planning Director, in consultation with the Department of Public Works,through Site Plan Approval. [ -. :.: • . -. 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 [Keehele] Keohokalole Highway Extension 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).] The section of this roadway from its current terminus fronting the University of Hawai`i- West Hawai`i campus to University Drive (Road 2) shall be completed prior to occupancy within Phase I. The section of this roadway from University Drive to the northern property boundary shall be completed prior to occupancy within Phase II. Dedication of the improved half of the right-of-way (separate road lot from the other -16- 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 [Keehekalele] Keohokalole Highway [6A], which is dead-ended for future connections to Road 1, shall have preliminary engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent properties. 4. New Connector Road (Road 1 - Kona CDP Map, Figure 4-3 and Exhibit A-1, Applicant's Regulating Plan): The right-of-way width of Road 1 [within the State lands shall be 120 feet. The section of Road 1 from the State property to •. - •I • • - . - • - S;" "•' •. - . way width of 88 feet.] from the subject property over private and State lands to Highway 190 shall be 120 feet. Applicant shall construct Road 1, at its sole expense as a two-lane 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 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 -17- Planning Director to guarantee that improvements will be 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 provide intersection improvements at Highway 190 as required by the State Department of Transportation. The applicant shall defer the submittal of any land subdivision or building permit applications for any residential development beyond the aggregate of already approved nine hundred (900) single-family or multiple-family residential units unless and until the construction cost of Road 1 is 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. 5. [Kealakaa] 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 [Kealakaa] Kealaka`a Street Extension within its property for future use as a County road. The applicant shall construct the road to County-dedicable standards as a minor collector road with sidewalks and bike lanes on both sides, at its sole expense,and dedicate it to the County of Hawai`i upon request [when a : -.- . - :. " - ` .. .]. [Kealakaa Street(7)] Kealaka`a Street Extension, which is dead- -18- ended for future connections,shall have preliminary engineering for technical feasibility and environmentally cleared for construction, a minimum of 500 feet from the subject property boundary into the adjacent property. 6: [At the western(makai) end of Makalei Drive, the applicant shall • • •' • • • .• ." • • required by the Department of Public Works. Makalei Drive is a"minor road" and will not be open to the public as a through street until Road 1 is opened for public use.] 6. Road 6A- Kona CDP Map, Figure 4-3 and Road 6A of Applicant's Regulating Plan, Exhibit A-1: Road 6A shall be a public road within a 60-foot wide right-of-way and constructed in conjunction with any of the project's development requiring access from said road or during Phase IV, whichever occurs first, meeting the requirements of the Department of Public Works. This road shall be dedicated to the County upon request and at no cost to the County. 7. Road 2C- Road 2C of Applicant's Regulating Plan, Exhibit A-1: The applicant shall provide an emergency access road within the Road 2C right-of-way from the Ane Keohokalole Highway Extension to Queen Ka`ahumanu Highway prior to occupancy within Phase I for the purpose of providing ingress and egress to -19- the University Village and UH West Hawai`i campus to Queen Ka`ahumanu Highway for emergency response purposes. The road shall meet County of Hawai`i Fire Code requirements for a fire apparatus access road. V. The collector roadways (University Drive and Ane Keohokalole Highway Extension)must be extended in conjunction with occupancy of adjacent commercial, industrial, and residential developments to provide multiple points of ingress and egress for the sake of connectivity. This may require the extension of an adjacent connector road in an earlier phase to provide the required connectivity. W. 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. X. 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. Y. If at any time in the future, the owner decides to dedicate any of the private roads to the County,the entire right-of-way will need to meet the minimum current dedicable standards at the time of dedication. If the master association decides they no longer want to be responsible for maintenance of roadways subject to a -20- landscape maintenance agreement with the County, those areas will need to be improved to current County standards. [W]Z. There shall be no direct access from individual lots to collector or arterial streets. [X]AA. Construction vehicles shall not utilize the existing section of Makalei Drive for ingress from Highway 190 to the applicant's Project District or egress from the applicant's Project District to Highway 190, except for construction work within easements of record within Makalei Estates on the water system (wells, mains, and tanks). [Y]BB. 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), Hawai`i County Code. [Z--.-]CC. 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 [. .. - - : . -.` . - of occupancy for any buildings, or final subdivision approval for any subdivision creating single family residential lots] occupancy of each project phase. [AA.]DD. 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. -21- [B12,7]EE. 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. Applicantpshall comply with HAR 112- 6 27, recycled water systems, in its entirety, and specifically, with HAR 11-62- 27(i), as amended or replaced. [CC. FF. Universityof Hawai`i Condition. Applicant shall provide the following to relocate the University of Hawaii operations: (a) Provide connection of roads and all utilities into the University of 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 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 Drive (Road section 2A Kona CDP)]. (b) Build Applicant's wastewater treatment system to handle the wastewater from the initial University of Hawaii building and design the wastewater treatment system to accommodate future expansion for wastewater from future expansion of the University of Hawai`i 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 Hawai`i design results in the cost of design and construction of the building and associated parking exceeding $5,000,000, Applicant -22- 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. (b) Construction of the buildingshall 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 Hawai`i at West Hawai`i until the necessary consent and approvals are obtained at comparable lease rates now being paid by the University of Hawai`i until the 20,000 square foot building can be constructed on the State land at Applicant's expense. (c) Applicant shall commence construction of the building, or assure its construction by a bond or other security accepted by the Planning Director and the Chancellor of Hawai`i Community College, before the issuance of a certificate of occupancy for any building, other than the State Department of Education(DOE) building, or final subdivision approval for any subdivision creating single-family residential lots. (d) Applicant shall complete construction of the University building no later than two (2)years after the issuance of a certificate of occupancy for any building, other than the DOE building, or November 1, 2012, or final subdivision approval for any subdivision creating single-family residential lots, whichever occurs first. The location and design of the building (interior and exterior) and related improvements will be on terms determined by -23- the University of Hawai`i. The University of Hawai`i shall consult on design of said building with Applicant. (e) Immediately upon completion of the University of Hawai`i conditions CC. (1), (2), and (3) above, all improvements shall become the property of the University of Hawai`i. [DINGG. 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 Hawai`i. 3. The building will meet DOE facility standards, with finished classrooms, workshops and offices. 4. Applicant will collaborate with the DOE on the requirements of the building in order to develop building plan subject to DOE approval. 5. The finished building will be available to the DOE within two (2)years of the issuance of a certificate of occupancy for any multifamily residential building, or within two (2)years from the completion of any single-family residential building within the development, whichever comes first. -24- 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. [ENHH. 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. 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 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, Hawai`i 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- -25- zoned area of the subject property. Further, as represented by the applicant, all affordable housing units shall not exceed 100% of the average median income. [ ]JJ. 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. [HH.]KK. 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. [IL]LL. The applicant shall protect all uhiuhi and 'aiea trees, and shall use best efforts to preserve the major stands of wiliwili trees. [J-k]MM. The applicant shall implement the INCRMP for the cave areas (Exhibit"E" to the INCRMP). [K]NN. 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. [LL.]OO. The Planning Director may approve modifications to the INCRMP conforming to the general purposes of the INCRMP, after consultation with the DLNR- DOFAW. -26- [ ]PP. 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 offsite infrastructure requirements, shall be transferred to the master association. [NN-]Q2 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 [ - - $ - - - - • •-contribution] 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 ([$11,506.13] $15,030.92 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: 1. [$3,64'.00] $4,757.69 per multiple family residential unit ([$5 C48 46] $7,248.17 per single family residential unit)to the County to support park and recreational improvements and facilities; -27- 2. [$115.11] $150.37 per multiple family residential unit([$24-7,66] $349.65 per single family residential unit)to the County to support police facilities; 3. [$354.08] $462.54 per multiple family residential unit 051%66] 6] $690.61 per single family residential unit)to the County to support fire facilities; 4. [$157.81] $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. [534-14,36] $4,068.41 per multiple family residential unit ([$4,979.90] $6,440.12 per single family residential unit)to the County to support road and traffic improvements. [ - '- - - - - - - -- '-_ .] 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 thero osed development, subject to the review and recommendation of the p p 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 i] "Q" above. [The fair share . - •. . . D . • --• - • -- - i . . . . .. Keohokdlole Highway (Road 6A), Kealaka`a Street Extension(Road 7), and Road 1 and their associated intersections.] The construction and land costs associated with the construction, as described in Condition T, of Road 1, Road 2, Road 3A,. -28- 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. [ ]RR. 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.]SS. Comply with all other applicable County, State and Federal laws, rules, regulations and requirements. [QQ.]TT. 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,the bond status including the premium payments, and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and approved by the appropriate departments and the Director acknowledges that further reports are not required. [RR.]UU. [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 -29- 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. original reasons for the grant'-- : -- ' :'- ' . 4. The time extension granted shall be for a period not to exceed the performed within one year may be extended for up to one additional year). ] 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. VV. 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. SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. 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. -30- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: 13 COUNCIL MEMBER, COUNTY OF H WAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 51.11 -31- • N OPEN /I A-5a A-500a f OPEN / . OPEN r r A-5a 1 9,071.21 N / 23,751.69 W 1 A-5a "AKAHIPUU" / r r OPEN / A-500aillik ' A-500a ri r 6,947.06 N I__ � OPEN / 18,434.23 W .,,\ 0 / "AKAHIPUU" �� iOpen(0) A-5a x OPEN to Project District(PD) 244.941 Acres Z Agriculture(A-3a) A-5a to Project District(PD) 450.343 Acres _ _ a dill .. r 4111111111 I/ A-5a *IitMG-la+ r �+ r 1 OPEN W . ` tftli-,_ ____i + • OPENgo1.- / a': branI r + r A-5ad,"1.1-.I.•��:, ,MG-15. .z.1..- / A-5n OPEN a110 // IIMII 1,/ ilp ruIIEIQlU ■ arOPEN / _- 1� =:lulu.nl ■ ouunuot Iuuuuuu A-5a A-5a uuuunu L OPEN n,,�, 11111111'IIIillHuuu siuI.nri!!!(!11111111 i,;!•;,•',4'',��i,,, j1��El11;Illiiiiiiiii iiniiii1111111G4iSLi / '' `''"'`'�'''•i� ��IIIIIIIIIIIIIf111111�1I1, Iljjllll Illllir-Ills �r , �IIS%p eqq /uunu tlut., �-.- �� 1 /` / si ' `,,-1.4f.��1111111111111:ges iiwo: :t..,0�ii%�I:1U111/11111M1 IIIIIIIIIIIIIM ate!. -_,� .1� +j�J 0 1,750 3,500 7,000 10,500 14,000 .j`,�, .-1 ..�.�,.....:... .:.:........ .. ... Fee rtt.:- \i zhh UPJi tu.■...■t1 ama■Irk. Ilii aIlapisiti �y1111�Ii 1I I1�iz - AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) AND OPEN (0) TO PROJECT DISTRICT (PD) AT KAU, NORTH KONA,HAWAII MAP PREPARED BY: COUNTY OF HAWAIII,PLANNING DEPARTMENT TMK 7-2-05 par 1 DATE November 13,2020 EXHIBIT"A" (Palamanul Global Holding LLC-Map 1168-A)