HomeMy WebLinkAboutORD 2021-027 2020-2022COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 11
ORDINANCE�NO. 21 27 (DRAFT 2)
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 [(290-5
Edifie}r)] (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.
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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 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."
[Q]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 1� Pg lan. The applicant shall
comply with the conditions as set forth in the [Water. Agreement i,etwee rr A
Kau, TTG . the Water- -Commission -vrthe Getmty orLwwar'izdated I,ro1i F
439-9] 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.
[£:]F. The maximum number of residential units allowed shall be 1,116 units, including
the on-site affordable housing units.
[F-. ]G. The maximum number of hotel rooms shall be 120.
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[C]H. Commercial spaces for medical, office, retail, classrooms and health related uses
and hotel shall be limited to 72.08 acres.
[l]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.
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. [
ntii:ftber- of residentiai lots and units, hotel, eammer-eial uses, par -king, gelf ,
shall be submWed to the PlaBfiing Director- within two (2) years from the effeefive
iro for- Yiuii
.] 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 90Lys 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 nhasina plans, nroiect street tvpes. roadwav cross sections, and
thoroughfare assemblies (Exhibits A-5 through) 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 conditions of this amended ordinance.
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• 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 mayapprove 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 chanf4e the
permitted land uses, overall densities, open space requirements, and infrastructure
requirements, and are not contrary to the amended Project District Ordinance.
!tszs!st� :rzase�.,ze
infrastr-uettife tinder- a bona fide eenlr-aet ef iiet less than ten millien dallars
.........
). Prior- to eeiistfuetion, the applieatA, stieeessefs of assigns shall
seetir-e Final Plan Appr-eval for- the pfopose-I development fr-afn the Plafiiiiiig
Dir-eetor- in aeear-danee with Seetion 25 2 70, Chapter- 25 -. - Hawaiq
GotHity Code Plans shall idefttify proposed st-fuettffes, fire pfeteetion fneasttfesi
preposed uses.] Construction of the Palamanui Project District shall be completed
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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), Hawaii County Code.
[L-. ]M. The following design standards shall apply:
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.
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A 1+ + nnn SF Let, >~ e nn Coneeptu l Plan! Roadway Geneepts
Dedieable, Figtife 4b r r+„nl Ulan: n,.,,,7,, ay Gen r l.r+ ende,7ieable, n.,d
Fiufe_5 Residential V llne Cents Alte ati o: Ze e Lot Go ueo Y+wl shall
be a4l^Ped tmder+ie Pivjeet Disazn+. The pl ,+ shall
s4 '+ detailed •10.7 1.�ns to
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the
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O u designs VJ-J<Z
building designs, ';+1the Master Plan. 1uv Planning D +
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the plans a + ide add ate off street r ,.v g (s t, +1 n nnn foot
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lots with rcrone eaf gafag and insuffieient Seth eks to allew par-ki g ill
. enee. All reads built with the var-ianees allowed ttnder- this eendition will
be non dedieable. W4+1 fegar-d to the requested zefe line build11ag JILLthLIIs, Lllt kthe
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GourAy Building Ge
—i- . _.netAs. As paft of the Master- Plan, the applieafA shall submit plans f4-
tbi-eugh the pr-ejeet , whieh shall y
sidewalks will be ineluded te pefmit safe pedestrian aeeess te the Town GetAe
] Any variances from Hawaii
County Code Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code)
needed to implement this project are hereby granted so long as the variances
conform with the Regulating Plan and Kona CDP, as amended.
[N-. ]0. 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 granted u -PAH the eanstfuefien of the Queeii
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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.
[R -.]_Q. 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.
.MR.F.WWWRENEOR ".
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[R -.]_Q. 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.
.MR.F.WWWRENEOR ".
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aetivity areas of the park, hafdened with feneing and a gate -
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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 b t�pplicant and accepted by the Department of Parks and
Recreation. Phase I park improvements shall be developed b t�pplicant 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 gpproved 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, consistingof f 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.
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[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 Hawaii County General Plan and the
Kona Community Development Plan (CDP) Official Concurrency Map, Figure 4-
3, adopted as Ordinance No. 08 131 effective September 25, 2008 and as depicted
in the Applicant's FINAL Regulating Plan:
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 [Makalei D ve]
Palamanui's eastern property boundM:
a. Prior to the construction of ani 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)
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for approval All mitigation shall be approved by DOT in
writing and shall be implemented b the he applicant.
[ ]b. From the Queen Ka`ahumanu Highway intersection [te4he
proposed Aine Keeheka4ele HigIpway (Read 6A Kona
CDP �Map, Tigufe 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, Universijy 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
mau1 of TI , Street (Read 3A TI.,n CDP-)
inter-seetion with Univer-sify Drive shall be eronl nted
simultaneous to the opening of the fifst building
In
c�oz7rscrc[ccccr-vrthe crr ,���i.....,.,.y of��.,,...,.
or- Cief@r�ly 31 201' ..b.ieheyer- o s firs ]
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
Tr,,,..,,,,,,, c+roe+ (2 n) to M.,k le Drive] approximate1y200
feet makai of Road 6A to Palamanui's eastern property
boundary shall be constructed as part of Palamanui's Phase
IV. [and dediealed to the Geufily upon its eaffiViefie
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[1}]c. From the proposed ["„e T eehekaie e Highway (6A) to
r,raka4e: D ] 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 [eefinee fie,,
r a„ kale r,fiye] terminus of the road at Palamanui's eastern
property boundary without encroaching into the lowland
Dry Forest Preserve. [The eenneetien with A,r, ka4e; Drive
shall be designed to not enerea6h k4e the Lowland Dry
Fee -est Pr-esefye ] The grade shall not exceed ten (10)
percent, except near the [eenneetion with M kale: 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 Universi Drive (Road 2) from
Queen Ka`ahumanu Highway to the Ane Keohokdlole
Highway Extension is constructed prior to occupancy
within the phase.
[E]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 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,
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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 [Kaah»t] 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
[Kaakimani ] Ka` ahumanu Highway.
3) The intersection improvements with the Queen
Ka` ahumanu Highway shall be completed prior to
[the opening of the first building d an «tee
State land for- the University of 14aw-ai'i or before
CoAifi ..,te of Oeeupaney is issuedtany ft'
ef the s„b jeet p pe ft<, or the e pletio , £ams,
fit] occupancy within Phase III.
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2. Ane Keohokalole Highway and former Kamanu Street (Road 3A -
Kona CDP Map, Figure) from University Drive (Road 2) to
[Kaimina-ni] Ka`iminani Drive:
The applicant shall construct the mauka half -section of a 120 -foot
wide right-of-way to County-dedicable standards as a two-lane
road. The applicant shall construct the intersection at [Kam]
Ka`iminani Drive meeting with the approval of the Department of
Public Works. The intersection shall include a left -turn lane on
[Katninafli] 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 nst_ etio of this roadway
shall be eeffipleted1t., s to the opening of the firstburiuui�]ding
., the State land fef the T Tniye fs t,..,f'I7.,wa '; or- befer-e July 34-,
2012, „hieheyer e s first.] Further, traffic signals shall be
installed at the intersection of Ka`iminani Drive and Ane
Keohokalole HighwU 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. [ ] Lkne
Keohokalole Highway Extension (Extension of Road 3A- Kona
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CDP Map; Figure 4-3 and Main Street of Applicant's Regulating
Plan, Exhibit A-1):
The portion of Ane [Keehekalele] 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 M 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. [This r ^dway shall be
CDP)ear.-teefing Highway 190 with T Taiyer-s t,. Drive uuu cum .1 the
Queer Tr.,'.,hth-..,ant Highway] The applicant shall construct the
intersection of University Drive and the Ane [Keehek-alele]
Keohokalole Highway Extension meeting with the approval of the
Department of Public Works. This roadway shall be dedieated to
the County when the County r-equir-es;t to . e et with Read4
(Tr,,n CDP).] The section of this roadway from its current
terminus fronting the University of Hawaii- West Hawaii campus
to University Drive Road 2) shall be completed prior to
occupancy within Phase I. The section of this roadway from
University Drive to the northern property boundary shall be
completed prior to occupancy within Phase II. Dedication of the
improved half of the right-of-way (separate road lot from the other
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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 Co", occur no earlier than the dedication of
the improved half, and at no cost to the County. Ane
[Keehele] Keohokalole Highway [64], 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 lig Plan):
The right-of-way width of Road 1 [vAthin the State le1as shall be
120 f@et. The eetion of Read 1 f effi the State preop fro
Highway 190 within the r ate properties shall have a right of -
way
width of 48 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 p east shall eantinue r -rate -y work for- the
design of Read 1 ineluding er-king with the County of l-Teitraii to
seetffe the right E)f way for- Read 1 aer-ess State of Hawai'i !a
affange the right of way ever privately owned lands nppliea
shall not be required tom, install utilities o stree+lightsr,+ that
�e e
+ree+l;..l is shall be ;,,s ilea by the a plieant at the interseetio
with Highway 190. The GeuRty shall ebtain the I . - I ,
of ,. tAsi e of .,ppl;eant' - left
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The time eiaension pr-evisions of Gendition RR shall a4se app"
Reams] 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 pproved 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.
[Kealalcau] Kealaka`a Street Extension (Road 7 on Kona CDP
Map, Figure3):
The applicant shall reserve [an -88 -feet] 60 -foot wide right-of-way
for the [K-(-,�] Kealaka`a Street Extension within its property
for future use as a County road. The applicant shall construct the
road to County-dedicable standards as a minor collector road with
sidewalks and bike lanes on both sides, at its sole expense, and
dedicate it to the County of Hawaii upon request [when -a
] Kealaka`a Street Extension, which is dead
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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. 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 wa
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
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IFEITHIN
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 wa
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
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the Universijy Village and UH West Hawaii campus to Queen
Ka`ahumanu Highway for emergency response purposes. The
road shall meet County of Hawaii Fire Code requirements for a
fire apparatus access road.
V. The collector roadways (University Drive and Ane Keohokalole Hiahwa
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 Countv 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 Countv, 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
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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), Hawaii 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 f a eer-ti eate
PP p �
ef eee"aney for- any buildings, or- final subdivision approval for- afty s4divis
er-
eafing single family r sidential 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.
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[BB -.]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. 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.
[CE.]FF. University of Hawaii Condition. Applicant shall provide the following to
relocate the University of Hawaii operations:
(a) Provide connection of roads and all utilities into the University of Hawaii
500 -acre site for connection to the first University building. Applicant
shall allow the University of Hawaii to connect with its wastewater and
water supply systems. Applicant shall also allow the University of
Hawaii to connect electrical and telecommunication systems to facilities
installed within the project. These connectivity sites shall be to the
University's satisfaction and located along its northern roe boundary
[ ]•
(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
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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 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 20,000 square foot building can be constructed
on the State land at Applicant's expense.
(c) Applicant shall commence construction of the building, or assure
its construction by a bond or other security accepted by the
Planning Director and the Chancellor of Hawaii Community
College, before the issuance of a certificate of occupancy for any
building, other than the 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
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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.
[DD -.]GG. Applicant shall enter into an agreement with the DOE, in accordance with the
terms of the State Land Use Decision and Order (Docket No. A03-744) dated
May 19, 2005. If Applicant's agreement with the DOE is later amended,
Applicant shall file a copy of such amendment with the Planning Department and
shall comply with the terms of the amended agreement. Applicant shall
contribute to the DOE an 8,000 square foot building within the project site to use
for a period of twenty (20) years, subject to the following conditions:
1. No rent or common area maintenance fees will be charged to the DOE.
2. The building will be used as instructional and office space for the school
complexes located in west Hawaii.
3. The building will meet DOE facility standards, with finished classrooms,
workshops and offices.
4. Applicant will collaborate with the DOE on the requirements of the
building in order to develop building plan subject to DOE approval.
5. The finished building will be available to the DOE within two (2) years of
the issuance of a certificate of occupancy for any multifamily residential
building, or within two (2) years from the completion of any single-family
residential building within the development, whichever comes first.
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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.
[EEL]HH. 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.
[€F -]II. 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-
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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.
The applicant shall protect all uhiuhi and `aiea trees, and shall use best efforts to
preserve the major stands of wiliwili trees.
[-Jj-.]MM. The applicant shall implement the INCRMP for the cave areas (Exhibit "E" to the
INCRMP).
[KK—.]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.
[x]00. The Planning Director may approve modifications to the INCRMP conforming to
the general purposes of the INCRMP, after consultation with the DLNR-
DOFAW.
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[lam ]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-.]QQ. 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 [ .t the saleor- lease of r-esidential , i4s subjeet to e.b
eentfibi ] prior to Final Site Plan Approval and Final Subdivision Approval.
The fair share contribution shall have a maximum combined value of [$7,26]
$9,645.17 per multiple family residential unit ([$1 ,�1 ,506.TJ] $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�o] $4,757.69 per multiple family residential unit
([$5;5486] $7,248.17 per single family residential unit) to the
County to support park and recreational improvements and
facilities;
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2. [$14-5-.R] $150.37 per multiple family residential unit ([$26766]
$349.65 per single family residential unit) to the County to support
police facilities;
[$354.08] $462.54 per multiple family residential unit ([8528-.66]
$690.61 per single family residential unit) to the County to support
fire facilities;
4. [$15741] $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. [$34,4-4-36] $4,068.41 per multiple family residential unit
([Q^,°���o] $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
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 [HS21] !M above. [The fair- sha
...tribtAie for- r -ea s ,ill be satisfied rpen eeffiplefien of the University Drive
(Read seetions > >and> >
KeehekWele Highway (Read c
> Kealakaa Street E3E4ensien (Road >
and Read
1 ,,,,,1 their asseeiated k4e fseetiens.] The construction and land costs associated
with the construction, as described in Condition T, of Road 1, Road 2, Road 3A,
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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 -.]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.
IPP—.ISS. 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.
W01 ... . ...
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�] 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.
W. 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.
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SECTION 4. This ordinance shall take effect upon its approval.
Kona , Hawai`i
Date of Introduction: March 3, 2021
Date of 1 st Reading: March 3, 2021
Date of 2nd Reading: March 17, 2021
Effective Date: March 31, 2021
REFERENCE Comm. _51.11
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF H WAI`I
-31-
Introduced By:
Date Introduced
First Reading:
"Published:
REMARKS.•
Second Reading:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Ashley L. Kierkiewicz (B/R)
March` 3 , 2021
March 3, 2021
March 12, 2021
March 17, 2021
To Mayor:
March
25,
2021
Returned:
March
31,
2021
Effective:
March
31,
2021
Published:
Aril
16.
2021
f i�`M
(Draft 2)
ROLL CALL VOTE
_
AYES
NOES
ABS
EX
Chung
X
David
X
X
Inaba
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
Richards
X
Villegas
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Inaba
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Lee Loy
X
Richards
X
Villegas
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
f
CO UN IL ON
st
prove isai�p�proved this day
of 20 Z RK
Bill No.: 11 (Draft 2)
MAYOR, COUNTYOFHAWAI`I Reference: C-51.11/PC-11
,:,•..
Ord No.: F" : 21 27
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to Project District (PD)
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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 HAWAII, PLANNING DEPARTMENT
DATE November 13, 2020
i
TMK 7-2-05 par 1
i EXHIBIT "A"
(Palamanu1 Global Holding LLC - Map 1168-A)