HomeMy WebLinkAboutCOM 0687.080 2004-2006 rtr as y
STACY K. RIGA Phone: (808) 961-8396
Chair & Presiding o~czr Fax: (808) 961-8912
DislricrJ _ Email: shiga@co.hawaii.hi.us
~ Of ~M.
HA WAI `I COUNTY COUNCIL
Counh~ of Hax~ai `i
Hax~ui'i Courvy Building
35 Auinmi Sureet. Snite 309
Hilo. Hawni'i 96°30
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June 21, 2006
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MEMORANDUM -
,:.c
-r~
TO: Council Members
Hawaii County Council _
FROM: Stacy K. Higa, Council Chair ~-Fn SY,t}
Hawaii County Council
SUBJECT: Bi11224, Draft 4
Applicant: Hiluhilu Development, LLC
Attached for your review and consideration is Bi11224, Draft 4, which proposes
following amendments:
1. Amend Condition "D"
D. The project shall consist of a maximum of 725.2 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.
2. Amend Condition "I"
I. The uses allowed in the Project District shall be all permitted uses allowed
by right in the RS, RM, CN and CV zoned districts, and related facilities.
Uses allowed by Use Permit in the CV district, other than golf courses,
may be allowed by use permit.
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Page 2 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
3. Amend Condition "J"
J. A detailed Master Plan of the Project District, which includes the location
and number of residential lots and units, hotel, university and public
school facilities commercial uses, parking, open space and recreational
areas and other related improvements on the property, shall be submitted
to the Planning Director within two (2) years from the effective date of the
Project District Ordinance or prior to submission of plans for plan
approval or subdivision approval, whichever occurs first.
4. Amend Condition "L"
L. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
Landscaping rules, such as the screenin og fsingle-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. Multi-family residential and hotel developments: 45 feet
c. Office and retail commercial development (not more than
three stories): [40] 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.
5. Amend Condition "P"
P. Occupancy of the hotel shall not be granted until the construction of the
Queen Kaahumanu Highway, Phase II widening improvements to four
lanes from Kealakehe Parkway to the Kona International Airport at
Keahole has been secured by the State entering into a construction
contract for the improvements, or until construction has commenced on
the 20,000 square foot University building [
o_ .,..>,o r r..:..e.~:,.. ,.c u.,..,.,: f ...~o l z or the building s completion
has been assured by bond or other security applicable to the Planning
Director, whichever comes first.
Page 3 of 13
Bill 224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
6. Amend Condition "S"
S. Total retail space (not including restaurants) shall not exceed [H~;9A9]
75,000 squaze feet under roof until the construction of the Queen
Kaahumanu 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. The square footage of improvements leased or given to the
University of Hawaii shall not count against this limit.
7. Amend Condition "U"
U. The applicant shall develop one 20 acre active park site prior to occupancy
of the first residential unit on the property. The 20 acre active pazk site
shall include two playing fields which may be one baseball field[;] and
one soccer field, or two baseball fields or two soccer fields, parking lot
and restrooms, with the specific requirements to be determined in
consultation with the Department of Parks and Recreation. The 20 acre
active park shall be constructed to a~i~i°a~t~'a~] county~edicable
standards and the county shall accept dedication.
8. Amend Condition "X"
X. The applicant shall construct the following roads to access other properties
and the regional road system:
1. [~4airrp] Project access road from the Queen Kaahumanu Highway
to the eastern boundary of the project. (Road "1" on attached map
Exhibit "B"): [The main project access road] Road "1"shall
intersect with the Queen Kaahumanu Highway at a location
approved by the State Department of Transportation, and shall
connect with Makalei Drive at the eastern (mauka) end. The road
shall be constructed on an 88-foot wide right-of--way, as a two-lane
road, to county-dedicable standards as a collector road, from the
Queen Kaahumanu Highway to the intersection with Road " 3".
From Road " 3" to the intersection with Makalei Drive, Road "1"
shall be constructed to county-dedicable standards as a minor
street, except that design standazds shall be varied to permit the
connection with Makalei Drive without encroaching into the
Lowland Dry Forest Preserve. The connection with Makalei Drive
shall be designed to not encroach into the Lowland Dry Forest
Preserve. The grade shall not exceed 10%, except neaz the
connection with Makalei Drive. At the Queen Kaahumanu
Page 4 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
Hiehway, the intersection shall be improved in accordance with the
following two options:
(a) If a grade separated interchange is available to connect Road"P'
to Queen Kaahumanu Highway when Applicant is ready to
construct Road"P; Applicant will connect Road"P'to such
interchange and in such case, Applicant will contribute $1,500,000
to the Department of Transportation.
(b) If a grade separated interchange is not available to connect
Road"P'to Queen Kaahumanu Highway when Applicant is ready to
make the connection, Applicant['
w..n «w° i°. n....r^°..«~.. ° ° 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 Kaahumanu
Highway, aleft-tum lane on Queen Kaahumanu Highway, a refuge
lane for vehicles turning left into Queen Kaahumanu Highway, and
a dedicated right-turn and left-turn lane from [fit
~raad] Road"P'to Queen Kaahumanu Highway. If warranted,
at the request of Department of Transportation, the applicant shall
install traffic signals and a second left-turn lane from the main
project access road to the Queen Kaahumanu Highway.
2. `iv5d-Level Road'from ° ^°a] Road"P'to
Kaiminani Drive (Road`~'on Exhibit`Bj: The applicant shall
construct the mauka half-section of a 120-foot wide right-of-way
to county-dedicable standards as a collector road. The applicant
shall construct the intersection at Kaiminani Drive meeting with
the approval of the Department of Public Works, but the
intersection shall include aleft-turn lane on Kaiminani Drive.
3. A north-south collector road at approximately the 600-foot
elevation (Road"3'on Exhibit`B~: The north-south collector road
shall be designed to function as a portion of a [€at~}re] collector
road (Road"4~ connecting Highway 190 with [the-x3airr-pre}ee~
ae~ess-read] Road"P'and the Queen Kaahumanu Highway. Road"3'
shall be constructed to county-dedicable standards as a 60-foot
wide collector road with an 88-foot wide right-of--way. The
applicant shall construct the intersection between Road"3'and [the
° Road"P'meeting with the approval of the
Department of Public Works.
Page 5 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
4. New Connector Road to Mamalahoa Highway Project (Road "4"
on attached Map Exhibit "B"). [
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Page 6 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
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Applicant shall construct Road "4", at its sole Jexpense, as a two-
lane 60-foot wide county-dedicable collector road, including
shoulders and swales, within an 88-foot right-of--way. The final
design and maximum grade of Road "4" shall be determined by the
Director of Public Works afrer consultation with the Plannin¢
Director. Applicant shall not be required to install streetlights,
except at the intersection with Highway 190, or utilities. If another
private developer is required to participate in building Road "4" as
a condition of land use approvals, Applicant's share shall be
limited to the portion of Road "4" on Applicant's property or on
State land. The County shall obtain the necessary right-of--way
outside of Applicant's property.
Page 7 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
5. A road to connect south to the future extension of Holoholo Street
-Nana Street (Road "5" on Exhibit "B"): The applicant shall build
Road "5" within the project area to county-dedicable standazds as a
minor street, and it shall intersect with
read-(]Road "1"[)].
6. The Planning Director may require other local streets within the
project to provide local connections to the adjoining property to the
north and south as a condition of subdivision approval or plan
approval.
7. At the western (makai) end of Makalei Drive, the applicant shall
provide safety improvements necessary to make a safe transition to
[ Road "1 which may include, but aze not
limited to, rumble strips and establishing superelevation for the
curve, as required by the Department of Public Works.
8. The following road improvements shall be completed before a
certificate of occupancy is issued for any portion of the subject
property or completion of any single-family homes, whichever
comes first:
(a) ° ]Road "1"[j], at least from
the Queen Kaahumanu Highway to the intersection with the
Mid-Level Road (Road " 2");
(b) the intersection of the main project access road with the
Queen Kaahumanu Highway; and
(c) the Mid-Level Road (Road " 2) from the main project
access road to Kaiminani Drive, and the Kaiminani Drive
intersection.
9. The following road improvements shall be secured by bond or
other surety meeting with the approval of the Planning Director to
guazantee that the improvements will be completed within two (2)
years after the issuance of a certificate of occupancy for any
portion of the subject property, or completion of any single-family
homes, whichever comes first:
(a) the remaining portion of Road "1", including any
necessazy improvements to the lower portion of Makalei
Drive;
Page 8 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
(b) Road " 3", and
(d) Road "5."
10. Applicant shall complete Road "4" no later than six (6) years after
the effective date of this ordinance, except as may be allowed
under Condition "UU". Applicant shall assure the completion of
Road "4" by bond or other security accepted by the Plannin¢
Director no later than the issuance of a certificate of occupancv for
building other than the Universitv or the State Department of
Education (DOEI building. or final subdivision approval for anv
subdivision creating single-family residential lots. Certificate of
occupancv for any building, other than the Universitv or DOE
buildings shall not be issued, and final subdivision approval for
any subdivision creating single-family residential lots shall not be
granted until the necessary right-of--way for Road "4" has been
obtained from anv other private landowners.
9. Amend Condition "BB"
BB. All development generated runoff shall be disposed of on-site and shall
not be directed toward any adjacent properties. A drainage study shall be
prepared and submitted to the Department of Public Works prior to
issuance of any construction permit. Drainage improvements shall be
constructed, meeting with the approval of the Department of Public
Works, prior to issuance of a certificate of occupancy for any buildings, or
final subdivision approval for any subdivision creating single-family
residential lots.
10. Amend Condition "EE"
EE. University of Hawaii Condition. Applicant shall provide the following to
relocate the University of Hawaii operations:
1. Connectivity with the University of Hawaii 500 acre site.
Applicant shall allow the University of Hawaii to connect with its
wastewater and water supply systems on terms consistent with the
April 16, 2004 Memorandum of Agreement, or any subsequent
amendments. Applicant shall also allow the University of Hawaii
to connect electrical and telecommunication systems to facilities
installed within the project. ^
Page 9 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
2. Build Applicant's wastewater treatment system to handle the
wastewater from the initial University of Hawaii building [te-be
r...:,r rt,n cnn nn.nn „c crnr„ ,n«a] and design the wastewater
treatment system to accommodate future expansion for wastewater
from future expansion of the University of Hawaii academic
operations.
3. [lam] Construct an initial classroom and administration building
of 20,000 square feet, with associated parking, at Applicant's
expense r„ n ,.Fez cnn nnn rt.n cnn n n ,.F crnrn
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land]. If the cost of the building and associated parking will
exceed $5,000,000, Applicant shall have the right to reduce the
size of the building so that the project cost does not exceed
$5,000,000. The building shall be constructed on the State land
designated for University use in close proximity to Applicant's
proposed University Village. If the necessary consents and
approvals catmot be obtained from the State, Applicant may
construct the building on its properiy, within or in close proximity
to the proposed Universitv Village. Applicant shall commence
construction of the building, or assure its construction by a bond or
other security accepted by the Planning Director and the
Chancellor of Hawaii Community College, before the issuance of
a certificate of occupancy for any building, other than the DOE
building, or final subdivision approval for any subdivision creating
single-family residential lots. Applicant shall complete
construction of the Universitv building no later than two (2) years
after the issuance of a certificate of occupancy for any building,
other than the DOE building, or final subdivision approval for any
subdivision creating single-family residential lots. The location and
design of the building (interior and exterior) and related
improvements will be on terms mutually acceptable to Applicant
and the University of Hawaii.
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Page 10 of 13
Bi11224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
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11. Reletter Conditions "FF" to "SS" to Conditions "GG" to "TT"
12. Add a new Condition "FF"
FF. 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 cony 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 proiect site to use for a period of twenty (20) years,
subiect to the following conditions:
1. No rent or common area maintenance fees will be chazged 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 subiect 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~~eazs from the completion of
any single-family residential building within the development,
whichever comes first.
6. Following the initial twenty (201 yeaz 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.
Page 11 of 13
Bill 224, Draft 4
Hiluhilu Development, LLC
June 21, 2006
7. If the DOE and Applicant determine that despite good efforts, a
building cannot be provided, or the DOE no loner needs the facility
and its desi¢n has not been completed, Applicant will make an
etc uivalent 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 buildin¢ and its use is meant to be credited against
any DOE requirements under the State Land Use Decision and Order.
13. Amend Condition "HH"
[C~] HH. To ensure that the Goals and Policies of the Housing Element of the
General Plan aze implemented, the applicant shall comply with the
requirements of Chapter 11, Article 1, Hawaii County Code, relating to
Affordable Housing Policy. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development
prior to receipt of Final Plan Approval and/or Final Subdivision Approval
for any subdivision creating single-family residential lots, whichever
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 housine credits generated off-site.
14. Amend Condition "00"
[1~1-] 00. To ensure that the property will be developed as an integrated project, the
applicant shall establish covenants to all deeds to any pazcels, 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 vazious pazcels are subject to an overall zoning that
requires coordinated development. Until the master association is formed,
the applicant shall be responsible for ongoing duties such as the
management of the Dry Forest Preserve Area and other stewardship
duties, and for contingent project responsibilities [
47.......«..t.....,ti......C D..,.A «n„ ] After the formation of the master
association, those responsibilities, except for offsite infrastructure
requirements, shall be transferred to the master association.
Page 12 of 13
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Hiluhilu Development, LLC
June 21, 2006
15. Amend Condition "PP"
[9~] PP. The applicant shall make its fair shaze contribution to mitigate the potential
regional impacts of the property with respect to pazks and recreation, fire,
police, solid waste disposal facilities and roads. The fair shaze contribution
shall become due and payable on the sale or lease of residential units
subject to such contribution. The fair shaze contribution shall have a
maximum combined value of $6,411.25 per multiple family residential unit
($9,991.20) 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 shaze contribution
per multiple family residential unit (single family residential units) shall be
allocated as follows:
1. $3,162.49 per multiple family residential unit ($4,817.93 per single
family residential unit) to the County to support pazk and
recreational improvements and facilities;
2. $99.95 per multiple family residential unit ($232.42 per single
family residential unit) to the County to support police facilities;
3. $307.46 per multiple family residential unit ($459.06 per single
family residential unit) to the County to support fire facilities;
4. $137.04 per multiple family residential unit ($200.98 per single
family residential unit) to the County to support solid waste
facilities; and
5. $2,704.31 per multiple family residential unit ($4,280.82 per single
family residential unit) to the County to support road and traffic
improvements.
The fair shaze contribution shall [t~apPl~-te] be waived for the
affordable housing units. In lieu of paying the fair share contribution, the
applicant may contribute land and/or construct improvements/facilities
related to parks and recreation, fire, police, solid waste disposal facilities
and roads 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 shaze 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 pazk described in Condition U above. The fair shaze
contribution for roads will be satisfied upon completion of the Mid-Level
Page 13 of 13
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Hiluhilu Development, LLC
June 21, 2006
Road (Road " 2"), Road " 3", Road "5" and Road "4A".
16. Amend Condition "TT"
[&S] TT. An initial extension of time for the performance of conditions within the
ordinance, except for the six-yeaz time limit in Condition X.10, may be
granted by the Plazming Director upon the following circumstances.
1. The non-performance is the result of conditions that could not have
been foreseen or aze beyond the control of the applicant,
successors or assigns, and that aze not the result of their fault or
negligence.
2. Granting of the time extension would not be contrazy to the
General Plan or Zoning Code.
3. Granting of the time extension would not be contrazy to the
original reasons for the granting of the Project District.
4. The time extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition to be
performed within one year may be extended for up to one
additional yeaz).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the
County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in
a timely fashion, the Planning Director may initiate rezoning of the subject
area to its original or more appropriate designation.
17. Add a new Condition "UU"
UU The Planning Director may Hermit an extension of the six-veaz time limit
to comylete Road "4" in Condition X.10 provided that the requirements of
Condition "TT" aze met and in addition, the new deadline for the
completion of Road "4" is not more than two (21 years after the
completion of any buildin¢ including sin¢le-family residential buildings,
other than the University building or the DOE building.