HomeMy WebLinkAboutCOM 0495.010 2008-2010
BRENDA J. FORD
Council Member
District 7 - Central Kona
Phone:
Fax:
E-Mail:
(808) 326-5684
(808) 329-4786
bford@co.hawaii.hi.us
HAW API COUNTY COUNCIL
County of Hawai 'i
Kailua Trade Center
75-5706 Hanama Place. Suite 109
Kailua-Kona, Hawai 'i 96740
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October 6, 2009
C1)
TO: J Yoshimoto, Chair
and Members ofthe Hawai'i County Council
FROM: ~~renda 1. Ford, Council Member
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RE:
Proposed Amendments to Bill 137; Relating to an Ordinance Amending
Ordinance No. 06-105
Please find attached proposed amendments to Bill 137. The amendments are illustrated below via
Ramseyer format with respect to Bill 137. Proposed amendments are bolded for illustrative purposes
only. The attached draft copy of Bill 137, Draft 2, incorporates these amendments, which are illustrated
via Ramseyer format with respect to the existing provisions of Ordinance No. 06-105.
These proposed amendments are meant to replace those provided in Communication No. 495.6.
Conditions 1., J., K., L., S., Y., BB., CC., 00., and SS. as provided in Communication 495.6 have been
further amended; the remaining Conditions proposed for amendment by Communication 495.6 have not
been altered in any way.
1. Condition D is amended to read as follows:
"D. The project shall consist of a maximum of 695.282 acres for single-family
and multi-family residential, commercial uses, hotel, university and public
school facilities, dry forest preserve, archaeological and cave preserve
areas, active and passive parks, a trail system and supporting
infrastructure. The applicant shall meet with the Kona Community
Development Plan Action Committee within 60 days of the effective
date of this amendment for the committee's input to this application."
Serving the Interests of the People of Our Island
~n;:o,~[~ I
Ref. Date ttr 0'7 ~
Hawai'i County Is An Equal Opportunity Provider And Employer
October 6, 2009
Page 2 of 22
2. Condition E is amended to read as follows:
"E. The [maximum] number of residential units allowed shall be 1,116 units,
[in eluding] which includes a maximum of 930 market price housine units
and a minimum requirement to earn 186 credits for on-site affordable housing
units[...]; however. any affordable housine credits earned from the 29.918-acre
industrial-commercial mixed zonine (MCX) that was removed from this
project district under Ordinance No. shall be added to the minimum
number of affordable housine credits noted in this condition and constructed
onsite in the remainder of the project district."
3. Condition I is amended to read as follows:
"I. The uses allowed in the Project District shall be all permitted uses allowed by
right in the RS, RM, CN and CV zoned districts [, and a golf eourse and related
facilities.] unless specifically prohibited by this ordinance. Uses allowed by
Use Permit in the CV district may be allowed unless specifically prohibited by
this ordinance. Any eolf course or supportine facilities are specifically
prohibited in this Project District as a permitted use or by a Use Permit in
perpetuity. "
4. Condition J is amended to read as follows:
"J. A detailed Master Plan ofthe Project District, which includes the location and
number of residential lots and units, hotel, commercial uses, parking, [gmf
course] open space~ [aBtl] park 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]
this amended ordinance or prior to submission of plans for plan approval or
subdivision approval, whichever occurs first. Exceptions to the two-year timine
for submission of the Master Plan are listed in Condition L. below."
October 6,2009
Page 3 of 22
5. Condition K is amended to read as follows:
"K. Substantial construction of the remainder of the proposed development not
defined in Condition L. shall commence within five (5) years (2014) from the
effective date of the Project District Ordinance. "Substantial construction" on the
remainder of the proiect not defined in Condition L. 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, paved accesses and parking stall, and other
improvements associated with the proposed uses."
6. A new Condition L is added to read as follows:
"L. Development schedule for portions of the Proiect District:
1. The followine: portions of the applicant's development shall comply
with the schedule listed below and shall start construction within
ninety (90) days after the permits are e:ranted;
a. The university buildine: and all of the improvements associated
with it (apply for permit within nine months; construction to
be completed by November 1. 2012);
b. Road section 2A (apply for permit within nine months;
construction to be completed by November 1. 2012);
~ The improvements at the Queen Ka'ahumanu Hie:hway and
University Drive intersection (construction to be completed by
November 1. 2012);
d. Kamanu Street (Road 3A) (apply for permit within nine
months; construction to be completed by November 1. 2012);
and
!.:. The applicant shall apply for its permit to build the
October 6, 2009
Page 4 of 22
Intersection 2B-6A of University Drive and the Ane
Keohokalole Hie:hway (Road 6A) when the applicant reaches
the 101st housine: permit or the County receives a fundine:
commitment for the Ane Keohokalole Hie:hway construction.
whichever occurs first."
7. Conditions Land M are relettered to Conditions M and N.
8. Previous Condition N is relettered to Condition 0 and further amended to retain language
stricken out in Bill 137, to read as follows:
"[N.] O. To ensure that the project is developed accordine: to its stated e:oal of
creatine: a mixed-use residential community. the project shall include residential
development. The project shall have at least one residential unit for every 600
square feet of nonresidential development (under rooD. Space used by the
University shall not be included in the calculation of nonresidential space. There is
no minimum requirement for the nonresidential development."
9. Condition N is relettered to Condition P.
10. Condition 0 is relettered to Condition Q and further amended to read as follows:
"[G.]2:, 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 [Keahale] Keahole has been secured by
the State entering into a construction contract for the improvements, or until
improvements construction has commenced on the 20,000 square foot University
building, or the building's completion has been assured by bond or other security
acceptable to the [Planning, Director] corporation counsel, whichever comes first.[.]
A bond or other security shall be subject to a separate contract acceptable to
corporation counsel."
11. Conditions P and Q are relettered to Conditions Rand S.
October 6, 2009
Page 5 of 22
12. Condition S is amended to read as follows:
"u. [The }"1pplieant shall develap one 20 aere park site priar ta the issuanee of
the 101st building permit for a single family residenee within the prajeet.
The 20 aere aetive park site shall inelude two playing fields whieh may be
one baseball field and one soeeer field or twa baseball fields or two soeeer
fields, parking lat and restraoms, with. the speeifie requirements ta be
determined in eonsultation with the Department af Parks and Reereation.
The 20 aere aetiYe park shall be eonstrueted to eounty dedieable standards,
and the eounty shall aeeept dedieatian.)
Park Site
1. The Applicant shall develop one active 20-acre park site prior to the
issuance of any combination of building permits plus the number of
residential units in this project district or in the 29.918-acres of the
Industrial-Commercial district (MCX) previously removed in
Ordinance No. shall be calculated in the following manner:
.uti Every initial permit for a commercial or industrial building
shall each be counted as one building permit. plus;
ill Every subsequent building permit to remodel a bay or portion
of a commercial or industrial structure shall each be counted
as one building permit. plus;
~ Every permit for a single-family and for a zero-lot line house
shall each be counted as one buildine: permit. plus;
@ Every permit for a multi-family (RM) or double-family (RD)
residential unit shall each be counted as one building permit.
plus;
W Every residential unit in excess of one in each multi-family
residential unit (RM) or double-family (RD) unit shall be
added to the total combination of permits and residential units;
and
ill Before the combination of building permits and residential
units equals 100. the applicant shall complete the 20-acre park
October 6, 2009
Page 6 of 22
and other park amenities as required in Item 2. below.
2. The 20-acre active park site shall be constructed to the specific
requirements to be determined in consultation with the Department of
Parks and Recreation. The park shall include:
!.!l The 2:radin2: and levelin2: of the entire 20-acre park site before
the first playin2: field is constructed;
ill One Pony Plus Lea2:ue baseball-softball field includin2::
ill A're2:ulation backstop;
ill A re2:ulation dU2:out for each side of the field;
ill Portable bleachers to seat a minimum of 50 persons in
each bleacher - one bleacher for each of the sidelines;
ffi Appropriate fencin2: to protect the spectators;
ill Appropriate fencin2: to protect the teams;
@ Fencin2: for the perimeter of the baseball field;
ill ADA accessible pathways to reach the baseball-softball
field from the parkin2: area;
00 Placement of 2:rass for appropriate areas of the field;
and
!2l An irri2:ation system installed for the playin2: field.
~ One Little Lea2:ue baseball-softball field includin2::
ill A re2:ulation backstop;
ill A re2:ulation dU2:out for each side of the field;
ill Portable bleachers to seat a minimum of 50 persons in
each bleacher - one bleacher for each of the sidelines;
ffi Appropriate fencin2: to protect the spectators;
ill Appropriate fencin2: to protect the teams;
@ Fencin2: for the perimeter of the baseball field;
ill ADA accessible" pathways to reach the baseball-softball
field from the parkin2: area;
00 Placement of 2:rass for appropriate areas of the field;
October 6, 2009
Page 7 of 22
and
{2} An irrie:ation system installed for the plavine: field.
@ One ree:ulation adultlhie:h school soccer field that shall include:
ill Portable bleachers to seat a minimum of 50 persons in
each bleacher - one bleacher for each of the sidelines;
ill ADA accessible pathways to reach the soccer field from
the parkine: area;
ill Placement of e:rass for appropriate areas of the field;
and
ill An irrie:ation system installed for the soccer field.
!!:l One comfort station. 30 x 60 feet with lie:htine:. water. and ADA
compliant restroom facilities and ADA accessible pathways
from the parkine: area. constructed to specifications and placed
in locations to be determined bv the department of parks and
recreation;
ill An office - equipment storae:e buildine: to store maintenance
equipment for the park that is at least 1.000 square feet;
{g} One paved parkine: lot with 56 full size parkine: stalls and 4
van- accessible ADA parkine: stalls for a total of 60 paved
parkine: stalls connected bv ADA accessible pathways to all
activity areas of the park. hardened with fencine: and a e:ate so
that unauthorized vehicles cannot access the park after hours;
ilil Picnic tables that are ADA accessible from pathways from the
parkine: lot and placed in locations selected bv the department
of parks and recreation;
ill A copy of all plans. desie:ns. and blueprints of the park shall be
furnished to the County of Hawai'i for its future use as the
County deems appropriate. Such plans. desie:ns. and
blueprints shall include but are not limited to: layouts of the
water system. irrie:ation system. water spie:ots. field layouts
with location of fences. backstops. bleachers. storae:e units.
October 6, 2009
Page 8 of 22
comfort stations. septic system with leach line locations.
electrical lines and iunction boxes. meters. and landscape
desi2:n. and shall be provided to the department of parks and
recreation within one month of completion and prior to
dedication of the park. These plans. desi2:ns. and blueprints
may be used by the County without any le2:al restrictions in
future developments for other County parks~ and
ill Landscapin2: throu2:hout the park shall be principally native
Hawaiian species. and irri2:ation shall be provided to all plants.
3. The 20-acre active park shall be constructed to County-dedicable
standards. and the County shall accept dedication."
13. Conditions T and U are re-Iettered to Conditions V and W.
14. Condition V is relettered to Condition X, and further amended to read as follows:
"X. 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:
1. University Drive (Road 2 - Kona CDP Map, Figure 4-3) within the property from
the Queen Ka'ahumanu Highway to [Malmlei] Makalei Drive:
a. From the Queen Ka'ahumanu Highway intersection to the proposed Ane
[Keahokalole] Keohokalole Highway (Road 6A - Kona CDP Map,
Figure 4-3), University Drive (Road 2) shall consist of an 88-foot right-of-
way with two lanes constructed to County-dedicable standards. [+his]
Each of the followin2: sections of this roadway shall be dedicated to the
County upon its individual completion.
ill The first section ofthis roadway (2A) shall be constructed to
County dedicable standards from the Queen Ka'ahumanu
Highway to approximately 800 feet mauka of the Kamanu Street
(Road 3A - Kona CDP) Intersection 2A-3A. and shall be
October 6, 2009
Page 9 of 22
ill
[tint] ill
completed prior to the opening of the first building constructed on
the State land for the University of Hawai'i or before a Certificate
of Occupancy is issued for any portion of the subject property or
the completion of any single-family residential homes, whichever
occurs first. Road section 2A is a priority and shall be
completed as the first road into the proiect. This road section
shall be dedicated to the County within six months of its
completion.
[+he remaining section of this roadway from the Kamanu
Street (3A) to Makalei Driye shall be constructed and
dedicated to the County upon its completion.] Road section
(2B) of this roadway from approximately 800 feet mauka of the
Kamanu Street (Road 3A - Kona CDP) Intersection 2A-3A to
the Ane Keohokalole Hie:hwav Intersection 2B-6A shall be
constructed to County dedicable standards in time to be
connected to the northern end of the County's portion of the
Ane Keohokalole Hie:hwav (Road 6A) where it meets the
proiect. Road section 2B shall be dedicated to the County
within six months of its completion. Road section 2B shall be
completed no later than the Ane Keohokalole Hie:hwav.
[From the] Road section 2C from Intersection 2B-6A of the
proposed Ane [Keohokalole] Keohokalole Highway (6A) to
[Makalei] Makalei Drive includine: the MakaIei Drive
Extension [, the road] shall be constructed to County-dedicable
standards as a minor street, except that design standards [shall]
may be varied to permit the connection with [Makalei] the
existine: Makalei Drive without encroaching into the lowland Dry
Forest Preserve. [The eonnectionwith Makalei Drive shall be
designed to not encroach into the Lowland Dry Forest
Preserve.] The grade shall not exceed ten (10) percent, except
near the connection with [Makalei] Makalei Drive. This road
October 6, 2009
Page 10 of22
section shall be completed no later than the completion date of
Road 1 (Kona CDP). This road shall be dedicated to the
County within six months of its completion.
[eo] !!:.,.At the Queen Ka'ahumanu Highway and University Drive intersection,
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 [Fead] ready to
construct the lower section of University Drive (Road 2A - Kona
CDP), the applicant will connect to such interchange and in such
case, applicant will contribute $1,500,000 to the Department of
Transportation.
(2) If a grade separated interchange is not available to connect
University Drive (Road 2) to Queen Ka'ahumanu Highway when
the applicant is ready to make the connection, applicant shall
improve the intersection at its expense as required by the
Department of Transportation, but shall include, at a minimum, a
deceleration and an acceleration lane on Queen Ka'ahumanu
Highway, a left-turn lane on Queen Ka'ahumanu Highway, and a
dedicated right-turn and left-turn lane from University Drive
(Road 2) to Queen [Kaal1umanu] 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 Ka'ahumanu
Highway.
(3) The intersection improvements with the Queen Ka'ahumanu
Highway shall be completed prior to the opening of the first
building constructed on the State land for the University of
Hawai'i but no later than November 1.2012 or before a
Certificate of Occupancy is issued for any portion of the subject
October 6,2009
Page 11 of22
property or the completion of any single-family residential homes,
whichever occurs first.
2. Kamanu Street (Road 3A - Kona CDP) from University Drive (Road 2 - Kona
CDP) to Kaiminani Drive:
a. The applicant shall construct the mauka half-section of a 120-foot wide
right-of-way to County-dedicable standards as a two-lane collector road.
b. The applicant shall construct the intersection at Kaiminani Drive meeting
with the approval of the Department of Public Works. The intersection
shall include a left-turn lane on Kaiminani Drive.
c. The intersections at the northern (Intersection 2A-3A) and southern end
of this road shall have illumination.
d. 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 and its intersections shall be completed
prior to the opening of the first building on the State land for the
University of Hawai'i. This road is a priority and shall be completed
simultaneously with the first road section (Road 2A) of the proiect.
f. This road shall be dedicated to the county within six months of its
completion.
3. Ane [Keahakalole] Keohokalole Highway (Road 6A - Kona CDP):
a. The portion of Ane [Keohakalole] Keohokalole Highway (Road 6A)
within the property' shall have a right-of-way width of 120 feet. The
applicant shall construct a half-section, two-lane collector road, within
this 120-foot right-of-way to County-dedicablestandards. This roadway
shall be designed to function as a portion of a future road (Road 1 - Kona
CDP) connecting Mamalahoa Highway (Hwy. 190} with University
Drive and the Queen Ka'ahumanu Highway.
b. The applicant shall construct the intersection of University Drive and the
Ane [Keehakalele] Keohokalole Highway (Intersection 2B-6A)
October 6, 2009
Page 12 of22
meeting with the approval of the Department of Public Works[...] and
complete Intersection 2B-6A when the applicant reaches the 101st
housin2 permit or as close to simultaneously as possible when the
construction of the County's portion of the Ane Keohokalole Hi2hway
(6A) joins the project district. whichever occurs first. Intersection 2B-
6A shall be dedicated to the County within six (6) months of its
completion.
c. [This roadway shall be dedieated to the County when the County
requires it to eonneet with Road 1 (Kona CDP). .\ne Keohokalole
Highway (6.\), whieh is dead ended for future eonneetions, shall have
preliminary engineering for teehnieal feasibility and environmentally
eleared for eonstruetion, a minimum of 500 feet from the subjeet
property boundary into the adjaeent properties.]
The portion of the Ane Keohokalole Hi2hway (6A) within the proiect
district shall be constructed when the applicant reaches the 101 st
housin2 permit or as close to simultaneously as possible when the
construction of the County's portion of the Ane Keohokalole Hi2hway
(6A) joins the project district. whichever occurs first. Ane
Keohokalole Hi2hway (6A) shall be dedicated to the County within six
(6) months of its completion.
d. The applicant shall complete the preliminary en2ineerin2 for
technical feasibility of the Ane Keohokalole Hi2hway (Road 6A) and
have the roadway environmentally cleared for construction for a
minimum of 500 linear feet by 200 feet wide from the subject property
boundary into the adjacent properties.
4. New Connector Road (Road 1 - Kona CDP):
!h 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 the Mamalahoa
Highway (Hwy. 190} within the private properties shall have a right-of-
way width of 88 feet.
b. Applicant shall construct Road 1 (the extension of Ane Keohokalole
October 6, 2009
Page 13 of22
Highway from the north side of the proiect district and continuing
north and east to the Mamalahoa Highway), 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.
c. The applicant shall continue preparatory work for the design of Road l,
including working with the County of [Hawaii] Hawai'i 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. The applicant shall provide Quarterly
information to the planning director on the status of negotiations for
easements for the right-of-way. If the applicant cannot or does not
obtain the easements within 18 months. the county may begin eminent
domain proceedings for the right-of-way. The County shall obtain the
necessary right-of-way outside of applicant's property.
d. Applicant shall not be required to install utilities or streetlights on Road 1,
except that streetlights shall be installed by the applicant at the intersection
with Highway 190. [The County shall obtain the necessary right of way
outside of applicant's property.]
~ Completion of Road 1 will be secured by bond or other security meeting
the approval of the [Planning Direetor] corporation counsel to
guarantee that improvements will be completed by the deadline specified
in this condition. The bond or other security shall be provided prior to the
granting of final subdivision approval on the property containing single-
family lots. A bond or other security shall be subiect to a separate
contract acceptable to corporation counsel.
f: The applicant shall complete Road 1 no later than six (6) years after the
entire right-of-way is acquired. This road shall be dedicated to the
county within six months of its completion. [The time extension
proyisions of Condition RR shall also apply to Road 1.] There shall
October 6, 2009
Page 14 of22
be no time extension on this condition.
5. [Kealakaa] Kealaka'a Street Extension (Road 7 [6ft] : Kona CDP):
[The applicant shall reserve an 88 foot right of way for the Kealakaa Street
Extension v/ithin its property for future use as a County road. The applicant
shall construct the road to County dedicable standards as a minor collector
road at its sole expense and dedicate it to the County of Hawai'i '.vhen a
connection at the southerly boundary of the project is opened. Kealakaa
Street (7), which is dead ended for future connections, shall ha';e preliminary
engineering for technical feasibility and environmentally cleared for
construction, a minimum of 500 feet from the subject property boundary into
the adjacent property.]
a. The applicant shall reserve an 88-foot ri2;ht-of-wav for the Kealaka'a
Street Extension within its property for future use as a County road.
b. The applicant shall construct the portion of Road 7 that is inside the
proiect area and have the roadway environmentally cleared for
construction for a minimum of 500 linear feet bv 200 feet wide from
the subiect property boundary into the adiacent properties.
c. The applicant shall also construct Intersection 2C-7. Both the road
and the intersection shall be constructed to County-dedicable
standards as a minor collector road at its sole expense when a
connection at the southerlv boundary of the proiect is opened or the
applicant reaches the 101st housin2; permit or as close to
simultaneouslv as possible when the construction of the county's
portion of the Ane Keohokalole Hi2;hwav (6A) ioins the proiect
district. whichever is first.
d. The applicant shall dedicate the road and the intersection to the
County of Hawai'i within six months of its completion.
6. At the western (makai) end of [Makalei] existin2; Makalei Drive, the applicant
shall provide safety improvements necessary to make a safe transition to
October 6, 2009
Page 15 of22
University Drive (Road section 29, which may include, but not limited to,
rumble strips and establishing super-elevation for the curve, as required by the
Department of Public Works.
[Makalei] 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.
15. Condition W is relettered to Condition Y.
16. Condition X is relettered to Condition Z, and further amended to read as follows:
"Z. Construction vehicles shall not utilize the existin2 section of [Makalei] Makalei Drive
for in2ress from Hi2hwav 180 to the applicant's Proiect District or e2ress from the
applicant's Proiect District to Hi2hwav 180; however. construction work within
Makalei Estates on the water system (wells. mains. and tanks) will require access to
the existin2 Makalei Drive from its makai end onlv."
17. Condition Y is relettered to Condition AA, and further amended to read as follows:
"AA. [No 'Vehieular seeurity gate shall be installed within sixty (bO) feet of any proposed
county road and a turnaround gate shall be pro'Vided ,,'ithin the private road or
property an the county road side of the gate.] The Kona Community Development
Plan and the Hawai'i County Code (Chapter 23. Subdivisions) discoura2es 2ated
communities and cui de sacs: therefore. there shall be no 2ated communities or cui
de sacs in the applicant's development."
18. Condition Z is relettered to Condition BB, and further amended to add a hyphen between
the words "development" and "generated".
19. Condition AA is re-lettered to Condition CC.
20. Condition BB is re-lettered to Condition DD, and further amended to read as follows:
"DD. 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
October 6, 2009
Page 16 of22
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 HAR11-62-27(i)."
21. Condition CC is relettered to Condition EE, and further amended to read as follows:
"EE. University of Hawai'i Condition. Applicant shall provide the following to relocate the
University of Hawai'i operations:
1. [Conneetivit)' with] Provide connection of roads and all utilities into the
University of Hawai'i 500-acre site for connection to the first University
buildine:. Applicant shall allow the University of Hawai'i to connect with its
wastewater and water supply systems. Applicant shall also allow the University
of Hawai'i to connect electrical and telecommunication systems to facilities
installed within the project. These connectivity sites shall be to the University's
satisfaction and located along its northern boundary on University Drive
[f2j](Road section 2A - Kona CDP).
2. Build Applicant's wastewater treatment system to handle the wastewater from the
initial University of Hawai'i building and design the wastewater treatment system
to accommodate future expansion for wastewater from future expansion of the
University of Hawai'i operations.
3. Design and construct an initial classroom and administration building of20,000
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 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 [6ft] of the building shall commence as soon as the
University has the required [the] necessary consents and approvals. Ifthe
October 6, 2009
Page 17 of 22
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] corporation counsel and the Chancellor of Hawai'i
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. A bond or
other security shall be subiect to a separate contract acceptable to
corporation counsel.
d. Applicant shall complete construction ofthe University building no later
than two (2). years after the issuance of a certificate of occupancy for any
building, other than the DOE building, or November 1. 2012, or final
subdivision approval for any subdivision creating single-family residential
lots, whichever occurs first. The location and design of the building
(interior and exterior) and related improvements will be on terms
determined by the University of Hawai'i. The University of Hawai'i shall
consult on design of said building with Applicant.
4. Immediatelv 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."
22. Conditions DD and EE are re-Iettered to Conditions FF and GG.
23. Condition FF is re-Iettered to HH, and further amended to read as follows:
"HH. 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
October 6, 2009
Page 18 of22
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, 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 ofthis 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 including those units earned from the 29.
918-acre MCX parcel rezoned from this proiect, and not utilize any affordable
housing credits generated off-site.
1. Due to the applicant's proposal to develop a hotel along with a medical
campus. a research and development facility. and community commercial
space. a greater affordable housing requirement may be imposed. In
accordance with Hawai'i County Code chapter 11. Sections 11-4 (c)
Requirements for resort and hotel uses. and (d) Requirements for industrial
uses. all resort. hotel. and industrial uses generating more than one hundred
employees on a full-time equivalent basis must earn one affordable housing
credit for every four full-time equivalent iobs created. Additionally. any
affordable housing units generated by the MCX zoning removed from this
proiect district shall be applied and built inside this proiect district.
2. Due to the tremendous need for affordable housing units in Kona. the
applicant shall provide affordable housing units in the following manner:
a. Provide for the greatest affordable housing needs by constructing one-
bedroom. two-bedroom. and three-bedroom units with the two- and
three-bedroom units comprising the highest percentage of these units:
b. Provide some for-sale affordable units built as condominiums over
commercial (but not industrial) buildings. Such condominiums would
save the applicant on infrastructure costs:
c. Provide multiplex units with a mix of the various bedroom
configurations listed in a. above: and
October 6, 2009
Page 19 of22
d. Provide affordable zero-lot line houses.
3. The applicant shall build all affordable housing units. whether for rent or for
market purchase. in the following manner:
a. An equal number of units affordable at the 60%. 70%. 80%. 90%.
and 100% percentage of median income;
b. Affordable housing units shall be constructed and intermixed with all
other residential housing price ranges. There shall be no areas of
exclusively affordable housing.
c. While there are no market-priced residential units built in the Proiect
District. the required affordable housing units shall be constructed in
the following increments: 25% - no later than November 1.2012. an
additional 50% - no later tan November 1. 2015. and the final 25% -
no later than November 1.2017; and
d. Once market-priced residential units are under construction. then
20% of the residential units built shall be affordable housing units
until the total commitment for affordable housing is completed.
24. Conditions GG through KK are relettered to Conditions II through MM.
25. Condition LL is relettered to Condition NN, and further amended to read as follows:
"NN. [The PlaBBiBg Director may approye modificatioBs to the INCRl\fP cOBformiBg to
the geBeral purposes of the INCRMP, after eOBsultatioB with the DLNR DOF.A...'V.]
Before any modifications to the INCRMP. the Planning Director shall consult with
the DLNR-DOF A W on any such potential modifications and shall bring those
potential modifications to the council for approval.
26. Condition MM is relettered to Condition 00, and further amended to replace the word
"that" with the word "which", as appearing in the third line of the first sentence.
27. Condition NN is relettered to Condition PP, and further amended to read as follows:
"PP. 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
October 6, 2009
Page 20 of 22
disposal facilities and roads. The fair share contribution shall become due and payable
on the sale or lease of residential units subject to such contribution. The fair share
contribution shall have a maximum combined value of$7,383.36 per multiple family
residential unit ($11,506.13 per single family residential unit). The total amount shall be
determined with the actual number of units according to the calculation and payment
provisions set forth in this condition. The fair share contribution per multiple family
residential unit (single family residential units) shall be allocated as follows:
1. $3,642.00 per multiple family residential unit ($5,548.46 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $115.11 per multiple family residential unit ($267.66 per single family residential
unit) to the County to support police facilities;
3. $354.08 per multiple family residential unit ($528.66 per single family residential
unit) to the County to support fire facilities;
4. $157.81 per multiple family residential unit ($231.45 per single family residential
unit) to the County to support solid waste facilities; and
5. $3,114.36 per multiple family residential unit ($4,929.90 per single family
residential unit) to the County to support road and traffic improvements.
The fair share contribution shall be waived for the affordable housing units. In lieu of
paying the fair share contribution, the applicant may contribute land and/or construct
improvements/facilities related to fire, police, and solid waste disposal facilities within
the region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the appropriate
agencies and approval of the County Council. With respect to the fair share contribution
for parks and recreation, that contribution for all residential units will be satisfied when
Applicant completes and offers for dedication all of the land facilities for the active use
park described in Condition [~] "U" above. The fair share contribution for roads will
be satisfied upon completion of the University Drive (Road sections 2A. 2B. and 2C).
Kamanu Street Extension (Road 3A), Ane Keohokalole Highway (Road 6A),
[Kealakaa] Kealaka'a Street Extension (Road 7), and Road 1 [t] and their associated
October 6, 2009
Page 21 of22
intersections."
28. Conditions 00 and PP and re-lettered to Conditions QQ and RR.
29. Condition QQ is relettered to Condition SS, and further amended to read as follows:
30. Condition RR is relettered to Condition TT, and further amended to read as follows:
e.
"TT. [An initial extension of time for the performanee of eonditions within the ordinanee,
may be granted by the Planning Direetor upon the following eireumstanees.]
Time Extension
1. Any condition that does not have a stated time of completion or a trieeer
mechanism shall be completed within six years from the effective date of this
ordinance. as amended.
2. Any additional extension beyond the six years from the effective date of this
amendment shall be subiect to council approval. but shall not exceed three
years and shall not include Conditions J.. L.. D.. and HH. and shall be based
on the followine circumstances:
[1.]!.!J. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
[~]iliJ.Granting ofthe time extension would not be contrary to the General Plan
or Zoning Code.
[~]~Granting ofthe time extension would not be contrary to the original
reasons for the granting of the Project District.
October 6, 2009
Page 22 of 22
[4. The time extension granted shall be for a period not to exeeed the
period originally granted fer perfermanee (i.e., a eendition te be
performed within one year may be extended for up to ene additional
~]
[So]..@J Ifthe 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.
A draft copy of Bill 137, Draft 2, is attached with these amendments incorporated therein. Ramseyer
format is applied against the provisions of Ordinance No. 06-105; material to be repealed is bracketed
and stricken through; material to be added is underlined. Bolding is provided for illustrative purposes
only. Bolding applied to Fair Share contributions, as provided in Condition PP., is not meant to indicate
a proposed amendment. Bolding of these figures is provided in the original Bill 137, and is customary in
ordinances for an application of change of zoning district.
BF
att.
AN ORDINANCE AMENDING ORDINANCE NO. 06-105 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 3 ACRES (A-3a) AND OPEN (0) TO PROJECT DISTRICT (PD)
AT KA'D, NORTH KONA, HAWAI'I, COVERED BY TAX MAP KEY 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I:
SECTION 1. Ordinance No. 06 105 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8 Chapter 25 (Zoning Code) of the Hawai'i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following areas situated at [Ktffi] Ka'u, North
Kona, Hawai'i, shall be Project District (PD):
PARCEL "A":
Beginning at the northwest comer of this parcel, being also along the east side of
Queen Kaahumanu Highway (Project No.: 19 BC-01-71), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "AKAHIPUU", being
9,071.21 feet North and 23,751.69 feet West and thence running by azimuths measured
clockwise from true South:
1.
2910 46'
30"
5726.03
feet along the Kukio-Ooma Government
Tracts;
2.
170 56'
2314.09
feet;
3.
1150 03'
36"
5449.47
feet along the Government Lands of
Makaula;
4.
1890 19'
55"
2044.65
feet along the east side of Queen
Kaahumanu Highway (Project No.: 19 BC-
01-71) to the point of beginning and
containing an area of274.861 Acres.
PARCEL "B":
Beginning at the northwest comer of this parcel, being also along the south side of
Kukio-Ooma Government Tracts, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "AKAHIPUU", being 6,947.06 feet North and
18,434.23 feet West and thence running by azimuths measured clockwise from true
South:
1. 2910 46' 30" 784.96 feet along the Kukio-Ooma Government
Tracts;
2. 2800 28' 22" 2806.44 feet along the Kukio-Ooma Government
Tracts;
3. 2900 55' 24" 3323.43 feet along the Kukio-Ooma Government
Tracts;
4. 170 14' 2844.54 feet along Lots 36, 37, 38, 44, 15, 14, 13, 12,
11, 10 and 9 of Makalai Estates - Phase 2
(File Plan 2294);
5. 1000 15' 30" 1838.50 feet along the Government Lands of
Makaula;
6. 1150 03' 36" 5137.19 feet along the Government Lands of
Makaula;
7. 1970 56' 2314.09 feet to the point of beginning and containing
an area of 450.343 Acres.
Less the following described area:
Beginning at a point, being the Northwest comer ofthis parcel ofland, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "AKAHIPUU", being 109.49 feet South and 18,804.22 feet West, and running by
azimuths measured from true South:
-2-
1. 2910 46' 30" 1149.40 c feet along Kukio - Goma
Government Tracts;
2. 90 19' 55" 282.64 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191 ;
3. 2790 19' 55" 9.06 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the right
with a radius of239.00 feet, the
chord azimuth and distance being:
4. 3240 19' 55" 338.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
5. 90 19' 55" 446.09 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
6. 2790 19' 55" 485.02 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
7. 90 32' 52" 500.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
8. 990 19' 55" 421.14 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
9. 1890 19' 55" 301.00 feet along the remainder of Royal
-3-
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
to. 990 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
Thence along a curve to the right
with a radius of20.00 feet, the chord
and distance being:
11. 540 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
12. 990 19' 55" 197.96 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
Thence along a curve to the left with
a radius of 301.00 feet, the chord
azimuth and distance being:
13. 750 03' 55" 247.41 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
14. 500 47' 55" 103.47 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191 :
Thence along a curve to the right
with a radius of 20.00 feet, the chord
azimuth and distance being:
15. 950 47' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
-4-
to Paalua, Certificate of Boundaries
191;
16. 1400 47' 55" 199.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
17. 2300 47' 55" 357.90 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191 ;
18. 1400 47' 55" 218.83 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191 ;
Thence along a curve to the right
with a radius of239.00 feet, the
chord azimuth and distance being:
19. 2400 48' 29" 65.26 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
20. 1580 39' 19" 269.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
21. 1900 57' 06" 40.03 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
22. 1030 12' 19" 39.52 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
-5-
23. 1020 46' 39" 49.05 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
24. 1160 09' 35" 45.79 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
25. 1120 02' 29" 43.66 feet along the remainder of Royal
Patent 8265 and Mahele Award l3-B
to Paalua, Certificate of Boundaries
191;
26. 1890 19' 55" 199.24 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
27. 990 19' 55" 114.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
Thence along a curve to the left with
a radius of 20.00 feet, the chord
azimuth and distance being:
28. 540 19' 55" 28.28 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
29. 990 19' 55" 62.00 feet along the remainder of Royal
Patent 8265 and Mahele Award l3-B
to Paalua, Certificate of Boundaries
191;
30. 1890 19' 55" 13.00 feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191;
-6-
31.
990 19'
55"
297.97
feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paalua, Certificate of Boundaries
191:
32.
1890 19'
55"
537.31
feet along the remainder of Royal
Patent 8265 and Mahele Award 13-B
to Paulua, Certificate of Boundaries
191 to the point of beginning,
containing an area of29.92 acres,
more or less.
for a net area for Parcels "A" and "B" of 695.282 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order (Docket No. A03-744) dated May 19,2005.
-7-
C. The applicant shall comply with the conditions as set forth in the Water
Agreement between K-W Kau, LLC and the Water Commission of the County of
Hawai~i dated June 15, 1999.
D. The project shall consist of a maximum of [~] 695.282 acres for single-family
and multi-family residential, commercial uses, hotel, university and public school
facilities, dry forest preserve, archaeological and cave preserve areas, active and
passive parks, a trail system and supporting infrastructure. The applicant shall
meet with the Kona Community Development Plan Action Committee within
60 days of the effective date of this amendment for the committee's input to
this application.
E. The [maximum] number of residential units allowed shall be 1,116 units,
[ineluding] which includes a maximum of 930 market price housin2 units
and a minimum requirement to earn 186 credits for on-site affordable housing
units[.]; however. any affordable housin2 credits earned from the 29.918-acre
industrial-commercial mixed zonin2 (MCX) that was removed from this
proiect district under Ordinance No. shall be added to the minimum
number of affordable housin2 credits noted in this condition and constructed
onsite in the remainder of the proiect district.
F. The maximum number of hotel rooms shall be 120.
G. Commercial spaces for medical, office, retail, classrooms and health related uses
and hotel shall be limited to [-l42-] 72.08 acres.
H. Active and passive parks (Open, Park and Preservation) shall be developed on a
minimum of 177.8 acres. A "Constraints Area" which includes the approximately
55-acre dry forest preserve, archaeological sites/cave and park areas, shall be set
-8-
aside in the project area.
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 [, aDd a golf eeurse aDd related
foeilities.] unless specifically prohibited bv this ordinance. Uses allowed by
Use Permit in the CV district may be allowed unless specifically prohibited bv
this ordinance. Anv !!olf course or supportin!! facilities are specifically
prohibited in this Proiect District as a permitted use or bv a Use Permit in
perpetuity.
J. A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, hotel, commercial uses, parking, [gaIf
eourse] open space: [anti] park 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 Prejeet Distriet OrdiDoDee]
this amended ordinance or prior to submission of plans for plan approval or
subdivision approval, whichever occurs first. Exceptions to the two-year timin!!
for submission of the Master Plan are listed in Condition L. below.
K. Substantial construction of the remainder of the proposed development not
defined in Condition L. shall commence within five (5) years (2014) from the
effective date of the Project District Ordinance. "Substantial construction" on the
remainder of the proiect not defined in Condition L. 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, paved accesses and parking stall, and other
-9-
improvements associated with the proposed uses.
L. Development schedule for portions of the Project District:
1. The followin2 portions of the applicant's development shall comply
with the schedule listed below and shall start construction within
ninety (90) days after the permits are 2ranted;
!.: The university buildin2 and all of the improvements associated
with it (apply for permit within nine months; construction to
be completed by November 1. 2012);
b. Road section 2A (apply for permit within nine months;
construction to be completed by November 1.2012);
c. The improvements at the Queen Ka'ahumanu Hi2hway and
University Drive intersection (construction to be completed by
November 1. 2012);
d. Kamanu Street (Road 3A) (apply for permit within nine
months; construction to be completed by November 1. 2012);
and
!:: The applicant shall apply for its permit to build the
Intersection 2B-6A of University Drive and the Ane
Keohokalole Hi2hway (Road 6A) when the applicant reaches
the 101st housin2 permit or the County receives a fundin2
commitment for the Ane Keohokalole Hi2hway construction.
whichever occurs first.
[b]M.
1.
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
-10-
areas, shall be applied according the actual uses.
2. The height limit for structures within the project area shall not exceed the
following:
a. Single-family residential development: 35 feet
b. Multiple-family residential and hotel developments: 45 feet
c. Office and retail commercial development: 45 feet.
3. The minimum off-street parking and loading space requirements of
Chapter 25, Hawa(i County Code shall be complied with, including
compliance with the American Disabilities Act (ADA) requirements.
[Mo]N. The variances from Chapters 23 (Subdivision) and 25 (Zoning), Hawai~i County
Code, as presented in Planning Department Exhibit 2 (Applicant's November 21,
2005 letter with attached Tables pages 1 to 6 related to Variance Requested from
Sections in Subdivision and Zoning Codes, and Applicant's Figure 2 - Conceptual
Character of Town Center/Residential Village Center, Figure 3a - Residential
Village Center Alternative: 4,000 SF Lot, Figure 3b - Residential Village Center
Alternatives: 6,000 SF Lot, Figure 4a - Conceptual Plan: Roadway Concepts -
Dedicable, Figure 4b - Conceptual Plan: Roadway Concepts - Nondedicable, and
Figure 5 - Residential Village Center Alternatives: Zone Lot Line Concepts) shall
be allowed under the Project District. The applicant shall submit detailed plans to
the Planning Director showing street designs and cross-sections, and adjacent
building designs, with the Master Plan. The Planning Director may require
modifications to the street sections to provide sufficient on-street parking where
(
the plans do not provide adequate off-street parking (such as the 4,000-square foot
lots with a one-car garage and insufficient setbacks to allow parking in
driveways), and may require further changes necessary for public safety and
convenience. All roads built with the variances allowed under this condition will
be non-dedicable. With regard to the requested zero line building setbacks, the
applicant shall conform to the current Hawai~i County Building Code
-11-
requirements. As part of the Master Plan, the applicant shall submit plans for
pedestrian movement through the project district, which shall identify areas where
sidewalks will be included to permit safe pedestrian access to the Town Center
and other important points in~the development.
[No]O. To ensure that the project is developed according to its stated goal of creating a
mixed-use residential community, the project [must] shall include residential
development. The project shall have at least one residential unit for every 600
square feet of nonresidential development (under roof). Space used by the
University shall not be included in the calculation of nonresidential space. There
is no minimum requirement for the nonresidential development.
[Q.]P. 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 oftime intervals, or club
membership allowing periodic use.
[P.]~ 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
KealakeheParkway to the Kona International Airport at [Keahole] Keahole has
been secured by the State entering into a construction contract for the
improvements, or until improvements construction has commenced on the 20,000
square foot University building, or the building's completion has been assured by
bond or other security acceptable to the [Planning, Direetor] corporation
counsel, whichever comes first. [0] A bond or other security shall be subiect to
a separate contract acceptable to corporation counsel.
[Q-: No retail commercial structures may be located closer than 1,500 feet from the
-12-
Queen Kaahumanu Highvlay right of v/ay.]
[J!..]R. To ensure that the commercial development corresponds with the applicant's
representations regarding neighborhood-scale commercial development, no single
retail establishment shall have more than 45,000 square feet of developed area
under roof.
[Q.] S. Total retail space (not including restaurants) shall not exceed 75,000 square feet
under roof until the construction of the Queen Ka'ahumanu Highway, Phase II
widening improvements to four lanes from Kealakehe Parkway to the Kona
International Airport at Keahole has been secured by the state entering into a
construction contract for the improvements. The square footage of improvements
leased to the University ofHawai~i shall not count against this limit.
T. 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.
U. [The ."...pplieant shall develop one 20 aere park site priar ta oecupaney of the
first residential unit an the property. The 20 aere active park site shall
inelude two playing fields whieh may be one baseball field and one soceer
field OF two baseball fields OF two soccer fields, parking lot and restraoms,
with the speeific requirements to bc determined in eonsultation with the
Department of Parks and Recreation. The 20 aere active parl{ shall be
constructed to county dedicable standards, and the eaunty shall accept
dedication. ]
Park Site
1. The Applicant shall develop one active 20-acre park site prior to the
issuance of any combination of buildill!! permits plus the number of
-13-
residential units in this proiect district or in the 29.918-acres of the
Industrial-Commercial district (MCX) previously removed in
Ordinance No. shall be calculated in the followinl! manner:
(!!l Every initial permit for a commercial or industrial buildinl!
shall each be counted as one buildinl! permit. plus;
ilil Every subsequent buildinl! permit to remodel a bay or portion
of a commercial or industrial structure shall each be counted
as one buildinl! permit. plus;
W Every permit for a sinl!le-familv and for a zero-lot line house
shall each be counted as one buildinl! permit. plus;
@ Every permit for a multi-family (RM) or double-family (RD)
residential unit shall each be counted as one buildinl! permit.
plus;
{!U Every residential unit in excess of one in each multi-family
residential unit (RM) or double-family (RD) unit shall be
added to the total combination of permits and residential units;
and
ill Before the combination of buildinl! permits and residential
units equals 100. the applicant shall complete the 20-acre park
and other park amenities as required in Item 2. below.
2. The 20-acre active park site shall be constructed to the specific
requirements to be determined in consultation with the Department of
Parks and Recreation. The park shall include:
(!!l The l!radinl! and levelinl! of the entire 20-acre park site before
the first plavinl! field is constructed;
ilil One Pony Plus Leal!ue baseball-softball field includinl!:
ill A rel!ulation backstop;
ill A rel!ulation dUl!out for each side of the field;
-14-
ill Portable bleachers to seat a minimum of 50 persons in
each bleacher - one bleacher for each of the sidelines;
ill Appropriate fencine to protect the spectators;
~ Appropriate fendne to protect the teams;
@ Fencine for the perimeter of the baseball field;
ill ADA accessible pathways to reach the baseball-softball
field from the parkine area;
00 Placement of erass for appropriate areas of the field;
and
m An irrieation system installed for the plavine field.
~ One Little Leaeue baseball-softball field includine:
ill A reeulation backstop;
ill A reeulation dueout for each side of the field;
ill Portable bleachers to seat a minimum of 50 persons in
each bleacher - one bleacher for each of the sidelines;
ill Appropriate fendne to protect the spectators;
~ Appropriate fendne to protect the teams;
@ Fencine for the perimeter of the baseball field;
ill ADA accessible pathways to reach the baseball-softball
field from the parkine area;
00 Placement of erass for appropriate areas of the field;
and
m An irrieation system installed for the plavine field.
@ One reeulation adult/hieh school soccer field that shall include:
ill Portable bleachers to seat a minimum of 50 persons in
each bleacher - one bleacher for each of the sidelines;
ill ADA accessible pathways to reach the soccer field from
the parkine area;
ill Placement of erass for appropriate areas of the field;
-15-
and
ill An irri!!:ation system installed for the soccer field.
W One comfort station. 30 x 60 feet with li!!:htin!!:. water. and ADA
compliant restroom facilities and ADA accessible pathways
from the parkin!!: area. constructed to specifications and placed
in locations to be determined by the department of parks and
recreation~
ill An office - equipment stora!!:e buildin!!: to store maintenance
equipment for the park that is at least 1.000 square feet~
{gl One paved parkin!!: lot with 56 full size parkin!!: stalls and 4
van- accessible ADA parkin!!: stalls for a total of 60 paved
parkin!!: stalls connected by ADA accessible pathways to all
activity areas of the park. hardened with fencin!!: and a !!:ate so
that unauthorized vehicles cannot access the park after hours~
ill Picnic tables that are ADA accessible from pathways from the
parkin!!: lot and placed in locations selected by the department
of parks and recreation~
ill A copy of all plans. desi!!:ns. and blueprints of the park shall be
furnished to the County of Hawai'i for its future use as the
County deems appropriate. Such plans. desi!!:ns. and
blueprints shall include but are not limited to: layouts of the
water system. irri!!:ation system. water spi!!:ots. field layouts
with location of fences. backstops. bleachers. stora!!:e units.
comfort stations. septic system with leach line locations.
electrical lines and Junction boxes. meters. and landscape
desi!!:n. and shall be provided to the department of parks and
recreation within one month of completion and prior to
dedication of the park. These plans. desi!!:ns. and blueprints
may be used by the County without any le!!:al restrictions in
-16-
future developments for other County parks; and
ill Landscapin2 throu2hout the park shall be principally native
Hawaiian species. and irri2ation shall be provided to all plants.
3. The 20-acre active park shall be constructed to Countv-dedicable
standards. and the county shall accept dedication.
V. There shall be an 800-foot setback from the Queen Ka'ahumanu Highway. No
structures, other than those allowed under Condition No.7 of the Land Use
Commission's Decision and Order, shall be allowed within the 800-foot setback
area. A copy of the metes and bounds description for this open space area, and
proposed covenant(s) shall be submitted to the Planning Director for review and
approval prior to receipt of Final Plan Approval or land alteration activities,
whichever occurs first. The approved covenant(s) shall be recorded in the Bureau
of Conveyances prior to the issuance of Final Plan Approval, or land alteration
activities, whichever occurs first. A copy of the recorded covenant(s) shall be
provided to the Planning Department.
W. All project utilities shall be underground.
X. [The applicant shall construct the following roads to access other properties and
the regional road system:
1. Project access road from the Queen Kaahumanu Highv/ay to the eastern
boundary ofthe project. (Road "I" ~n attached map Exhibit "B"):
Road "1" shall intersect with the Queen Ka'ahumanu High':/ay at a
location appro','ed by the State Department of Transportation, and shall
connect with Makalei Driye 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
Ka'ahumanu Highway to the intersection v/ith Road "3". From Road
-17-
"3" to the intersection with Makalei Drive, Road" 1" shall be
constructed to county dedicable standards as a minor street, except that
design standards shall be varied to permit the connection with Makalei
Driye without encroaching into the 10'.vland 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 near the connection ','lith Makalei Drive. .^...t the Queen
Ka'ahumanu Highway, the intersection shall be improved in
accordance 'vVith one of the follo'v'ling two options:
(a) If a grade separated interchange is available to connect
Road "1" to Queen Ka'ahumanu Highway v/hen .^...pplicant
is ready to construct Road" 1 ", i\pplicant will connect Road
"1" 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 a'v'ailable to connect
Road "1" to Queen Ka'ahumanu High'Nay when 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, a refuge lane for vehicles turning
left into Queen Ka'ahumanu Highway, and a dedicated
right turn and left turn lane from Road "1" to Queen
Ka'ahumanu Highway. Ifv/UITanted, 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 Ka'ahumanu Highv/ay.
2. "Mid Level Road" from Road" 1" to Kaiminani Drive (Road "2" on
-18-
Exhibit "B"): The applicant shall construct the mauka half section of a
120 foot wide right of VIUY to county dedicable standards as a
collector road. The ~pplicant shall construct the intersection at
Kaiminani Drive meeting '\-'1ith the approval of the Department of
Public Vlorks, but the intersection shall include a left turn lane on
Kaiminani Drive.
3. ,,\ north south collector road at approximately the 600 foot ele'/ation
(Road "3" on Exhibit "B"): The north south collector road shall be
designed to function as a portion of a future collector road (Road "1")
connecting Highway 190 with Road "I" and the Queen Ka'ahumanu
Highv/ay. Road "3" shall be constructed to county dedicable standards
as a collector road with an 88 foot ',vide right of way. The applicant
shall construct the intersection between Road "3" and Road "1"
meeting with the approval of the Department of Public Works.
1. NeVI Connector Road to Mumalahoa Highway Project (Road "1" on
Exhibit "B"). Applicant shall construct Road "1", at its sole expense,
as a two lane 60 foot wide county dedicable collector road, including
shoulders and swales, within an 88 foot right of '.Nay. The final design
and maximum grade of Road "1" shall be determined by the Director
of Public Works after consultation with the Planning Director.
Applicant shall be not required to install streetlights, except at the
intersection with Highway 190, or utilities. If another private
developer is required to participate in building Road "1", as a
condition ofland use appro'lals, ,^~pplicant' s share shall be limited to
the portion of Road "1" on ,^~pplicant's property and on State land.
The County shall obtain the necessary right of'lIay outside of
.^..pplicant's property.
5. A road to connect south to the future extension of Holoholo Street
Nana Street (Road "5" on Exhibit "B"): The applicant shall build
-19-
6,
7
8,
Road "5" '.vithin ta '
, e project area to county dedicable standards as a
mmor street afla 't h U '
,IS a mtersect with Roud "I"
The Planning Director ma " '
, J reqUIre other local streets within th
proJ ect to flfe'" a I e
.1 e ocal connections to the d' , ,
a j ommg property to the
north and south us a condition of subd',,' ,
I.lSlon approval or pI
approval. an
,^..t the .."estern (makai~ a f
en 0 Mukalei Dri"e the r
, ., app Icant shall
provIde safety impro' 'ements
. necessary te al
Road" I" mhich' m ce a safe transition to
, n may mclude, but are not limited to rumble st '
t 131' h' ' rIpS aHa
es a IS mg superele"ation Ii th
. er e 6W'''e '
. , as reqUIred by the
Department of Public \V orks,
The foUeming a '
n roa Improvements shall b 1
, e comp cted before a
certIficate of occupancy is issued for any portion of th 13 '
ro emj~
p perty, or completion of any single fi '1, h .'
~ amI) omes, \VhIChever comes
9,
Road "I" I
, at east from the Queen Ka' h
ill umanu
Highway t th ' ,
o e mtersectIOn mith th M'd L
n e . 1 e'lel Road
(Road "2");
the intersection of the ' ,
mam project access road with the
Queen Ka'ahumanu High'.'/ay; and
the Mid Level Road (Road "2") fI h ' ,
rom t e mam project
access roua te K" , ,
mmmanI Dr!' 'C and th K" ,
, , . , e almmam
DrIve mtersection,
The folleming a '
n roa Improvements shall be secured by bond th
surety me t' ' or 0 er
e mg WIth the approyal of th PI ~' ,
h ' e ill.mng DIrector to guara
t at the Improvements mill b ntee
, . n e completed within two (2) , ft
ISsuance of a certificate of ) ears a er the
occupancy for any portion of the subj ect
property, or completion of any single fam'l 'h '
~ 1) omes, whIchever comes
(a)
(b)
(c)
-20-
(a) the remaining portion of Road "1", including any necessary
improvements to the lower portion of Makalei Drive;
(b) Road "3", and
(c) Road "5"
10. i\pplicant shall complete Road "1" no later than six (6) years after the
effective date of this ordinance, except as may be allo'v'/ed under
Condition "UU". Applicant shall assure the completion of Road "1"
by bond or other security accepted by the Plar.ning Director no later
than the issuance of a certificate of occupancy for any building, other
than the Uni'.'ersity or the State Department of Education (DOE)
building, or final subdivision appro'.'al for any subdivision creating
single family residential lots. Certificate of occupancy for any
building, other than the Uni'.'ersity or DOE building 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 "1" has been obtained from any other private
landovmer.
11. Makalei Drive is a "minor road" and will not be open to the public
until the collector Road 1 is open for public use.]
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:
I
1. University Drive (Road 2 - Kona CDP Map, Figure 4-3): within the
property from the Queen Ka'ahumanu Highway to Ma~~ilei Drive:
a. From the Queen Ka'ahumanu Highway intersectlon to the
I
i
proposed Ane Keohokalole Highway (Road 6A '- Kona CDP Map,
-21-
Figure 4-3), University Drive (Road 2) shall consist of an 88-foot
right-of-way with two lanes constructed to County-dedicable
standards. Each of the following sections of this roadway shall be
dedicated to the County upon its individual completion.
ill The first section of this roadway (2A) shall be constructed
to County dedicable standards from the Queen
Ka'ahumanu Highway to approximately 800 feet mauka
of the Kamanu Street (Road 3A - Kona CDP) Intersection
2A-3A. and shall be completed prior to the opening of the
first building constructed on the State land for the
University of Hawai'i or before a Certificate of Occupancy
is issued for any portion of the subiect property or the
completion of any single-family residential homes,
whichever occurs first. Road section 2A is a priority and
shall be completed as the first road into the proiect.
This road section shall be dedicated to the County
within six months of its completion.
ill Road section (2B) of this roadway from approximately
800 feet mauka of the Kamanu Street (Road 3A - Kona
CDP) Intersection 2A-3A to the Ane Keohokalole
Highway Intersection 2B-6A shall be constructed to
County dedicable standards in time to be connected to
the northern end of the County's portion of the Ane
Keohokalole Highway (Road 6A) where it meets the
proiect. Road section 2B shall be dedicated to the
County within six months of its completion. Road
section 2B shall be completed no later than the Ane
Keohokalole Highway.
-22-
ill Road section 2C from Intersection 2B-6A of the
proposed Ane Keohokalole Highway (6A) to Makalei
Drive includine; the Makalei Drive Extension shall be
constructed to County-dedicable standards as a minor
street. except that design standards may be varied to permit
the connection with the existine; Makalei Drive without
encroaching into the lowland Dry Forest Preserve. The
grade shall not exceed ten (10) percent, except near the
connection with Makalei Drive. This road section shall
be completed no later than the completion date of Road
1 (Kona CDP). This road shall be dedicated to the
County within six months of its completion.
b. At the Queen Ka'ahumanu Highway and University Drive
intersection, 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
A- Kona CDP), the applicant will connect to such
interchange and in such case, applicant will contribute
$1,500,000 to the Department of Transportation.
(2) If a grade separated interchange is not available to connect
University Drive (Road 2) to Queen Ka'ahumanu Highway
when the applicant is ready to make the connection,
applicant shall improve the intersection at its expense as
required by the Department of Transportation, but shall
include, at a minimum, a deceleration and an acceleration
lane on Queen Ka'ahumanu Highway, a left-turn lane on
Queen Ka'ahumanu Highway, and a dedicated right-turn
-23-
and left-turn lane from University Drive (Road 2) to Queen
Ka'ahumanu Highway. If warranted, at the request of the
Department of Transportation, the applicant shall install
traffic signals and 'a second left-turn lane from University
Drive (Road 2) to the Queen Ka'ahumanu Highway.
(3) The intersection improvements with the Queen
Ka' ahumanu Highway shall be completed prior to the
opening of the first building constructed on the State land
for the University of Hawai'i but no later than November
1.2012 or before a Certificate of Occupancy is issued for
any portion of the subiect property or the completion of any
single- family residential homes, whichever occurs first.
2. Kamanu Street (Road 3A - Kona CDP) from University Drive (Road 2 -
Kona CDP) to Kaiminani Drive:
!h The applicant shall construct the mauka half-section of a 120-foot
wide right-of-way to County-dedicable standards as a two-lane
collector road.
b. The applicant shall construct the intersection at Kaiminani Drive
meeting with the approval of the Department of Public Works.
The intersection shall include a left-turn lane on Kaiminani Drive.
c. The intersections at the northern (Intersection 2A-3A) and
southern end of this road shall have illumination.
d. 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.
e. The construction of this roadway and its intersections shall be
completed prior to the opening of the first building on the State
land for the University of Hawai'i. This road is a priority and
-24-
shall be completed simultaneously with the first road section
(Road 2A) of the project.
f. This road shall be dedicated to the county within six months of
its completion.
3. Ane Keohokalole Highway (Road 6A - Kona CDP):
a. The portion of Ane Keohokalole Highway (Road 6A) within the
property shall have a right-of-way width of 120 feet. The applicant
shall construct a half-section, two-lane collector road, within this
120-foot right-of-way to County-dedicable standards. This
roadway shall be designed to function as a portion of a future road
(Road 1 - Kona CDP) connecting Mamalahoa Highway (Hwy.
190) with University Drive and the Queen Ka'ahumanu Highway.
b. The applicant shall construct the intersection of University Drive
and the Ane Keohokalole Highway (Intersection 2B-6A) meeting
with the approval of the Department of Public Works and
complete Intersection 2B-6A when the applicant reaches the
101 st housine: permit or as close to simultaneously as possible
when the construction of the County's portion of the Ane
Keohokalole Hie:hway (6A) joins the project district. whichever
occurs first. Intersection 2B-6A shall be dedicated to the
County within six (6) months of its completion.
c. The portion of the Ane Keohokalole Hie:hway (6A) within the
project district shall be constructed when the applicant reaches
the 101 st housine: permit or as close to simultaneously as
possible when the construction of the County's portion of the
Ane Keohokalole Hie:hway (6A) joins the project district.
whichever occurs first. Ane Keohokalole Hie:hway (6A) shall
be dedicated to the County within six (6) months of its
completion.
-25-
d. The applicant shall complete the preliminary eneineerine for
technical feasibility of the Ane Keohokalole Hiehwav (Road
6A) and have the roadway environmentally cleared for
construction for a minimum of 500 linear feet bv 200 feet wide
from the subiect property boundary into the adiacent
properties.
4. New Connector Road (Road I - Kona CDP):
a. The right-of-way width of Road I within the State lands shall be
120 feet. The section of Road I from the State property to the
Mamalahoa Highway (Hwv. 190) within the private properties
shall have a right-of-way width of 88 feet.
b. Applicant shall construct Road I (the extension of Ane
Keohokalole Hiehwav from the north side of the proiect
district and continuine north and east to the Mamalahoa
Hiehwav), at its sole expense as a two-lane Countv-dedicable
collector road, including shoulders and swales. The final design
and maximum grade of Road I shall be determined by the Director
of Public Works after consultation with the Planning Director.
c. The applicant shall continue preparatory work for the design of
Road I, including working with the County of Hawai'i to secure
the right-of-way for Road I 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. The
applicant shall provide Quarterlv information to the plannine
director on the status of neeotiations for easements for the
rieht-of-wav. If the applicant cannot or does not obtain the
easements within 18 months. the county may beein eminent
domain proceedines for the rieht-of-wav. The County shall
-26-
obtain the necessary ri2:ht-of-wav outside of applicant's
property.
d. Applicant shall not be required to install utilities or streetlights on
Road 1. except that streetlights shall be installed by the applicant
at the intersection with Highway 190.
e. Completion of Road 1 will be secured by bond or other security
meeting the approval of the corporation counsel to guarantee that
improvements will be completed by the deadline specified in this
condition. The bond or other security shall be provided prior to the
granting of final subdivision approval on the property containing
single-family lots. A bond or other security shall be subject to a
separate contract acceptable to corporation counsel.
f. The applicant shall complete Road 1 no later than six (6) years
after the entire right-of-way is acquired. This road shall be
dedicated to the county within six months of its completion.
There shall be no time extension on this condition.
5. Kealaka'a Street Extension (Road 7 - Kona CDP):
a. The applicant shall reserve an 88-foot ri2:ht-of-wav for the
Kealaka'a Street Extension within its property for future use
as a County road.
b. The applicant shall construct the portion of Road 7 that is
inside the project area and have the roadway environmentally
cleared for construction for a minimum of 500 linear feet bv
200 feet wide from the subject property boundary into the
adjacent properties.
c. The applicant shall also construct Intersection 2C-7. Both the
-27-
road and the intersection shall be constructed to County-
dedicable standards as a minor collector road at its sole
expense when a connection at the southerly boundary of the
project is opened or the applicant reaches the 101 st housine
permit or as close to simultaneously as possible when the
construction of the county's portion of the Ane Keohokalole
Hiehwav (6A) joins the project district. whichever is first.
d. The applicant shall dedicate the road and the intersection to
the County of Hawai'i within six months of its completion.
6. At the western (makai) end of existine Makalei Drive, the applicant shall
provide safety improvements necessary to make a safe transition to
University Drive (Road section 2C), which may include, but not limited
to, rumble strips and establishing super-elevation for the curve, as 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.
Y. There shall be no direct access from individual lots to collector streets.
Z. Construction vehicles shall not utilize the existine section of [Makalei] Makalei
Drive for ineress from Hiehwav 180 to the applicant's Project District or
eeress from the applicant's Project District to Hiehwav 180; however.
construction work within Makalei Estates on the water system (wells. mains.
and tanks) will require access to the existine Makalei Drive from its makai
end only.
AA. [No vehieular seeurity gate shall be installed within sixty ((;0) feet of any
proposed county road and a turnaround gate shall be provided within the
-28-
private road or property on the eounty Foad side of the gate.] The Kona
Community Development Plan and the Hawai'i County Code (Chapter 23,
Subdivisions) discourages gated communities and cuI de sacs; therefore,
there shall be no gated communities or cuI de sacs in the applicant's
development.
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.
CC. Solid Waste Management Plan shall be prepared and submitted for approval to the
Department of Environmental Management prior to submitting plans for Plan
Approval review. Approved recommendations and mitigation measures shall be
implemented in a manner meeting with the approval of the Department of
Environmental Management.
DD. 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).
-29-
EE. University of Hawai'i Condition. Applicant shall provide the following to
relocate the University of Hawai'i operations:
1. [CoBBeetivity with] Provide connection of roads and all utilities into
the University of Hawai'i 500-acre site for connection to the first
University buildill!?:. Applicant shall allow the University of Hawai'i to
connect with its wastewater and water supply systems. Applicant shall
also allow the University of Hawai'i to connect electrical and
telecommunication systems to facilities installed within the project. These
connectivity sites shall be to the University's satisfaction and located
along its northern boundary on [Road "1 "] University Drive (Road section
2A - Kona CDP).
2. Build Applicant's wastewater treatment system to handle the wastewater
from the initial University of Hawai'i building and design the wastewater
treatment system to accommodate future expansion for wastewater from
future expansion of the University of Hawai'i operations.
3. Design and construct an initial classroom and administration building of
20,000 square feet, with associated parking, at Applicant's expense. If the
University of Hawai'i design results in the cost of design and construction
of the building and associated parking exceeding $5,000,000, Applicant
shall be responsible for the first $5,000,000 and the University shall be
responsible for the balance.
!!.:. The building shall be constructed on the State land designated for
University use.
b. Construction [an] of the building shall commence as soon as the
University has the required [the] necessary consents and
approvals. If the necessary consents and approvals cannot be
obtained by the State, the University shall have the right to lease
-30-
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 Direetor ] corporation counsel and the Chancellor of
Hawai'i 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. A bond or other security shall be subiect to a
separate contract acceptable to corporation counsel.
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, Q!:
November 1.2012, or final subdivision approval for any
subdivision creating single-family residential lots, whichever
occurs first. The location and design of the building (interior and
exterior) and related improvements will be on terms determined by
the University of Hawai'i. The University of Hawai'i shall consult
on design of said building with Applicant.
4. Immediatelv upon completion of the University of Hawai'i conditions
ce. (1). (2). and (3) above. all improvements shall become the
property of the University of Hawai'i.
FF. Applicant shall enter into an agreement with the DOE, in accordance with the
terms ofthe 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
-31-
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 ay single-family
residential building within the development, whichever comes first.
6. Following the initial twenty (20) year period when the building will be
made available to the DOE, the building will be made available to the
DOE for additional years, at the prevailing rental rates.
7. If the DOE and Applicant determine that despite good efforts, a building
cannot be provided, or the DOE no longer needs the facility and its design
has not been completed, Applicant will make an equivalent school fair-
share cash contribution in an amount to be determined by the DOE. This
cash contribution shall be expressly reserved for use within the Kealakehe
complex of schools.
8. The value of the building and its use is meant to be credited against any
DOE requirements under the State Land Use Decision and Order.
GG. 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.
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HH. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai'i County Code, relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval for any subdivision creating single-family residential lots,
whichever occurs first. The reduction in minimum lot sizes and the increase in
density permitted by Section 11-8, 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 includine: those units earned from
the 29. 918-acre MCX parcel rezoned from this project, and not utilize any
affordable housing credits generated off-site.
!: Due to the applicant's proposal to develop. a hotel alone: with a
medical campus. a research and development facility. and community
commercial space. a e:reater affordable housine: requirement may be
imposed. In accordance with Hawai'i County Code chapter 11.
Sections 11-4 (c) Requirements for resort and hotel uses. and (d)
Requirements for industrial uses. all resort. hotel. and industrial uses
e:eneratine: more than one hundred employees on a full-time
equivalent basis must earn one affordable housine: credit for every
four full-time equivalent jobs created. Additionally. any affordable
housine: units e:enerated by the MCX zonine: removed from this
project district shall be applied and built inside this project district.
2. Due to the tremendous need for affordable housine: units in Kona. the
applicant shall provide affordable housine: units in the followine:
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manner:
a. Provide for the 2:reatest affordable housin2: needs bv
constructin2: one-bedroom. two-bedroom. and three-bedroom
units with the two- and three-bedroom units comprisin2: the
hi2:hest percenta2:e of these units;
b. Provide some for-sale affordable units built as condominiums
over commerCial (but not industrial) buildin2:s. Such
condominiums would save the applicant on infrastructure
costs;
c. Provide multiplex units with a mix of the various bedroom
confi2:urations listed in a. above; and
d. Provide affordable zero-lot line houses.
3. The applicant sh.all build all affordable housin2: units. whether for
rent or for market purchase. in the followin2: manner:
a. An equal number of units affordable at the 60%. 70%. 80%.
90%. and 100% percenta2:e of median income;
b. Affordable housin2: units shall be constructed and intermixed
with all other residential housin2: price ran2:es. There shall be
no areas of exclusively affordable housin2:.
~ While there are no market-priced residential units built in the
Project District. the required affordable housin2: units shall be
constructed in the followin2: increments: 25% - no later than
November 1.2012. an additional 50% - no later tan November
1.2015. and the final 25% - no later than November 1.2017;
and
d. Once market-priced residential units are under construction.
then 20% of the residential units built shall be affordable
housin2: units until the total commitment for affordable
housin2: is completed.
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II. 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.
JJ. 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.
KK. The applicant shall protect all uhiuhi and 'aiea trees, and shall use best efforts to
preserve the major stands of wi Ii wi Ii trees.
LL. The applicant shall implement the INCRMP for the cave areas (Exhibit "E" to the
INCRMP).
MM. 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.
NN. [ The Planning Direeter may appreye madifieatians ta the INCRl\fP
eanfarming ta the general purposes of the INCRl\fP, after eonsultatian with
the DLNR DOFA'V.]
Before any modifications to the INCRMP. the Plannin2: Director shall consult
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with the DLNR-DOFA Won any such potential modifications and shall brin!!
those potential modifications to the council for approval.
00. 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] which 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 ofthe Dry Forest Preserve Area and other
stewardship duties, and for contingent project responsibilities. After the
formation of the master association, those responsibilities, except for offsite
infrastructure requirements, shall be transferred to the master association.
PP. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable on the sale or lease of residential units subject to such
contribution. The fair share contribution shall have a maximum combined value
of [$6,411.25] $7.383.36 per multiple family residential unit ([$9,991.20]
$11.506.13 per single family residential unit). The total amount shall be
determined with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit (single family residential units) shall be allocated
as follows:
1. [$3,162.49] $3.642.00 per multiple family residential unit ([$4,817.93]
$5.548.46 per single family residential unit) to the County to support park
and recreational improvements and facilities;
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2. [$99.95] $115.11 'per multiple family residential unit ([$232.42] $267.66
per single family residential unit) to the County to support police facilities;
3. [$307.4()] $354.08 per multiple family residential unit ([$459.0()] $528.66
per single family residential unit) to the County to support fire facilities;
4. [$137.04] $157.81 per multiple family residential unit ([$200.98] $231.45
per single family residential unit) to the County to support solid waste
facilities; and
5. [$2,704.31] $3.114.36 per multiple family residential unit ([$4,280.82]
$4.929.90 per single family residential unit) to the County to support road
and traffic improvements.
The fair share contribution shall be waived for the affordable housing'units. In
lieu of paying the fair share contribution, the applicant may contribute land and/or
construct improvements/facilities related to fire, police, and solid waste disposal
facilities within the region impacted by the proposed development, subject to the
review and recommendation of the Planning Director, upon consultation with the
appropriate agencies 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 "u" above. The
fair share contribution for roads will be satisfied upon completion of the [Mid-
Level Road (Road "2"), Road "3, Road "5" and Road "1"] University Drive
(Road sections 2A. 2B. and 2C). Kamanu Street Extension (Road 3A), Ane
Keohokalole Highway (Road 6A), [Kealalma ] Kealaka'a Street Extension
(Road 7), and Road 1 and their associated intersections.
QQ. 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
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Ordinance.
RR. Comply with all other applicable County, State and Federal laws, rules,
regulations and requirements.
SS. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval ofthis Project District Ordinance. The report
shall include, but not be limited to, the status of the development.1 [ ftftd ] 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 the Direetor
aelrnowledgcs that further reports are not required.]
TT. [An initial extension of time for the performanee of conditions within the
ordinance exeept fer the six year time limit in condition X.tO, may be
granted by thc Planning Direetor upon the following eireumstanees.]
Time Extension
1.:. Any condition that does not have a stated time of completion or a
trigger mechanism shall be completed within six years from the
effective date of this ordinance, as amended.
2. Any additional extension beyond the six years from the effective date
of this amendment shall be subiect to council approval, but shall not
exceed three years and shall not include Conditions J., L., D., and HH.
and shall be based on the following circumstances:
[h]!!J The non-performance is the result of conditions that could not have
been foreseen or are beyond the control of the applicant, successors
or assigns, and that are not the result of their fault or negligence.
[~]iliJGranting of the time extension would not be contrary to the General
Plan or Zoning Code.
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[~]~Granting of the time extension would not be contrary to the
original reasons for the granting of the Project District.
[4. The time extension granted shall be for a period not to exeeed
the period originally granted for performance (i.e., a condition
to be performed within one year may he extended for up to one
additional year).]
[Se]l!!:.l 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.
[UU. The Planning Director may permit an extension of the six year time limit to
complete Road "1" in Condition X.I 0, provided that the requirements of
Condition "TT" are met, and, in addition, the new deadline for the completion of
Road "1" is not more than two (2) years after the completion of any building,
including single family residential buildings, other than the University building or
the DOE building.]"
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
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