HomeMy WebLinkAboutPD BACKGROUND (REZ 04-025)BPuaaDevelopmentLLCAmendREZ.ajr.2.10.2020
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PUA'A DEVELOPMENT LLC
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 05-115 (REZ 2004-000025)
PUA'A DEVELOPMENT,LLC has submitted an application to amend numerous conditions
of Change of Zone Ordinance No. 05-115, which includes Condition B (Time to Pay Water
Deposit), Condition C (Time to Complete Construction), Condition E (Delete Requirement for
Supplemental TIAR), Condition F (Roadway Improvements), Condition H (Location of Spine
Road within Project Site), Condition I (Kuakini Highway Improvements), Condition V (School
Site), Condition W(Fair Share), Condition Y(Housing Requirement), Condition Z (Affordable
Housing Language), and Condition BB (Administrative Time Extension). Change of Zone
Ordinance No. 05-115 reclassified the 14.973-acre property from Agricultural-5 acres (A-5a) to
Neighborhood-Commercial 20,000-square feet(CN-20) in 2005. The subject property is located
approximately 1/2 mile south of the intersection of Hualalai Road and the Queen Ka`ahumanu
Highway(Route 11) and '/ mile north of the Kuakini Highway/Route 11 intersection, Puapua'a
1st
and 2nd,North Kona, Hawai'i, TMK: (3) 7-5-017:001.
APPLICANT'S REQUESTS AND REASONS
1. Applicant's Requests: As the subject Change of Zone Ordinance has time performance
and infrastructure obligation conditions that the applicant cannot meet or reasonably
fulfill, the applicant is requesting time extensions as well as amendments to certain
conditions of the ordinance, specifically Conditions B, C, E, F, H, I, V, W, Y, Z and BB
of Change of Zone Ordinance No. 05-115. The applicant is requesting amendments to
the following conditions:
Condition B: (Time Extension to Pay Water Deposit)
Condition C (Time Extension to Complete Construction)
Condition E (Delete Requirement for Supplemental TIAR)
Condition F (Reflect Approving Entity/Delete Already Implemented Portions of
Roadway Improvements)
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Condition H (Modify Requirement for Location of Spine Road within Project
Site)
Condition I(Modify Required Location of Kuakini Highway Intersection)
Condition V(Delete Entire Condition Relating to School Site)
Condition W(Modify Fair Share Provision to Remove Reference to School Site)
Condition Y(Delete Entire Condition Relating to Housing Requirement)
Condition Z (Affordable Housing Language)
Condition BB (Modify Condition to Allow Administrative Time Extension
2.Applicant's Reasons for the Requests: After receiving the zoning approval in 2005, the
applicant did some work to address a number of conditions over the following 2-3 years,
including conveyance of a 5-acre site for a future school as required by Condition V. The
subdivision of the school site from the subject parcel received tentative approval,
however final approval was contingent upon making substantial infrastructure
improvements that would be feasible only if the commercial and residential project were
developed simultaneously. Due to global economic meltdown that occurred over a decade
ago, the applicant believes that securing the required financing to initiate and complete
the project as represented was too difficult to obtain and thus decided to prioritize
exploring alternative uses of the property, and exploring sources for construction
financing. The applicant believes that the current economic outlook is amenable,however
time is still needed for the applicant to address the various conditions of approval, to
incorporate and finalize plans, and to secure the required financing.
3.Current Proposed Plan: The applicant initially proposed to develop a neighborhood
commercial shopping center to primarily serve residents of the neighboring residential
subdivisions. The original project was not intended to be a regional shopping center. The
original proposal included a 93,600 square-foot complex that would house varied
commercial uses, such as financial institutions and office spaces. Also proposed was
500+parking stalls with appropriate accessibility requirements. According to the
applicant, the current proposal includes a proposed reduction in the size of the
commercial project from 93,600 square feet to 72,600 square feet. Also included in this
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current proposal is the inclusion of a"transit hub" in the form of a public bus transfer
station, as well as the addition of 100 multiple-family residential units.
4.Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 -Application for Time Extension and
Amendments to Ordinance No. 05-115 dated November 12, 2019 and Planning
Department Exhibit 2 -Letters dated January 22,2020 and February 4,2020 from
Sidney Fuke)
5.Landowner: Pua'a Development LLC; c/o Brian Cook. Pua'a Development also owns
the subject property(TMK: 7-5-017:001), TMK: 7-5-017:023, TMK: 7-5-017:026 and
TMK: 7-5-017:039, which totals 46.87 acres. Suffolk Investments, LLC owns the
adjoining parcel (TMK: 7-5-017:019), in which the Department of Commerce and
Consumer Affairs (DCCA)records show that Pua'a Development, LLC and Brian Cook
are managing members of Suffolk Investments, LLC. This property is 14.87 acres in size.
The total acreage of these parcels owned by these two connected entities is 61.74 acres.
Planning Department Exhibit 3—DCCA record and Real Property Tax Records for
TMKs 7-5-017:001, 023, 026, 039)
CHRONOLOGY OF LAND USE PERMITTING
6. June 4, 2004: Subdivision(SUB)No. 7814 was approved for recordation with the
Bureau of Conveyances by County of Hawai`i Planning Director. (Planning
Department Exhibit 4—Subdivision Map for SUB 7814 showing ownership of each
parcel)
7.February 8, 2005: State Land Use(SLU) Boundary Amendment(SLU 04-009)to
reclassify subject parcel from the SLU Agricultural to Urban zoning district was approved
via Ordinance No. 05-114.
8. August 5, 2005: Effective date of Change of Zone Ordinance No. 05-115, approved by
the County Council to change the zoning of the subject properties from Agricultural-
5 acres (A-5a) to Neighborhood Commercial-20,000 square feet(CN-20). (Planning
Department Exhibit 5—Change of Zone Ordinance 05-115)
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9.August 13, 2008: The Planning Department issued tentative subdivision approval to
consolidate Lots 1-5 and re-subdivide into eight (8)new lots (SUB-07-00610). The
proposed consolidation and resubdivision included the subject parcel as well as
surrounding TMKs.
10. March 2, 2010: Planning Department issued a time extension request for the submission
of the final plat map, pursuant to Condition No. 10 of the Tentative Approval granted in
2008.
11. September 6, 2011: Planning Department issued an administrative time extension until
August 5, 2015 for Condition C (Time to Complete Construction) as allowed by
Condition BB of Ordinance No. 05-115.
STATE AND COUNTY PLANS
12. State Land Use Designation: Urban.
13. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The subject parcel
is designated as both Urban Expansion(ue), which allows for a mix of high density,
medium density, low density, industrial, industrial-commercial and/or open designations
in areas where new settlements may be desirable,but where the specific settlement
pattern and mix of uses have not yet been determined, and Low Density Urban(ldu),
which allows for residential uses, with ancillary community and public uses, and
neighborhood and convenience-type commercial uses; overall residential density may be
up to six (6)units per acre.
14. Kona Development Plan (CDP): The Kona CDP, adopted by the Hawai`i County
Council by Ordinance No. 08-131 on September 25, 2008 affects the subject property.
The subject property is located within the designated Kona CDP Urban Area and situated
within the Kahului-Puapua'a Village Neighborhood Transit-Oriented Development
TOD).
15. County Zoning: Neighborhood Commercial 20,000-square feet(CN-20). According to
the Zoning Code, the CN district applies to strategically located centers suitable for
commercial activities which shall be of such size and shape as will accommodate a
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compact shopping center which supplies goods and services to a residential or working
population on a frequent need or convenience basis.
16. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management
Program regulated by the County. The property is situated approximately 800-feet from
the nearest shoreline and is not within the County's SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
17. Project Site: The subject parcel has a total area of 14.973 acres and is irregular in shape.
The parcel is located on the west(makai) side of the Hawai`i Belt Road(State Route 11),
directly across from the Pualani Estates Subdivision. The Wai`aha drainageway bisects
the subject parcel which has affected the configuration of the parcel boundaries. The
majority of the subject parcel is overgrown with thick stands of Kiawe, with a small
access road(paved)which enters the parcel along Route 11 that includes a utility pole
line along its northern boundary.
18. Surrounding Zoning and Land Uses: Lands in the vicinity of the proposed project are
zoned as such: to the north and north-east there are large Agricultural-5 acres (A-5a)
zoned parcels; to the west/south-west and across Kuakini Highway is a residential
subdivision zoned single-family residential-10,000 square feet(RS-10) (Kahakai Estates
Subdivision); directly to the west is a multiple-family residential (RM-2.5) zoned parcel,
also owned by the applicant. The subject parcel borders the Hawai`i Belt Road; across the
highway and to the east of the subject parcel is the single-family residential 7,500 square-
foot(RS-7.5) zoned Pualani Estates Subdivision. Directly south, and adjacent to the
subject parcel is agricultural zoned parcels varying between 1 and 5-acres (A-la&A-5a).
19. FEMA Flood Insurance Rate Map (FIRM): Approximately 90% of the property is
located within Federal Emergency Management Agency(FEMA) Flood Zone X, an area
considered to have a minimal flood hazard. The remaining portion of the property lies
within the FEMA Flood Zone AE, which is a portion of the Wai`aha Drainageway
Splitflow#2. A Conditional Letter of Map Revision(CLOMR)to allow for
improvements and adjustments to the Flood Insurance Rate Map (FIRM)was submitted
and adopted by FEMA on September 29, 2017. Currently Special Flood Hazard Areas AE
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and X affect the subject parcel as designated by the updated FIRM. All development
plans, drainage studies, and other related documents shall reflect the September 29, 2017
FIRM.
20. Archaeological/Historical Resources: The applicant submitted a letter from the State
Historic Preservation Division(SHPD) dated August 27, 2008 regarding a revised
Archaeological Inventory Survey(AIS)report. The AIS included revised and updated
significance assessments and recommended general treatments. SHPD concurred with the
revised and updated report as final and stated "[the applicant] may now proceed with
preparation of a data recovery plan, burial treatment plan, non-burial site preservation
plan, and monitoring plan for the project area."The updated survey of approximately 65-
acres identified 65 sites and 138 features. The sites include platforms, terraces, mounds,
modified outcrops, caves, C-shapes, walls, and a historic period roadway and ranching
feature. Seventeen(17) sites were determined to be significant,however, they were given
a"no further work"recommendation. Forty(40) sites were determined to be significant
for their information content but required further work. The remaining seven(7) sites
were recommended for preservation. Six (6) of the sites were burials or possible burials,
while one(1)non-burial site was a possible significant habitation site. Two (2) of the
burials or possible burials may be within the project site(Sites 14048 and 14126). It is
also proximate the possible habitation site (Site 14123). The applicant will be required by
conditions to implement the recommended treatments and plans for the archaeological
sites on the property.
21. Flora/Fauna Resources: A botanical study of the subject parcel and surrounding area
was completed in October 2003 by and agent for the applicant. The report indicates that
the property consists of thick stands of kiawe and opiuma forest with minor koa haole
interspersed. There is a dense cover of Guinea grass that grows between the larger trees,
and the report notes that there are a few native plants, most of which occur on the rocky
outcrops. The native plants include uhaloa, ilihee, ilima, koali awa, and ala ala wai nui,
however, none of the plants recorded on the property are considered threatened or
endangered species of concern. Regarding faunal resources, no professional survey was
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completed. The applicant believes that the common non-native bird species (i.e., myna,
dove, etc.) and common non-native mammals (i.e., cats, dogs, mongoose) are the only
species that would be present on the subject parcel.
PUBLIC UTILITIES AND SERVICES
22. Traffic/Access: On July 20, 2004 the applicant submitted a Traffic Impact Analysis
Report(TIAR) for the proposed rezone of the subject parcel in support of Ordinance No.
05-113. The TIAR made the following findings in 2004:
1) The project is expected to generate 118 AM peak hour trips and 145 PM peak
hour trips to the roadway network.
2) A traffic signal is needed at the Pualani Estates Subdivision Road with or without
this project, and
3) The signalized intersection of Pualani Subdivision Road and Queen Kaahumanu
Highway is expected to operate at a satisfactory LOS in 2008 with the additional
traffic created by the apartment complex.
During the original rezone proposal it was determined that the property is also subject to
the conditions listed in the"Declaration Re Road Construction"recorded with the State
of Hawai`i Bureau of Conveyances on June 18, 2004 (Doc No. 2004-123556) in
connection with the final subdivision approval of Subdivision No. SUB 7814. The
declaration states that the declarant is subject to and burdened by an equitable servitude
requiring that the roadway improvements on and over Easement"1" (a 60-foot wide
easement for roadway and utility purposes)be completed as required by the Subdivision
Code of the County of Hawai`i prior to the time any certificates of occupancy(for non-
residential structures) or final inspections (for residential structures) are issued by the
County of Hawai`i with respect to any building permits for improvements on any of the
subdivided Lots in the property. In support of this proposed amendment, the applicant
has submitted an updated TIAR, dated October 2019 for the Pualani Makai Mixed-Use
Development project. The amendment request was sent to HDOT but did not specifically
ask for HDOT to review the updated TIAR. In their comment letter dated January 16,
2020, HDOT recommends that the proposed deletion amendment for Condition E by the
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applicant be replaced with"An updated Traffic Impact Analysis Report(TIAR), dated
October 2019, was prepared for the Pualani Makai Mixed-Use Development and will be
provided to HDOT for review and acceptance prior to issuance of Final Plan Approval."
HDOT concurred with the second addition to Condition E as well as the amendment to
Condition F. According to the updated TIAR all traffic movements at the Pualani Makai
access intersections on Route 11 and Kuakini Highway are expected to operate at
acceptable Levels of Service (LOS) at the full buildout and occupancy of the proposed
development. Staff notes that the TIAR suggests that beyond the Year 2024, the left-turn
movements from Hualalai Road and from Kuakini Highway onto Route 11 are expected
to deteriorate to worse than acceptable LOS due to the overall growth in regional traffic.
This maybe remedied by proposed future widening of the bounding highways by HDOT,
however those plans have yet to be finalized. The Hawai`i County Dept. of Public Works
DPW) recommends that access to Kuakini Highway shall align with the opposing entry
to Kahakai Estates Subdivision or the applicant shall coordinate with the developer of the
Sunstone Development located nearby so that the access to both developments are
opposing each other on Kuakini Highway. Site access is proposed at the existing
signalized intersection of Queen Ka`ahumanu Highway(Route 11) and Puapuaanui
Street; however, there is a property(Parcel 39) located between the subject property and
Highway 11. This property is also currently owned by the applicant but does not appear to
include any easements over it to provide direct access from the subject property to the
highway. Access is also proposed via a new mauka-makai roadway between Queen
Ka`ahumanu Highway and Kuakini Highway, hereinafter referred to as the"Spine Road".
The Spine road will be stop-controlled at its four-legged intersection with Kuakini
Highway, opposite Nakukui Drive, and will be the primary access point from Kuakini
Highway. Access shall meet the approval of the DPW and shall have the provision of
adequate sight distances.
23. Water: According to the Department of Water Supply(DWS), the subject parcel and
parcels included in SUB-07-000610 (SUB 7814) are subject to the"Settlement
Agreement and Release" of March 17, 2004, which provides a water commitment for 510
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water units [at an average of 400 gallons per day/per unit].The water commitment
consists of 368 units of water from the "Kealakekua Source Agreement" and 142 units of
water that are subject to conditions in the 2004 settlement (with no expiration date). At
least 100 units of water will be required for the multiple-family residential component of
the proposed project. The DWS is requesting that the applicant submit estimated
maximum daily water usage calculations,prepared by a professional engineer, for review
and approval. Upon acceptance of the water usage calculations, the BWS will determine
the amount of water units,water commitment deposits, facilities charges to be paid, and
water system improvements required for water service. Staff inquired of the applicant
regarding the use of the 510 water units and how they were going to be shared with the
current proposed developments (Pua'a and Suffolk) and the other adjoining parcels. The
applicant answered that there are no plans for the balance. As such, after water use
calculation study done per DWS' requirement, the residual would be assigned to the other
parcels. The exact division among those undeveloped parcels is unknown at this time.
24. Wastewater: The applicant proposes to connect the proposed project to the County
sewer system that extends from Kuakini Highway and bisects a portion of the subject
property. The applicant will perform an engineering study to determine if the sewer line
has adequate capacity to handle the proposed flows. No alternative was provided for
sewer or wastewater controls if capacity is unable to handle the additional inputs. By
comment letter dated December 20, 2019 the Hawai`i Dept. of Health(DOH) supports
the sewer requirements made by the County for the proposed project.
25. Solid Waste: The applicant intends to utilize commercial haulers to dispose of refuse
generated by the proposed development at the County landfill at Pu'uanahulu. A Solid
Waste Management Plan, approved by the Department of Environmental Management,
will be implemented by the applicant to handle solid waste during construction and
operation of the proposed development.
26. Drainage: The applicant will comply with the requirements and recommendations of the
Department of Public Works (DPW)which include the submittal of detailed drainage
studies and following the requirements of Chapter 27—Floodplain Management of the
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Hawai'i County Code. A culvert and related drainage improvements will be constructed
within the AE designated area(Splitway#2) to allow for a road connection between the
northern and southern sections of the property. A Conditional Letter of Map Revision
CLOMR) to allow for this current improvement and adjustments to the FIRM has been
submitted for review and approval by the FEMA. The applicant has prepared two (2)
construction plans: 1)DOT Drainage Culvert Improvements, and 2)Pualani Makai
Flood Channel which were developed and coordinated to address the road and drainage
requirements of the project area. Currently, there is an 8-foot wide pipe that crosses the
extension of the Queen Ka`ahumanu Highway in the vicinity of the project site. This
DOT installed system is undersized, therefore the DOT subsequently approved the DOT
Drainage Culvert improvements plan that recommends a bigger culvert(20-feet wide)
and a 40-foot wide concrete U-shaped channel from the Highway into a 2-acre, 25-foot
deep retention basin near Kuakini Highway. According to the applicant, a culvert and
related drainage improvements will be constructed within the AE designated are to allow
for a road connection between the northern and southern ends of the property. The
applicant acknowledges that there may be and added level of impervious surface resulting
from the proposed development, therefore, drywells or similar types of accommodations
will be implemented, subject to the review and approval of DPW and the DOH via the
Underground Injection Control (UIC) and National Pollution Discharge Elimination
System (NDPES)permit process.
27. Essential Utilities and Services: Electricity and telephone services are available to the
site. The Kealakehe Police Station is located less than 3-miles north of the project site.
There are three(3) fire stations within five (5)miles from the site, including Kailua-
Kona, Kealakehe, and Pu'uola. The Kona Hospital is located in Kealakekua.
AGENCIES AND ORGANIZATIONS' COMMENTS
28. State Dept. of Transportation: (Planning Department Exhibit 6—Letters dated
January 16,2020 and January 21, 2005)
29. State Dept. of Health: (Planning Department Exhibit 7—January 27,2020 Memo)
30. Dept. of Water Supply: (Planning Department Exhibit 8—January 8, 2020 Memo)
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31. Dept. of Public Works—Engineering Division: (Planning Department Exhibit 9—
December 18,2019 Memo)
32. State Land Use Commission: (Planning Department Exhibit 10—October 4, 2004
Letter; NOTE: Letter was in response to the original SLU Boundary Amendment
Application (SLU 04-009); to date no LUC comments have been received for the
current application.
AGENCIES -NO RESPONSE
33. Dept. of Public Works—Traffic Div.; Dept. of Education(DOE); Charter School
Commission; Fire Dept.; Office of Housing and Community Development; DLNR—
DOFAW, Engineering, SHPD, & Land Division.
AGENCIES -NO COMMENTS/NO CONCERNS
34. Department of Environmental Management(DEM); Police Dept.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
35. The applicant submitted the following in response to agency comments:
Planning Department Exhibit 11 —January 22, 2020 letter from Sidney
Fuke)
PUBLIC COMMENTS
36. As of the date of this writing, the Planning Department has not received any comments or
objections from the general public or adjacent landowners on the subject request.
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APPLICATION
FOR A TIME EXTENSION AND x)
AMENDMENT TO CONDITIONS B,C, E ,
F, H, I, V, W, Y, Z, AND BB
OF
ORDINANCE NO. 05 115
APPLICANT: PUAA DEVELOPMENT
LLC
Puapua'a
1st
and
2nd
North Kona, Hawaii
TMK: (3) 7-5-17: 001
Prepared For:
Puaa Development LLC
Prepared By:
Sidney M. Fuke, Planning Consultant
October 2019
Planning Dept.
Mbit ,
TO WHOM IT MAY CONCERN:
As landowner and applicant, I hereby authorize the submittal and processing of a time
extension and other amendments to Ordinance No. 05 115 relating to the development of a
shopping center and multiple-family residential project on property identified by TMK: 7-5-017:001.
X -e...zi„ i e.001 s
BRIAN R. COOK Date)
PUAA DEVELOPMENT LLC
AMENDMENTS TO CONDITIONS B, C, E, F, H, I, V, W, Y, Z, BB
ORDINANCE NO. 05 115
PUAA DEVELOPMENT LLC
PUAPUA'A 1ST AND 2"d, NORTH KONA, HAWAII
TMK: 7-5-017: 001
BACKGROUND
On August 5, 2005, Ordinance No. 05 114 became effective resulting in
the reclassification of a 14.973 acre area, identified by TMK: 7-5-017: 001
subject site") from the State Land Use Agricultural to Urban district.
Subsequently and also on the same date, the subject site was rezoned via
Ordinance No. 05 115 from Agriculture (A-5a) to Neighborhood
Commercial (CN-20). (Exhibit A) The purpose of those actions was to
enable the landowner/developer, Puaa Development LLC ("applicant") to
develop a neighborhood shopping center.
At the same time, the landowner (Suffolk Investment LLC) of an adjoining
property consisting of 14.87 acres and identified by TMK: 7-5-017: 019,
had proposed to do a 250-unit affordable rental housing project. Because
the infrastructure requirements and the somewhat symbiotic land use
relationship between the projects, that project was considered in tandem
with the proposed neighborhood shopping center on the subject site. As
such, the proposed housing site was reclassified into the State Land Use
from the Agriculture to the Urban district (Ordinance No. 05 112) and
rezoned from Agriculture (A-5a) to Multiple-Family Residential (RM-2.5)
via Ordinance No. 05 113 (Exhibit B), which became effective also on
August 5, 2005.
The rezoning ordinances for both projects had time performance
requirements which were not timely fulfilled. They also had similar
infrastructure related conditions. However, inasmuch as each of these
projects is covered by its own separate and distinct ordinance, a separate
report and request will be made for each ordinance. In this instance, this
request applies only to the site of the proposed neighborhood shopping
complex covered by Ordinance No. 05 115.
The time performance requirements of Ordinance No. 05 115 related to
Condition B (payment of water commitment deposit within 90 days);
Condition C (project completion within 5 years); and Condition V (public
input within 90 days on the proposed recipient of a school site). As will be
discussed below, although Condition V was complied with, the applicant is
requesting its deletion.
1
LI
Pursuant to Condition BB, a 5-year time extension to August 5, 2015 was
granted by the Planning Director in a letter, dated September 6, 2011.
Exhibit C)
The applicant and same owner of the property, Puaa Development LLC, is
proposing to amend:
a) Condition B by allowing payment of the water commitment fee,
if necessary, within 120 days from the effective date of this
amended ordinance;
b) Condition C by requiring construction to commence within 5
years and completed within 10 years from the effective date of
this amended ordinance;
c) Condition E by deleting only that portion that requires a
supplemental Traffic Impact Analysis Report if deemed
necessary by the State Department of Transportation;
d) Condition F by modifying and/or deleting portions that have
already been implemented;
e) Condition H by allowing the possibility of changing the location
of the Spine Road within the project site and at its intersection
with Kuakini Highway, subject to the approval of the County
Department of Public Works;
f) Condition I, because of the proposed amendment to Condition
H, making some consistent editorial change;
g) Condition V by deleting the obligation to provide and partially
improve a 5-acre school site;
h) Condition W by making some editorial and related changes to
the fair share provision to make it consistent with the deletion
of Condition V;
i) Condition Y by deleting the requirement that the project shall
include housing with specific construction timetable tied in to
proposed shopping center and instead let the site be subject
to the requirements of Chapter 11 relating to Affordable
Housing.
j) Condition Z by changing the housing program approving
authority from the County Housing Agency to the Administrator
of the Office of Housing and Community Development as
required by Chapter 11 relating to Affordable Housing;
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k) Condition BB by allowing an administrative extension using
the date of the amended ordinance.
II. PROJECT LOCATION
The subject property, consisting of 14.973 acres, is located on the makai
side of the extension of the Queen Ka'ahumanu Highway (Hawai'i Belt
Highway), generally between the towns of Kailua and Keauhou in North
Kona. It is situated within the land divisions of Puapua'a
1st
and 2nd, North
Kona and is identified by TMK: 7-5-17: 1.
More specifically, the subject site is located approximately 1/2 mile south'of
the intersection of Hualalai Road and the Belt Highway and 1/4 mile north
of the Kuakini Highway/Belt Highway intersection. There is a self-storage
facility on the south side of the subject property. The Pualani Estates
Subdivision is located near the subject site on the mauka side of the
Highway. (Figures 1 and 2)
III. PROPOSED PROJECT AND EXISTING AND PROPOSED REZONING
CONDITIONS
A. Project Concept
1. Original Concept
The applicant initially proposed to develop a neighborhood
commercial shopping center to primarily serve residents of the
neighboring residential subdivisions along the makai side of Kuakini
Highway and the Pualani Estates Subdivision. While it would also
capture some of the commuting traffic, it is not intended to be a
regional shopping center.
The 93,600 square foot complex to would have included a number
of structures, which would house uses ranging from financial
institutions, restaurants, convenience store, office space, and a gas
station. Also proposed were 500+ parking stalls, inclusive of
handicapped stalls and the required loading zones. Some of the
structures were proposed to two-story in height, with a maximum
height of 30 feet. The thought was to have multiple, rather than a
single or two large structures to reduce the overall visual impact of
the project.
The principal access from the Hawai'i Belt Road would have been
at the north end of the property. This intersection would have been
fully channelized and signalized. A right-in, right-out only access at
the south end was also proposed. Further, also proposed was a
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FIGURE 2
new a major spine road with a right-of-way of 60 feet through the
project. This roadway would connect to the Kuakini Highway.
2. Proposed Concept
The neighborhood shopping center concept has not changed.
What has, however, changed are the proposed size of the
commercial project, introduction of the concept of a public bus
transfer station, and inclusion of some residential units.
As depicted in Figure 3, the project has been reduced from 93,600
to 72,600 square feet of commercial space. This represents a
reduction of over 20,000 square feet.
Further, pursuant to the Kona Community Development Plan
CDP") which was adopted in 2008, subsequent to the existing
rezoning ordinance, the applicant has introduced the concept of a
transit hub in the form of a public bus transfer station. This would
be consistent with the CDP's designation of this general area as
being part of the Puaa-Wai'aha Village Neighborhood Transit
Oriented Development ("TOD").
Finally, because of the demand for residential units proximate to a
shopping area, the project also proposes to include 100 multiple
family residential units.
There has been no change to the proposed ingress/egress points
and their improvements.
B. Existing and Proposed Rezoning Conditions
As noted in the "Background" section of this report, because of the
symbiotic land use relationship between the projects on the subject
and the adjoining parcel, the project's respective rezoning ordinances
consisted of almost all of the similar conditions. The only difference
was the inclusion of an added affordable housing obligation found I
Condition Y.
This section, however, will initially state and/or summarize the various
conditions of the rezoning ordinance (Ord. No 05 115) affecting the
subject parcel, its status, as well as — in some situations -the
requested amendments. Where amendments are proposed, the
suggested language is included incorporating brackets [ ] for items to
be deleted and underscore (_) for items to be added.
A. The applicant, successors or assigns, shall be responsible for
complying with all of the stated conditions of approval.
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FIGURE 3
J
The applicant today (Puaa Development LLC) is the same as when the
original rezoning was approved. It intends to assume the responsibility
of complying with all pertinent conditions and any amendments thereto
of this rezoning ordinance.
B. Prior to issuance of a water commitment by the Department of
Water Supply, the applicant shall submit the anticipated maximum
daily water usage calculations as recommended by a registered
engineer, and a water commitment deposit in accordance with its
Water Commitment Guidelines Policy"to the Department of Water
Supply within ninety days from the effective date of this ordinance.
The applicant shall finalize the allocation of water commitments
sufficient to allow the proposed development prior to Final Plan
Approval.
Since the subject and adjacent parcels had already been assigned 510
water units by the Department of Water Supply ("DWS"), the applicant
assumed that a water commitment deposit was no longer necessary.
As such, no payment was made. Further, since the project never got
to the final Plan Approval stage where proposed uses would have
been established and from which water usage calculations can be
more accurately determined, that study was not done.
As such, through this process, the applicant is proposing that should
the DWS determine that further water commitment deposit fee is
necessary, the applicant shall be responsible for its payment within
120 days of the effective date of the amended ordinance.
Proposed language
B. Prior to issuance of[a water commitment by the
Department of Water Supply, the applicant shall submit the
anticipated maximum daily water usage calculations as
recommended by a registered engineer and a water
commitment deposit, if applicable, in accordance with its
Water Commitment Guidelines Policy" to the Department
of Water Supply within[ninety] one hundred twenty days
from the effective date of this amended ordinance. The
applicant shall finalize the allocation of water commitments
sufficient to allow the proposed development prior to Final
Plan Approval.
C. Construction of the proposed development shall be completed
within five (5) years from the effective date of this ordinance. Prior
to construction, the applicant, successors or assigns shall secure
Final Plan Approval for the amended proposed development from
5
the Planning Director in accordance with Section 25-2-70, Chapter
25 (Zoning Code), Hawaii County Code....
While the applicant addressed a number of those conditions, as will be
described below, plans for Final Plan Approval could not be finalized.
This was due in large measure to the collapse of the market
associated with the recession in 2008. As such, the applicant applied
for and secured an administrative time extension to August 5, 2015.
See Exhibit C)
The applicant is now proposing to renew this extension request for an
additional five (5) years, beginning the effective date of this
amendment to commence construction and having it substantially
completed within ten (10) years, be it either for the commercial or
residential component.
Furthermore as noted earlier, because of the need to still secure the
appropriate financing (subsequent to receipt of any time extension);
the need and time to address the multitude of conditions of the
ordinance such as affordable housing, sewer evaluation,
archaeological/cultural approvals, and the like; and the vagaries of the
real estate market relative to commercial uses, the applicant may not
be in a position to commence let alone complete the project within the
next 5 years. As such, it is also requesting the possibility of an
administrative time extension with a 10-year completion window.
Proposed language
C. Construction of the proposed development, whether the
commercial or residential component shall(be completed]
commence within five (5) years from the effective date of
this ordinance and be substantially completed within ten
10) years. Prior to construction, the applicant, successors
or assigns shall secure Final Plan Approval for the
amended proposed development from the Planning
Director in accordance with Section 25-2-70, Chapter 25
Zoning Code), Hawaii County Code....
D. No single commercial business may contain more than 45,000
square feet in gross floor area.
This will be complied with and verified during the Plan Approval
process.
E. If the Department of Transportation requires an amended Traffic
Impact Analysis Report (TIAR), it shall be submitted to the
Department of Transportation for review and approval prior to the
6
issuance of Final Plan Approval. All accesses including road
and/or intersection improvements, shall meet with the approval of
the Department of Transportation.
The State Department of Transportation ("DOT") will have an
opportunity to comment on the requested amendments, including the
review of the updated TIAR which is found in Exhibit D. During the
course of its review, it can recommend certain improvements be made.
Notwithstanding that ability, please note that the Queen Ka'ahumanu
Highway intersection falls under the jurisdiction of the State DOT, and
its requirements must be complied with, with or without any rezoning
conditions. Accordingly, since the DOT already has the ability to
control the project's road and access infrastructure destiny relative to
the State highway, the applicant is requesting that this portion of the
condition be deleted.
Further, as currently written, it would suggest that the DOT would have
the ability to determine all road related improvement requirements for
the project, including Kuakini Highway (which falls under the County's
jurisdiction) and the proposed interior road. The applicant requests
that DOT's jurisdiction be limited to only that portion of the Queen
Ka'ahumanu Highway fronting the subject site.
Proposed Language
E. [If the Department of Transportation requires an amended
Traffic Impact Analysis Report(TIAR), it shall be submitted
to the Department of Transportation for review and approval
prior to the issuance of Final Plan Approval.] All accesses
including road and/or intersection improvements affecting
State highways, shall meet with the approval of the
Department of Transportation.
F. The applicant, successors, or assigns shall improve the intersection
at the principal access on the Hawaii Belt Road at the north end of
T.M.K.: No. 7-5-17: 1 at the Pualani Estates Subdivision Road,
including but not limited to, a deceleration and exclusive left-turn
lane into T.M.K. No. 7-5-17: 1. The applicant shall pay for the cost
of upgrading the traffic signal lights at the intersection of the Hawaii
Belt Road and the Pualani Estates Subdivision Road to
accommodate 4-way traffic. Said improvements, plus the main
spine road through the Pualani Estates Subdivision to Hualalai
road, shall be completed prior to the issuance of a certificate of
occupancy for non-residential structures or final inspection of any
residential structures.
7
The applicant will comply with this requirement. However, it would like
to propose some minor edits to reflect the road improvement approving
entity (State DOT) as well as the already completed road connection.
Proposed Language
F. The applicant, successors, or assigns shall improve the
intersection at the principal access on the Hawaii Belt Road
at the north end of T.M.K.: No. 7-5-17: 1 at the Pualani
Estates Subdivision Road, including but not limited to, a
deceleration and exclusive left-turn lane into T.M.K. No. 7-5-
17: 1. The applicant shall pay for the cost of upgrading the
traffic signal lights at the intersection of the Hawaii Belt
Road and the Pualani Estates Subdivision Road to
accommodate 4-way traffic meetin_q with the approval of the
Department of Transportation and/or County Department of
Public Works Said improvementsf, plus the main spine
road through the Pualani Estates Subdivision to Hualalai
road,]shall be completed prior to the issuance of a
certificate of occupancy for non-residential structures or
final inspection of any residential structures.
G. The applicant, successors, or assigns shall construct a right-turn
deceleration lane and a right-turn acceleration lane at the
secondary entrance located at the south of the main intersection
meeting with the approval of the State Department of
Transportation, and other improvements that may be required by
the DOT. If DOT opposes the use of the second access to the
commercial development, all accesses shall be from the northern
access point. Otherwise, the southern access shall be limited to
right-in, right-out movements only. Said improvements shall be
completed prior to the issuance of a certificate of occupancy for
non-residential structures or final inspection of any residential
structures.
The applicant will comply with this requirement.
H. The applicant, successors, or assigns shall be subject to the
Declaration Re Road Construction"recorded with the State of
Hawaii Bureau of Conveyances on June 18, 2004 (Doc. No. 2004
123556) and shall improve "Easement l"to County dedicable
standards with curbs, gutter and sidewalk improvements meeting
with the approval of the Department of Public Works, prior to the
issuance of any certificates of occupancy for non-residential
structures or prior to any final inspections for residential structures,
from Kuakini Highway to Lot 1, Sub 7814 (the frontage road lot).
8
The applicant, successors, or assigns shall also complete the road
connection from Easement "I"to the main project intersection,
including bridging the floodway, to County dedicable standards, and
from Easement "I"to the southerly project access to County
dedicable standards, prior to the issuance of a certificate of
occupancy for non-residential structures or final inspection for any
residential structures.
This relates to the project's obligation to construct the new 60-foot wide
spine roadway between Kuakini Highway and the Queen Ka'ahumanu
Highway. While the concept of this new spine road will be complied
with, the applicant would like to retain the ability to possibly relocate
this road within the project site and its intersection with Kuakini
Highway to enhance better connectivity with surrounding properties, as
well as the proposed Ali'i Parkway. Nonetheless, its intersection with
the Queen Ka'ahumanu Highway —which would amount to the
extension of Puapua'anui Street - would not change.
Subject to the approval of the County Department of Public Works of
the location of the spine road and its intersection with Kuakini Highway,
and prior to its implementation, the Declaration and easement would
be amended, if necessary and/or appropriate.
Proposed Language
H. The applicant, successors, or assigns shall be subject to the
Declaration Re Road Construction"recorded with the State of
Hawaii Bureau of Conveyances on June 18, 2004 (Doc. No. 2004
123556) and shall improve "Easement I"(spine road) or an
alternative location approved by the County Department of Public
Works to County dedicable standards with curbs, gutter and
sidewalk improvements within a 60-foot wide right-of-way meeting
with the approval of the Department of Public Works, prior to the
issuance of any certificates of occupancy for non-residential
structures or prior to any final inspections for residential structures,
from Kuakini Highway to Lot 1, Sub 7814 (the frontage road lot).
The applicant, successors, or assigns shall also complete the road
connection from Easement "I"or an alternative location approved
by the County Department of Public Works to the main project
intersection, including bridging the floodway, to County dedicable
standards, and from Easement "I"or an alternative location
approved by the County Department of Public Works to the
southerly or Kuakini Highway project access to County dedicable
standards, prior to the issuance of a certificate of occupancy for
non-residential structures or final inspection for any residential
structures.
9
Should the approved location of the 60-foot wide right-of-way spine
road differ from Easement I, the applicant shall take appropriate
measures to amend the Declaration and Easement prior to its
construction to assure access to all lots intended to be served by
this Easement.
1. Access to Kuakini Highway, including the provision of adequate
sight distances, shall meet with the approval of the Department of
Public Works. An exclusive left turn lane and right turn deceleration
lane shall be provided on Kuakini Highway at Easement 1 access
road approach. The access shall align with the opposing entry to
Kahakai Estates Subdivision. Requirement improvements may
include, but not be limited to, pavement and shoulder widening,
pedestrian activated cross walk lights, drainage improvements and
relocation of utilities. A system of drywells shall be installed to
address existing local drainage on the mauka side of Kuakini
Highway flowing to the proposed access approach. Said
improvements shall be completed prior to the issuance of a
certificate of occupancy for non-residential structures or final
inspection of any residential structures on the subject site.
Inasmuch as the applicant wants to reserve the possibility of changing
the location of Easement I as outlined in Condition H, this condition
also needs to be amended.
PROPOSED LANGUAGE
I. Access to Kuakini Highway, including the provision of adequate
sight distances, shall meet with the approval of the Department of
Public Works. An exclusive left turn lane and right turn deceleration
lane shall be provided on Kuakini Highway at Easement 1 or at an
alternative location approved by the County Department of Public
Works access road approach. The access shall align with the
opposing entry to Kahakai Estates Subdivision or at an alternative
location approved by the County Department of Public Works.
Requirement improvements may include, but not be limited to,
pavement and shoulder widening, pedestrian activated cross walk
lights, drainage improvements and relocation of utilities. A system
of drywells shall be installed to address existing local drainage on
the mauka side of Kuakini Highway flowing to the proposed access
approach. Said improvements shall be completed prior to the
issuance of a certificate of occupancy for non-residential structures
or final inspection of any residential structures on the subject site.
J. The applicant...shall provide an easement to the property to the
north (TMK: 7-5-17: 2) to permit that property to access the main
10
project intersection. The easement shall have a minimum width of
60-feet, and be in a location meeting with the approval of the
Department of Public Works. The designation of this easement and
its terms shall be established prior to the issuance of a certificate of
occupancy for non-residential structures or final inspection of any
residential structures.
The applicant will comply with this requirement.
K. The main spine mauka/makai road within the proposed
development shall be improved to County dedicable standards with
curbs, gutter and sidewalk improvements and, if accepted by the
County, a bike path, prior to issuance of a certificate of occupancy.
The applicant shall provide necessary easements for road and
drainage improvements in favor of T.M.K. No. 7-5-17: 19 so that the
property can be developed independently of T.M.K. No. 7-5-17:1.
The applicant...shall convey its interest in the easement and all
improvements therein to the County upon their completion.
The applicant will comply with this requirement.
L. Install streetlights, signs and markings meeting with the approval of
the Department of Public Works.
The applicant will comply with this requirement.
M. A drainage study shall be prepared and submitted for the review
and approval of the Department of Public Works prior to the
issuance of Final Plan Approval. If deemed necessary by the
Department of Public Works, the appropriate Federal Emergency
Management Agency (FEMA) clearances and approvals shall be
secured prior to issuance of any land disturbance permit affecting
the area covered by the work within the "AE"zone or the corrected
effective base flood map. The applicant shall construct all
necessary drainage improvements including the flood channel prior
to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
The applicant will comply with this requirement.
As additional information, however, please note that the Federal Flood
Insurance Rate Map (FIRM) identifies more than 90% of the subject
site to be within Zone X (areas outside of 500-year flood), and the
remaining area AE (floodway). The floodway is a portion of the
Waiaha Drainageway Splifflow No. 2 and bisects the middle portion of
the subject property.
11
A culvert and related drainage improvements will be constructed within
the AE designated area to allow for a road connection between the
northern and southern sections of the property. A Conditional Letter
of Map Revision (CLOMR) to allow for this improvement and
adjustments to the FIRM has been filed.
As there will be an added level of impervious surface resulting from the
proposed development, there may be an issue relating to potential
increased run-off. In that event, drywell(s) or similar type of
accommodations will be implemented, subject to the review and
approval of the Department of Public Works and State Department of
Health via the Underground Injection Control (UIC) permit process.
With the proposed on-site drainage improvements, including the
culvert and related improvements noted in the CLOMR application, all
potential drainage and/or flooding issues could be reasonably
addressed and mitigated.
N. The proposed flood channel shall be maintained in private
ownership and a maintenance program for the channel shall be
submitted to the Department of Public Works for review and
approval.
The applicant will comply with this requirement.
O. No residential or commercial structures shall be constructed within
areas designated "AE"or"shaded"Zone 'X"by Flood Insurance
Rate Maps (FIRM) as amended by any applicable LOMR.
Restrictive covenants in the deeds of all single-family residential
lots shall give notice of the terms of this rezoning condition. No
single-family residential lots may be created which lack a buildable
area. This restriction may be removed by amendment of this
ordinance by the County Council. If appropriate, a copy of the
proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Department for
review and approval prior to the issuance of Final Subdivision
Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of
Conveyances.
The applicant will comply with this requirement. Please also see
response to Condition M.
P. A....(NPDES) permit and an (UIC) permit, if required, shall be
secured....before the commencement of construction activities.
12
This will be complied with prior to the construction activity. This is
required for drainage related improvements such as the drywell.
Q. All development generated runoff shall be disposed of on-site and
shall not be directed toward any adjacent properties.
The applicant will comply with this requirement. It should be noted that
as part of the Plan Approval process, the Applicant must submit a
DPW approved site drainage plan prepared by a licensed engineer.
Further, as part of the building permit review/approval process, civil
plans relating to this requirement must also be prepared and submitted
for the approval of the DPW.
R. The applicant shall perform an engineering study to determine if the
sewer line has adequate capacity to handle the proposed flows,
and shall upgrade the sewer line if necessary. Sewer lines shall be
installed within the development to connect with the County's sewer
system, meeting with the approval of the Department of
Environmental Management, and prior to the issuance of a
Certificate of Occupancy.
The applicant will comply with this requirement.
S. A Solid Waste Management Plan shall be submitted to the
Department of Environmental Management prior to the issuance of
a Certificate of Occupancy.
The Applicant will comply with this requirement. Again, this will be
done prior to or no later than submittal of plans for a building permit.
T. A Data Recovery Plan and an Archaeological Preservation Plan
and Burial Treatment Plan shall be submitted for the review and
approval of the Planning Director, in consultation with the
Department of Land and Natural Resources— State Historic
Preservation Division (DLNR-SHPD). Proposed mitigation
treatment for the burial sites within the subject property shall be
approved by the SHPD's Hawai'i Island Burial Council before
detailed mitigation plans are finalized for these sites. A copy of the
approved Final Archaeological Preservation and Burial Treatment
Plan shall be submitted to the Planning Director for its files prior to
submitting plans for Final Plan Approval review or prior to the
issuance of any land alteration permits, whichever occurs first.
An Archaeological Inventory Survey ("AIS") was conducted of the
requested and immediately surrounding areas by Paul H. Rosendahl,
Inc. In response to the State Historic Preservation Division's
13
SHPD") comments, a revised report was prepared and subsequently
submitted to SHPD. (A copy is on file with the Planning Department.)
The SHPD, in its letter of August 27, 2008, approved the revised AIS.
Exhibit E)
The survey of the subject and surrounding properties consisting of
approximately 65 acres identified 64 sites consisting of 138 features.
The sites included platforms, terraces, mounds, modified outcrops,
caves, C-shapes, walls, plus a historic period roadway and ranching
features. The approved AIS noted that "no further work" were needed.
for thirty four (34) sites; thirty one (31) sites were required "further data
collection"; three (3) burial sites were to be preserved "in place"; while
one (1) possible ceremonial site was also recommended preservation
in place."
The burial sites (Site Nos. 14091, 14124, and 14132) and the possible
ceremonial site (Site No. 14123) are identified on the map identified as
Location of Burial, Preservation, and Data Recovery Sites. (Figure 4)
Two (2) of the burial sites and the possible ceremonial site with their
proposed 30-foot wide buffers are located on the site plan (Figure 3).
The other burial site which is not noted on the site plan is located on
the same parcel as the possible ceremonial site. You will note that the
two (2) burial sites with their with their proposed buffers are situated
entirely on an adjoining parcel, whereas only a small area of the
proposed buffer area of the possible ceremonial site falls within the
subject site. In that area, residential uses are being proposed.
At the appropriate time, the applicant or affected landowner intends to
prepare the appropriate Burial Treatment Plan ("BTP") and preserve
the burials as is. Likewise, the applicant will have a Preservation Plan
PP") for the possible ceremonial feature prepared. The site plan will
be adjusted, if needed, to accommodate the requirements of the PP.
The burial sites with their possible buffers and possible ceremonial
sites are located on the site plan (Figure 3).
Notwithstanding the above, the existing condition already requires that
the project design accommodate the requirements of the approved
BTP and PP in the form of buffers, access, construction protocols, and
the like. All of this will be done prior to issuance of Final Plan
Approval. As such, the condition provides adequate protection and
accommodation of any cultural and archaeological features within
and/or proximate to the subject site.
U. Should any remains of historic sites such as rock walls, terraces,
platforms, marine shell concentrations or human burials be
encountered, work in the immediate area shall cease and the
14
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Department of Land and Natural Resources— State Historic
Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance
from the DLNR-HPD when it finds that sufficient mitigative
measures have been taken.
This requirement will be adhered to by the Applicant and its
contractors.
V. As represented by the applicant, within ninety (90) days after the
effective date of this ordinance, the applicant shall solicit the input
of the State Department of Education (DOE), community, and
County Council to determine which government agency or entity,
such as a DOE-certified "public charter"school, would be the
recipient of this school site. The school site and any improvements
thereon shall be conveyed via lease to the identified recipient for
1.00 for the duration of the lease, with the understanding that said
entity or agency would be able to secure additional funds as may
be necessary to have a school opened prior to or in conjunction
with the issuance of a residential occupancy permit on the subject
property. Further, should the school use be terminated for any
reason, the land and improvements thereon shall be conveyed in
fee to the County of Hawaii at no cost within thirty (30) days of the
date of termination.
Within sixty (60) days of the identification of the receiving agency or
entity, a draft of an agreement reflecting the terms outlined in this
ordinance shall be submitted to the County Council for its review
and approval.
As further represented by the applicant, the applicant...shall 1) prior
to the issuance of a building permit for any residential or
commercial structures on the subject site, a) subdivide and
dedicate or cause the dedication of 5 acres of land within T.M.K. 7-
5-17: 19 and/or T.M.K. 7-5-17: 23 for a school site to the State DOE
or a DOE-certified "public charter"; and b) provide the necessary
infrastructure to the site, including vehicular access and utility
systems; and 2) prior to the issuance of a Certificate of Occupancy
for any residential structures on the subject site, make the
necessary on-site land improvements for the school and associated
playground area, as well as construct or cause the construction of
up to $600,000 of building or structural improvements as may be
mutually agreed to between the applicant and the receiving agency
or entity These improvements are designed to facilitate the
opening of a school prior to the occupancy of any residential
structures on the subject property.
15
The applicant solicited input of the State Department of Education
DOE"), County Council, and community. This resulted in a letter,
dated May 17, 2006 from the applicant to the County Council
transmitting a copy of a draft conveyance agreement of the proposed 5
acres school site to the Innovations Public Charter School Foundation
Innovations"). (Exhibit F). At its meeting of July 7, 2006, the
County Council approved the proposed agreement.
The condition then required the land to be conveyed prior to issuance
of a building permit for either the proposed neighborhood shopping
center or a residential project on the subject site. However, because of
the 2008 recession, the proposed project could not get off the ground.
As such, although tentative subdivision approval for the 5-acre site was
granted, it was never finalized. Infrastructure improvements such as
access and water system had to be made as part of the subdivision
process; and these required improvements would normally have been
done together with the development of the commercial and/or
residential project. As such, because the land was never subdivided,
the conveyance to Innovations did not happen.
In the meantime, Innovations elected to consolidate its campus on the
mauka side of the Queen Ka'ahumanu Highway, north of Hualalai
Road.
As such, the applicant is requesting that this condition be deleted in
its entirety.
W. If the applicant...develop residential units on the subject property,
the applicant shall make its fair share contribution to mitigate the
potential regional impacts of the project with respect to parks and
recreation, fire, police, solid waste disposal facilities and roads.
The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval. The fair share contribution for each
lot shall be based on the actual number of residential units
developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted
annually beginning three years after the effective date of the
amendment to the ordinance, based on a percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution
shall have a maximum combined value of$6,206.06 per multiple
family residential unit ($9,671.44 per single family residential unit).
The total amount shall be determined by 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 unit) shall be allocated as follows:
16
1. $3,601.27 per multiple family residential unit ($4,663.74 per
single-family residential unit) to the County to support park and
recreational improvements and facilities;....
5. $2,617.77 per multiple family residential unit ($4,143.81 per
single-family residential unit) to the County to support road and
traffic improvements.
In lieu of paying the fair share contribution, the applicant may
contribute land and/or construct improvements/facilities and roads
within the region impacted by the proposed development, subject to
the review and recommendation of the Planning Director, upon
consultations with the appropriate agencies and approval of the
County Council. Improvements to the drainage system as it
crosses under Kuakini Highway, the road improvements at the
Kuakini Highway intersection, and the mauka/makai spine road up
to the entrance of the proposed rental housing project shall be
credited against the road fair share.
Relative to the requirements for the school as outlined in Condition
U, the value of land— which shall be based on the per acre
purchase cost of the applicant- , the cost of the infrastructure (road
and utility) to the subject site, and the cost of site preparation for
the school and playground area shall be credited against the park
and recreation fair share. The construction of any structures on the
subject site shall be credited against the balance, if any, of the park
and recreation fair share of this ordinance and/or any future park
and recreation fair share requirement for T.M.K. 7-5-17: 23 and 26.
The applicant will comply with this requirement. However, because it
is requesting the deletion of Condition U relating to the 5-acre school
site, the fair share credit of the school site is not applicable. The last
paragraph of Condition W should thus be deleted in its entirety.
Further, please note that should the applicant construct residential
units on the subject property, triggering this condition, the applicant will
comply with this requirement.
X. Should the Council adopt a Unified Impact Fee Ordinance
conditions included herein shall be credit towards the
requirements of the Unified Impact Fees Ordinance.
At this point in time, this is not applicable; as such an ordinance has
not been passed as of this date. However, should one be applicable to
the project, the Applicant will comply.
17
Y. The project shall include housing. At least 50 residential units shall
be under actual construction, with completion assured by security
approved by the Planning Director, before the issuance of a
certificate of occupancy for any commercial structures. An
additional 50 units shall be constructed if all the commercial uses
exceed 60,000 square feet of gross floor area. The additional units
shall be under actual construction, with completion assured by
security approved by the Planning Director, before the issuance of
a certificate of occupancy for commercial structures exceeding a
cumulative total of 60,000 square feet of gross floor area on the
project area.
The applicant is requesting that this condition be deleted in its
entirety and instead let the prevailing code (Chapter 11 of the Hawaii
County Code) relating to affordable housing apply. Inasmuch as the
requirement of affordable housing is already found in Condition Z,
Condition Y would be redundant. More critically, however, Condition Y
would be inconsistent with the judicial principle of"equal application of
the law" as only this and not all projects are being tagged with this
obligation. Further, inasmuch as this additional requirement is not
being requested by the applicant, the condition would be tantamount to
contract" zoning, which is legally frowned upon.
Z. 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 County Housing Agency prior to final subdivision
approval or final plan approval, whichever occurs first. The housing
requirement shall be met by the provision of affordable housing
onsite and not by use of any affordable housing credits generated
off site or by any in-lieu fee.
The applicant will comply with this requirement. However, editorially, it
should be noted that the approving entity should be the Administrator
of the Office of Housing and Community Development and not the
County Housing Agency.
AA. Comply with all applicable County, State, and Federal laws, rules,
regulations, and requirements.
This is an on-going requirement, one which the Applicant and its
contractors agree to comply with.
18
BB. An initial time extension of time for the performance of conditions
within this ordinance may be granted by the Director upon the
following circumstances:
1. The non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the applicant,
successors or assigns, and are not the result of their fault or
negligence.
2. Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3. Granting of the time extension would not be contrary to the
original request for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed
the period originally granted for performance (i.e., a condition to
be performed within one year may be extended for up to one
additional year.)
5. If the applicant should require an additional extension of time,
the Planning Department shall submit the applicant's request to
the County Council for appropriate action.
The applicant is proposing to retain the prospects of having an initial
administrative time extension. Because of the need to secure agency
approvals on matters such as archaeology, FEMA drainage map
changes, infrastructure improvements from the County and State, a
process that the applicant has no control over, the ability to secure an
administrative time extension would provide lenders with greater land
use entitlement assurances.
Proposed Language
An initial time extension of time for the performance of
conditions within this amended ordinance may be granted by
the Director....
CC. Should any of the conditions not be met or substantially complied
with in a timely fashion, the Planning Director may initiate rezoning
of the area to its original or more appropriate designation."
No such action has been initiated, and it is the applicant's hope that with
this time extension request, there is no need for such action to be
initiated by the Director.
19
IV. JUSTIFICATIONS OF REQUEST
In situations where a rezoning ordinance allows consideration for
administrative time extensions, the request is measured against three (3)
criteria. As such, absent any guidelines provided in the Planning
Department rules governing time extensions, the applicant's time
extension request will be evaluated against those criteria.
A. 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.
After receipt of the zoning approval in 2005, the applicant worked to
address a number of conditions over the following 2-3 years. Most
notably, it worked with the State and the Innovations Charter School
over the possible conveyance of a 5-acre site for a future school. A
surveyor was hired to prepare and process the subdivision map to
create this 5-acre lot. The subdivision application received tentative
subdivision approval, and final approval was contingent upon making
substantial infrastructure improvements that could have been feasible
only if the commercial and residential projects were developed as well.
Concurrently, it had its engineer address the drainage issues that
required interaction with both the State Department of Transportation
and the County.
Regrettably, because of the global economic meltdown and the
financial crisis that precipitated the recession in 2008, securing the
required financing to initiate and complete the project became a major
problem. Much of the attention was then directed towards exploring
alternative uses of the property, which now includes a residential
component; doing the appropriate financial pro forma for a possible
revised project; and exploring sources of construction financing.
Understandably, this recession was clearly something that was not
within the control of the applicant and certainly not one that the
applicant and so many others anticipated. Although there are signs
that the economy is on an upswing and turning "north", time is still
needed for the applicant to address the various conditions of approval,
then incorporate and finalize its plans, as well as securing the required
financing. .
B. Granting of the time extension would not be contrary to the General
Plan or Zoning Code.
1. GENERAL PLAN: The proposed request is not contrary to the
General Plan's_Land Use Pattern Allocation Guide ("LUPAG") Map
20
that defines the subject property and its immediately surrounding
area for Medium Density uses. The CN-20 zoning occurred
subsequent to the most recent revisions to the General Plan
February 2005). At that time, the zoning was deemed to be
consistent with the LUPAG map.
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it would provide limited short-term economic opportunities
largely through the construction of any improvements required for
the neighborhood shopping center project. Relatedly, longer-term
opportunities could be created largely in the form of retail and office
workers within the project. By serving as a potential transportation
hub as noted in the Kona CDP, it would provide services to the
surrounding residential areas and in so doing, create a more stable
community. Further, it should add revenues to the County and
State coffers in terms of the various forms of taxes, such as general
excise, corporate, real property, and personal income.
In that regard, the request would not be contrary to and supportive
of the following goals, policies and standards of the General Plan:
Economic Element:
Provide residents with opportunities to improve their quality
of life through economic development that enhances the
County's natural and social environments.
Economic development and improvement shall be in balance
with the physical, social, and cultural environments of the
island of Hawaii.
Strive for diversity and stability in the economic system.
Strive for an economic climate that provides its residents an
opportunity for choice of occupation.
Strive for full employment.
Land Use Element:
Designate and allocate land uses in appropriate proportions
and mix in keeping with the social, cultural, and physical
environments of the County.
21
Commercial Sub-element:
Provide for commercial developments that maximize
convenience to users.
Provide commercial development that complements the
overall pattern of transportation and land usage within the
island's regions, communities, and neighborhoods.
Distribution of commercial areas shall be such as to best
meet the demands of neighborhood, community and
regional needs. (Policy)
Encourage the concentration of commercial uses within
and surrounding a central core area. (Policy)
Standards
Commercial developments shall be located in areas
adequately served by transportation, utilities, and
amenities. Commercial developments shall provide for
adequate internal circulation amongst commercial
facilities in the area.
Off-street parking and loading facilities shall be provided.
Commercial development shall maintain or improve the
quality of the present environment through the
consideration of visual, access, landscaping, and other
design elements in their development.
Preference shall be given to commercial lands with a
reasonably level topography.
As for the residential component, it would provide much needed
housing in the area and region. And with the development of the
adjoining commercial complex, it would be quite convenient,
creating a more walkable environment and community.
In that regard and relative to the General Plan policies and
standards, the pertinent ones are:
Housing Element (Goals)
Attain a diversity of socio-economic housing mix
throughout the different parts of the County.
22
Maintain a housing supply which allows a variety of
choice
Develop better places to live in Hawaii County by
creating viable communities with decent housing and
suitable living environments for our people
Improve and maintain the quality and affordability of the
existing housing stock
Seek sufficient production of new affordable rental and
fee-simple housing in the County in a variety of sizes to
satisfactorily accommodate the needs and desires of
families and individuals.
Housing Element (Policies)
Increase rental opportunities and choices in terms of
quality, cost, amenity, style and size of housing,
especially for low and moderate income households.
Land Use Element (Multiple-Residential)
Goals
To provide for multiple residential developments that
maximize convenience for its occupants.
To provide for suitable living environments which
accommodate the physical, social and economic needs of
the island residents.
Policies
Appropriately zoned lands shall be allocated as the demand
for multiple residential dwellings increases. These areas
shall be allocated with respect to places of employment,
shopping facilities, educational, recreational and cultural
facilities, and public facilities and utilities.
Standards
Areas shall be protected from incompatible uses by
transition zones.
23
Provide adequate access to arterial streets, shopping
facilities, schools, employment centers, and other services.
Development shall not be permitted in natural hazard areas
unless proper on-site improvements are provided.
Development shall be located in areas where public utilities
can be economically provided at a level of adequate to meet
the demand for the concentrated service.
Recreational area and/or facilities shall be considered in
multiple residential development.
Further, the overall project is consistent with the policies of the
Land Use element portion of the General Plan. These include:
Designate and allocate land uses in appropriate proportions
and mix and in keeping with the social, cultural and physical
environments of the County
The County shall encourage the development and
maintenance of communities meeting the needs of its
residents in balance with the physical and social
environment
Zoning requests shall be reviewed with respect to General
Plan designation, district goals, regional plans, State Land
Use District, compatibility with adjacent zoned uses,
availability of public services and utilities, access, and public
need
The county shall encourage the development and
Maintenance of communities meeting the needs of its
residents in balance with the physical and social
environment
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of wind patterns.
Maintaining and improving the quality of the environment is
important to the success of this project. The General Plan identifies
five (5) areas of environmental concerns - air pollution, water
quality, soil pollution, solid waste disposal, and noise pollution. As
proposed, the project would not be violative of any of those
objectives.
24
Aside from vehicular transmission, air pollution associated with the
project should be negligible. All wastewater systems would be
disposed off in the County's system along Kuakini Highway. This
should be sufficient to address any potential groundwater or coastal
water impacts.
As required, a solid waste management plan will be prepared and
implemented. As a commercial project, there will be noise
associated with vehicles and some use. Nonetheless, they will be
governed by the State Department of Health's Noise Regulations.
it should not be a noisy one. Any noise-generating facility - such as
air conditioners -would be carefully placed to minimize their noise
impacts to adjoining properties.
Further, while the site has some on-site developmental constraints,
they are not insurmountable. For the most part, the site is
designated "X" on the FIRM map, and any activities within the "AE"
area will be drainage-related and pursuant to County and Federal
requirements. While there are two possible burials on the site, their
locations are such that they would not restrict the development of
this project. It should be noted that the existing conditions, such as
Conditions M, N, and 0, already address this matter.
Being partially disturbed and within an urban environment, the
prospects of the site serving as a habitat for rare or endangered
plant or animal life appear remote. Although there may be a
potential for some endemic birds to visit this area, the development
of this site would not remove a critical habitat. Then, too, there are
alternative areas that would be more suitable for any habitats.
An Archaeological Inventory Survey (AIS) was prepared for a 65-
acre area, of which the subject site is a part of. Relative to the
subject site, the approved AIS noted that there were two (2) burials
adjacent to the site of the proposed rental housing. The proposed
buffer of a possible ceremonial site is situated on the subject site
though. All of these features are generally noted in the project's
site plan.
Furthermore, if there are inadvertent archaeological features found
on the site, work will stop and the State DLNR and County Planning
Department will be consulted before further activities occur within
the affected area. All of these protective archaeological and cultural
protocols are already embodied in Conditions T and U.
The Plan also emphasizes that developments be mindful of an
area's natural beauty. In this situation, the project will be
25
developed in a manner where it blends with the existing terrain and
enhances the natural environment through the introduction of
landscaping.
Although the project site is in excess of 800 feet from the ocean, it
is also separated by other developments from the ocean. As such,
some of the usual coastal resources concern would not be
pronounced. There will be no interference with shoreline access.
Then, too, by hooking up into the County's wastewater system,
impacts to the coastal water should be minimized.
There will be little impact to public facilities. The water system will
be developed in a manner meeting with the requirements of the
DWS. All required off-site improvements will be constructed by the
applicant. Schools and other public facilities are also located
proximate to the site, most of them being less than five (5) miles
away. Additionally, the applicant is prepared to dedicate 5 acres of
land for a school site.
Another major infrastructure issue relates to traffic and road
improvements. Inasmuch as the project will generate in excess of
50 AM/PM peak movements, a TIAR is required per the
concurrency provision of the Zoning Code.
In that regard, an updated TIAR, dated October 3, 2019, was
prepared by The Traffic Management Consultant and found in its
entirety in Exhibit D.
In reviewing the subject project in conjunction with the proposed
residential development on the adjoining parcel, the TIAR made the
following recommendations:
1. Improvements at the intersection of Queen Ka'ahumanu
Highway and Pua'puaanui Street. (This is already addressed in
Condition F.)
2. Construction of the spine road. (This is already addressed in
Conditions H, I, and K.)
The estimated cost of these improvements is over $7.5 million.
On other land use matters, it is noted that the existing CN-20
zoning is consistent with the Medium Density Urban Area of the
LUPAG map. It would also be compatible with the surrounding
areas. There are multiple-family residential and commercial uses
in the immediate vicinity of the subject site.
26
The soil of the site is classified "E" or very poor. While it does have
some measure of agricultural potential, as evidenced by the
existing vegetation on the site, the site does not have resource that
is deemed to be critical from an agricultural perspective.
Furthermore, this area is bounded by urban uses.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed commercial and
residential project.
2. KONA COMMUNITY DEVELOMENT PLAN: It should be noted
that since the site was initially rezoned, the only significant land use
regulatory change was adoption of the Kona Community
Development Plan ("CDP"). As such, this discussion also includes
the project's relationship to the CDP.
Relative to the Kona CDP, Section 15.1 of the County General Plan
called for the development and eventual County Council adoption
of Community Development Plans. The General Plan states that
the CDP "will translate the broad General Plan statements to
specific actions as they apply to specific geographical areas." The
General Plan also notes that should the CDP require a General
Plan amendment, it could be considered concurrent with the
adoption of the CDP. However, "If there is a direct conflict between
the Community Development Plan and the General Plan, the
General Plan shall be controlling."
Pursuant to the above, the Kona CDP was developed and adopted
by the Hawaii County Council on September 25, 2008. It became
effective on September 10, 2008 as Ordinance No. 08116.
One of the strategies outlined in the CDP to help address
infrastructure and lifestyle objectives is the concept of Transit-
Oriented Development ("TOD"). As defined in pages 4-6 of the
CDP, the concept of a TOD encourages the "development of
compact, mixed-use villages which would integrate housing,
employment, shopping, and recreation opportunities. Villages
would be designed around transit stations/stops which would
reduce the need for daily trips and financially support the expanded
transit system." The Official Kona Land Use Map (Figure 4-7)
identifies the Kona Urban Area, Rural Town TOD's, and — if within
the Kona Urban Area —the applicable TOD (i.e., Traditional
Neighborhood Development or Regional Center).
27
The subject parcel is situated within the Kona Urban Area, with a
TOD designation. The project, with its mixture of residential and
commercial components, plus an area for a bus transfer stop,
implements this concept.
For developments requiring rezoning, a TOD or Traditional
Neighborhood Development ("TND") would be appropriate for
areas greater than 20 acres. As this parcel is less than 20 acres, it
would not qualify as a TND. Nevertheless, its rezoning would be
subject to certain review guidelines. These guidelines and the
project's relationship follow.
a. Consistency with General Plan LUPAG map. The subject
property is Medium Density Urban. As such, the proposed
commercial and residential projects would be consistent with the
LUPAG map.
b. Infill. While this project would represent an in-fill within the Kona
Urban Area, it would be more in the "bulls eye" of the TND.
c. Greenfields Rezoning. This is not applicable, as its action does
not trigger the HRS Chapter 343 Environmental Review
process.
Another major component of the CDP is the concept of
infrastructure concurrency. This concept is embodied principally in
Figure 4-3 — Official Concurrency Map of the CDP. In that regard,
the project's construction of a new mauka/makai road connecting
Kuakini Highway with Queen Ka'ahumanu Highway implements
this concept.
C. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
Notwithstanding the modified conceptual change in the project — i.e.,
from a standalone neighborhood commercial center to one now
incorporating a 100 unit multiple-family residential complex, the
general reasons for the Planning Department's favorable
recommendation would apply here. (Exhibit G)
However, relative to time extension requests, Section 25-2-46 of the
Zoning Code outlines the "Concurrency Requirements." Specifically, it
requires that traffic, potable water, and civil defense siren concerns be
addressed.
28
Relative to traffic, as noted earlier, the Concurrency provision requires
a TIAR if more than 50 AM/PM peak hour trips are projected to be
generated by a project. The TIAR and its conclusions were covered in
the discussion above.
On the matter of water, it is the applicant's understanding that the
subject area (which includes the subject site) is entitled to 510 water
units. At least 100 will be required for the 100 multiple family
residential component. As for the commercial area, a water usage
calculation study will be provided to the DWS to ascertain the amount
required. Such a study should help determine the realistic amount of
water units required for this project
Based on this study, the applicant will adjust, if necessary, the number
of units and/or commercial space for this project site. A rezoning
condition to that effect could also be added to that effect.
Finally in the area of civil defense sirens, there is a siren within earshot
of the subject site.
It is thus maintained that the reasons used to support the existing rezoning
also apply to the requested time extension.
29
EXHIBIT A
Ordinance No. 05 115
f:-.:-.-.., 4\
COUNTY OF HAWAII =if- 1: STATE OF HAWAII
BILL NO. 32
Draft 3
ORDINANCE NO. 05 11.5
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CI IANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES
A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA`AIKI 1ST AND
PLIAPUA`ANUI Isl. NORTII KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:1.
BE IT ORDAINED BY TILE COUNCIL OF THE COUNTY OF' I EAWAI`I:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code. is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Puapua`aiki 1'1
and
Puapua'anui 1', North Kona, Iiawai`i shall be Neighborhood Commercial (CN-20):
Beginning at the Northwesterly corner of this parcel of land, being also along Lot I, same
being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to
Kamaikui, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO", being 792.90 North and 3,701.58 East and running by
azimuths measured clockwise from True South:
1.252° 15' 50" 25.39 feet along the middle of an ancient
stonewall, being also along Lot I, same
being also along Royal Patent 1669, Land
Commission Award 8516-B. Apana 3 to
Kamaikui;
2.247° 49' 30" 51.21 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui:
3.257° 53' 30" 70.98 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
1-
Thence, along Lot 5 of Pualani Makai, being also along the remainder of Royal
Patent 6716, Land Commission Award
4887, Apana 2 to Thomas Sams on a curve
to the left with a radius of 1669.00 feet, the
chord azimuth and distance being:
35. 111° 23' 00" 747.57 feet;
36.98° 26' 30" 37.85 feet along Lot 5 of Pualani Makai,being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
37. 185° 25' 00" 181.16 feet along Lot 5 of Pualani Makai,being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams to the point of
beginning and containing an area of 14.973
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, Iiawai`i County Code, 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, its successors or assigns shall be responsible for complying with all
stated conditions of approval.
6-
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department
of Water Supply within ninety days from the effective date of this ordinance. The
applicant shall finalize the allocation of water commitments sufficient to allow the
proposed development prior to Final Plan Approval.
C. Construction of the proposed development shall he completed within five (5)
years from the effective date this ordinance. 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 all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements).
D. No single commercial business may contain more than 45,000 square feet in gross
floor area.
F. If Department of Transportation requires an amended Traffic Impact Analysis
Report (TIAR), it shall he submitted to the Department of Transportation for
review and approved prior to the issuance of Final Plan Approval. All accesses,
including roadway and/or intersection improvements, shall meet with the approval
of the Department of Transportation.
F. The applicant, successors, or assigns shall improve the intersection at the
principal access on the I-Iawaii Belt Road at the north end of T.M.K. No. 7-5-17:1,
at the Pualani Estates Subdivision Road, including, but not limited to, a
7-
deceleration and exclusive left-turn lane into T.M. K. No 7-5-17: 1. Intersection
improvements shall be as required by the Department of Transportation. The
applicant shall pay for the cost of upgrading the traffic signal lights at the
intersection of the Hawaii Belt Road and the Pualani Estates Subdivision Road to
accommodate 4-way traffic. Said improvements, plus the main spine road
through the Pualani Estates Subdivision to Hualalai Road, shall he completed
prior to the issuance of a certificate of occupancy for non-residential structures or
final inspection of any residential structures.
G. The applicant, successors, or assigns shall construct a right-turn deceleration lane
and a right-turn acceleration lane at the secondary entrance located south of the
main intersection meeting with the approval of the State Department of
Transportation, and any other improvements that may be required by the DOT. if
DOT opposes the use of the second access to the commercial development, all
access shall he from the northern access point. Otherwise, the southern access
shall he limited to right-in, right-out movements only. Said improvements shall
be completed prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of'any residential structures.
H. The applicant, successors, or assigns shall be subject to the "Declaration Re Road
Construction" recorded with the State of Hawai'i Bureau of Conveyances on June
18, 2004 (Doc No. 2004 123556) and shall improve "Easement 1" to County
dedicable standards with curbs, gutter and sidewalk improvements meeting with
the approval of the Department of Public Works, prior to the issuance of any
certificates of occupancy for non-residential structures or prior to any final
inspections for residential structures, from Kuakini Highway to Lot 1, SUB 7814
the frontage road lot). The applicant, successors or assigns shall also complete
the road connection from Easement"1" to the main project intersection, including
bridging the floodway, to County dedicable standards, and from Easement"1" to
the southerly project access. to County dedicable standards, prior to the issuance
of a certificate of occupancy for non-residential structures or final inspection for
any residential structures.
8-
1.Access to Kuakini I lighway, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works. An exclusive
left turn lane and a right turn deceleration lane shall be provided on Kuakini
Highway at the Easement 1 access road approach. The access shall align with the
opposing entry to Kahakai Estates Subdivision. Requirement improvements may
include, but not be limited to, pavement and shoulder widening, pedestrian
activated cross walk lights, drainage improvements and relocation of utilities. A
system of drywells shall be installed to address existing local drainage on the
mauka side of Kuakini highway flowing to the proposed access approach. Said
improvements shall be completed prior to the issuance of a certificate of
occupancy for non-residential structures or final inspection of any residential
structures on the subject site.
J.The applicant, successors, or assigns shall provide an casement to the property to
the north (TMK: 7-5-17:2)to permit that property to access the main project
intersection. The easement shall have a minimum width of 60-feet, and be in a
location meeting with the approval of the Department of Public Works. The
designation of this easement and its terms shall be established prior to the
issuance of a certificate of occupancy for non-residential structures or final
inspection of any residential structures.
K. The main spine mauka/makai road within the proposed development shall be
improved to County dedicable standards with curbs, gutter and sidewalk
improvements and if accepted by the County, a bike path, prior to issuance of a
certificate of occupancy. The applicant shall provide necessary easements for
road and drainage improvements in favor of T.M. K. No. 7-5-17: 19 so that the
property can be developed independently of T.M. K. No. 7-5-17: 1. The
applicant, its successors, or assigns shall convey its interest in the easement and
all improvements therein to the County upon their completion.
L. Install streetlights, signs and markings meeting with the approval of the
9-
Department of Public Works.
M. A drainage study shall be prepared and submitted for the review and approval of
the Department of Public Works prior to the issuance of Final Plan Approval. If
deemed necessary by the Department of Public Works, the appropriate Federal
Emergency Management Agency(FEMA) clearances and/or approvals shall be
secured prior to issuance of any land disturbance permit affecting the area covered
by the work within the"AE" zone or the corrected effective base flood plain. The
applicant shall construct all necessary drainage improvements including the flood
channel prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
N. The proposed flood channel shall be maintained in private ownership and a
maintenance program for the channel shall be submitted to the Department of
Public Works for their review and approval.
0. No residential or commercial structures shall be constructed within areas
designated "AE" or'`shaded" Zone"X"by Flood Insurance Rate Maps(FIRM) as
amended by any applicable LOMR. Restrictive covenants in the deeds of all
single family residential lots shall give notice of the terms of this rezoning
condition. No single-family residential lots may be created which lack a
buildable area. 'This restriction may be removed by amendment of this ordinance
by the County Council. If appropriate, a copy of the proposed covenant(s)to be
recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
P. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control(UIC)permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
10-
Q. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
R. The applicant shall perform an engineering study to determine if the sewer line
has adequate capacity to handle the proposed flows, and shall upgrade the sewer
line if necessary. Sewer lines shall be installed within the development to connect
with the County's sewer system, meeting with the approval of the Department of
Environmental Management, and prior to the issuance of a Certificate of
Occupancy.
S. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
T. A Data Recovery Plan and an Archaeological Preservation and Burial Treatment
Plan shall be submitted for the review and approval of the Planning Director, in
consultation with the Department of Land and Natural Resources — State Historic
Preservation Division (DI,NR-SHPD). Proposed mitigation treatment for the
burial sites within the subject property shall be approved by the SHPD's Flawai'i
Island Burial Council before detailed mitigation plans are finalized for these sites.
A copy of the approved Final Archaeological Preservation and Burial Treatment
Plan shall be submitted to the Planning Director for its files prior to submitting
plans for Final Nan Approval review or prior to the issuance of any land
alteration permits, whichever occurs first.
U. Should any remains of historic sites, such as rock walls, terraces,platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resource—
State Historic Preservation Division (DLNR-SHI'D) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
D1.NR-SHPD when it finds that sufficient mitigation measures have been taken.
11-
V. As represented by the applicant, within ninety (90) days after the effective date of
this ordinance, the applicant shall solicit the input of the State Department of
Education (DOE), community, and County Council to determine which
government agency or entity, such as a DOE-certified "public charter" school,
would be the recipient of this school site. The school site and any improvements
thereon shall be conveyed via lease to the identified recipient for$1.00 for the
duration of the lease, with the understanding that said entity or agency would he
able to secure additional funds as may be necessary to have a school opened prior
to or in conjunction with the issuance of a residential occupancy permit on the
subject property. Further, should the school use be terminated for any reason, the
land and improvements thereon shall he conveyed in fee to the County of Hawaii
at no cost within thirty (30) days of the date of termination.
Within sixty (60) days of the identification of the receiving agency or entity, a
draft of an agreement reflecting the terms outlined in this ordinance, shall be
submitted to the County Council for its review and approval.
As further represented by the applicant,the applicant, successors, or assigns shall,
1) prior to the issuance of a building permit for any residential or commercial
structures on the subject site, a) subdivide and dedicate or cause the dedication of
5 acres of land within the T.M.K. 7-5-17: 19 and/or T.M.K. 7-5-17: 23 for a
school site to the State DOE or a DOE-certified "public charter"; and b) provide
the necessary infrastructure to the site, including vehicular access and utility
systems; and 2) prior to the issuance of a Certificate of Occupancy for any
residential structures on the subject site, make the necessary on-site land
improvements thr the school and associated playground area, as well as construct
or cause the construction of up to $600,000 of building or structural
improvements as may be mutually agreed to between the applicant and the
receiving agency or entity. These improvements are designed to facilitate the
opening of a school prior to the occupancy of any residential structures on the
subject property.
12-
w. If the applicant, successors, or assigns develop residential units on the subject
property, 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 prior to receipt of Final PIan Approval. The fair
share contribution for each lot shall be based on the actual number of residential
units developed. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of$6,206.06 per multiple family residential unit ($9,671.44 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. $3,061.27 per multiple family residential unit ($4,663.74 per single family
residential unit)to the County to support park and recreational improvements
and facilities;
2. $96.75 per multiple family residential unit($224.98 per single family
residential unit) to the County to support police facilities;
3. $297.62 per multiple family residential unit ($444.36 per single family
residential unit) to the County to support fire facilities;
4. $132.65 per multiple family residential unit ($194.55 per single family
residential unit) to the County to support solid waste facilities; and
13-
5. $2,617.77 per multiple family residential unit ($4,143.81 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by
the proposed development, subject to the review and recommendation of the
Planning Director. upon consultation with the appropriate agencies and
approval of the County Council. Improvements to the drainage as it crosses
under Kuakini l lighway, the road improvements at the Kuakini Highway
intersection, and the mauka/makai spine road up to the entrance of the
proposed rental housing project shall be credited against the road fair share.
Relative to the requirements for the school as outlined in Condition U, the
value of land — which shall be based on the per acre purchase cost of the
applicant -, the cost of the infrastructure (road and utility) to the subject site,
and the cost of site preparation for the school and playground area shall be
credited against the park and recreation fair share. The construction of any
structures on the subject site shall be credited against the balance, if any, of
the park and recreation fair share of this ordinance and/or any future park and
recreation fair share requirement for'!'.M.K. 7-5-17: 23 and 26.
X. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
Y. The project shall include housing. At least 50 residential units shall be under
actual construction, with completion assured by security approved by the
Planning Director, before the issuance of a certificate of occupancy for any
commercial structures. An additional 50 units shall be constructed if all the
commercial uses exceed 60.000 square feet of gross floor arca. The additional
14-
units shall be under actual construction, with completion assured by security
approved by the Planning Director, before the issuance of a certificate of
occupancy for commercial structures exceeding a cumulative total of 60,000
square feet of gross floor area on the project site.
Z. 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, Ilawai'i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to final ,
subdivision approval or final plan approval, whichever occurs first. The housing
requirement shall be met by the provision of affordable housing onsite, and not by
use of any affordable housing credits generated offsite or by any in-lieu fees.
AA. The applicant shall comply with all applicable County, State and Federal laws.
rules, regulations and requirements.
BB. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning ('ode.
3. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year
may be extended for up to one additional year).
15-
5. If the applicant should require an additional extension of time,the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
CC. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
PkOP I!
COUNCIL -MBER, Y OF AWAPI
C7C•
COUNCIL MEM#
1,
COUNTY OF HA AI'I
Hilo I lawai'i
Date of Introduction: July 7 , 2005
Date of 1st Reading: July 7 , 2005
Date of 2nd Reading: July 22, 2 00 5
Effective Date_ August 5 , 2005
Comm. 107.3
16-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO NEIGHBORHOOD COMMERCIAL (CN-20)
AT PUAPUA'AIKI 1st AND PUAPUA-ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:001 Date: September 24, 2004
EXHIBIT "A" Puaa Development, LLC:1146
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
l
Introduced By: Pete Hoffmann/x. Angel Pilago ROLL CALL VOTE
Date Introduced: July 7, 2005 AYES NOES ABS EX
First Reading: July 7, 2005 Arakaki X
Published: July 17, 2005 Higa X
Hoffmann X
REMARKS' Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
Second Reading: July 22, 2005
To Mayor: July 25, 2005 ! ROLL CALL VOTE
Returned: August 5 2005 AYES NOES ABS EX
Effective: August 5 , 2005 Arakaki X
Published: August 11, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
I DO HEREBY CERTIFY that the.foregoing BILL was adopted by the county Council published as
indicated above.
APPROVED AS TO
FORM AND LEGMJTY:
COU CIL CHAIRMAN
OP0 CORPORATION COUNSEL
COUNTY OF HAWAII L, . .C_t, 1%.
is COUNTY CLERK
Date
Bill No.:
32 (Draft 3)
Reference:
ReC-107 .3/PC-27
ppruve Disapproved this S day
Os 115
KNl'20 0 S _
Ord No.: d
AYC)R, U TY OF HA WAI'1
EXHIBIT B
Ordinance No. 05 113
COUNTY OF HAWAII 1'• STATE OF HAWAII
BILL NO. 30
Draft 3
ORDINANCE NO. 05 113
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES
A-5a) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AT PUAPUA`AIKI ls' AND
PUAPUA`ANUI Is], NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY 7-5-17:19.
BE IT ORDAINED BY THE CO[JNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Puapua'aiki 1'` and
Puapua'anui 1'`, North Kona, Hawaii shall be Multiple Family Residential (RM-2.5):
Beginning at the Northwesterly corner of this parcel of land, being also along the Easterly
side of Kuakini Highway (F.A.S.P. No. S-229(1)), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAHELO", being
578.53 North and 2.877.36 East and running by azimuths measured clockwise from True
South:
I.251° 54' 00" 134.10 feet along Lot 2, being also along Royal
Patent 1669. Land Commission Award
8516-B. Apana 3 to Kamaikui:
2.252° 05' 06" 43.12 feet along Lot 2, being also along Royal
Patent 1669, Land Commission Award
8516-B, Apana 3 to Kamaikui;
3.249° 53' 15" 23.07 feet along Lot 2. being also along Royal
Patent 1669, Land Commission Award
8516-B, Apana 3 to Kamaikui;
4.260° 35' 20" 31.24 feet along Lot 2, being also along Royal
Patent 1669, Land Commission Award
8516-B, Apana 3 to Kamaikui:
1-
40. 166° 37' 32" 69.87 feet;
Thence, along the Easterly side of Kuakini Highway (F.A.S.P. No. S-229(1)) on a
curve to the left with a radius of 1677.02
feet, the chord azimuth and distance being:
41. 165° 01' 28" 41.01 feet to the point of beginning and containing
an area of 14.872 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, I Iawai'i County Code,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, its successors or assigns shall be responsible for complying
with all stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water
Supply, the applicant shall submit the anticipated maximum daily water
usage calculations as recommended by a registered engineer, and a water
commitment deposit in accordance with the "Water Commitment
Guidelines Policy" to the Department of Water Supply within ninety days
from the effective date of this ordinance. The applicant shall finalize the
allocation of water commitments sufficient to allow the proposed
development prior to Final Plan Approval.
7-
C. Construction of the proposed development shall be completed within five
5) years from the effective date this ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval fi)r the
proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans
shall identify all existing and/or proposed structures, paved driveway
access and parking stalls associated with the proposed development.
Landscaping shall also he indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
Landscaping Requirements).
D. As represented by the applicant, the project shall be restricted to the use of
rental housing only for a period of not less than 20 years from the issuance
of a certificate of occupancy. Any change to this condition will require an
amendment to the change of zone ordinance.
E. If Department of Transportation requires an amended Traffic Impact
Analysis Report (TIAR), it shall be submitted to the Department of
Transportation for review and approved prior to the issuance of Final Plan
Approval. All accesses, including roadway and/or intersection
improvements, shall meet with the approval of the Department of
Transportation.
F.The applicant, successors, or assigns shall improve the intersection at the
principal access on the Hawai'i Belt Road at the north end of T.M.K. No.
7-5-17:1, at the Pualani Estates Subdivision Road, including, but not
limited to, a deceleration and exclusive left-turn lane into T.M.K. No 7-5-
17: 1. Intersection improvements shall be as required by the Department
of Transportation. The applicant shall pay for the cost of upgrading the
traffic signal lights at the intersection of the Hawai`i Belt Road and the
8-
Pualani Estates Subdivision Road to accommodate 4-way traffic. Said
improvements, plus the main spine road through the Pualani Estates
Subdivision to Hualalai Road, shall be completed prior to the issuance of a
certificate of occupancy for any residential structures on the subject site.
G. The applicant, successors, or assigns shall construct a right-turn
deceleration lane and a right-turn acceleration lane at the secondary
entrance located south of the main intersection meeting with the approval
of the State Department of Transportation, and any other improvements
that may be required by the DOT. If DOT opposes the use of the second
access to the commercial development, all access shall be from the
northern access point. Otherwise, the southern access shall be limited to
right-in, right-out movements only. Said improvements shall be
completed prior to the issuance of a certificate of occupancy for non-
residential structures or final inspection of any residential structures.
H. The applicant, successors, or assigns shall be subject to the "Declaration
Re Road Construction" recorded with the State of Hawaii Bureau of
Conveyances on June 18, 2004 (Doc No. 2004 123556) and shall improve
Easement 1" to County dedicable standards with curbs, gutter and
sidewalk improvements meeting with the approval of the Department of
Public Works, prior to the issuance of any certificates of occupancy for
non-residential structures or prior to any final inspections for residential
structures. from Kuakini Highway to Lot 1, SUB 7814 (the frontage road
lot). The applicant, successors or assigns shall also complete the road
connection from Easement "1" to the main project intersection, including
bridging the floodway, to County dedicable standards, and from Easement
1" to the southerly project access, to County dedicable standards. prior to
the issuance of a certificate of occupancy for non-residential structures or
final inspection for any residential structures.
9-
Access to Kuakini Highway, including the provision of adequate sight
distances, shall meet with the approval of the Department of Public
Works. An exclusive left turn lane and a right turn deceleration lane shall
be provided on Kuakini Highway at the Easement 1 access road approach.
The access shall align with the opposing entry to Kahakai Estates
Subdivision. Requirement improvements may include, but not be limited
to. pavement and shoulder widening, pedestrian activated cross walk
lights, drainage improvements and relocation of utilities. A system of
drywells shall be installed to address existing local drainage on the mauka
side of Kuakini highway flowing to the proposed access approach. Said
improvements shall he completed prior to the issuance of a certificate of
occupancy for any residential structures on the subject site.
J.The main spine mauka/makai road within the proposed development shall
be improved to County dedicable standards with curbs, gutter and
sidewalk improvements and if accepted by the County, a bike path, prior
to issuance of a certificate of occupancy. The applicant shall provide
necessary easements for road and drainage improvements in favor of
T.M.K. No. 7-5-17: l so that the property can he developed independently
of T.M.K. No. 7-5-17: 19. The applicant, its successors, or assigns shall
convey its interest in the easement and all improvements therein to the
County upon their completion.
K. Install streetlights, signs and markings meeting with the approval of the
Department of Public Works.
L.A drainage study shall be prepared and submitted for the review and
approval of the Department of Public Works prior to the issuance of Final
Plan Approval. If deemed necessary by the Department of Public Works,
the appropriate Federal Emergency Management Agency (FEMA)
clearances and/or approvals shall be secured prior to issuance of any land
IO-
disturbance permit affecting the area covered by the work within the "AE"
zone or the corrected effective base flood plain. The applicant shall
construct all necessary drainage improvements including the flood channel
prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
M. The proposed flood channel shall be maintained in private ownership and
a maintenance program for the channel shall be submitted to the
Department of Public Works for their review and approval.
N. No residential structures shall be constructed within areas designated
AE" or "shaded" Zone "X" by Flood Insurance Rate Maps (FIRM) as
amended by any applicable I,OMR. Restrictive covenants in the deeds of
all single family residential lots shall give notice of the terms of this
rezoning condition. No single-family residential lots may be created
which lack a buildable area. This restriction may be removed by
amendment of this ordinance by the County Council. If appropriate, a
copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of
the recorded document shall be filed with the Planning Department upon
its receipt from the Bureau of Conveyances.
O. A National Pollutant Discharge Elimination System (NPDES)permit and
an Underground Injection Control (UIC) permit, if required, shall be
secured from the State Department of T-Iealth before the commencement of
construction activities.
11-
P.All development-generated runoff shall be disposed of on site and shall
not be directed toward any adjacent properties.
Q. The applicant shall perform an engineering study to determine if the sewer
line has adequate capacity to handle the proposed flows. If the offsite
sewer line does not have adequate capacity, the applicant shall be
responsible for necessary improvements. Sewer lines shall be installed
within the development to connect with the County's sewer system,
meeting with the approval of the Department of Environmental
Management, and prior to the issuance of a Certificate of Occupancy.
R. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance
of a Certificate of Occupancy.
S.A Data Recovery Plan and/or an Archaeological Preservation and Burial
Treatment Plan, if required. shall be submitted for the review and approval
of the Planning Director, in consultation with the Department of Land and
Natural Resources —State I listoric Preservation Division (DI,NR-SHPD).
Proposed mitigation treatment far the burial sites within the subject
property shall be approved by the SHPI)'s Hawaii Island Burial Council
before detailed mitigation plans are finalized for these sites. A copy of the
approved Final Archaeological Preservation and Burial Treatment Plan
shall be submitted to the Planning Director for its files prior to submitting
plans for Final Plan Approval review or prior to the issuance of any land
alteration permits, whichever occurs first.
T. Should any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered,
work in the immediate area shall cease and the Department of Land and
12-
Natural Resource—State Historic Preservation Division (DLNR-SHPD)
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
U. As represented by the applicant, within ninety (90) days after the effective
date of this ordinance, the applicant shall solicit the input of the State
Department of Education (DOE), community, and County Council to
determine which government agency or entity, such as a DOE-certified
public charter" school. would he the recipient of this school site. The
school site and any improvements thereon shall be conveyed via lease to
the identified recipient for $1.00 for the duration of the lease, with the
understanding that said entity or agency would be able to secure additional
funds as may be necessary to have a school opened prior to or in
conjunction with the issuance of a residential occupancy permit on the
subject property. Further, should the school use be terminated for any
reason, the land and improvements thereon shall be conveyed in fee to the
County of Flawai`i at no cost within thirty (30) days of the date of
termination.
Within sixty (60) days of the identification of the receiving agency or
entity. a draft of an agreement reflecting the terms outlined in this
ordinance, shall be submitted to the County Council for its review and
approval.
As further represented by the applicant, the applicant, successors, or
assigns shall, 1) prior to the issuance of a building permit for any
residential or commercial structures on the subject site, a) subdivide and
dedicate or cause the dedication of 5 acres of land within the T.M.K. 7-5-
17: 19 and/or T.M.K. 7-5-17: 23 for a school site to the State DOE or a
DOE-certified "public charter"; and b) provide the necessary infrastructure
13-
to the site, including vehicular access and utility systems; and 2) prior to
the issuance of a Certificate of Occupancy for any residential structures on
the subject site, make the necessary on-site land improvements for the
school and associated playground area, as well as construct or cause the
construction of up to $600,000 of building or structural improvements as
may he mutually agreed to between the applicant and the receiving agency
or entity. These improvements are designed to facilitate the opening of a
school prior to the occupancy of any residential structures on the subject
property.
V. 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 be initially based on the representations contained
within the change of zone application and may be increased or reduced
proportionally if the unit counts are adjusted. The fair share contribution
shall become due and payable prior to receipt of Final Plan Approval or
within five years from the effective date of this change of'zone ordinance,
whichever occurs first. The fair share contribution for each unit shall be
based on the number of units developed. The fair share contribution in a
form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be
adjusted annually beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer
Price Index (HCPI). The fair share contribution shall have a maximum
combined value of$6,206.06 per multiple family residential unit
9,671.44 per single family residential unit). Based upon the applicant's
representation of intent to develop a total of 250 multiple family
residential units, the indicated total of fair share contribution is
1,551,515.00 for the multiple family residential units. However, the total
amount shall be increased or reduced in proportion with the actual number
14-
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 unit) shall be allocated as follows:
1.3,061.27 per multiple family residential unit($4,663.74 per single
family residential unit) to the County to support park and
recreational improvements and facilities for a total of$765,315.50;
2.96.75 per multiple family residential unit ($224.98 per single
family residential unit) to the County to support police facilities for
a total of$24,187.50;
3.297.62 per multiple family residential unit ($444.36 per single
family residential unit) to the County to support fire facilities for a
total of$74,405;
4.132.65 per multiple family residential unit ($194.55 per single
family residential unit)to the County to support solid waste
facilities for a total of$33,162.50; and
5.2,617.77 per multiple family residential unit ($4,143.81 per single
family residential unit) to the County to support road and traffic
improvements for a total of$654,442.50.
In lieu of paying the fair share contribution, the applicant may contribute
land and/or construct improvements/facilities related to parks and
recreation, lire, police_ solid waste disposal facilities and roads within the
region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the
appropriate agencies and approval of the County Council. Improvements
to the drainage as it crosses under Kuakini Highway, the road
15-
improvements at the Kuakini Highway intersection, and the mauka/makai
spine road up to the entrance of the proposed rental housing project shall
he credited against the road fair share.
Relative to the requirements for the school as outlined in Condition U, the
value of land — which shall be based on the per acre purchase cost of the
applicant -, the cost of the infrastructure (road and utility)to the subject
site, and the cost of site preparation for the school and playground area
shall be credited against the park and recreation fair share. The
construction of any structures on the subject site shall be credited against
the balance, if any, of the park and recreation fair share of this ordinance
and/or any future park and recreation fair share requirement for T.M.K. 7-
5-17: 23 and 26.
W. Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for imposition of exaction or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of
the Unified Impact Fees Ordinance.
X. To ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented, the applicant shall comply with the
requirements of Chapter 11, Article 1, Hawaii County Code relating to
Affordable Housing Policy. The affordable housing plan shall be
approved by the County Housing Agency prior to final subdivision
approval or final plan approval, whichever occurs first. The housing
requirement shall be met by the provision of affordable housing onsite,
and not by use of any affordable housing credits generated offsite or by
any in-lieu fees. Further, as represented by the applicant, a minimum 01
twenty (20) percent of the units will be rented at the 80% or less than
median income level and the remaining at the 120% or less than median
income level. Affordable housing credits in excess of the basic
requirement outlined in Chapter 11, Article 1, Hawaii County Code, shall
16-
be credited to the applicant, its successors or assigns.
Y. The applicant shall comply with all applicable County, State and Federal
laws. rules, regulations and requirements.
Z. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following
circumstances:
1.The non-performance is the result of conditions that could not have
been foreseen or are beyond the control of the applicant,
successors or assigns, and that are not the result of their fault or
negligence.
2.Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3.Granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone.
4.The time extension shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be
performed within one year may be extended for up to one
additional year).
5.If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action.
17-17-
AA. Should any of the conditions not be met or substantially complied with in
a timely fashion, the Planning Director may initiate rezoning of the area to
its original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
vi_
cTO,t,‘S
COITI\TCH71-XMBER, I`I
COUNCIL ME,R, COUNTY OF HAWAII
F4ilo Hawai`i
Date of Introduction: July 7 , 2005
Date of lst Reading: July 7 , 2005
Date of 2nd Reading: July 22, 2005
Effective Date: August 5, 2005
KZFERENC . Comm. 106.71
18-
1
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I
RS-7.5 •'"
RM-5 ,.
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Ala
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69=115
i A-5a
t ..........." .A-5a
A-5a AGRICULTURAL(A-5 )
1 TO MULTIPLE-FAMILY RESIDENTIAL(RM-2.5)
Queen Kaahumanu Hwy.
I
r-------------
77"-\
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i A-5a Kuakini Hwy./ A-5a
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890 445 0 890 1,780 2,670 3,560 4 4 reel
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5)
AT PUAPUA'AIK1 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017.019 Date:September 29,2004
EXHIBIT "A" SUFFOLK INV., LLC:1152:
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Introduced By: Pete Hoffmann/K. Angel Pilago ROLL CALL VOTE
Date Introduced: Ju 1 y 7, 2005 AYES :.NOES ABS EX
First Reading: July 7, 2005 Arakaki X
Published: July 17, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0
Second Reading: July 22, 2005
10 Mayor: July 25, 2005
ROLL CALL VOTE
Returned: August 5 , 2005 AYES NOES ABS EX
Effective: August 5, 2005 _ Arakaki X
Published: August 11, 2005 Higa X
Hoffmann X
REMARKS:
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO i
FORM AND LEpALITY: i
COL CIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF H,AWAI'l
COUNTY CLERK---
Date
Bill No.:
30 (Draft 3)
Reference: C-106.71/PC-25CtpproveDisapprovedthisday
70 0 S Ord No.: 05 113
AYUP, C YOFHAWAI`I
EXHIBIT C
Time Extension Approval Letter
September 6, 2011
William P. Kenoi o•* os •
BJ Leithead Todd
Mayor bVL Director
Margaret K.Masunaga
Deputy
fr,of.%4 $ •
County of Hawaii
PLANNING DEPARTMENT,
September 6, 2011
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
p Phone(808)961-8288 • Fax(808)961-8742
Sidney M. Fuke
Planning Consultant
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Change of Zone Ordinance No. 05 113 (Suffolk Investment, LLC)
Change of Zone Ordinance No. 05 115 (Puaa Development, LLC)
Subject: Administrative Time Extension
Tax Map Key: 7-5-017: 001 and 019
Thank you for your letter dated August 15, 2011 requesting an administrative time extension to
comply with Condition C (complete construction within 5 years) of Change of Zone Ordinance
Nos. 05 113 and 05 115. Condition Z of Ordinance No. 05 113 and Condition BB of Ordinance
No. 05 115 allow for an administrative time extension for a period not to exceed the period
originally granted. Based on the reasons stated in your letter, we will grant a 5-year time
extension until August 5,2015 to comply with Condition C of the subject ordinances.
Please be informed that should you need an additional extension of time to comply with Condition
C of the subject ordinances, the request and reasons, along with 20 copies of that request shall be
forwarded to the Planning Commission with a $250 filing fee. A public hearing will be held by
the Planning Commission, who will forward their recommendation to the County Council.
The Kona Community Development Plan (CDP), which was adopted by the County Council in
2008, identifies the subject properties as part of the Puaa-Wai`aha Village Neighborhood Transit-
Oriented Development (TOD). The Plan sets out various recommendations and requirements for
developing properties within a TOD. Please contact our Design Center staff at 323-4776 for
assistance in interpreting and implementing the CDP's goals as you develop your project plans.
If you have any questions,please feel free to contact Maija Cottle at (808) 961-8159.
Sincerely,
BJ LEITHEAD TODD
Planning Director
MJC:smn
P:\wpwin 60\Maija\Letters\TER\LFuke-AdminTER-REZ04-024&04-25.doc
cc w/letter: Planning Department—Kona Office
Hawai•i County is an Equal Opportunity Provider and Employer
SidtieyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 Planning•Variance-Zoning
Telephone:(808)969-1522•Cell:(808)989-0640 Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net Environmental Reports
August 15, 2011
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject:Zoning Time Extension—Suffolk Investment, LLC
Ord. 05 113) and Puaa Development, LLC (Ord. 05-
115), TMK: 7-5-17: 1 and 19
Condition C of Ordinance No. 05 113 and Ordinance No. 05 115 required
completion of the respective projects within five (5) years of the effective date of those
ordinances. The ordinances became effective on August 5, 2005. As such, the
completion requirement was about a year ago, August 5, 2010.
Unfortunately, a number of factors have affected the start of these projects. One
relates to the dismal global economic conditions that have affected the respective
applicants' ability to secure the required financing for their projects. Furthermore, the
market for their projects (commercial and residential)has not been strong enough to
warrant construction.
Notwithstanding market conditions, the applicants have been working together to
address common infrastructural issues, particularly drainage and road access. Although
not aggressively because of the poor market conditions, these discussions are on-going.
Based on the above and pursuant to condition Z of Ordinance No. 05 113 and
Condition BB or Ordinance No. 05 115, the applicants respectfully request an additional
five (5) years, retroactive to August 5, 2010,to complete their respective projects.
Should you have questions on this matter, please feel free to contact me.
Thank you very much.
incerely,
SIDNEY M. FUKE
Planning Consultant
Copy—Puaa Development, LLC via email
Suffolk Development, LLC via email
EXHIBIT D
Traffic Impact Analysis Report
For The Proposed
PUALANI MAKAI
Kailua-Kona, Hawai'i Island
TMK: (3) 7-5-17: 1 and 19
The Traffic Management Consultant
October 3, 2019
TRAFFIC IMPACT ANALYSIS REPORT
FOR THE PROPOSED
PUALANI MAKAI
KAILUA-KONA, HAWAII ISLAND
TAX MAP KEY: (3) 7-5-17: 1 &19 y`
PREPARED FOR
PUAA DEVELOPMENT, LLC
AND SUFFOLK INVESTMENT, LLC
OCTOBER 3, 2019
klIIN4) PREPARED BY
imiTMC
THE TRAFFIC MANAGEMENT CONSULTANT
TRAFFIC IMPACT ANALYSIS REPORT
FOR THE PROPOSED
PUALANI MAKAI
KAILUA-KONA, HAWAII ISLAND
TAX MAP KEY: (3) 7-5-17: 1 & 19
Introduction
A. Project Description
Pualani Makai is a planned mixed-use development in Kailua-Kona, Hawaii Island. The
property is identified as Tax Map Key: (3)7-5-17: 1 & 19.The project site is located between
Kuakini Highway to the west(makai)and Queen Kaahumanu Highway to the east(mauka),
opposite the Pualani Estates. Figure 1 depicts the project location and vicinity map.
Site access is proposed at the existing signalized intersection of Queen Kaahumanu
Highway and Puapuaanui Street. Access also is proposed via a new mauka-makai roadway
between Queen Kaahumanu Highway and Kuakini Highway, hereinafter referred to as the
Spine Road. The Spine Road will intersect Queen Kaahumanu Highway at a right-turn-
in/right-turn-out only intersection, which will be located about 1,100 feet south of the
Puapuaanui Street intersection. The Spine Road will be stop-controlled at its four-legged
intersection with Kuakini Highway, opposite Nakukui Drive. The site plan will consist of
a network of interconnecting roadways and pedestrian paths to facilitate the internal site
circulation among the various components of the development plan.The proposed site plan
is depicted on Figure 2.
Pualani Makai will consist of a total of 386 one-,two-,and three-bedroom multi-family
dwelling units (DU), neighborhood commercial retail/office space, totaling approximately
72,600 square feet of gross floor area(SFGFA),a car wash,a convenience store/gas station,
and 'a public bus transfer station. Pualani Makai is expected to be fully built out and
occupied by the Year 2024. Table 1 summarizes the Pualani Makai development plan.
Table 1. Pualani Makai Development Plan
Multi-Family Housing 386 DU
Grocery Store 30,000 SFGFA
Retail-Office Space 27,600 SFGFA
Drugstore 15,000 SFGFA
Convenience Store/Gas Station 12 Fueling Positions/2,000 SFGFA
Car Wash 1 car wash tunnel
Bus Transfer Station 10 Parking Stalls
Pualani Makai
STOP
Traffic Impact Analysis Report September 18, 2019
p'. Study
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Project
Site
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Figure 1. Location and Vicinity Map
2
September 18,2019
k. Pualani Makai
Traffic Impact Ana iys,s Reportcti?
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11..............--..
Fualani Makai-A Master Planned Community
Figure 2. Site Plan
3
Pualani Makai
TMC
Traffic Impact Analysis Report September 18, 2019
B. Purpose and Scope of the Study
The purpose of this study is to analyze the traffic impacts resulting from the
development of the proposed Pualani Makai mixed-use project. This Traffic Impact
Analysis Report (TIAR) is prepared in accordance with the Hawaii County Code Chapter
25,Section 25-2-46"Concurrency Requirements". The scope of the TZAR for the proposed
project includes the following:
1. A description of the Pualani Makai mixed-use development.
2. An evaluation of existing roadways and traffic conditions.
3. The analysis of the future traffic conditions without the proposed project.
4. The development of the trip generation characteristics of the proposed project.
5. The assignment of the site-generated trips onto the roadway network.
6. The identification and analysis of the traffic impacts resulting from the development of
the proposed project within 5-year, 10-year, and 20-year time frames of this TIAR.
7. The recommendation of roadway improvements, which would mitigate the traffic
impacts identified in this study.
C. Methodologies
1. Capacity Analysis
The highway capacity analysis, performed in this study, is based upon procedures
presented in the Highway Capacity Manual, 6th Edition (HCM), published by the
Transportation Research Board. HCM defines the Level of Service (LOS) as "a
quantitative stratification of a performance measure or measures representing quality
of service." HCM defines the six(6) Levels of Service from the traveler's perspective,
ranging from the best LOS "A" to the worst LOS "F". LOS translates the complex
mathematical results of the highway capacity analysis into an A through F grading
system for the purpose of simplifying the roadway performance for decision makers.
LOS's "A", "B", and "C" are generally considered to be satisfactory Levels of
Service. The Hawaii County Code "Concurrency Requirements" define LOS "D" as
the minimum acceptable Level of Service. LOS's "E" and "F" are considered to be
worse than acceptable Levels of Service.The intersection LOS is primarily based upon
average delay (d) in seconds per vehicle (sec/veh). The delays at unsignalized
intersections,which include stop-controlled intersections and roundabouts, are generally
shorter than signalized intersections, due to the drivers' expectation and acceptance of
longer delays at higher-volume signalized intersections. Table 2 summarizes the HCM
LOS criteria.
4
M
Pualani Makai
7r
Traffic Impact Analysis Report September 18, 2019
Table 2. Intersection Level of Service Criteria (HCM)
Signalized Unsignalized
LOS Control Control Description
Delay d (sec/veh)
A d_ 10 d<_10 Control delay is minimal.
B 10<d<_20 10<d<_15 Control delay is not significant.
C 20<d<_35 15<d<_25 Stable operation. Queuing begins to occur.
D 35<d<_55 25<d<_35 Less stable condition. Increase in delays,
decrease in travel speeds.
E 55<d<_80 35<d<_50 Unstable operation, significant delays.
F d>80 d>50 High delays, extensive queuing.
HCM utilizes a peak hour factor (PHF) to convert the peak 15-minute traffic
volume into an hourly volume. For the purpose of this study, the peak hour traffic
analysis is based directly upon the peak 15-minute traffic flows entering the study
intersections, which is multiplied by four (4) to convert the 15-minute peak volumes
into the peak hour volumes.
Synchro is a traffic analysis software that was developed by Trafficware. Synchro
is an intersection analysis program that is based upon the HCM 6th Edition
methodology. Synchro is used to calculate the Levels of Service for the intersections
in the study area. Worksheets for the capacity analysis, performed throughout this
report, are compiled in the Appendix.
2. Trip Generation
The trip generation methodology is based upon generally accepted techniques
developed by the Institute of Transportation Engineers (ITE) and published in Trip
Generation Manual,10th Edition. The ITE trip rates were developed by correlating the
total vehicle trip generation data with various land use activities/characteristics, such
as the vehicle trips per hour(vph) per dwelling unit(DU).
The Trip Generation Manual is based upon trip generation data that were collected
at single-use, isolated sites. A mixed-use development, such as the proposed Pualani
Makai, can provide the potential for interaction between complementary land uses,
such as trips between residential origins and shopping destinations, which do not use
the public roadway system. ITE defines these "internal capture trips" as the trips
generated by the various components of a mixed-used development that begin and end
entirely with the project site. The total external trip generation of a mixed-use
5
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Traffic Impact Analysis Report September 18, 2019
development, i.e., trips entering and exiting the site, may be less than the simple sum
of the trip generation from the individual components of the site. ITE recommends the
use of a procedure that was presented in the National Cooperative Highway Research
Program (NCHRP) Report 684 "Enhancing Internal Trip Capture Estimation for
Mixed-Use Development". The procedure was published by ITE in the Trip Generation
Handbook 3rd Edition, dated August 2014.
The Trip Generation Handbook also provides a procedure to estimate "pass-by"
trips, generated by a retail land use, i.e., traffic already on the roadway stopping at a
secondary" destination en route to its primary destination. The percentages of pass-
by trips were correlated with the gross floor areas of the retail land use activities,which
were collected from traffic studies and compiled by ITE. The pass-by trip rate is
applied to the trip generation, after adjusting for the internal trip capture, to arrive at
the external trip generation.
II. Existing Conditions
A. Roadways
Queen Kaahumanu Highway (Route 11), also known as the Hawaii Belt Road, is the
primary arterial highway along the west coast of Hawaii Island. Queen Kaahumanu
Highway is a two-way, two-lane highway, in the vicinity of the project site. The posted
speed limit on Queen Kaahumanu Highway in Kailua-Kona is 45 miles per hour (mph).
Exclusive left-turn lanes are provided on Queen Kaahumanu Highway at Hualalai Road
and at Puapuaanui Street. Right-turn acceleration/deceleration lanes also are provided on
Queen Kaahumanu Highway at Hualalai Road and at Puapuaanui Street.A median refuge
lane is provided on northbound Queen Kaahumanu Highway to facilitate the left-turn
movement from Hualalai Road. The intersection of Queen Kaahumanu Highway and
Puapuaanui Street provides a protected left-turn-only phase in the southbound direction.
South of the junction between Queen Kaahumanu Highway and Kuakini Highway, the
Hawaii Belt Road continues as Kuakini Highway to South Kona.
Kuakini Highway is a two-way,two-to four-lane major collector street in Kailua-Kona.
In the vicinity of the project site the posted speed on Kuakini Highway is 45 mph. Kuakini
Highway is stop-controlled at its channelized Tee-intersection with Queen Kaahumanu
Highway. Southbound Hawaii Belt Road provides right-turn acceleration and deceleration
lanes at the Queen Kaahumanu Highway and Kuakini Highway junction. Northbound
Hawaii Belt Road provides an exclusive left-turn lane to Kuakini Highway. A median
refuge lane is provided on northbound Queen Kaahumanu Highway to facilitate the left-
turn movement from Kuakini Highway.
Puapuaanui Street is a two-way, two-lane subdivision roadway, which provides access
to Pualani Estates. Puapuaanui Street provides separate left-turn and right-turn lanes at its
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Traffic Impact Analysis Report September 18, 2019
signalized Tee-intersection with Queen Kaahumanu Highway. Puapuaanui Street extends
in the mauka(east) direction to Hualalai Road.
Hualalai Road is a two-lane,two-way roadway between Mamalahoa Highway and Ali'i
Drive. Hualalai Road intersects Queen Kaahumanu Highway at two offset Tee-
intersections. The makai (west) leg of Hualalai Road intersects Queen Kaahumanu
Highway at a stop-controlled channelized intersection.
Nakukui Drive is a two-way, two-lane, gated roadway, which provides access to the
Kahakai Estates Subdivision. Nakukui Drive intersects Hualalai Road at a stop-controlled
Tee-intersection. An exclusive left-turn lane is provided on northbound Kuakini Highway
at Nakukui Drive.
B. Public Transit
The Hawaii County Mass Transit Agency operates a public bus service on Hawaii
Island Monday through Saturday. The Hele-On Bus routes in Kailua-Kona currently run
along Ali'i Drive. The Hele-On Bus does not currently provide transit service to the project
site.
C. Existing Peak Hour Traffic Volumes and Operating Conditions
1. Field Investigation and Data Collection
Turning movement traffic count surveys were conducted during the week of May
20, 2019 at the following intersections:
a. Queen Kaahumanu Highway and Hualalai Road (makai leg)
b. Queen Kaahumanu Highway and Puapuaanui Street
c. Queen Kaahumanu Highway and Kuakini Highway
d. Kuakini Highway and Nakukui Drive
The traffic signal timing and phasing at the intersection of Queen Kaahumanu
Highway and Puapuaanui Street were observed during the field investigation.
2. Existing AM Peak Hour Traffic
The existing AM peak hour of traffic in the study area occurred from 7:00 AM to
8:00 AM. Queen Kaahumanu Highway carried between 1,700 vehicles per hour(vph)
and 2,000 vph, total for both directions, during the existing AM peak hour of traffic.
South of its junction with Queen Kaahumanu, Kuakini Highway carried about 2,200
vph, total for both directions. At Nakukui Drive, Kuakini Highway carried about 700
vph, total for both directions. Puapuaanui Street carried about 400 vph at Queen
Kaahumanu Highway, while the makai leg of Hualalai Road carried about 260 vph.
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During the existing AM peak hour of traffic, the overall intersection of Queen
Kaahumanu Highway and Puapuaanui Street operated at LOS "B". The left-turn
movement from Queen Kaahumanu Highway onto Puapuaanui Street operated at LOS
E". The left-turn movement from Puapuaanui Street onto Queen Kaahumanu
Highway operated at LOS "D". The other traffic movements at the intersection
operated at satisfactory Levels of Service, i.e., LOS "C" or better, during the existing
AM peak hour of traffic.
The left-turn movement from the makai leg of Hualalai Road onto northbound
Queen Kaahumanu Highway operated at LOS "D", during the existing AM peak hour
of traffic. The other traffic movements at the intersection operated at satisfactory
Levels of Service.
The left-turn movement from Kuakini Highway onto northbound Queen
Kaahumanu Highway operated at LOS "E". The other traffic movements at the
intersection operated at satisfactory Levels of Service, during the existing AM peak
hour of traffic.
During the existing AM peak hour of traffic, the intersection of Kuakini Highway
and Nakukui Drive operated at satisfactory Levels of Service. Figure 3 depicts the
existing AM peak hour traffic volumes.
3. Existing PM Peak Hour Traffic
The existing PM peak hour of traffic in the study area occurred from 3:15 PM to
4:15 PM. During the existing PM peak hour of traffic, Queen Kaahumanu Highway
carried between 1,800 vph and 2,000 vph,total for both directions. South of its junction
with Queen Kaahumanu Highway, Kuakini Highway carried over 2,300 vph, total for
both directions. At Nakukui Drive, Kuakini Highway carried about 800 vph, total for
both directions. At Queen Kaahumanu Highway, Puapuaanui Street carried about 350
vph, total for both directions, while the makai leg of Hualalai Road carried about 200
vph, during the existing PM peak hour of traffic.
The overall intersection of Queen Kaahumanu Highway and Puapuaanui Street
operated at LOS "B", during the existing PM peak hour of traffic. The left-turn
movement from southbound Queen Kaahumanu onto Puapuaanui Street operated at
LOS "E". The left-turn movement from Puapuaanui Street operated at LOS "D" at
Queen Kaahumanu Highway. The other traffic movements at the intersection operated
at satisfactory Levels of Service, during the existing PM peak hour of traffic.
The other intersections in the study area operated at satisfactory Levels of Service.
The existing PM peak hour traffic data are depicted on Figure 4.
8
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Pualani Makai
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Traffic Impact Analysis Report September 18, 2019
0)BD
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Figure 3. Existing AM Peak Hour Traffic
9
Pualani Makai
Traffic Impact Analysis Report September 18, 2019
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Figure 4. Existing PM Peak Hour Traffic
10
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i.:%r Traffic Impact Analysis Report September 18, 2019
III. Future Traffic Conditions
A. Background Growth in Traffic
The Federal-Aid Highways 2035 Transportation Plan for the District of Hawaii
TPDH) was prepared for the State of Hawaii Department of Transportation (DOT), in
cooperation with the County of Hawaii Department of Public Works and Planning
Department. The TPDH developed long-range travel forecasts for Hawaii Island based
upon future socio-economic conditions. The 2035 Transportation Plan projected an annual
growth rate of about 1.7 percent in vehicle trips in Kailua-Kona. For the purpose of this
traffic impact analysis, an annual average growth factor of 1.7 percent was uniformly
applied to the existing (Year 2019) peak hour traffic to estimate the Year 2024 peak hour
traffic demands without the proposed project
B. Year 2024 AM Peak Hour Traffic Without Project
The left-turn movements from Puapuaanui Street onto Queen Kaahumanu Highway
and from southbound Queen Kaahumanu Highway onto Puapuaanui Street are expected to
operate at LOS "E", during the Year 2024 AM peak hour of traffic without the proposed
project.
The left-turn movement from Hualalai Road (makai leg) is expected to operate at LOS
E". The other intersections in the study area are expected to operate at the same Levels
of Service as during the existing AM peak hour of traffic. The Year 2024 AM peak hour
volumes without the proposed project are depicted on Figure 5.
C. Year 2024 PM Peak Hour Traffic Without Project
During the Year 2024 PM peak hour of traffic without the proposed project, the
intersections in the study area are expected to operate at the same Levels of Service as
during the existing PM peak hour of traffic. Figures 6 depicts the Year 2024 PM peak hour
volumes without the proposed project, respectively.
D. Future Highway Improvements
The County of Hawaii Department of Public Works(DPW) is planning to construct the
Ali'i Parkway (also known as the Kahului-Keauhou Parkway and the Ali'i Highway)from
Ali'i Drive, north of Kamehameha III Road, to Queen Kaahumanu Highway, south of
Hualalai Road. The State Department of Transportation(DOT)is planning to widen Queen
Kaahumanu Highway from Henry Street to the Kuakini Highway junction, and continue
the highway widening on Kuakini Highway in the southerly direction to Kamehameha III
Road. The time frames for the implementation of the DPW and DOT projects have not
been established at this writing and is not included in this traffic impact analysis.
11
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Traffic Impact Analysis Report September 18, 2019
o)c.) -
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61 1., ED 1
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Figure 5. Year 2024 AM Peak Hour Volumes Without Project
12
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Traffic Impact Analysis Report September 18, 2019
0 co 01
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Figure 6. Year 2024 PM Peak Hour Volumes Without Project
13
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Traffic Impact Analysis Report September 18, 2019
IV. Traffic Impact Analysis
A. Trip Generation Characteristics
The trip generation characteristics for the proposed Pualani Makai were based upon the
ITE trip rates for a 386-unit low-rise multi-family housing, a 30,000 SFGFA grocery store,
and a 15,000 SFGFA drugstore with drive-through service. The convenience store/gas
station were analyzed using the ITE trip generation rates for a convenience store with gas
pumps. The car wash was analyzed with the ITE trip rates for an automated car wash. The
bus transfer station was analyzed using the ITE trip generation rates for a park-and-ride lot
with bus service. The retail-office spaces were analyzed as two separate components. The
four (4) 2,400 SFGFA pads in the parking lot were analyzed using the ITE trip rates for
fast-food restaurants. Two(2)fast-food restaurants were assumed to provide drive-through
service and two (2) fast-food restaurants were assumed to operate without drive-through
service. The trip generation for the remaining 18,000 SFGFA of retail-office space was
analyzed using the ITE trip generation rates for a shopping center. The ITE trip generation
characteristics for the proposed project are summarized in Table 3.
Table 3. Pualani Makai ITE Trip Generation Characteristics
Land Use AM Peak Hour(vph) PM Peak Hour(vph)
ITE Code)
Units
Enter Exit Total Enter Exit Total
Multi-Family 386 DU 39 133 172 123 73 196Housing (220)
Fast-Food
4,800
Restaurants With
SFGFA
98 95 193 82 75 157
Drive-Thru (934)
Fast-Food
4,800
Restaurants W/O
SFGFA
68 45 113 68 68 136
Drive-Thru (933)
Grocery Store 30.000
69 46 115 163 157 320850) SFGFA
Drugstore With 15,000
1 27 58 77 77 154Drive-Thru (881) SFGFA
Retail-Office Space 18,000
20 12 32 62 66 128820)SFGFA
Car Wash (948) 1 Tunnel 31 18 49 39 39 78
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Traffic Impact Analysis Report September 18, 2019
Table 3. Pualani Makai ITE Trip Generation Characteristics (Cont'd.)
Land Use AM Peak Hour(vph) PM Peak Hour(vph)
UnitsITECode)Enter Exit Total Enter Exit Total
Convenience Store
12 FuelingWithGasPumps
Positions 125 125 250 138 138 276
853)
Bus Station (090)
10 Parking 5 1 6 1 3 4Spaces
Total Trips 486 502 988 753 696 1,449
The internal trips within the mixed-used project are based upon the ITE internal trip
capture rates. For example, ITE estimates that 20 percent of the trips, exiting the multi-
family housing, will enter the restaurants. Similarly, 20 percent of the trips, entering the
restaurants, will originate from the multi-family housing. The lesser of the two values is
used to estimate the internal trip capture from the multi-family housing to the restaurants.
During the PM peak hour of traffic, ITE estimates that 76 percent of the trips exiting the
retail uses will enter the multi-family housing, while 55 percent of the trips entering the
multi-family housing will originate from the retail uses. Again,the lesser of the two values
is used to estimate the internal trip capture between the multi-family housing and the retail
component of the mixed-use development. ITE further "constrains" the PM peak hour
internal trip capture with proximity adjustments, which are based upon the weighted-
average distances between the various components of the mixed-use development. ITE
does not provide proximity adjustments for the AM peak hour internal trip capture are
therefore "unconstrained". The AM peak hour unconstrained internal trip capture reduces
the AM peak hour trips by about 10.5 percent. The PM peak hour constrained internal trip
capture reduces the PM peak hour trips by about 14.6 percent. Table 4 summarizes the
internal capture trips between the multi-family housing, fast-food restaurants, and the
retail-office uses, which includes the grocery store and the drugstore.
Table 4. Pualani Makai Trip Capture
Origins Destinations
AM Peak Hour Multi-Family Housing Restaurants Retail-Office
Multi-Family Housing N/A 27 1
Restaurants 2 N/A 10
Retail-Office 1 11 N/A
PM Peak Hour
Multi-Family Housing N/A 11 25
Restaurants 18 N/A 59
Retail-Office 55 44 N/A
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Traffic Impact Analysis Report September 18, 2019
Li fillear
About one-half of the AM and PM peak hour trips, generated by the fast-food
restaurants are expected to be pass-by trips. The pass-by trip rates for the convenience
store with gas pumps are estimated at 63 percent and 66 percent during the AM and PM
peak hours of traffic, respectively. The PM peak hour pass-by trip rates for the grocery
store, the drugstore, and the remaining retail-office uses are estimated at 36 percent, 49
percent,and 34 percent respectively. ITE does not provide AM peak hour pass-by trip rates
for the grocery store, drugstore, or the other retail uses. Table 5 summarizes the trip
generation, adjusted for the trip capture less the pass-by trips to arrive at the external trip
generation.
Table 5. Pualani Makai Adjusted Trip Generation Characteristics
AM Peak Hour(vph) PM Peak Hour (vph)
Land Use Trips
Enter Exit Total Enter Exit Total
Multi-Family Adjusted 36 106 142 50 41 91Housing
Fast-Food Adjusted 88 128 256 95 82 177
Restaurants Pass-By 62 63 125 48 42 90
Adjusted 63 40 103 118 105 223
Grocery Store
Pass-By 0 0 0 42 38 80
Drugstore With Adjusted 28 24 52 71 65 136
Drive-Thru Service Pass-By 0 0 0 27 25 52
Adjusted 18 11 29 45 45 90
Retail-Office Space
Pass-By 0 0 0 16 16 32
Car Wash Unadjusted 31 18 49 39 39 78
Convenience Store Unadjusted 125 125 250 138 138 276
W/Gas Pumps Pass-By 79 79 158 91 91 182
Bus Station Unadjusted 5 1 6 1 3 4
External Trips 152 169 321 94 81 175
B. Site Access Improvements
The primary site access on Queen Kaahumanu Highway is proposed at the existing
signalized intersection opposite Puapuaanui Street. The primary access on Kuakini
Highway is proposed via the Spine Road at the existing stop-controlled intersection
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TMC
Traffic Impact Analysis Report September 18, 2019
opposite Nakukui Drive. The Spine Road will extend in the mauka direction to provide a
secondary access on Queen Kaahumanu Highway via a right-turn-in/right-turn-out only
intersection. The following site access improvements are recommended for the proposed
project:
1. Construct the makai leg of Puapuaanui Street at its intersection with Queen Kaahumanu
Highway to provide separate left-turn, through-only, and right-turn lanes in the mauka
bound direction.
2. Widen makai bound Puapuaanui Street at Queen Kaahumanu Highway to provide a
through-only lane, in addition to the existing exclusive left-turn and right-turn lanes.
3. Widen southbound Queen Kaahumanu Highway at Puapuaanui Street to provide right-
turn deceleration and acceleration lanes.
4. Widen northbound Queen Kaahumanu Highway to provide an exclusive left-turn lane
to Puapuaanui Street.
5. Modify the traffic signal phasing on all approaches to the intersection of Queen
Kaahumanu Highway and Puapuaanui Street to provide protected-permissive left-turn
phases, i.e., the left-turn movements have the right-of-way during the "green arrow"
protected phase, and must yield to opposing traffic,pedestrians, etc., during the "green
ball" permissive phase.
6. Construct the stop-controlled Spine Road at Kuakini Highway to provide an exclusive
right-turn lane and a shared through/left-turn lane.
7. Widen southbound Kuakini Highway to provide an exclusive left-turn lane to the Spine
Road.
8. Widen northbound Kuakini Highway to provide right-turn deceleration and
acceleration lanes at the Spine Road.
9. Extend the Spine Road to intersect Queen Kaahumanu Highway at a channelized right-
turn-in/right-turn-out only unsignalized intersection.
10. Widen southbound Queen Kaahumanu Highway at the Spine Road to provide an
exclusive right-turn acceleration lane. Extend the acceleration lane from the makai leg
of Puapuaanui Street to provide a right-turn deceleration lane at the Spine Road.
C. Traffic Assignment
The traffic assignments were based upon the existing traffic patterns along Queen
Kaahumanu Highway and Kuakini Highway. The extension of Puapuaanui Street and the
Spine Road are expected to provide an alternative route between Queen Kaahumanu
Highway and Kuakini Highway. The Spine Road is expected to divert traffic from the
Queen Kaahumanu Highway intersections with Hualalai Road (makai leg) and Kuakini
Highway.
17
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TMC
Traffic Impact Analysis Report September 18, 2019
Figures 7 and 8 depict the AM and PM peak hour traffic assignments of the diverted
traffic, respectively. The AM and PM peak hour assignments of site-generated traffic are
depicted on Figures 9 and 10,respectively.
D. Year 2024 AM Peak Hour Traffic Analysis With Project
During the Year 2024 AM peak hour of traffic with the proposed project, the
intersection of Queen Kaahumanu Highway and Puapuaanui Street is expected to operate
at an overall -LOS "C". The proposed protected-permissive left-turn phases at the
intersection are expected to improve the traffic operations to acceptable Levels of Service,
i.e. LOS "D" or better. The left-turn movement from mauka bound Puapuaanui Street and
the left-turn and through movements from makai bound Puapuaanui Street are expected
to improve to LOS "D". The other traffic movements at the intersection are expected to
operate at satisfactory Levels of Service.
The traffic movements at the intersection of Nakukui Drive and Kuakini Highway are
expected to operate at satisfactory Levels of Service. The Spine Road is expected to
operate at LOS "A" at Queen Kaahumanu Highway, during the Year 2024 AM peak hour
of traffic with the proposed project.
The left-turn movement from Hualalai Road onto Queen Kaahumanu Highway is
expected to operate at LOS "E". The other traffic movements at the intersection are
expected to operate at satisfactory Levels of Service.
During the Year 2024 AM peak hour of traffic with the proposed project, the left-turn
movement from Kuakini Highway onto Queen Kaahumanu Highway is expected to operate
at LOS "F". However, the Spine Road is expected to significantly reduce the left-turn
demand from Kuakini Highway onto Queen Kaahumanu Highway. The other traffic
movements at the intersection are expected to operate at satisfactory Levels of Service.
Figure 11 depicts the Year 2024 AM peak hour traffic with the proposed project.
E. Year 2024 PM Peak Hour Traffic Analysis With Project
The intersection of Queen Kaahumanu Highway and Puapuaanui Street is expected to
operate at an overall LOS "C", during the Year 2024 PM peak hour of traffic with the
proposed project. The left-turn and through movements on both approaches of Puapuaanui
Street at Queen Kaahumanu Highway are expected to operate at LOS "D". The left-turn
movement on southbound Queen Kaahumanu Highway is expected to improve from LOS
E" to LOS "B". The other traffic movements at the intersection are expected to operate
at satisfactory Levels of Service.
18
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TMPualani Makai
Traffic Impact Analysis Report September 18, 2019
1
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Figure 7. AM Peak Hour Assignment of Diverted Traffic
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Pualani Makai
r=%r Traffic Impact Analysis Report September 18, 2019
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Figure 8. PM Peak Hour Assignment of Diverted Traffic
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Pualani Makai
MC
Traffic Impact Analysis Report September 18, 2019
1
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Figure 9. AM Peak Hour Site Traffic Assignment
21
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t=
7 r Traffic Impact Analysis Report September 18, 2019
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Traffic Impact Analysis Report September 18, 2019
NINEMUNSIONNSONSENSWOMMUNCIEffear
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Figure 11. Year 2024 AM Peak Hour Volumes With Project
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YM Pualani Makai
i=,%r Traffic Impact Analysis Report September 18, 2019
The left-turn/through movement from Nakukui Drive onto Kuakini Highway is
expected to operate at LOS "D". The other traffic movements at the intersection are
expected to operate at satisfactory Levels of Service. The Spine Road is expected to
operate at LOS "A" at Queen Kaahumanu Highway, during the Year 2024 PM peak hour
of traffic.
During the Year 2024 PM peak hour of traffic with the proposed project, the left-turn
movement from Hualalai Road onto Queen Kaahumanu Highway is expected to operate at
LOS "D". The other traffic movements at the intersection are expected to operate at
satisfactory Levels of Service.
The left-turn movement from Kuakini Highway onto Queen Kaahumanu Highway is
expected to operate at LOS "E". Once again, the Spine Road is expected to significantly
reduce the left-turn demand from Kuakini Highway onto Queen Kaahumanu Highway.
The other traffic movements at the intersection are expected to operate at satisfactory
Levels of Service. The Year 2024 PM peak hour traffic with the proposed project is
depicted on Figure 12.
F. Year 2029 AM Peak Hour Traffic Analysis With Project
Pualani Makai is expected to be fully built out and occupied by the Year 2024. While
the site-generated traffic is assumed to remain constant beyond the Year 2024, the
background growth in traffic is expected to continue to increase at an annual average
growth rate of 1.7 percent to the Years 2029 and 2039.
The intersection of Queen Kaahumanu Highway and Puapuaanui Street is expected to
continue to operate at an overall LOS "C", during the Year 2029 AM peak hour of traffic
with the proposed project. All the traffic movements at the intersection are expected to
operate at acceptable Levels of Service.
All the traffic movements at the intersection of Kuakini Highway and Nakukui Street
are expected to operate at satisfactory Levels of Service.
The left-turn movement from Hualalai Road onto Queen Kaahumanu Highway is
expected to continue to operate at LOS"E". The left-turn movement from Kuakini Highway
onto Queen Kaahumanu Highway is expected to continue to operate at LOS "F". The Year
2029 AM peak hour traffic with the proposed project is depicted on Figure 13.
G. Year 2029 PM Peak Hour Traffic Analysis With Project
During the 2029 PM peak hour of traffic with the proposed project, the left-turn
movement from Kuakini Highway onto Queen Kaahumanu Highway is expected to
continue to operate at LOS "E".
24
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IL Pualani Makai
i=
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Impact Analysis Report September 18, 2019
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25
Pualani Makai
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ci Traffic Impact Analysis Report September 18, 2019
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Figure 13. Year 2029 AM Peak Hour Volumes With Project
26
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Pualani Makai
Traffic Impact Analysis Report September 18, 2019
VORMISSIMEMENSIONE
The other intersections in the study area also are expected to operate at acceptable
Levels of Service. Figure 14 depicts the Year 2029 PM peak hour traffic with the proposed
project.
H. Year 2039 AM Peak Hour Traffic Analysis With Project
The intersection of Queen Kaahumanu Highway and Puapuaanui Street is expected to
operate at an overall LOS "D", during the Year 2039 AM peak hour of traffic with the
proposed project. The left-turn and through movements on both approaches of Puapuaanui
Street at Queen Kaahumanu Highway are expected to operate at LOS "E". The left-turn
movement on southbound Queen Kaahumanu Highway is expected to operate at LOS "E".
The other traffic movements at the intersection are expected to operate at acceptable Levels
of Service.
The intersection of Nakukui Drive and Kuakini Highway is expected to operate at
satisfactory Levels of Service.
The left-turn movements from Hualalai Road and from Kuakini Highway onto Queen
Kaahumanu Highway are expected to operate at LOS "F". The left-turn movement from
northbound Kuakini Highway to westbound Kuakini Highway also is expected to operate
at LOS "F". The Year 2039 AM peak hour traffic with the proposed project is depicted on
Figure 15.
I. Year 2039 PM Peak Hour Traffic Analysis With Project
During the 2039 PM peak hour of traffic with the proposed project, the intersection of
Queen Kaahumanu Highway and Puapuaanui Street is expected to operate at an overall
LOS "D". The left-turn movements on all approaches to the intersection are expected to
operate at LOS "E". The makai bound through movement on Puapuaanui Street also is
expected to operate at LOS "E". The through movements in both directions on Queen
Kaahumanu Highway and on mauka bound Puapuaanui Street are expected to operate at
LOS "D".
The left-turn/through movements from Nakukui Drive and from the Spine Road at
Kuakini Highway are expected to operate at LOS "E" and LOS "D", respectively. The
other traffic movements at the intersection are expected to operate at satisfactory Levels of
Service.
The Spine Road is expected to operate at LOS "A" at Queen Kaahumanu Highway,
during the Year 2039 PM peak hour of traffic with the proposed project.
27
TMPualani Makai
r Traffic Impact Analysis Report September 18, 2019
d.
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Figure 14. Year 2029 PM Peak Hour Volumes With Project
28
MIL Pualani Makai
r Traffic Impact Analysis Report September 18, 2019 .
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Figure 15. Year 2039 AM Peak Hour Volumes With Project
29
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Pualani Makai
e Traffic Impact Analysis Report September 18, 2019
The left-turn movement from Hualalai Road onto Queen Kaahumanu Highway is
expected to operate at LOS "D". The left-turn movement from northbound Kuakini
Highway to westbound Kuakini Highway is expected to operate at LOS "D". The left-turn
movement from eastbound Kuakini Highway to northbound Queen Kaahumanu Highway
is expected to operate at LOS "F". Figure 16 depicts the Year 2039 PM peak hour traffic
with the proposed.
V. Recommendations
A. Queen Kaahumanu Highway and Puapuaanui Street
The following traffic improvements are recommended at the intersection of Queen
Kaahumanu Highway and Puapuaanui Street to mitigate the traffic impacts with the
proposed project:
1. Provide separate left-turn, through-only, and right-turn lanes on the proposed mauka
bound leg of Puapuaanui Street at its intersection with Queen Kaahumanu Highway.
2. Widen makai bound Puapuaanui Street at Queen Kaahumanu Highway to provide a
through-only lane, in addition to the existing exclusive left-turn and right-turn lanes.
3. Widen southbound Queen Kaahumanu Highway at Puapuaanui Street to provide
separate right-turn deceleration and acceleration lanes.
4. Widen northbound Queen Kaahumanu Highway at Puapuaanui Street to provide an
exclusive left-turn lane.
5. Modify the traffic signal phasing at the intersection of Queen Kaahumanu Highway
and Puapuaanui Street to provide protected-permissive left-turn phases on all
approaches to the intersection.
B. Spine Road
The following traffic improvements are recommended on the proposed Spine Road at
its intersections with Kuakini Highway and Queen Kaahumanu Highway:
1. Provide an exclusive right-turn lane and a shared through/left-turn lane on the Spine Road
at its stop-controlled intersection with Kuakini Highway, opposite Nakukui Drive.
2. Widen/restripe southbound Kuakini Highway to provide an exclusive left-turn lane to
the Spine Road.
3. Widen northbound Kuakini Highway to provide right-turn deceleration and acceleration
lanes to/from the Spine Road.
4. Provide a channelized right-turn-in/right-turn-out only intersection between the Spine
Road and Queen Kaahumanu Highway.
30
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Traffic Impact Analysis Report September 18, 2019
JJD3
y
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Figure 16. Year 2039 PM Peak Hour Volumes With Project
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z%r Traffic Impact Analysis Report September 18, 2019
5. Widen southbound Queen Kaahumanu Highway at the Spine Road to provide an
exclusive right-turn acceleration lane.Extend the right-turn acceleration lane on Queen
Kaahumanu Highway to provide a right-turn deceleration lane to the Spine Road.
C. Construction Cost Estimates
The following cost estimates for recommended traffic improvements were provided by
E. M. Rivera& Sons, Inc. and Dempsey Pacific, Inc.:
1. Roadway improvements on Queen Kaahumanu Highway at Puapuaanui Street and at the
Spine Road—$2,524,238.00.
2. Puapuaanui Street roadway improvements at Queen Kaahumanu Highway—$
3. Queen Kaahumanu Highway/Puapuaanui Street intersection traffic signal improvements
4. Kuakini Highway and the Spine Road intersection improvements—$519,416.00.
VI. Conclusions
The proposed traffic improvements at the Pualani Makai access intersections are expected
to mitigate the traffic impacts of the proposed project. All the traffic movements at the Pualani
Makai access intersections on Queen Kaahumanu Highway and on Kuakini Highway are
expected to operate at acceptable Levels of Service at the full buildout and occupancy of the
proposed Pualani Makai, during the AM and PM peak hours of traffic through the Years 2024
and 2029. The Spine Road also is expected to operate at acceptable Levels of Service at Queen
Kaahumanu Highway and at Kuakini Highway through the Year 2039 with the proposed
project. Table 6 summarizes the measures of effectiveness (MOE) for the traffic impact
analysis of the intersections in the study area.
Beyond the Year 2024, after which the proposed Pualani Makai is expected to be fully built
out and occupied, the left-turn movements from Hualalai Road and from Kuakini Highway
onto Queen Kaahumanu Highway are expected to deteriorate to worse than acceptable Levels
of Service due to the overall growth in regional traffic. However, the proposed Spine Road
can be expected to divert traffic from these intersections. By the Year 2039, the regional
highway capacity will need to be increased via the widening of Queen Kaahumanu Highway
and Kuakini Highway (Route 11) and/or the construction of the proposed Ali'i Parkway.
The land use concept of Pualani Makai will provide shopping and dining opportunities and
services for its residents within the mixed-use development, and thereby reduce the number of
external trips generated by the proposed Pualani Makai. Furthermore, a significant portion of
the external trips is expected to be pass-by trips, further reducing the number of"new" trips
added to the roadway network. Finally, the various retail-office components of the proposed
Pualani Makai mixed-use development will provide necessary goods and services to South
Kona, and thereby reduce regional traffic congestion in North Kona.
32
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Rua/am Makai
Traffic Impact Analysis Report September 18,2019
Table 6.Summary of Capacity Analysis
Scenario Intersection MOE EBL EBT ERR WBL WBT WBR NBL NBT NBR SBL SBT SBR Intersection
Volume N/A N/A N/A 99 N/A 220 N/A 822 25 50 765 N/A 1,981
Queen Kaahumanu Hwy& LOS N/A N/A N/A D N/A A N/A B A E A N/A B
Puapuaanui St Delay N/A N/A N/A 50.6 N/A 0.2 N/A 13.7 2.8 69.5 6.1 N/A 13.7
v/c N/A N/A N/A 0.64 N/A 0.16 N/A 0.71 0.01 0.53 0.49 N/A Max.v/c:0.71
Volume 32 N/A 56 N/A N/A N/A 152 974 N/A N/A 808 25 2,047
Queen Kaahumanu Hwy& LOS D N/A A N/A N/A N/A B - N/A N/A - - A
Hualalai Rd Delay 29.2 N/A 0.0 N/A N/A N/A 10.5 - N/A N/A - - 1.5
Existing AM Peak Hour v/c 0.25 N/A 01/A N/A N/A N/A 0.20 - N/A N/A - - N/A
Volume 8 N/A 168 N/A N/A N/A 464 851 N/A N/A 769 66 2,326
Kuakini Hwy&LOS E N/A A N/A N/A N/A B - N/A N/A - - A
Queen Kaahumanu Hwy Delay 41.7 N/A 0.0 N/A N/A N/A 13.4 - N/A N/A - - 3.0
v/c 0.04 N/A - N/A N/A N/A 0.53 - N/A N/A - - N/A
Volume 16 N/A 10 N/A N/A N/A I1 513 N/A N/A 178 7 735
Kuakini Hwy&Nakukui Dr
LOS C N/A A N/A N/A N/A A - N/A N/A - - A
Delay 17.2 N/A 9.2 N/A N/A N/A 7.6 - _ N/A N/A - - 1.0
v/c 0.11 N/A 0.01 N/A N/A N/A 0.02 - N/A N/A - - N/A
Volume N/A N/A N/A 39 N/A 100 N/A 862 61 157 885 N/A 2,104
Queen Kaahumanu Hwy& LOS N/A N/A N/A D N/A A N/A B A E A N/A B
Puapuaanui St Delay N/A N/A N/A 51.5 N/A 0.1 N/A 16.3 1.8 55.2 4.8 N/A 13.6
v/c N/A N/A N/A 0.41 N/A 0.10 N/A 0.73 0.09 0.68 0.55 N/A Max.v/c:0.73
Volume 5 N/A 96 N/A N/A N/A 89 886 N/A N/A 936 7 2,019
Queen Kaahumanu Hwy& LOS C N/A A N/A N/A N/A B - N/A N/A - - A
Hualalai Rd Delay 20.9 N/A 0.0 N/A N/A N/A 10.9 - N/A N/A - - 1.4
Existing PM Peak Hour
v/c 0.02 N/A - N/A N/A N/A 0.10 - N/A N/A - - N/A
Volume 18 N/A 367 N/A N/A N/A 212 915 N/A N/A 874 37 2,423
Kuakini Hwy&LOS D N/A A N/A N/A N/A B - N/A N/A - - A
Queen Kaahumanu Hwy Delay 27.9 N/A 0.0 N/A N/A N/A 11.4 - N/A N/A - - 1.4
v/c 0.11 N/A - N/A N/A N/A 0.26 - N/A N/A - - N/A
Volume 8 N/A 7 N/A N/A N/A 5 - N/A N/A 447 15 482
LOS C N/A B N/A N/A N/A A - N/A N/A AKuakiniHwy&Nakukui Dr
Delay 16.8 N/A 10.9 N/A N/A N/A 8.2 - N/A N/A - - 0.2
v/c 0.03 N/A 0,01 N/A N/A N/A 0.01 - N/A N/A - - N/A
Lepend MOE-Measure of Effectiveness EBL-Eastbound Left-Turn Movement WBL-Westbound Left-Tum Movement NBL-Northbound Left-Turn Movement
Volwne-vehicles per hour EBT-Eastbound Through Movement WBT-Westbound Through Movement NBT-Northbound Through Movement
LOS-Level of Service EBR-Eastbound Right-Tum Movement WBR-Westbound Right-Turn Movement NBR-Northbound Right-Turn Movement
Delay-Average Delay(seconds/vehicle)
v/c-Volume-to-Capacity Ratio
33
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to Traffic Impact Analysis Report September 18,2019
Table_.Summary of Capacity Analysis
Scenario Intersection MOE EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Intersection
Volume N/A N/A N/A 107 N/A 239 N/A 891 27 54 830 N/A 2,148
Queen Kaahumanu Hwy& LOS N/A N/A N/A E N/A A N/A B A E A N/A B
Puapuaanui St Delay N/A N/A N/A 55.7 N/A 0.2 N/A 16.9 2.7 74.5 6.4 N/A 15.8
v/c N/A N/A N/A 0.71 N/A 0.17 N/A 0.79 0.01 0.58 _ 0.53 N/A Max.v/c;0.79
Volume 35 N/A 61 N/A N/A N/A 165 1,056 N/A N/A 876 27 2,220
Queen Kaahumanu Hwy& LOS E N/A A N/A N/A N/A B _ N/A N/A - - A
Hualalai Rd Delay 35.1 N/A 0.0 N/A N/A N/A 11.0 - N/A N/A _ _ 1.7
AM Peak Hour v/c 0.31 N/A - N/A N/A N/A 0.23 - N/A N/A - - N/AWithoutProjectVolumeIlN/A 170 N/A N/A N/A 452 908 N/A N/A 867 70 2,478
Kuakini Hwy& LOS E N/A A N/A N/A N/A B - N/A N/A - - A
Queen Kaahumanu Hwy Delay 45.7 N/A 0.0 N/A N/A _ N/A 14.6 - N/A N/A - _ 3.0
v/c 0.06 N/A - N/A N/A N/A 0.56 - N/A N/A - - N/A
Volume 17 N/A 11 N/A N/A N/A 11 556 N/A N/A 193 7 795
Kuakini Hwy&Nakukui Dr
LOS C N/A A N/A N/A N/A A - N/A N/A - - _ A
Delay 18.6 N/A 9.3 N/A N/A N/A 7.6 - N/A N/A - - 11
v/c 0.13 N/A 0.01 N/A N/A N/A 0.02 - N/A N/A - - N/A
Volume N/A N/A , N/A 42 N/A 108 N/A 935 66 170 960 N/A 2,281
Queen Kaahumanu Hwy& LOS N/A N/A N/A D N/A A N/A B A E A N/A B
Puapuaanui St Delay N/A N/A N/A 46.1 N/A 0.1 N/A 16.1 1.5 62.4 4.5 N/A 13.7 _
v/c N/A N/A N/A 0.34 N/A 0.11 N/A 0.76 0.09 0.76 0.59 N/A Max.v/c.0.76
Volume 5 N/A 104 N/A N/A N/A 97 961 N/A N/A _ 1,015 8 2,190
Queen Kaahumanu Hwy& LOS C N/A A N/A N/A N/A B - N/A N/A - _ A
Hualalai Rd Delay 22.9 N/A 0.0 N/A N/A N/A 11.4 - N/A N/A _ _ 13
PM Peak Hour v/c 0.02 N/A - N/A N/A N/A 0.12 - N/A N/A - - N/A
Without Project Volume 21 N/A 394 N/A N/A N/A 206 980 N/A N/A 960 42 2,603
Kuakini Hwy& LOS D N/A A N/A N/A N/A B _ N/A N/A ' - - A
Queen Kaahumanu Hwy Delay 31.1 N/A 0.0 N/A N/A N/A 12.1 - N/A N/A _ _ 13
v/c 0.15 N/A - N/A N/A N/A 0.28 - N/A N/A _ _ N/A
Volume 9 N/A8 N/A N/A N/A 5 - N/A N/A 485 16 523
Kuakini Hwy&Nakukui Dr
LOS C N/A B N/A N/A N/A A - N/A N/A - _ A
Delay 18.1 N/A 11.2 N/A N/A N/A 8.3 - N/A N/A - - 0.3
v/c 0.03 N/A 0.01 N/A N/A N/A 0.01 - N/A N/A • - - N/A
34
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Traffic Impact Analysis Report
September 18,2019
Table .Summary of Capacity Analysis
Scenario Intersection MOE EBL EBT EBR WBL WBT WBR NBL NBT ' NBR SBL SBT SBR Intersection
Volume 195 9 75 1309 194 104 835 27 54 875 68 2,555
Queen Kaahumanu Hwy& LOS D C A D D A A B A A B A C
Puapuaanui St Delay 37.7 31.6 0.1 53.5 35.8 0.2 8.5 18.5 0.0 9.1 16.5 0.1 19.2
v/c 0.62 0.04 0.05 0.80 0.05 0,14 0.37 0.78 0.01 0.27 0.69 0.07 Max.v/c:0.80
Volume 35 N/A 67 N/A N/A N/A 157 1.153 : N/A N/A 963 27 2.402
Queen Kaahumanu Hwy& LOS E N/A A N/A N/A N/A B - N/A' N/A - - A
Hualalai Rd Delay 39.7 N/A 0.0 N/A N/A N/A 11.5 - N/A N/A - - 1.7
v/c 0.34 N/A - N/A N/A N/A 0.24 - N/A N/A - - N/A
Volume 1 N/A 148 N/A N/A N/A 537 966 N/A N/A 1,002 7 2,661AMPeakHourKuakiniHwy& LOS F N/A A N/A N/A N/A C - N/A N/A - AWithProject
2024 Queen Kaahumanu Hwy Delay 645 N/A 0.0 N/A N/A N/A 22.0 - , N/A N/A - - 4.8
v/c 0,01 N/A - N/A N/A N/A 0.74 - N/A N/A - - N/A
Volume 17 10 I 0 I 180 10 471 108 43 171 8 1,020
Kuakini Hwy&Nakukui Dr
LOS C A B A A - _ A _ _ A
Delay 16.9 9.2 14.8 0.0 7.6 - _8.7 - - IA
v/c 0.14 0.00 0.00 0.02 - - 0.05 - - N/A
Volume N/A N/A 110 N/A N/A N/A N/A 967 ' N/A ' N/A 899 154 2,120
Queen Kaahumanu Hwy& LOS N/A N/A A N/A N/A N/A N/A - N/A N/A - - A
Spine Road Delay N/A N/A 0.0 N/A N/A N/A N/A N/A N/A - - 0,0
v/c N/A N/A - N/A N/A N/A N/A - N/A N/A - - N/A
Volume 199 23 116 53 23 90 105 841 66 170 981 100 2,767
Queen Kaahumanu Hwy& LOS D D A D D A B B A B B A Intersection LOS:B
Puapuaanui St Delay 51.4 36.6 0.1 41.8 43.4 0.1 13.8 18.4 0.7 12.1 19.6 0.6 18.7
v/c 0.73 0.09 0.07 0.38 0.12 0.09 0.50 0.73 0.10 0.56 0.79 0.09 Max.v/c:0.79
Volume 5 N/A 116 N/A N/A N/A 95 1,049 N/A N/A 1,1248 2,397
Queen Kaahumanu Hwy& LOS D N/A A N/A N/A N/A B - _ N/A N/A - - A
Hualalai Rd Delay 25.5 N/A 0.0 N/A N/A N/A 12.2 - N/A N/A - - 0.4
vie 0.02 N/A - N/A N/A N/A O,13 - N/A N/A - - N/A
Volume 2 N/A 347 N/A N/A N/A 303 1,010 N/A N/A 1,132 4 2,798PMPeakHour
Kuakini Hwy& LOS E N/A A N/A N/A N/A C - N/A N/A AWithProject
Queen Kaahumanu Hwy Delay 39.0 N/A 0.0 N/A N/A N/A 16.3 - N/A N/A21124 1.8
v/c 0.02 N/A - N/A N/A N/A 0.47 - N/A N/A - - N/A
Volume 9 7 1 0 I 1 96 4 294 112 113 426 16 1,079
LOS D B C A A - - A AKuakiniHwy&Nakukui Dr
Delay 25,3 10.7 22.6 0.0 8.1 - - 8.4 . - 1.4
v/c 0.08 0.00 0.01 0.01 - - 0.10 - - N/A
Volume N/A N/A 144 N/A N/A N/A N/A 1012 N/A N/A 992 154 2.302
Queen Kaahumanu Hwy& LOS N/A N/A A N/A N/A N/A N/A - N/A N/A - - A
Spine Road Delay N/A N/A 0.0 N/A N/A N/A N/A - N/A N/A - - 0.0
v/c N/A N/A - N/A N/A N/A N/A - N/A N/A - - N/A
35
JPualani Makai
1d7 Traffic Impact Analysis Report
September 18,2019
Table .SummarySummary of Capacity Analis
Scenario Intersection MOE EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Intersection
Volume 194 9 75 139 62 209 104 904 29 58 919 68 2,770
Queen Kaahumanu Hwy& LOS D C A D D A B D A B C A C
Puapuaanui St Delay 50.6 34.3 0.1 41.7 41.5 0.2 20,0 36.1 0.0 16.0 25.1 0.2 28.7
v/c 194 9 75 139 62 209 104 904 29 58 919 68 Max.v/c:0.93
Volume 37 N/A 71 N/A N/A N/A 167 1,236 N/A N/A 1,032 29 2,572
Queen Kaahumanu Hwy& LOS E N/A A N/A N/A N/A B - N/A N/A - - A
Hualalai Rd Delay 48.6 N/A 0.0 N/A N/A N/A 12.2 - N/A N/A - - 1.9
v/c 0.41 N/A - N/A N/A N/A 0.27 - N/A N/A - - N/A
Volume 1 N/A 161 N/A N/A N/A 572 1,036 N/A N/A 1,070 8 2,848AMPeakHour
Kuakini Hwy& LOS F N/A A N/A N/A N/A D - N/A N/A AWithProject
Queen Kaahumanu Hwy Delay 89.7 N/A 0.0 N/A N/A N/A 29.7 - N/A N/A - - 6,42029
v/c 0.01 N/A - N/A N/A N/A 0.83 - N/A N/A - - N/A
Volume 19 11 1 0 1 188 11 510 108 44 185 8 1,086
Kookier Hwy&Nakukui Dr LOS C A C A A - - A - - A
Delay 18.2 9.2 15.4 0.0 7.6 - - 8.9 - - 1.4
v/c 0.17 0.00 0.00 0.02 - - 0.05 - - N/A
Volume N/A N/A 111 N/A N/A N/A N/A 1.037 N/A N/A 967 159 2,274
Queen Kaahumanu Hwy& LOS N/A N/A A N/A N/A N/A N/A - N/A N/A - - A
Spine Road Delay N/A N/A 0.0 N/A N/A N/A N/A - N/A N/A - - 0.0
v/c N/A N/A - N/A N/A N/A N/A - N/A N/A - - N/A
Volume 200 23 116 57 24 98 105 913 71 184 1,056 100 2,947
Queen Kaahumanu Hwy& LOS D D A D D A C C A C C A C
Puapuaanui St Delay 51.7 36.6 0.1 42.8 43.4 0.1 34.6 21.3 0.9 28.9 23.3 0.6 22.5
v/c 0.73 0.09 0.07 0.40 0.13 0.10 0.67 0.80 0.10 0.73 0.85 0.09 Max.v/c:0.85
Volume 6 N/A 124 N/A N/A N/A 101 1,124 N/A N/A 1,203 8 2,397
Queen Kaahumanu Hwy& LOS D N/A A N/A N/A N/A B - N/A N/A - - A
Hualalai Rd Delay 28.2 N/A 0.0 N/A N/A N/A 13.0 - N/A N/A - - 0.5
v/c 0.03 N/A - N/A N/A N/A 0.15 - N/A N/A - - N/A
Volume 2 N/A 377 N/A N/A N/A 319 1,087 N/A N/A 1,207 5 2,997PMPeakHour
Kuakini Hwy& LOS E N/A A N/A N/A N/A C - N/A N/A - - AWithProject
2029 Queen Kaahumanu Hwy Delay 46.0 N/A 0.0 N/A N/A N/A 18.5 - N/A N/A - - 2.1
v/c 0.03 N/A - N/A N/A N/A 0.54 - N/A N/A - - N/A
Volume 9 7 1 0 I 100 5 318 112 114 463 16 1,146
Kookier Hwy&Nakukui Dr
LOS D B C A A - - A _ - A
Delay 27.9 11.0 24.7 0.0 8.2 - - 8.5 - - 1.3
v/c 0.09 0.00 0.01 0.01 - - 0.10 - - N/A
Volume N/A N/A 144 N/A N/A N/A N/A 1,089 N/A N/A 1,067 157 2,457
Queen Kaabumanu Hwy& LOS N/A N/A A N/A N/A N/A N/A - N/A N/A - - A
Spine Road Delay N/A N/A 0.0 N/A N/A N/A N/A - N/A N/A - - 0.0
v/c N/A N/A - N/A N/A N/A N/A - N/A N/A - - N/A
36
cyl,P4kx. Pu law Makai
1b( Traffic Impact Analysis Report September 18,2019
Table .SummarySummary of Capacity Analysis
Scenario _ Intersection MOE EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Intersection _
Volume 195 9 75 155 67 241 104 1,042 33 67 1,049 68 3,105
Queen Kaahumanu Hwy& LOS E E A E E A B D A E C A D
Puapuaanui St Delay 73.5 58.2 0.1 75.5 76.4 0.2 16.2 47.7 0.0 58.7 29.0 0.7 39.7
v/c 0.77 0.06 0.05 0.85 0.51 0.17 0.53 0.98 0.02 0.72 0.82 0.07 Max.v/c:0.98
Volume 43 N/A 81 N/A N/A N/A 187 1,400 N/A N/A 1,168 33 2,912
Queen Kaahumanu Hwy& LOS F N/A A _ N/A N/A N/A B - N/A N/A - - A
Hualalai Rd Delay 82.9 N/A 0.0 N/A N/A N/A 14.0 - N/A N/A - - 2.8
v/c 0.61 N/A N/A N/A N/A 0.34 - N/A N/A - - N/A
AM Peak Hour
Volume I N/A 186 N/A N/A N/A 643 1,178 N/A N/A 1,206 9 3,223
With Project
Kuakini Hwy& LOS - N/A A N/A N/A N/A F N/A N/A - - C
2039
Queen Kaahumanu Hwy Delay - N/A 0.0 N/A N/A N/A 71.1 - N/A N/A - - 15.2
v/c - N/A - N/A N/A N/A 1.04 - N/A N/A - - N/A
Volume 21 12 I 0 1 203 12 586 108 45 214 9 1,212
Kuakini Hwy&Nakukui Dr LOS C A C A A A - - A
Delay 22.9 9.4 16.6 0.0 7.7 - - 9.7__ - - 1.7
v/c 0.23 0.00 0.00 0.02 - - 0,06 - - N/A
Volume N/A N/A 112 N/A N/A N/A N/A 1179 N/A N/A 1103 169 2,563
Queen Kaahumanu Hwy& LOS N/A N/A A N/A N/A N/A N/A - N/A N/A - - A
Spine Road Delay N/A N/A 0.0 N/A N/A N/A N/A - N/A N/A - - 0.0
v/c N/A N/A - N/A N/A N/A N/A - N/A N/A - - N/A
Volume 203 23 116 63 25 114 105 1,055 82 210 1,205 100 3,301
Queen Kaahumanu Hwy& LOS E D i A E E A E D A E D A D
Puapuaanui St Delay 64.4 51.3 0.1 64.2 70.2 0.1 75.1 43.3 1.4 74.1 37.3 1.3 39.7
v/c 0.72 0.10 0.07 0.50 0.26 0.11 0.85 0.95 0.12 0.89 0.95 0.09 Max.v/c:0.95
Volume 7 N/A 140 N/A N/A N/A 115 1,274 N/A N/A 1,361 9 2,906
Queen Kaahumanu Hwy& LOS D N/A A N/A N/A N/A B - N/A N/A - - A
Hualalai Rd Delay 34.9 N/A 0.0 N/A N/A N/A 14.8 - N/A N/A - - 0.5
v/c 0.04 N/A - N/A N/A N/A 0.19 - N/A N/A - - N/A
Volume 2 N/A 436 N/A N/A N/A 351 1,240 N/A N/A 1,357 5 3,391
PM Peak Hour
Kuakini Hwy& LOS F N/A A N/A N/A N/A D - N/A N/A - - A
With Project
Queen Kaahumanu Hwy Delay 69.5 N/A 0.0 N/A N/A N/A 26,2 - N/A N/A - - 2.9
2039
v/c 0.04 N/A - N/A N/A N/A 0.67 - N/A N/A - - N/A
Volume 11 81 0 1 107 6 366 112 117 535 20 1,284
Kuakini Hwy&Nakukui Dr
LOS E B D A A - - A - - A
Delay 35.7 11.6 29.3 0.0 8.4 - - 8.8 - - 1.4
v/c 0.14 0.00 0.01 0.01 - - 0.11 - - N/A
Volume N/A N/A 145 N/A N/A N/A N/A 1242 N/A N/A 1217 163 2,767
Queen Kaahumanu Hwy& LOS N/A N/A A N/A N/A N/A N/A - N/A N/A - - A
Spine Road Delay N/A N/A 0.0 N/A N/A N/A N/A - N/A N/A - - 0.0
v/c N/A N/A - N/A N/A N/A N/A - N/A N/A - - N/A
37
EXHIBIT E
Archaeological Inventory Survey Approval Letter
State Historic Preservation Division
TMK: (3) 7-5-17: 01 , 19, 23, 25 and 26
August 27, 2008
n
I my -
LINDALDCLE
GOVERNOR OFEAWAn
w
sNI.. LAURAH.MELD'
CuARPERSCIN
ft BOARD DELANDA]ONANMLISSO19CE5
And
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s+
oaMsTn.ON WAAAE01tCENNAGBE'R
RUSSELL Y.TWA .
FUSTTEPtIrY
KENYDETRD> R•WAR
STATE OF HAWAII
AWADCENIDI
RDA
attgAA
MsuANDocEwRER
AuoN
uESADOFCnVVEYANC
DEPARTMENT OF LAND AND NATURAL RESOURCES ua w..aamEsouRcE MANAGEMENT
CONSELVAIXIN AND CUASTAL.aaID5
cdlSEAvAnON AND RTsaacECENFORCEMENT
STATE HISTORIC PRESERVATION DIVISION E" t°'D
SORESERYAND WIMUFE
601 KAMOKILA BOULEVARD,ROOM 555 R15TOUC PRESERVATION
KAPOLEI,HAWAII 96707
MAMMON
STATF PARKS
August 27,2008
Paul H.Rosenda1-11,Ph.D. LOG NO:2008.3252
President and Principal Archaeologist DOC NO:080811)11
Paul H.Rosendahl,Ph.D.,Inc. Archaeology
224 Waianuinui Avenue
Hilo,Hawaii 97620
Dear Dr.Rosendahl:
SUBJECT: Chapter 6E-42 Historic Preservation Review-
Revised Archaeological Inventory Survey Report,Pualani Makai Project
Puapua a e and 2"Aliupua a,North Kona District,Island of Hawaii
TMX:(3)7-5-17:01,19,23.25 and 26
Thank you for sending copies of replacement pages for the inventory survey report entitled Archaeological
Inventory Survey, PuaIani Makai Project, TMK(3) 7-5-17: 1, 19, 23, 25, 26;PIfRI Report 2290-030104(Carlson
and Rosendahl, June 2004). We understand that these pages were submitted to our office August 30, 2004, in
response to our review ofyour revised report(P.Holly McEldowney letter to Paul Rosendahl,August 13,2004;Log
No. 2004.2491,Doc No. 0408MM09)_We apologize for the delay in responding to your submittal and appreciate
that you have resent these pages for insertion into the revised report.
The replacement pages include Table D-1,revised and updated significance assessments and recommended general
treatments,and a portion of Table D-2,summary of work conducted at specific features since 1991.The bulk of the
sites in-Table D-1 were first reported by your firm in 1990(Archaeological Inventory Survey,Pualani Development
Phase II, Report 764-061190; Carlson and Rosendahl 1990). The recommendations in the updated tables reflect
additional work that was conducted in the project area since 1991.
At this time,we concur with the revised and updated significance assessments and recommended treatments,which
consist of the following:no further work at 34 sites;further data collec tun at 31 sites(6601, 14079, 14081, 14090,
14092, 14094, 14095, 14100, 14101, 14102-14105, 14107-14109, 14111, 14114-14119, 14121, 14122, 14124,
14126-14128, 14131 and 19837); preservation in place for three burial sites (14091, 14124, and 14132); and
preservation as is for a possible ceremonial feature (Site 14123).We now accept this report as final and you may
now proceed with preparation of a data recovery plan,burial treatment plan,non-burial site preservation plan,and
monitoring plan for the project area.
Thank you for bringing the status of this project to our attention.If you have any questions or would like to discuss
the project further,please contact Theresa K.Donham at 808-891-2979.
Aloha,
3f,::g?e
4,.....,
Nancy McMahon,Deputy SI-PO/State Archaeologist
and Historic Preservation Manager
State Historic Preservation Division
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I'Figure D-I.Locations of Subsequent Archaeological Work
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1 111
EXHIBIT F
Draft Land Conveyance Agreement
to
Innovations Public Charter School Foundation
May 17, 2006
ter
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212• Hilo, Hawaii 96720 Planning•Variance•Zoning
Telephone:(808)969-1522• Fax:(808)969-7996 Subdivision•Land Use Permits
E-mail:sidfuke@verizon.net
Environmental Reports
May 17,2006
Honorable Stacy Higa, Chairman
and members of the Council
HAWAII COUNTY COUNCIL
25 Aupuni Street
Hilo, HI 96720
Dear Honorable Stacy Higa and members of the Council:
Subject:Puaa Development,LLC and Suffolk Investment,LLC
Draft School Agreement—Ord.Nos.05-113 and 05-115
TMK: 7=5-17: 1 &19'
Pursuant to the referenced ordinance and the action of your Planning Committee
at its meeting of March 21`,please find enclosed a draft of a conveyance agreement for
your review and approval:
As you review this agreement,please note that the draft suggests that the land be
conveyed in fee rather than leased to the Innovations Public Charter School Foundation.
In the event theschool use is terminated,you will note that there is a reversion or
divestment clause that mandates the transfer of the land and improvements thereon,free
of any encumbrances or debts, within 30 days of such termination to the County of
Hawaii. The County would then be in a position to utilize the site for whatever purposes
it deems appropriate.
I am also enclosing a copy of the Innovations Public Charter School Foundation's
mission statement. This should give you some idea of its financial goals in making the
school a successful one.
Please feel free to contact me when this matter comes up for review. We will
again have representative(s) of Puaa Development, LLC and Suffolk Investment,LLC
and the Innovations Public Charter School present to answer any questions. Thank you
very much ,
cerel
v\L
S Y M. FUKE
Planning Consultant
Enclosures
Copy—Mr. Brian Cook w/o enclosures
Ms. Kate Jacobson,Innovations Public Charter School w/o enclosures
4;1,Innovations
1140.14 Public Charter School
Foundation
75-5815 Queen Ka'ahumanu Hwy,Kailua-Kona, HI 96740 808-327-6205 www.IPCS.info
MISSION STATEMENT
Innovations Public Charter School Foundation, is a tax free, not-for-profit,
501(c)(3), corporation formed in 2003 to encourage and accept gifts and
endowments which advance the priority needs of Innovations Public Charter
School.Funds generated are used to assist incapital and operational projects.
The foundation offers a tax-free avenue for donations, gifts, and bequests,
which are administered in a manner consistent with the wishes of the
benefactors.
Our Mission
The mission of Innovations Public Charter School Foundation is to provide a
vehicle to-build, over time, substantial endowed funds through contributions
both large and small of individuals, families, and organizations for the purpose
of relocating the school to a new site, sustaining that site and providing support
for the school's curriculum and programs.
The IPCS Foundation fulfills its mission by:
o Raising awareness and funds for capital improvements and site
relocation through special events, grants and through education and
publicity about planned giving.
o Attracting donors of philanthropic funds, either in the form of
permanent endowments or one-time contributions.
o Maintaining the purchasing power of funds entrusted to the
Foundation while achieving maximum returns consistent with
prudent investment.
o Making wise and effective distributions to meet the school's needs
while respecting specific directions of donors.
o Providing leadership to the school in identifying problems,
opportunities, and appropriate responses.
AGREEMENT
THIS AGREEMENT,made, executed, and delivered this day of
May 2006,by and between INNOVATIONS PUBLIC CHARTER SCHOOL
FOUNDATION, a Hawaii non-profit corporation organized and established pursuant to
the provisions of the Hawaii Revised Statutes and.sect. 501(c)(3) of the Internal Revenue
Code,hereinafter called the`Buyer",whose address is 76-147A Royal Poinciana Drive,
Kailua-Kona,Hawaii 96740 and Puaa.Development,LLC and Suffolk Investment,LLC,
both Hawaii limited liability companies,hereinafter collectively called the"Seller",
whose address is c/o 78-7021 Kewalo Street, Kailua-Kona, Hawaii 96740:
WITNES SETH:
WHEREAS, County of Hawaii Ordinance Number 05 113 and Ordinance
Number 05 115, attached hereto as.EXHIBITS..".A and"B"and hereinafter referred to as
ordinances",rezoned two contiguous parcels of land identified by TMK: (3) 7-5-17: 1
and 19,Puapua'anui
1st,North Kona, Island of Hawaii, State of Hawaii for the purpose
of developing a multiple-family residential and neighborhood commercial complex;
WHEREAS, Condition U of Ordinance Number 05 113 and Condition V of
Ordinance Number 05 115, which are identical, outlined a process for the development
and use of 5 acres of land within TMK: 7-5-17: 19 and/or TMK: 7-5-17: 23 for a school;
WHEREAS, as part of this process,the applicant was required to solicit the input
of the community and the Hawaii County Council to determine which government
agency or entity would be the recipient and operator of this school site;
WHEREAS,at the March 21, 2006 meeting of the Planning Committee of the
Hawai'i County Council,the Committee did not object to the Seller's recommended
selection of the Buyer as the recipient; and
WHEREAS,this Agreement is designed to outline the respective responsibilities
and obligations of the Buyer and Seller in accordance with the terms of the Ordinances.
NOW, THEREFORE, IT IS HEREBY AGREED,by and between SELLER and
BUYER as follows:
SELLER agrees to do the following_
Prior to the issuance of a building permit for any residential or commercial
structures on TMK: 7-5-17: 02 and 19:
1.Identify and subdivide 5 acres of land within TMK: 7-5-17: 19 and/or
TMK: 7-5-17: 23 for the purpose of this school.
2.Prepare the appropriate construction plans, secure the required
governmental permits, and subsequently construct the necessary
infrastructure to the site, including vehicular access and utility systems,
and as will be more fully described in a Development Agreement between
the parties hereto.
3.Transfer to INNOVATIONS PUBLIC CHARTER SCHOOL
FOUNDATION the above-described 5 acres of land in"Fee Simple
Subject to Divestment to the County of Hawaii"for the sum of$1.00 U.S.
Prior to the issuance of a Certificate of Occupancy for any commercial structures
or Final Inspection Permit for any residential structures on TMK: 7-5-17: 02 and 19,
0
Seller agrees to do as follows,as will be more fully described in a Development
Agreement between the parties hereto:
1. Work with the Buyer in developing a site master plan of the 5-acre school site.
2. Pursuant to the master plan,prepare the appropriate construction plans, secure
the required governmental permits, and subsequently construct or make
the appropriate on-siteland improvements.
3. Prepare the appropriate building plan(s), secure the associated and required
governmental permits, and subsequently construct or cause the
construction of up to $600,000 U.S. of building(vertical) or structural
improvements as may be mutually agreed to between the Seller and Buyer.
BUYER
1.. Shall cooperate fully with the Seller in the implementation of this agreement.
2.Shall operate a responsible and financially-solvent public-charter school
and provide annualreports of its operations and plans to the Seller or the
County of Hawaii, as will be more fully set forth in a Development
Agreement between the parties hereto.
3.INNOVATIONS PUBLIC CHARTER SCHOOL FOUNDATION shall
hold title to the subject property for the sole benefit of INNOVATIONS
PUBLIC CHARTER SCHOOL.
4. Buyer agrees to keep Seller reasonably apprised of liens,mortgages and
encumbrances placed upon the property by Buyer, and to give Seller
reasonable opportunity to make objection thereto, as will be more fully set
forth in a Development Agreement between the parties hereto.
It is understood and agreed to by the Seller and Buyer that, should the school use
of the subject property be terminated for any reason,the land and the improvements
thereon shall automatically divest to the County of Hawaii in fee simple, free of all
encumbrances and liabilities that have a material adverse effect upon the value of the
property. Buyer and Seller shall be jointly and severally responsible to the County of
Hawaii for ensuring that the subject property is transferred to the County of Hawaii free
of such encumbrances and liabilities.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be
executed the day and year first above written.
BUYER SELLER
INNOVATIONS PUBLIC CHARTER SUFFOLK INVESTMENTS,LLC
SCHOOL FOUNDATION A Hawaii Limited Liability Company.
By: BRIAN R. COOK
DEVELOPMENT, INC.
By: Barbara Woerner
Its Authorized Agent
Date: By: Brian R. Cook
Its Authorized Agent
Date:
PUA'A DEVELOPMENT,LLC
A Hawaii Limited Liability Company
By: BRIAN R. COOK
DEVELOPMENT,INC.
By: Brian R. Cook
Its President and Authorized Agent
Date:
EXHIBIT G
Planning Department's Favorable Recommendation
Puaa Development LLC
Change of Zone Application (REZ 04-025)
January 12, 2005
C
RpuaaDev-REZ04-025 jwd 01-12-05
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PUAA DEVELOPMENT,LLC
CHANGE OF ZONE APPLICATION (REZ 04-025)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation of the Change of Zone request be forwarded to the County
Council. Since this recommendation is made without the benefit of comments from the
Department of Transportation,the Director reserves the right to modify and/or alter this position
based upon additional information presented at the public hearing, or because of later
Department of Transportation comments. This favorable recommendation is based on the
following findings:
The applicant is requesting a change of zone for 14.973 acres of land from an
Agricultural (A-5a) to a Neighborhood Commercial (CN-20) district. The applicant is
proposing to develop a neighborhood commercial shopping center to service the needs of
the surrounding residential areas including Pualani Estates and the neighboring
subdivisions along the makai side of Kuakini Highway, as well as the proposed 250-unit
rental housing project adjacent to the subject property. The project would include uses
ranging from financial institutions,restaurants, grocery store, office space and possibly a
gas station. Because the County administration is trying to promote housing in the
Kailua-Kona area, one proposed condition of zoning would require some units of housing
to be developed onsite (housing is a permitted use in a CN zone).
In order to consider an area for any type of zoning designation,the applicable
goals,policies and standards of the General Plan must be adequately addressed._It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County. The proposed development may be permitted provided that applicable goals,
polices and standards of the General Plan are met.
1-
o
The Land Use Pattern Allocation Guide (LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated Urban
Expansion Area,which allows for a mix of high density, medium density, low density,
industrial and/or open designations in areas where new settlements may be desirable,but
where the specific settlement pattern and mix of uses have not yet been determined. The
proposed request is to allow a neighborhood commercial shopping center to service the
needs of the surrounding residential areas. The area under consideration is consistent
with the urban form established for this section of the North Kona District as depicted on
the LUPAG Map.
The proposed request from an Agricultural-5 acre (A-5a) to Neighborhood
Commercial(CN-20) zoned district will conform to the following goals, policies and
standards of the Economic and Land Use Elements of the General Plan.
Economic Element
Provide residents with opportunities to improve their quality of life.
Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
The County of Hawaii shall strive for diversity and stability in its economic
system.
The County shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County's natural
and social environment.
The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
The applicant's objective recognizes the growing development needs for the
region. The applicant is seeking to provide the community with further neighborhood
commercial facilities that take advantage of the site's positive physical and regional
attributes.
2-
The proposed change of zone request would further the County's goals of
providing an economic environment which allows new or existing businesses to expand
and diversify the County's economic base, and thereby also increase the choice of
occupations.
The proposed change of zone request would be consistent with the Land Use
and the Commercial Development Elements of the General Plan. The Land Use
Element provides the primary basis for direct control and guidance of publicly and
privately owned resources. It is also intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. It sets forth goals,
policies, standards and courses of action to accommodate growth without congestion, to
designate and preserve the lands needed for residential use, commercial and visitor
services, industry, agriculture and open space, and to coordinate these uses with the
County's service and circulation systems. The overall Land Use goals,policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. The request would be consistent with the following goals,policies and
standards of the Land Use, Commercial Development, Multiple Family Residential and
Housing Elements of the General Plan:
Land Use Element
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zoned
uses, availability of public services and utilities, access and public need.
3-
Commercial Development
Provide for commercial developments that maximise convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities and
neighborhoods.
Commercial facilities shall be developed in areas adequately served by necessary
services, such as water,utilities, sewers and transportation systems.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
The development of commercial facilities should be designed to fit into the locale
with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
LAND USE—MULTIPLE FAMILY RESIDENTIAL
To provide for multiple residential developments that maximize convenience for
its occupants.
To provide for suitable living environments which accommodate that physical,
social and economic needs of the island residents.
Appropriately zoned lands shall be allocated as the demand for multiple
residential dwellings increases. These areas shall be allocated with respect to
places of employment, shopping facilities, educational, and recreational and
cultural facilities, and public facilities and utilities.
The County shall encourage flexibility in the design of residential sites,buildings
and related facilities to achieve a diversity of socio-economic housing mix and
innovative means of meeting the market requirements.
The rehabilitation and/or utilization of multiple residential areas shall be
encouraged.
Development shall be located in areas where public utilities can be economically
provided at a level adequate to meet the demand for the concentrated service.
HOUSING
4-
V
Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
Attain a diversity of socio-economic housing mix throughout the different parts of
the County.
Maintain a housing supply that allows a variety of choice.
Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires
of families and individuals.
Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background and income.
This proposed neighborhood commercial center would service the retail and
office needs of the immediate surrounding areas, which includes, among others, the
Pualani Estates and Kahakai Estates Subdivisions. With the extension of the Pualani
Estates access road, this road will also provide a direct connection from the mauka
Holualoa area to the proposed shopping area. Proposed uses include financial
institutions, restaurants, a grocery store, office space, and possibly a gas station.
Under the Commercial Development Standards component of the General Plan, a
Neighborhood Center is identified as one of three basic types of shopping centers.
Neighborhood Centers are comprised of 5 to 15 shops, offer convenience goods and
personal services to a market of approximately 3,000 people and are developed on
properties 5 to 10 acres in size. Although the property is larger than 10 acres, a portion of
the property is located within a flood zone and a large portion of the property will be used
for road improvements. Also, a portion of the property will be used for residential
purposes. To avoid the larger"big box" type of commercial developments which might
draw people from outside the region, a condition will be added limiting the gross floor
area to 45,000 square feet for any single commercial business. This 45,000 square foot
5-
limit will allow a large supermarket (generally in the 30,000 square foot range)but not a
Home Depot"type"big box"(generally in the 100,000 square foot range).
The commercial zoning_also allows residential uses as permitted uses. As such, a
condition will be added to require the applicant to pay the fair share contribution for any
residential units that are developed on the subject property.
There may be a concern that commercial development could sprawl along the Belt
Highway. The property to the immediate north is currently zoned A-5a, and appropriate
controls can be put in if that property comes in for zoning. To the south, there is the
narrow triangular area containing the existing self-storage facility,then the Kuakini/Belt
Highway Road intersection. To the south of the intersection, on the makai side, there is
the Sadie Seymour Botanical Garden(Kona Outdoor Circle), then existing residential
developments.
There are issues with respect to the reimbursement of costs between this applicant
and Suffolk Investment, LLC for shared infrastructure. These are not being made a
condition of rezoning because there is a private agreement between the owners regarding
reimbursements.
Based on the above information, it is determined that the request conforms with
the listed goals, policies and standards of the Land Use, Commercial Development and
Economic Elements of the General Plan.
The Kona Regional Plan Land Use Concept Map designates this area for
Residential uses (Res-8). This designation indicates residential uses, up to 8 units per
acre. Although the requested change of zone and proposed development are not
consistent with this designation, it should be noted that the General Plan allows
consideration of commercial zoning to facilitate and/or accommodate the commercial
needs of residential areas. As numerous residential subdivisions have been developed in
the area of the subject property since the publication of the Kona Regional Plan in 1982,
there is a greater demand for the types of services offered by neighborhood commercial
centers.
There are no significant adverse impacts that may be generated by rezoning
of the project site to a Neighborhood Commercial (CN-20) zoned district upon
6-
public utilities and facilities. Potential impacts have been identified and assessed
and appropriate mitigative measures will be incorporated within this favorable
recommendation. Therefore,the request would not unreasonably burden the public
agencies to provide roads and streets,water, drainage,police and fire protection.
Access to the proposed development would be from the extension of the Queen
Kaahumanu Highway,which has a 165 and 225-foot right-of-way. The applicant has
prepared a Traffic Impact Analysis Report(TIAR)to address traffic impacts generated by
the proposed development. The report concluded that there will be a need for traffic
signals with or without this project at the project's main intersection located directly
across from the Pualani Estates Subdivision Road. There will be a need for a left-turn
lane in the northbound direction on the Hawaii Belt Road and possibly a right-turn
deceleration lane will need to be added to improve the operation and safety at the main
intersection. The report also recommended that a right-turn acceleration lane be added at
the secondary entrance located south of the main intersection. The State Department of
Transportation will also require roadway and/or intersection improvements to safely
accommodate the proposed development. All roadways within the proposed
development, including those connecting to adjoining parcels,will be required to meet
with the requirements of the Department of Public Works, and include the installation of
curb, gutter, and sidewalk improvements.
To provide further roadway connectivity in the immediate area, the applicant will
be required to provide a roadway connection to the property to the north. If the property
to the north is developed, the connection will allow access to the Hawaii Belt Road at the
main intersection for this property, thus minimizing the accesses along the Hawaii Belt
Road.
The property is also subject to the conditions listed in the"Declaration Re Road
Construction"recorded with the State of Hawaii Bureau of Conveyances on June 18,
2004 (Doc No. 2004 123556) in connection with the final subdivision approval of
Subdivision No. SUB 2000-0201 (SUB 7814). The declaration states that the declarant is
subject to and burdened by an equitable servitude requiring that the roadway
improvements on and over Easement"1"be completed as required by the Subdivision
7-
Q
Code of the County of Hawaii prior to the time any certificates of occupancy(for non-
residential structures) or final inspections (for residential structures) are issued by the
County of Hawaii with respect to any building permits for improvements on any of the
subdivided Lots in the Property. A condition will be added requiring the applicant to
comply with the conditions of the declaration.
The AE Flood Way Zone, which is a portion of the Waiaha Drainageway
Splitflow#2, affects a portion of the subject parcel as designated by the Flood Insurance
Rate Map (FIRM). The flood way crosses onto the subject property near the middle of
the eastern boundary of the property and runs northwest across the property to the west
makai)boundary. The applicant has filed a Conditional Letter of Map Revision
CLOMR) to allow for improvements and adjustments to the Flood Insurance Rate Map
within the Federal Emergency Management Agency(FEMA) designated floodway on the
subject parcel. The remainder of the property is located within Zone X, area determined
to be outside the 500-year flood plain.
Water is available for the development of a neighborhood commercial center.
The applicant proposes to connect to the County sewer system that extends from Kuakini
Highway and bisects a portion of the subject property. The applicant will be required to
perform an engineering study to determine if the sewer line has adequate capacity to
handle the proposed flows.
As is typical of similar types of rezoning requests, approval of the accompanying
change of zone request will require the applicant to prepare and secure approval of a
Solid Waste Management Plan prior to the issuance of Final Plan Approval for the
proposed multiple family residential development.
Electricity and telephone services are available to the site. The Kealakehe Police
Station is located less than 3 miles north of the project site. There are three fire stations
within 5 miles from the site including Kailua-Kona,Kealakehe, and Puuola. The Kona
Hospital is located in Kealakekua.
The proposed request is not contrary to Chapter 205A,Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The project site is located approximately one mile from the
8-
r
shoreline and will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access to the shoreline or mountain areas that traverses the
property. Thus, it is not anticipated that the proposed request will have any adverse
impact recreational resources in the area. Therefore, no action is necessary to protect
these rights.
The proposed request will not have a significant adverse impact to
traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme
Court's "PASH" and"Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native
Hawaiian gathering and fishing rights must be addressed in terms of the cultural,
historical, and natural resources and the associated traditional and customary practices of
the site:
Investigation of valued resources: The applicant has presented the following
information for the Planning Commission and the County Council to determine the
valued cultural, historical, and natural resources within the area sought for rezoning:
An updated Archaeological Inventory Survey dated June 2004 conducted by Paul
H. Rosendahl Inc.PHRI), who revisited the project site to update a previous
study conducted by PHRI conducted in 1990.
Response letter dated May 28, 2004 from Paul Rosendahl responding to DLNR-
SHPD's review of the revised archaeological inventory survey(
3rd Draft) letter
dated April 20, 2004.
A Botanical Survey dated October 2003conducted by Winona Char of Char and
Associates.
No professional survey was conducted regarding fauna resources.
The valuable cultural, historical, and natural resources found in the rezoning area:
The updated archaeological inventory survey of the subject property and surrounding
properties consisting of approximately 65 acres confirmed and identified 64 sites and 138
features. The sites included platforms, terraces,mounds, modified outcrops, caves, C-
shapes, walls, and a historic period roadway and ranching features. Seventeen (17) sites
were deteimined to be significant for their information content only with a"no further
work"recommendation. Forty(40) sites were determined to be significant for their
9-
d
information content but required further work. The remaining seven(7) sites were
recommended for preservation. Six (6)of the sites were burials or possible burials,while
one(1)non-burial site was a possible significant habitation site. Two (2) of the burials or
possible burials may be within the project site (Sites 14084 and 14126). It is also
proximate to the possible habitation site (Site 114123).
Regarding flora, the botanical survey reports that the property is no longer used
for grazing cattle and Guinea grass now forms a very dense cover, 5 to 6 feet tall,
between the woody components. There are a few native plants on the project site, most
of which occur on the rocky outcroppings. These are uhaloa, ilihee, ilima(Sida fallax),
koali awa, and ala ala wai nui. None of the plants recorded on the project site is a
threatened and endangered species or a species of concern.
Regarding fauna resources, the applicant believes that the faunal resources would
consist of bird species common to the area such as the Spotted Dove, Japanese White-
eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs,
and other animals like rats and mongoose are also common.
Possible adverse effect or impairment of valued resources:
The applicant will be required by conditions to implement the recommended
treatments for the archaeological sites on the property to preserve the valued
archaeological resources of the area.
Regarding flora and fauna,none of the identified plants are considered
endangered or listed on the National or State Historic Registers. The botanical survey
concluded that the proposed development is not expected to have a significant negative
impact on the botanical resources. There are no botanical reasons to impose any
restrictions, conditions, or impediments to the proposed use of the site.
The property is not adjacent and/or proximate to the shoreline. As such, gathering
of marine life, fishing and coastal access is not an issue.
Feasible actions to protect native Hawaiian rights: There has been a survey and
an updated survey conducted to identify and protect the resources located on site. In a
letter dated April 20, 2004 from the Department of Land and Natural Resources-Historic
Preservation Division to Paul Rosendahl responding to the 3rd Draft of the revised
10-
archaeological inventory survey, DLNR requests additional information and
recommendations for a final review and approval of the significance assessments and
recommended mitigation treatments. Paul Rosendahl sent a response letter dated May
28, 2004 identified as the 4th Draft responding to DLNR's comments. DLNR has yet to
send an approval letter. Conditions of approval will require the applicant to prepare a
Burial Treatment Plan and preserve the burials in place. According to the applicant,
access to the burials by lineal descendants will be made available.
Based on the above findings, approval of this change of zone request from
Agricultural (A-5a) to Neighborhood Commercial(CN-20) zoned district would result in an
appropriate land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map),
Chapter 25 (Zoning Code) of the Hawaii County Code is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
11-
SidneyFuke, Planning Consultant
Ans7
miw 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 Planning•Variance•zoning
Telephone:(808)969-1522 Cell:(808)989-0640 Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net Environmental Reports
January 22, 2020
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee: 3
Subject:Kona Community Development Plan D
Time Extension and Amendments to Rez. Ord. Nos. 05-115 a
APPLICANT—Puaa Development LLC
Puapua'a 1st and 2nd,North Kona,Hawaii,TMK: 7-5-017: 001
I would like to use this means to provide additional information regarding the
project's compliance and/or relationship to the Kona Community Development Plan
CDP"). In summary:
The development of the CDP was driven by eight(8) guiding principles.
These were
o Protect Kona's natural resources and culture
o Provide connectivity and transportation choices
o Provide housing choices
o Provide recreation opportunities
o Direct future growth patterns toward compact villages, preserving
Kona's rural, diverse, and historical character
o Encourage a diverse and vibrant economy emphasizing agriculture
and sustainable economies
o Promote effective governance
While the CDP provided recommended processes—some of them through the
use of incentives -to implement the objectives of the Plan, it did not dismiss
the use of other conventional or existing processes. This was made clear in
the recent amendments to the CDP through the use of terms such as
encourage", "guidelines", and the like. In the end, realization of the guiding
principles and broader community goals and objectives sought by the Plan
was deemed to be paramount.
rt
The subject proposed mixed use commercial-residential project, as well as its
adjoining proposed rental housing project, were taken into account during the
preparation of the CDP. During that process, it was recognized that this area
and the proposed developments would be an ideal area for a Neighborhood
Transient Oriented Development("TOD") and hence so earmarked on the
Official Kona Land Use Map (Figure 4-7) of the CDP. (See attache
ANNED
Planning Dept AN ? 4 21120
Exhibit 2 01 c i
Mr. Michael Yee, Director
January 22, 2020
Page 2
Thus, even without an"official"designation via legislative action, its function
as a TOD by the CDP is clear and unmistakable.
The project, when allowed to be fully implemented, will address the pertinent
CPD's"guiding principles"noted above. These include providing
connectivity and transportation choices (with the construction of a new spine
road between Kuakini Highway and the extension of the Queen Ka'ahumanu
Highway); housing choices (rental and for sale); compact village (mixture of
commercial and residential uses); appropriate infrastructure and facilities
sewer,water, and drainage—such as a new culvert at the extension of the
Queen Ka'ahumanu Highway and a retention basin within the subject and an
adjoining property); and opportunity for a more sustainable economy(through
the creation of an employment base proximate to residences)
Finally, if needed,to address other recommended"processing"guidelines for
TODs, conditions can be attached as part of the rezoning process. In that
regard, some suggestions will be noted later on.
By way of background,the subject project was considered and subsequently
entitled via the subject rezoning ordinance in 2005. This project—as well as the
adjoining Suffolk Development, LLC multiple family residential project-was taken into
account in the CDP,which was ultimately adopted on September 25, 2008 and its
amendment in 2019. This is plainly evident in Figure 4-2d(Official Transportation
Network Map—Nani Kailua Area)which identifies the project's interior spine road as a
new connector road between Kuakini Highway and the extension of the Queen
Ka'ahumanu Highway. Further Figure 4-7 (Official Kona Land Use Map) identifies this
area as the Kahului-Puapua'a Village Neighborhood Transit Oriented Development area.
Clearly,then, its development would implement and/or fulfill, among others,the
infrastructure and land use objectives of the CDP.
The Transportation element(Section 4.1)notes that the CDP"serves as a guide
for County decisions regarding transportation systems. Its objectives,policies, and
actions establish a transportation-oriented basis for future development that is integrated
with the Land Use section, as well as the Public Facilities, Infrastructure and Services
section of the Kona CDP. In addition, it provides guidance for concurrency and
connectivity of transportation facilities with future development to ensure that all
communities are adequately served." (Emphasis added) Further, in its Overall Strategy
Section 4.1.2), it notes that "increasing connectivity between and within existing and
future development are necessary to enhance mobility in Kona."
As noted above, Figure 4-2d(Official Transportation Network Map—Nani Kailua Area)
identifies this new road connection between Kuakini Highway and the extension of
the Queen Ka'ahumanu Highway within the proposed project. It is specifically identified
as road 29 on the Kahalui-Puapua'a Village Concurrency Table. Inasmuch as
Mr. Michael Yee,Director
January 22, 2020
Page 3
development of the project will result in the construction and County dedication of this
road and at no cost to the County will unequivocally fulfill and implement this strategy
and policy of the CDP.
The preface of the Land Use element(Section 4.2) states that the CDP "serves as
a policy guide for County decisions regarding physical development. It establishes
suggestedframeworkfor future growth by identifying the County's major policies
concerning the type and location offuture development in order to meet the goals and
objectives of the Kona CDP." (Emphasis added)
As with the Transportation element,this section also provides an Overall Strategy
and makes the following points:
The overall strategy is to provide a regional framework that encourages urban
and rural growth in the form of compact,village-style development.
The framework includes incentivized"tools"to encourage growth towards the
TODs by providing design flexibility and facilitating processing.
The goals, objectives,policies, and actions"do not override or invalidate
existing zoning".
The policies,however, may be implemented through a combination of
changes of zone,time extension on existing zoning requiring County Council
action, and a number of other land use entitlement processes.
Pursuant to that strategy,there are Goals, Objectives, Policies,and Actions
Section 4.2.3). In that regard,the subject site is consistent with the County General Plan
Policy LU-1.4), Official Kona Land Use Map(Policy LU-1.1), and TODs Identified
Policy LU-2.3). Relative to the TOD,the subject property is identified as being a
portion of the Kahului-Puapua'a Village TOD Floating Zone and while NOT
MANDATED, should be encouraged to serve or function as a TOD.
Policy LU-2.4 relating to TOD Floating Zone describes how,through the use of
the Project District rezoning process,can become fixed. The Project District process
requires a minimum of 50 acres, which is considerably more than the 14+acres of this
project. And thus, this avenue is not available.
Notwithstanding the inability to have this area"officially" designated a
Neighborhood TOD through the Project District rezoning process, it was nonetheless
recognized from its inception on the CDP as a TOD site and as such, can function as a
TOD site. This is unlike other areas that were only broadly identified on the Official
Kona Land Use Map (Policy LU-2.3) such as Kalaoa Village, Kahalu'u Makai Village,
and Pu'a-Waiaha Village where it becomes a bit more challenging to clearly establish or
define a TOD.
Mr. Michael Yee,Director
January 22,2020
Page 4
In that spirit,the project's land use plan reflects this TOD concept. It incorporates
a transit center,provides much needed connectivity,provides housing,addresses the
area's drainage issue, and provides goods and services to the proposed and immediately
surrounding communities.
Like with the other broadly or amorphously defined TODs, in considering future
land use actions surrounding the subject area,the TOD concept can be gradually
implemented without having to rely only on one master developer entitled with a Project
District zoning. The point here is that the spirit and concept of a TOD can be realized not
only by one master developer who has control over 50 acres but multiple landowners
whose respective project and,under the guidance of the County planners, collectively
arrive at the same land use destination. Such an approach or attitude could help
implement the objectives of the CDP.
In that regard,the following conceptual conditions could be considered in
furtherance of implementing the TOD concept:
The subject site shall be considered a Neighborhood Transient Oriented
Development site. (In so doing,this policy statement via an ordinance could
then be used to when considering other land use changes adjoining or
proximate to this area.)
Plans for Plan Approval shall address the Village Design Guidelines of the
Kona Community Development Plan.
To reiterate, if allowed to develop,this project will go a long way towards
implementing the CDP by addressing the needs of the community in the form of much
needed housing,road connectivity, drainage improvements, employment, and service to
the immediate and surrounding communities. It will also initiate the process for the
functional establishment and gradual development of the Kahului-Puapua'a
Neighborhood TOD.
Should you have questions on this matter, please feel free to direct them to me.
Thank you very much.
Sincerel
S DNEY M. FUKE
Planning Consultant
Enclosure—Neighborhood TOD Map(Figure 4-2D)
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SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawai'i 96720 Planning•Variance•Zoning
Telephone:(808)969-1522 Cell:(808)989-0640 Subdivision•Land Use Permits
iijral
E-mail:sidfuke@hawaiiantelnet Environmental Reports
February 4, 2020
r
ry
Mr. Michael Yee, Director
Planning Department P
J'
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee: r 1 i-
4
t-+
Subject:Supplementary Developer Information
Time Extension and Amendments-Rez. Ord. Nos.05-115
APPLICANT—Puaa Development LLC
Puapua'a
1st
and 2°d,North Kona,Hawai'i,TMK: 7-5-017: 001
This is in response to your staff's email request for additional information
regarding the applicant and/or developer's ability to develop the property and need for
the additional time.
Please be informed that the prospective and principal developer of this as well as
the housing project proposed by Suffolk Investment, LLC is a diversified private
investment company based in Eugene, Oregon called Spring Capital Group ("SCG").
Over the past thirty(30)years, SCG has developed, partnered,and invested in
commercial, residential, and resort-related projects in North Dakota, Oregon,
Washington, California, and Hawaii. Projects in Hawaii have included residential
projects at both Kuki'o and the Mauna Lani Resort. More information regarding its
developments can be found in its website at http://www.springcapitalgroup.com.
If the rezoning time extension is approved, Puaa Development LLC may partner
with SCG,although,as noted earlier,the principal will be SCG.
The request calls for project commencement within five(5)years and completion
within ten(10)years. As with most developments of this size/scale,the 5-year
completion window is a difficult feat. There is a need for plans to be prepared and let
alone approved by multiple government agencies. While the developer has some
measure of control over the plan preparation process, it has absolutely no control over its
review/approval time. In this situation,approvals will still be needed from a minimum of
twelve(12) governmental entities before any construction can begin. These include the
1) State Historic Preservation Division;2) State Department of Transportation; 3)
possibly Federal Emergency Management Agency; 4) State Department of Health; 5)
County Department of Public Works - Engineering; 6) County Department of Public
Works—Building; 7)County Department of Water Supply; 8) County Fire Department;
9) County Planning Department; 10) County Department of Wastewater Management;
Planning Dept.
Exhibit 2., 13107 0
Mr. Michael Yee, Director
February 4, 2020
Page 2
11) County Office of Housing and Community Development; and 12)possibly County
Council for any fair share credits.
And in spite of this protracted construction plan preparation and approval
processes,the developer must also deal with financing and the vagaries of the global
economy that could affect the project's construction viability during certain periods. For
example, it was the global recession that began in 2008 which lasted for a number of
years that adversely affected the applicant's initial ability to proceed with construction of
the project,even after expending nearly a million dollars in construction plans. We have
also witnessed the abrupt economic slowdown resulting from the severe acute respiratory
syndrome(SARS)epidemic that began in 2003 and now, its twin,the coronavirus. The
point here is that there are unpredictable circumstances—be it geopolitical,pandemic,
and so forth-that affect the global economy and in turn, any developer's ability to timely
develop,let alone, complete a project.
That is the primary reason the applicant is requesting the 5-year commencement
and 5-year completion window. Such a phased in requirement would enable the County
to better monitor the progress and intention of the developer as opposed to a flat"x-
period"completion date.
Finally, we would like to emphasize that during this period while no physical
construction has occurred,the applicant has expended considerable"soft"funds. As
noted earlier,nearly a$1 million was spent for more detailed land use planning and
especially preparation of infrastructure construction plans for this as well as the adjoining
residential project proposed by Suffolk Development, LLC. Additionally, over$1.3
million in real property taxes was paid over the past fifteen(15)years, with not a single
year's payment being missed. This year's payment alone is$104,000.
We trust that the aforementioned adequately responds to your request for
information regarding the potential developer and added reasons for the requested time
extension. If not or if there any additional comments or questions,please let me know.
Thank you very much.
ncerely,
SIDNEY M. FUKE
Planning Consultant
Copy—Puaa Development LLC
DCCA State of Hawaii
Downloaded on January 31,2020.
The information provided below is not a certification of good standing and does not constitute any other certification by the State.
Website URL:http://hbe.ehawaii.gov/documents
Business Information
MASTER NAME PUA'A DEVELOPMENT, LLC
BUSINESS TYPE Domestic Limited Liability Company (LLC)
FILE NUMBER 7258 C5
STATUS Active
PLACE INCORPORATED Hawaii UNITED STATES
REGISTRATION DATE Apr 5, 2001
MAILING ADDRESS 828 FORT STREET
SUITE 310
HONOLULU, Hawaii 96813
UNITED STATES
MANAGED BY MANAGER(S)
AGENT NAME DENNIS M LOMBARDI
AGENT ADDRESS 737 BISHOP ST STE 2600
HONOLULU, Hawaii 96813
UNITED STATES
Annual Filings
FILING YEAR DATE RECEIVED STATUS
2019 Apr 3, 2019 Processed
2018 Apr 13, 2018 Processed
2017 Jun 7, 2017 Processed
2016 Jun 14, 2016 Processed
2015 Apr 14, 2015 Processed
2014 Oct 31, 2014 Processed
2013 Apr 29, 2013 Processed
2012 Jul 26, 2012 Processed
2011 Apr 16, 2011 Processed
2010 Apr 5, 2010 Processed
2009 Sep 14, 2609 Processed
2008 Apr 16, 2008 Processed
2007 Dec 11, 2007 Processed
2006 Dec 11, 2007 Processed
2005 May 16, 2005 Processed
2004 May 16, 2005 Processed
2003 Jun 25, 2003 Processed
2002 Not Required
2001 Jul 29, 2002 Processed
Officers Planning Dept.
7-",-vt"sIb'fir 3
NAME OFFICE DATE
I SCHULER,JAMES K MGR Dec 31, 2001
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Parcel Information
Parcel Number 750170010000
Location Address
Project Name Waiaha 1st-Puapuaanui 1st
Property Class COMMERCIAL
Neighborhood Code 7521-3
Legal Information LOT 2 14.973 AC DES POR RP 6716 POR LCAW 4887:2
Land Area(acres) 14.9730
Land Area(approximate sq ft) 652,224
View Map
Plat(TM K)Maps
Owner Information
Owner Names Mailing Address
PUA'A DEVELOPMENT LLC Fee Owner PUA'A DEVELOPMENT LLC
C/O BRIAN R COOK
75-5660 KOPIKO ST STE C7
KAILUA KONA HI 96740 3122
Assessment Information
Show Historical:Assc,smruts
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 COMMERCIAL $9,729,600 $0 $9,729,600 $0 0 $9,729,600 $9,729,600 0 9,729,600
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 COMMERCIAL $9,729,600 $0 $9,729,600 $0 0 $9,729,600 $9,729,600 0 9,729,600
2018 COMMERCIAL $9,445,500 $0 $9,445,500 $0 0 $9,445,500 $9,445,500 0 9,445,500
2017 COMMERCIAL $9,259,000 $0 $9,259,000 $0 0 $9,259,000 $9,259,000 0 9,259,000
2016 COMMERCIAL $8,902,900 $0 $8,902,900 $0 0 $8,902,900 $8,902,900 0 8,902,900
2015 COMMERCIAL $8,902,900 $0 $8,902,900 $0 0 $8,902,900 $8,902,900 0 8,902,900
2014 COMMERCIAL $8,902,900 $0 8,902,900 $0 0 $8,902,900 $8,902,900 0 8,902,900
2013 COMMERCIAL $9,326,800 $0 $9,326,800 $0 0 $9,326,800 $9,326,800 0 9,326,800
2012 COMMERCIAL $11,479,100 $0 9,392,000 $0 0 $11,479,100 $9,392,000 0 9,392,000
2011 COMMERCIAL $11,479,100 $0 $11,479,100 $0 0 $11,479,100 $11,479,100 $0 $11,479,100
2010 COMMERCIAL $13,044,500 $0 9,962,200 $0 0 $13,044,500 $9,962,200 0 9,962,200
2009 COMMERCIAL $13,044,500 $0 $13,044,500 $0 0 $13,044,500 $13,044,500 $0 $13,044,500
2008 COMMERCIAL $13,044,500 $0 $13,044,500 $0 0 $13,044,500 $13,044,500 $0 $13,044,500
Land Information
Property Class Square Footage Acreage Agricultural Use Indicator
COMMERCIAL 652,224 14.973
Bldg Division Permit and Inspections Information
Permit Permit Permit Permit Estimated Inspection Inspection
Date Type Number Reason Permit Description Cost Date Status Permit Status
4/4/2006 Electrical E2006-0437K New PUALANI ESTATES S/D TRAFFIC SIGNAL 197,600 9/15/2006 COMPLETED COMPLETED
SYSTEM
As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties,expressed or implied,are provided for the
data herein,its use or its interpretation,and accuracy.
Sales Information
Sale Instrument Instrument Date Land Court Document Cert Conveyance Document
Sale Date Amount Instrument# Type Description Recorded Number # Book/Page Tax Type
02/26/2010 0 OTHER Grant of easement 03/05/2010 0 Grant of
easement
06/04/2004 0 OTHER Mapping Change 06/04/2004 Mapping
Change
06/02/2004 $9,500,000 04-123557 FEE Warranty Deed 06/18/2004 9500 Warranty
CONVEYANCE Deed
03/01/2004 0 04-044170 FEE Correction deed 03/03/2004 0 Correction
CONVEYANCE deed
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09/27/2002 $2,626,715 02-173215 FEE Warranty Deed 09/30/2002 2626.7 Warranty
CONVEYANCE Deed
05/18/2001 $79,700 01-077927 FEE Warranty Deed 05/24/2001 79.7 Warranty
CONVEYANCE Deed
04/11/2001 0 Mapping Change Mapping
Change
10/24/2000 0 00-158978 FEE Warranty Deed 11/13/2000 462.00 Warranty
CONVEYANCE Deed
12/31/1992 0 9400185932 FEE Quitclaim deed 11/14/1994
CONVEYANCE
1.00 Quitclaim
deed
12/30/1992 0 9300015806 FEE Warranty Deed 01/29/1993 2000.00 Warranty
CONVEYANCE Deed
02/12/1988 0 8800028346 FEE Deed 03/01/1988 21680/700 862.50 Deed
CONVEYANCE
Current Tax Bill Information
Original Taxes Tax Net
Tax Period Description Due Date Assessment Credits Tax Penalty Interest Other Amount Due
2019-2 Real Property Tax 02/20/2020 0.00 $0.00 $52,053.36 $0.00 $0.00 $0.00 $52,053.36
Tax Bill with Interest computed through 01/31/2020 0.00 $0.00 $52,053.36 $0.00 $0.00 $0.00 $52,053.36
Pay online at http://payments.ehawaii.gov/propertytax/hawaii
Other Payment Options Click Here
Historical Tax Information
Payments Amount
Year Tax and Credits Penalty Interest Other Due
O 2019 104,106.72 52,053.36) 0.00 0.00 0.00 52,053.36
O 2019 101,066.85 101,066.85) 0.00 0.00 0.00 0.00
O+ 201' 99,071.30 99,071.30) 50.00) 11.00)0.00 0.00
O+ 2019 89,474.15 89,474.15) 0.00 0.00 0.00 0.00
0 2015 89,474.15 89,474.15) 0.00 0.00 0.00 0.00
O 2010 89,474.15 89,474.15) 0.00 0.00 0.00 0.00
O 2013 93,734.34 93,734.34) 0.00 0.00 0.00 0.00
I 2012 104,459.81 104,459.81) 0.00 0.00 0.00 0.00
O Zoll 104,459.81 104,459.81) 0.00 0.00 0.00 0.00
O 2010 118,704.95 118,704.95) 0.00 0.00 0.00 0.00
O+ 2000 117,400.50 117,400.50) 0.00 0.00 0.00 0.00
O+ 2008 117,400.50 117,400.50) 0.00 0.00 0.00 0.00
0+ 300' 103,311.90 103,311.90) 0.00 0.00 0.00 0.00
0+ 2009 84,528.00 84,528.00) 0.00 0.00 0.00 0.00
O 2005 3,199.28 3,199.28) 0.00 0.00 0.00 0.00
Ot 2004 100.00 100.00) 0.00 0.00 0.00 0.00
l 2003 100.00 100.00) 0.00 0.00 0.00 0.00
O+ 2002 100.00 100.00) 5.00) 0.55)0.00 0.00
O 2001 5,706.00 5,706.00) 4.80) 5.28)0.00 0.00
O 2000 5,755.00 5,755.00) 575.50) 961.77)0.00 0.00
Map
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2/13/2020 qPublic.net-Hawai'i County,HI-Report:750170230000
Parcel Information
Parcel Number 750170230000
Location Address
Project Name Waiaha 1st-Puapuaanui 1st
Property Class AGRICULTURAL
Neighborhood Code 7599-5
Legal Information LOT 414.915 AC DES POR RP 6716 POR LCAW 4887:2
Land Area(acres) 14.9150
Land Area(approximate sq ft) 649,697
View Map
Plat(TM K)Maps
Owner Information
Owner Names Mailing Address
PUA'ADEVELOPMENTLLC Fee Owner PUA'A DEVELOPMENT LLC
C/O BRIAN R COOK
75-5660 KOPIKO ST STE C7
KAILUA KO NA HI 96740 3122
Assessment Information
Shmti historical:Asses,ments
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 AGRICULTURAL $758,100 0 758,100 $0 0 $758,100 $758,100 0 758,100
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 AGRICULTURAL $758,100 0 758,100 $0 ' $0 $758,100 $758,100 0 758,100
2018 AGRICULTURAL $743,000 0 743,000 $0 0 $743,000 $743,000 0 743,000
2017 AGRICULTURAL $747,900 0 747,900 $0 0 $747,900 $747,900 0 747,900
2016 AGRICULTURAL $688,500 0 688,500 $0 0 $688,500 $688,500 0 688,500
2015 AGRICULTURAL $752,800 0 752,800 $0 0 $752,800 $752,800 0 752,800
2014 AGRICULTURAL $752,800 0 752,800 $0 0 $752,800 $752,800 0 752,800
2013 AGRICULTURAL $743,500 0 743,500 $0 0 $743,500 $743,500 0 743,500
2012 AGRICULTURAL $743,500 0 743,500 $0 0 $743,500 $743,500 0 743,500
2011 AGRICULTURAL $836,500 0 836,500 $0 0 $836,500 $836,500 0 836,500
2010 AGRICULTURAL $836,500 0 836,500 $0 0 $836,500 $836,500 0 836,500
2009 AGRICULTURAL $929,400 0 929,400 $0 0 $929,400 $929,400 0 929,400
2008 AGRICULTURAL $929,400 0 929,400 $0 0 $929,400 $929,400 0 929,400
Land Information
Property Class Square Footage Acreage Agricultural Use Indicator
AGRICULTURAL 649,697 14.915
Sales Information
Sale Instrument Instrument Date Land Court Document Cert Conveyance Document
Sale Date Amount Instrument# Type Description Recorded Number # Book/Page Tax Type
06/04/2004 0 OTHER Mapping Change 06/04/2004 Mapping
Change
06/02/2004 $9,500,000 04-123557 FEE Warranty Deed 06/18/2004 9500 Warranty
CONVEYANCE Deed
03/01/2004 0 04-044170 FEE Correction deed 03/03/2004 0 Correction
CONVEYANCE deed
09/27/2002 $2,626,715 02-173215 FEE Warranty Deed 09/30/2002 2626.7 Warranty
CONVEYANCE Deed
10/24/2000 0 00-158978 FEE Warranty Deed 11/13/2000 462.00 Warranty
CONVEYANCE Deed
12/31/1992 0 9400185932 FEE Quitclaim deed 11/14/1994 1.00 Quitclaim
CONVEYANCE deed
12/30/1992 0 9300015806 FEE Warranty Deed 01/29/1993 2000.00 Warranty
CONVEYANCE Deed
02/12/1988 0 8800028346 FEE Deed 03/01/1988 21680/700 862.50 Deed
CONVEYANCE
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Current Tax Bill Information
Original Taxes Tax Net
Tax Period Description Due Date Assessment Credits Tax Penalty Interest Other Amount Due
2019-2 Real Property Tax 02/20/2020 0.00 $0.00 $3,544.12 $0.00 $0.00 $0.00 $3,544.12
Tax Bill with Interest computed through 01/31/2020 0.00 $0.00 $3,544.12 $0.00 $0.00 $0.00 $3,544.12
Pay online ath0t. I i, ren _I,ati.ian. v. p,iry Iriiv4ai;
Other Payment Options Cli<k 1-icre
Historical Tax Information
Payments Amount
Year Tax and Credits Penalty Interest Other Due
1, 7,088.24 3,544.12)0.00 0.00 0.00 3,544.12
E 'oft 6,947.05 6,947.05)0.00 0.00 0.00 0.00
C girl- 6,992.87 6,992.87)0.00 0.00 0.00 0.00
O 2016 6,368.63 6,368.63)0.00 0.00 0.00 0.00
O 1115 6,963.40 6,963.40)0.00 0.00 0.00 0.00
111 201,1 6,963.40 6,963.40)0.00 0.00 0.00 0.00
O 2013 6,877.38 6,877.38)0.00 0.00 0.00 0.00
O 2012 6,208.23 6,208.23)0.00 0.00 0.00 0.00
O 2011 6,984.78 6,984.78)0.00 0.00 0.00 0.00
O 2010 6,984.78 6,984.78)0.00 0.00 0.00 0.00
El '009 7,760.49 7,760.49)0.00 0.00 0.00 0.00
D+ 200s 7,760.49 7,760.49)0.00 0.00 0.00 0.00
O+ 2007 7,760.49 7,760.49)000 0.00 0.00 0.00
O 2006 8,623.05 8,623.05)0.00 0.00 0.00 0.00
OO 2007 3,195.34 3,195.34)0.00 0.00 0.00 0.00
El2004 100.00 100.00)0.00 0.00 0.00 0.00
O 2001 100.00 100.00)0.00 0.00 0.00 0.00
O 2002 100.00 100.00) 5.00) 0.55) 0.00 0.00
OO 2001 2,524.00 2,524.00) 2.50) 2.75) 0.00 0.00
C 2000 2,549.00 2,549.00) 254.90) 426.54) 0.00 0.00
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2/13/2020 qPublic.net-Hawai'i County,HI-Report:750170260000
Parcel Information
Parcel Number 750170260000
Location Address
Project Name Waiaha 1st-Puapuaanui 1st
Property Class AGRICULTURAL
Neighborhood Code 7599-5
Legal Information LOT 3 14.964 AC DES POR RP 6816 POR LCAW 4887:2
Land Area(acres) 14.9640
Land Area(approximate sq ft) 651,832
View Map
Plat(TMK)Maps
Owner Information
Owner Names Mailing Address
PUA'A DEVELOPMENT LLC Fee Owner PUA'A DEVELOPMENT LLC
C/O BRIAN R COOK
75-5660 KOPIKO ST STE C7
KAILUA KONA HI 96740 3122
Assessment Information
O Shue,I lisuurical.Assessments
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 AGRICULTURAL $759,300 0 759,300 $0 0 $759,300 $759,300 0 759,300
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 AGRICULTURAL $759,300 0 759,300 $0 0 $759,300 $759,300 0 759,300
2018 AGRICULTURAL $744,100 0 744,100 $0 0 $744,100 $744,100 0 744,100
2017 AGRICULTURAL $749,100 0 749,100 $0 0 $749,100 $749,100 0 749,100
2016 AGRICULTURAL $689,400 0 689,400 $0 0 $689,400 $689,400 0 689,400
2015 AGRICULTURAL $753,500 0 753,500 $0 0 $753,500 $753,500 0 753,500
2014 AGRICULTURAL $753,500 0 753,500 $0 0 $753,500 $753,500 0 753,500
2013 AGRICULTURAL $744,200 0 744,200 $0 0 $744,200 $744,200 0 744,200
2012 AGRICULTURAL $744,200 0 744,200 $0 0 $744,200 $744,200 0 744,200
2011 AGRICULTURAL $837,200 0 837,200 $0 0 $837,200 $837,200 0 837,200
2010 AGRICULTURAL $837,200 0 837,200 $0 0 $837,200 $837,200 0 837,200
2009 AGRICULTURAL $930,200 0 930,200 $0 0 $930,200 $930,200 0 930,200
2008 AGRICULTURAL $930,200 0 930,200 $0 0 $930,200 $930,200 0 930,200
Land Information
Property Class Square Footage Acreage Agricultural Use Indicator
AGRICULTURAL 651,832 14.964
Sales Information
Sale Instrument Instrument Date Land Court Document Cert Conveyance Document
Sale Date Amount Instrument# Type Description Recorded Number # Book/Page Tax Type
06/04/2004 0 OTHER Mapping Change 06/04/2004 Mapping
Change
06/02/2004 $9,500,000 04-123557 FEE Warranty Deed 06/18/2004 9500 Warranty
CONVEYANCE Deed
03/01/2004 0 04-044170 FEE Correction deed 03/03/2004 0 Correction
CONVEYANCE deed,
09/27/2002 $2,626,715 02-173215 FEE Warranty Deed 09/30/2002 2626.7 Warranty
CONVEYANCE Deed
10/24/2000 0 00-158978 FEE Warranty Deed 11/13/2000 462.00 Warranty
CONVEYANCE Deed
12/31/1992 0 9400185932 FEE Quitclaim deed 11/14/1994 1.00 Quitclaim
CONVEYANCE deed
12/30/1992 0 9300015806 FEE Warranty Deed 01/29/1993 2000.00 Warranty
CONVEYANCE Deed
02/12/1988 0 8800028346 FEE Deed 03/01/1988 21680/700 862.50 Deed
CONVEYANCE
https://qpublic.schneidercorp.com/Application.aspx?AppID=1048&LayerlD=23618&PageTypelD=4&PagelD=9878&Q=1745292055&KeyValue=75017... 1/3
2/13/2020 qPublic.net-Hawai'i County,HI-Report:750170260000
Current Tax Bill Information
Original Taxes Tax Net
Tax Period Description Due Date Assessment Credits Tax Penalty Interest Other Amount Due
2019-2 Real Property Tax 02/20/2020 0.00 $0.00 $3,549.73 $0.00 $0.00 $0.00 $3,549.73
Tax Bill with Interest computed through 01/31/2020 0.00 $0.00 $3,549.73 $0.00 $0.00 $0.00 $3,549.73
Pay online athtti i 7yi.;er .,htw lii. r pJi3,-(tyLI, ht,',
Other Payment Options Click Here
Historical Tax Information
Payments Amount
Year Tax and Credits Penalty Interest Other Due
H 7,099.46 3,549.73)0.00 0.00 0.00 3,549.73
u 'uI. 6,957.34 6,957.34)0.00 0.00 0.00 0.00
El 2,u- 7,004.09 7,004.09)0.00 0.00 0.00 0.00
O 2016 6,376.95 6,376.95)0.00 0.00 0.00 0.00
O+ 2015 6,969.88 6,969.88)0.00 0.00 0.00 0.00
O 2014 6,969.88 6,969.88) 0.32) 0.04) 0.00 0.00
E 2013 6,883.85 6,883.85)0.00 0.00 0.00 0.00
O 2012 6,214.07 6,214.07)0.00 0.00 0.00 0.00
O 2011 6,990.62 6,990.62)0.00 0.00 0.00 0.00
E 'bio 6,990.62 6,990.62)0.00 0.00 0.00 0.00
O 2.009 7,767.17 7,767.17)0.00 0.00 0.00 0.00
O 2005 7,767.17 7,767.17)0.00 0.00 0.00 0.00
El 21)07 7,767.17 7,767.17)0.00 0.00 0.00 0.00
Cl 3006 8,630.56 8,630.56)0.00 0.00 0.00 0.00
O 2005 3,198.30 3,198.30)0.00 0.00 0.00 0.00
El ?001 100.00 100.00)0.00 0.00 0.00 0.00
O 2001 100.00 100.00)0.00 0.00 0.00 0.00
O 2002 100.00 100.00) 5.00) 0.55) 0.00 0.00
Cl 2001 1,165.00 1,165.00) 2.50) 2.75) 0.00 0.00
O 2000 1,165.00 1,165.00) 116.50) 193.52) 0.00 0.00
Map
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2/13/2020 gPublic.net-Hawai'i County,HI-Report:750170390000
Parcel Information
Parcel Number 750170390000
Location Address
Project Name Waiaha 1st-Puapuaanui 1st
Property Class COMMERCIAL
Neighborhood Code 1100
Legal Information LOT 12.022 AC DES POR RP 6716 POR LCAW 4887:2
Land Area(acres) 2.0220
Land Area(approximate sq ft) 88,078
View Map
Plat(TM K)Maps
Owner Information
Owner Names Mailing Address
PUA'A DEVELOPMENT LLC Fee Owner PUAA DEVELOPMENT LLC
75-5660 KOPIKO ST STE C7
KAILUA KONA HI 96740 3122
Assessment Information
EL Shus., Ili storical:l sscssments
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 COMMERCIAL $100 0 100 0 0 100 100 100 0
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption Taxable
Year Property Class Value Use Value Value Value Value Value Value Value Value
2019 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2018 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2017 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2016 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2015 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2014 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2013 COMMERCIAL $100 0 100 0 0 100 $100 100 0
2012 AGRICULTURAL $100 0 100 0 0 100 $100 100 0
2011 AGRICULTURAL $100 0 100 0 0 100 $100 100 0
2010 AGRICULTURAL $100 0 100 0 0 100 $100 100 0
2009 AGRICULTURAL $100 0 100 0 0 100 $100 100 0
2008 AGRICULTURAL $100 0 100 0 0 100 $100 100 0
Land Information
Property Class Square Footage Acreage Agricultural Use Indicator
COMMERCIAL 88,078 2.022
Sales Information
Sale Instrument Instrument Instrument Date Land Court Document Cert Conveyance Document
Sale Date Amount Type Description Recorded Number # Book/Page Tax Type
02/26/2010 0 OTHER Grant of easement 03/05/2010 0 Grant of
easement
06/08/2006 $100 06-123860 FEE Correction deed 07/06/2006 0 Correction
CONVEYANCE deed
02/23/2006 0 06-045795 FEE Correction deed 03/10/2006 0 Correction
CONVEYANCE deed
06/04/2004 0 OTHER Mapping Change 06/04/2004 Mapping
Change
06/02/2004 $9,500,000 04-123557 FEE Warranty Deed 06/18/2004 9500 Warranty
CONVEYANCE Deed
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2/13/2020 qPublic.net-Hawai'i County, HI-Report:750170390000
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02/13/2017
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COUNTY OF HAWAII 4=• STATE OF HAWAII
BILL NO. 32
Draft 3
ORDINANCE NO. 05 1.15
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CI IANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES
A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA'AIKI 1ST AND
PUAPUA`ANUI Isl. NORTII KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:1.
BE IT ORDAINED BY TI IF COUNCIL OF THE COUNTY OF I lAWA1`I:
SECTION I. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code. is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Puapua`aiki
14
and
Puapua`anui
1st, North Kona, Ilawai`i shall be Neighborhood Commercial (CN-20):
Beginning at the Northwesterly corner of this parcel of land, being also along Lot 1, same
being also along Royal Patent 1669, Land Commission Award 8516-B, Apana 3 to
Kamaikui, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAIIELO", being 792.90 North and 3,701.58 East and running by
azimuths measured clock ise from True South:
1 . 2520 15' 50" 25.39 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B. Apana 3 to
Kamaikui;
2. 247° 49' 30" 51.21 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui:
3. 257° 53' 30" 70.98 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
1 Planning Dept.
Exhibit
4. 259° 17' 10" 52.07 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui:
5. 253° 38' 40" 70.53 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
6. 257° 47' 15" 34.22 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
7. 240° 35' 40" 69.30 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
8. 249° 07' 20" 38.23 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
9. 252° 23' 50" 80.60 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
10. 262° 55' 50" 18.49 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
11. 250° 14' 10" 39.46 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
2-
12. 260° 20' 00" 55.26 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui:
13. 247° 18' 30" 25.50 feet along the middle of an ancient
stonewall. being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
14. 259° 48' 15" 24.04 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
15. 241° 02- 45" 13.13 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
16. 334° 11' 11" 1381.91 feet along Lot 1 of Pualani Makai, being
also along the remainders of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams and Royal Patent
7819, Land Commission Award 8559-B,
Apana 8 to William C. Lunalilo, (Certificate
of Boundaries No. 159);
17. 244° 11' 11" 100.00 feet along Lot 1 of Pualani Makai, being
also along the remainder of Royal Patent
7819, Land Commission Award 8559-B,
Apana 8 to William C. Lunalilo, (Certificate
of Boundaries No. 159) and along the
Westerly side of Hawai`i Belt Road (F.A.P.
No. 11A-03-69):
18. 334° 11' 11" 425.10 feet along the Westerly side of Hawaii Belt
Road(F.A.P. No. 11A-03-69);
19. 49° 30' 40" 36.94 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
3-
20. 64° 16' 30" 30.78 feet along the middle of an old stonewall,
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
21. 76° 57' 00" 33.90 feet along the middle of an old stonewall.
being also along of Royal Patent 4475, Land
Commission Award 7713. Apana 43 to
Victoria Kamamalu;
22. 78° 13' 40" 95.23 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
23. 58° 19' 30" 38.20 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
24. 66° 28' 10" 25.69 feet along the middle of an old stonewall.
being also along Royal Patent 4475, Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
25. 58° 20' 15" 12.14 feet along the middle of an old stonewall.
being also along Royal Patent 4475. Land
Commission Award 7713, Apana 43 to
Victoria Kamamalu;
26. 148° 23' 30" 259.96 feet along Lot 1 (Tank Site), being also
along the remainder of Royal Patent 7819,
Land Commission Award 8859-B, Apana 8
to William C. Lunalilo (Certificate of
Boundaries 159);
27. 58° 23' 30" 56.33 feet along Lot 1 (Tank Site), being also
along the remainder of Royal Patent 7819,
Land Commission Award 8859-B, Apana 8
to William C. Lunalilo (Certificate of
Boundaries 159);
28. 154° 11' 11" 369.99 feet along Lot 3 of Pualani Makai, being
also along the remainder of Royal Patent
7819, Land Commission Award 8859-B.
Apana 8 to William C. Lunalilo (Certificate
of Boundaries 159);
4-
29. 64° l 1' 11" 75.00 feet along Lot 3 of Pualani Makai, being
also along the remainder of Royal Patent
7819, Land Commission Award 8859-B,
Apana 8 to William C. Lunalilo (Certificate
of Boundaries 159);
30. 154° 11' 11" 416.00 feet along Lots 3 and 5 of Pualani Makai,
being also along the remainders of Royal
Patent 7819, Land Commission Award
8559-B, Apana 8 to William C. Lunalilo,
Certificate of Boundaries No. 159) and
Royal Patent 6716, Land Commission
Award 4887, Apana 2 to Thomas Sams;
31. 244° 11' 11" 285.00 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
32. 154° 11 ' 11- 98.00 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
33. 64° 11' 11" 123.00 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
Thence, along Lot 5 of'Pualani Makai, being also along the remainder of Royal
Patent 6716, Land Commission Award
4887, Apana 2 to Thomas Sams on a curve
to the right with a radius of 56.00 feet, the
chord azimuth and distance being:
34. 94° 15' 20.5" 56.12 feet;
5-
Thence, along Lot 5 of Pualani Makai, being also along the remainder of Royal
Patent 6716, Land Commission Award
4887, Apana 2 to Thomas Sams on a curve
to the left with a radius of 1669.00 feet, the
chord azimuth and distance being:
35. 11 1° 23' 00" 747.57 feet;
36. 98° 26' 30" 37.85 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
37. 185° 25' 00" 181.16 feet along Lot 5 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams to the point of
beginning and containing an area of 14.973
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, Ilawai`i County Code, 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, its successors or assigns shall be responsible for complying with all
stated conditions of approval.
6-
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department
of Water Supply within ninety days from the effective date of this ordinance. The
applicant shall finalize the allocation of water commitments sufficient to allow the
proposed development prior to Final Plan Approval.
C. Construction of the proposed development shall he completed within five (5)
years from the effective date this ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements).
D. No single commercial business may contain more than 45,000 square feet in gross
floor area.
F. If Department of Transportation requires an amended Traffic Impact Analysis
Report (TIAR), it shall be submitted to the Department of Transportation for
review and approved prior to the issuance of Final Plan Approval. All accesses,
including roadway and/or intersection improvements, shall meet with the approval
of the Department of Transportation.
F. The applicant, successors, or assigns shall improve the intersection at the
principal access on the Hawaii Belt Road at the north end of T.M.K. No. 7-5-17:1,
at the Pualani Estates Subdivision Road, including, but not limited to, a
7-
deceleration and exclusive left-turn lane into T.M. K. No 7-5-17: 1. Intersection
improvements shall be as required by the Department of Transportation. The
applicant shall pay for the cost of upgrading the traffic signal lights at the
intersection of the Ilawaii Belt Road and the Pualani Estates Subdivision Road to
accommodate 4-way traffic. Said improvements, plus the main spine road
through the Pualani Estates Subdivision to Hualalai Road, shall be completed
prior to the issuance of a certificate of occupancy for non-residential structures or
final inspection of any residential structures.
G. The applicant, successors, or assigns shall construct a right-turn deceleration lane
and a right-turn acceleration lane at the secondary entrance located south of the
main intersection meeting with the approval of the State Department of
Transportation, and any other improvements that may be required by the DOT. If
DOT opposes the use of the second access to the commercial development, all
access shall be from the northern access point. Otherwise, the southern access
shall he limited to right-in, right-out movements only. Said improvements shall
be completed prior to the issuance of a certificate of'occupancy for non-residential
structures or final inspection of any residential structures.
H. The applicant, successors, or assigns shall be subject to the "Declaration Re Road
Construction" recorded with the State of Hawai'i Bureau of Conveyances on June
18, 2004 (I)oc No. 2004 123556) and shall improve "Easement 1" to County
dedicable standards with curbs, gutter and sidewalk improvements meeting with
the approval of the Department of Public Works, prior to the issuance of any
certificates of occupancy for non-residential structures or prior to any final
inspections for residential structures, from Kuakini Highway to Lot 1, SUB 7814
the frontage road lot). The applicant, successors or assigns shall also complete
the road connection from Easement "1" to the main project intersection, including
bridging the floodway, to County dedicable standards, and from Easement "1" to
the southerly project access. to County dedicable standards, prior to the issuance
of a certificate of occupancy for non-residential structures or final inspection for
any residential structures.
8-
1.Access to Kuakini I lighway, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works. An exclusive
left turn lane and a right turn deceleration lane shall be provided on Kuakini
Highway at the Easement I access road approach. The access shall align with the
opposing entry to Kahakai Estates Subdivision. Requirement improvements may
include, but not be limited to, pavement and shoulder widening, pedestrian
activated cross walk lights, drainage improvements and relocation of utilities. A
system of dry wells shall be installed to address existing local drainage on the
mauka side of Kuakini Highway flowing to the proposed access approach. Said
improvements shall be completed prior to the issuance of a certificate of
occupancy for non-residential structures or final inspection of any residential
structures on the subject site.
J.The applicant, successors, or assigns shall provide an casement to the property to
the north ( FMK: 7-5-17:2)to permit that property to access the main project
intersection. The easement shall have a minimum width of 60-feet, and be in a
location meeting with the approval of the Department of Public Works. The
designation of this easement and its terms shall be established prior to the
issuance of a certificate of occupancy for non-residential structures or final
inspection of any residential structures.
K. The main spine mauka/makai road within the proposed development shall be
improved to County dedicable standards with curbs, gutter and sidewalk
improvements and if accepted by the County, a bike path, prior to issuance of a
certificate of occupancy. The applicant shall provide necessary easements for
road and drainage improvements in favor of T.M. K. No. 7-5-17: 19 so that the
property can be developed independently of T.M. K. No. 7-5-17: 1. The
applicant, its successors, or assigns shall convey its interest in the easement and
all improvements therein to the County upon their completion.
L. Install streetlights, signs and markings meeting with the approval of the
9-
Department of Public Works.
M. A drainage study shall be prepared and submitted for the review and approval of
the Department of Public Works prior to the issuance of Final Plan Approval. If
deemed necessary by the Department of Public Works, the appropriate Federal
Emergency Management Agency (FEMA) clearances and/or approvals shall be
secured prior to issuance of any land disturbance permit affecting the area covered
by the work within the "AE" zone or the corrected effective base flood plain. The
applicant shall construct all necessary drainage improvements including the flood
channel prior to the issuance of a certificate of occupancy for non-residential
structures or final inspection of any residential structures.
N. The proposed flood channel shall be maintained in private ownership and a
maintenance program for the channel shall be submitted to the Department of
Public Works for their review and approval.
O. No residential or commercial structures shall be constructed within areas
designated "AE" or"shaded"Zone"X"by Flood Insurance Rate Maps(FIRM)as
amended by any applicable LOMR. Restrictive covenants in the deeds of all
single family residential lots shall give notice of the terms of this rezoning
condition. No single-family residential lots may be created which lack a
buildable area. This restriction may be removed by amendment of this ordinance
by the County Council. If appropriate, a copy of the proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of Final Subdivision
Approval, A copy of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances.
P. A National Pollutant Discharge Elimination System(NPDES) permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
1 0-
Q. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
R. The applicant shall perform an engineering study to determine if the sewer line
has adequate capacity to handle the proposed flows, and shall upgrade the sewer
line if necessary. Sewer lines shall be installed within the development to connect
with the County's sewer system, meeting with the approval of the Department of
Environmental Management, and prior to the issuance of a Certificate of
Occupancy.
S. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
T. A Data Recovery Plan and an Archaeological Preservation and Burial Treatment
Plan shall be submitted for the review and approval of the Planning Director, in
consultation with the Department of Land and Natural Resources — State Historic
Preservation Division (DLNR-SHPD). Proposed mitigation treatment for the
burial sites within the subject property shall be approved by the SHPD's Hawai`i
Island Burial Council before detailed mitigation plans are finalized for these sites.
A copy of the approved Final Archaeological Preservation and Burial Treatment
Plan shall be submitted to the Planning Director for its files prior to submitting
plans for Final Plan Approval review or prior to the issuance of any land
alteration permits, whichever occurs first.
U. Should any remains of historic sites, such as rock walls, terraces,platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resource —
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
I I-
V. As represented by the applicant, within ninety (90) days after the effective date of
this ordinance, the applicant shall solicit the input of the State Department of
Education (DOE), community, and County Council to determine which
government agency or entity, such as a DOE-certified "public charter" school,
would be the recipient of this school site, The school site and any improvements
thereon shall be conveyed via lease to the identified recipient for$1.00 for the
duration of the lease, with the understanding that said entity or agency would he
able to secure additional funds as may be necessary to have a school opened prior
to or in conjunction with the issuance of a residential occupancy permit on the
subject property. Further, should the school use be terminated for any reason, the
land and improvements thereon shall he conveyed in fee to the County of Hawaii
at no cost within thirty (30) days of the date of termination.
Within sixty (60) days of the identification of the receiving agency or entity, a
draft of an agreement reflecting the terms outlined in this ordinance, shall be
submitted to the County Council for its review and approval.
As further represented by the applicant, the applicant, successors, or assigns shall,
1) prior to the issuance of a building permit for any residential or commercial
structures on the subject site, a) subdivide and dedicate or cause the dedication of
5 acres of land within the T.M.K. 7-5-17: 19 and/or T.M.K. 7-5-17: 23 for a
school site to the State DOl', or a DOE-certi lied "public charter"; and b) provide
the necessary infrastructure to the site, including vehicular access and utility
systems; and 2) prior to the issuance of a Certificate of Occupancy for any
residential structures on the subject site, make the necessary on-site land
improvements for the school and associated playground area, as well as construct
or cause the construction of up to $600.000 of building or structural
improvements as may be mutually agreed to between the applicant and the
receiving agency or entity. These improvements are designed to facilitate the
opening of a school prior to the occupancy of any residential structures on the
subject property.
12-
W. If the applicant, successors, or assigns develop residential units on the subject
property, 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 prior to receipt of Final Plan Approval. The fair
share contribution for each lot shall be based on the actual number of residential
units developed. The fair share contribution in a form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years atter the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a maximum
combined value of$6,206.06 per multiple family residential unit($9,671.44 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:
I. $3,061.27 per multiple family residential unit ($4,663.74 per single family
residential unit)to the County to support park and recreational improvements
and facilities;
2. $96.75 per multiple family residential unit($224.98 per single family
residential unit) to the County to support police facilities;
3. $297.62 per multiple family residential unit ($444.36 per single family
residential unit) to the County to support fire facilities;
4. $132.65 per multiple family residential unit ($194.55 per single family
residential unit) to the County to support solid waste facilities; and
13-
5. $2,617.77 per multiple family residential unit ($4,143.81 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by
the proposed development, suhject to the review and recommendation of the
Planning Director. upon consultation with the appropriate agencies and
approval of the County Council. Improvements to the drainage as it crosses
under Kuakini Highway, the road improvements at the Kuakini Highway
intersection, and the mauka/makai spine road up to the entrance of the
proposed rental housing project shall be credited against the road fair share.
Relative to the requirements for the school as outlined in Condition U, the
value of land— which shall be based on the per acre purchase cost of the
applicant -, the cost of the infrastructure (road and utility) to the subject site,
and the cost of site preparation for the school and playground area shall be
credited against the park and recreation fair share. The construction of any
structures on the subject site shall be credited against the balance, if any, of
the park and recreation fair share of this ordinance and/or any future park and
recreation fair share requirement for'I'.M.K. 7-5-17: 23 and 26.
X. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
Y. The project shall include housing. At least 50 residential units shall be under
actual construction, with completion assured by security approved by the
Planning Director, before the issuance of a certificate of occupancy for any
commercial structures. An additional 50 units shall be constructed if all the
commercial uses exceed 60.000 square feet of gross floor area. The additional
14-
units shall be under actual construction, with completion assured by security
approved by the Planning Director, before the issuance of a certificate of
occupancy for commercial structures exceeding a cumulative total of 60,000
square feet of gross floor arca on the project site.
Z. 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, llawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to final
subdivision approval or final plan approval, whichever occurs first. The housing
requirement shall be met by the provision of affordable housing onsite, and not by
use of any affordable housing credits generated offsite or by any in-lieu fees.
AA. The applicant shall comply with all applicable County, State and Federal laws.
rules, regulations and requirements.
BB. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year
may be extended for up to one additional year).
15-
5. If the applicant should require an additional extension of time, the Planning
Director shall submit the applicants request to the County Council for
appropriate action.
CC. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
1 /Itts i moi'-',:.>s.. I - I
COUNCIL O,MBER, cr. Y OF -AWAII
Ce7C• II
49
I
COUNCIL MEM rjr, COUNTY OF HA AI'l
Hilo , I lawai`i
Date of Introduction: July 7 , 2005
Date of 1st Reading: July 7 , 2005
Date of 2nd Reading: July 22, 2005
Effective Date: August 5, 2005
107.3Comm.
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eet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO NEIGHBORHOOD COMMERCIAL (CN-20)
AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:001 Date: September 24, 2004
EXHIBIT "A" Puaa Development, LLC:1146)
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Introduced By: Pete Hotfmann/Y:. Angel Pilago ROLL CALL VOTE
Date Introduced: July 7, 2005 AYES '
i_.
NOES ABS EX
First Reading: July 7, 2005 Arakaki X
Published: July 17, 2005 Higa X
Hoffmann X
REMARKS Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
Second Reading: Ju.1 y 22, 2005
To Mayor: July 25, 2005 ROLL CALL VOTE
Returned: August 5 . 2005 AYES NOES ABS EX
Effective: August 5, 2005 Arakaki X
Published: August 11, 2005 Higa X
Hoffmann X
REMARKS. Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0 0
I DO HEREBY CERTIFY that the.foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEG/ L1TY:
CC)U CIL CHAIRMAN
i.i ^ 'L' CjC' c (.f
DEPV CORPORATION COUNSEL
COUNTY OF HAWAII L. . ..-----C.... S..
j'. ,'' COUNTY CLERK
Date ,.//'. . 4.
Bill No.:
32 (Draft 3)
4'`` Reference:
C-107 .3/PC-27
pprovec Disapproved this S day
n 20 0 S
Ord No.: O5 115
A YOR, U TY OF HAWAII
DAVIDY.IGE e °, q JADET.BUTAY
GOVERNOR94::"
1....
i,”.ca` .-rr): `
i.,.;''.:
DIRECTOR
i
yr ,it i'r ,y-lI in Deputy Director -
k. 1 t # `'
LYNN A.S.ARAKI REGAN .
t.r't ,ih.(\,,,,,.DEREK J.CHOW
r,_ o ' ROSS M.HIGASHI:, '
EDWIN H.SNIFFEN-',,
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION STP 19-131=
869 PUNCHBOWL STREET HWY-PS 2.1899
HONOLULU, HAWAII 96813-5097 A; -
January 16, 2020
w
Mr. Michael Yee
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3 r.)
Hilo, Hawaii 96720
Dear Mr. Yee:I
Subject: Amendment to Change of Zone Ordinance No. 05-115 (REZ 04-000025)
Puaa Development, LLC
Pualani Makai Master Planned Community
North Kona, Hawaii
Tax Map Key: (3) 7-5-017:001
Puaa Development, LLC proposes to develop the subject parcel as the commercial portion of the
Pualani Makai Master Planned Community. An adjacent parcel (3) 7-5-017:019 is being
developed by Suffolk Investment, LLC, as the residential portion of the planned community.
The land use entitlements for the two parcels have proceeded separately but concurrently and the
conditions attached to the entitlements are similar. There is a concurrent request for Amendment
to Change of Zoning for Ordinance No. 05-113 that is being reviewed by the Hawaii Department
of Transportation (HDOT).
The HDOT has not provided substantive comment on the proposed action since our letter of
January 21, 2005 during the State Land Use (SLU-04-009)Boundary Amendment application
and the Change of Zone application review.
The subject amendment proposes to update specific conditions of the Ordinance to request time
extensions for key milestones, clarify language, reflect completion of some conditions, and
address changes to land use laws. The proposed commercial development on the parcel has not
changed substantively; however, it currently incorporates a public bus transfer station, 100
multi-family residential units and a reduction of 20,000 square feet of commercial space.
SCANNED
Planning Dept. JAN 2 3 2020
Exhibit b_ 43440443m..
Mr. Michael Yee HWY-PS 2.1899
January 16, 2020
Page 2
There continue to be two proposed intersections with Queen Kaahumanu Highway (Hawaii Belt
Road, State Route 11). The primary access would be at the northern end of the master plan area
and opposite the Puapuaanui Street intersection with Queen Kaahumanu Highway. A secondary
access would be approximately 1,100 feet south of the primary access at the proposed Spine
Road intersection, subject to HDOT approval of a new access on State highways. Spine Road
would extend between Queen Kaahumanu Highway and Kuakini Highway (County jurisdiction).
We have the following comments on the proposed Amendment to Change of Zoning relevant to
State highways:
1. Condition E. first sentence: "If the Department of Transportation requires an amended
Traffic Impact Analysis Report(TZAR), it shall be submitted to the Department of
Transportation for review and approval prior to the issuance of Final Plan Approval."
The amendment recommends deleting this sentence; however, HDOT recommends the
following sentence replace the existing sentence: "An updated Traffic Impact Analysis
Report(TIAR), dated October 2019, was prepared for the Pualani Makai Mixed-Use
Development and will be provided to HDOT for review and acceptance prior to issuance
of Final Plan Approval."
The updated TIAR was included with the proposed Amendment but HDOT review and
acceptance of the updated TIAR was not specifically requested with the Amendment
review. We are not providing TIAR comments at this time. Please submit the TIAR
under separate cover for HDOT to facilitate routing to and review by various branches
within HDOT.
Condition E. second sentence: HDOT concurs with the proposed edits: "All accesses
including road and/or intersection improvements affecting State highways, shall meet
with the approval of the Department of Transportation."
2. Condition F. HDOT concurs with the proposed minor edits: "The applicant, successors,
or assigns shall improve the intersection at the principal access on the Hawaii Belt Road
at the north end of T.M.K.:No. 7-5-17: 1 at the Pualani Estates Subdivision Road,
including but not limited to, a deceleration and exclusive left-turn lane into T.M.K.
No. 7-5-17: 1. The applicant shall pay for the cost of upgrading the traffic signal lights at
the intersection of the Hawaii Belt Road and the Pualani Estates Subdivision Road to
accommodate 4-way traffic meeting with the approval of the Department of
Transportation and/or County Department of Public Works. Said improvements{;mss
shall be
completed prior to the issuance of a certificate of occupancy for non-residential structures
or final inspection of any residential structures."
c '
Mr. Michael Yee HWY-PS 2.1899
January 16, 2020
Page 3
3. Condition G.No changes were proposed to Condition G. "The applicant, successors, or
assigns shall construct a right-turn deceleration lane and a right-turn acceleration lane at
the secondary entrance located at the south of the main intersection meeting with the
approval of the State Department of Transportation, and other improvements that may be
required by the DOT. If DOT opposes the use of the second access to the commercial
development, all accesses shall be from the northern access point. Otherwise,the
southern access shall be limited to right-in, right-out movements only. Said
improvements shall be completed prior to the issuance of a certificate of occupancy for
non-residential structures or final inspection of any residential structures."
The updated TIAR should include two scenarios in the event HDOT does not approve the
secondary access, as follows: 1)Use of primary and secondary accesses and 2)Use of
primary access only. Although the recommended primary access intersection
improvements of Condition G are consistent with HDOT comments of 2005,they are
subject to change, pending HDOT review of the updated TIAR.
If you have any questions, please contact Jeyan Thirugnanam, Systems Planning Engineer,
Highways Division, Planning Branch at (808) 587-6336 or by email at
jeyan.thirugnanam@hawaii.gov. Please reference file review number PS 2019-165.
Sincerely,
4 id/
JADE T. BUTAY
Director of Transportation
LINDA LINGLE SE o F yq RODNEY K.HARAGA
GOVERNOR
w y
P 1959 9 DIRECTOR
175 9 n\{ 1'tt P f Eu 1511:4-1 Deputy Directorsu. _lir atz;BRUCE Y.MATSUI
BARRYFUKUNAGA
I' I qQ
o ° BRIAN H.SEKIGUCHI
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET STP 8.1514HONOLULU, HAWAII 96813-5097
January 21, 2005
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Puaa Development, LLC
State Land Use Boundary Amendment Application(SLU 04-009) and
Change of Zone Application (REZ 04-025)
TMK: 7-5-17: 1
Thank you for your transmittal requesting our review of the subject applications.
We are concerned about the adverse cumulative impacts of this development and adjacent
developments (i.e., Suffolk Investment and Pualani Estates) on Queen Kaahumanu Highway.
We have the following comments.
1. The traffic report concludes and recommends that improvements will be necessary at the
two proposed accesses to Queen Kaahumanu Highway(i.e., at the Queen
Kaahumanu/Pualani Subdivision Road and another access south of that intersection).
The applicant should be responsible to plan, design, and construct these improvements, at
no cost to the State. Cost sharing with adjacent developers is encouraged.
Improvements will include, but not be limited to, channelization; acceleration,
deceleration and storage lanes; and traffic signalization and street lighting.
2. Please note that while we agree in concept with the recommended improvements
contained in the report, the information to adequately assess the assumptions and
projections to deteiniine the specific configuration and layout of the improvements is
lacking. As such, the applicant may be required to supplement and/or revise the TIAR
during the review and approval of the accesses, and other permitting and construction
plans.
065254,
Mr. Christopher J. Yuen STP 8.1514
Page 2
January 21, 2005
3. Plans for construction work within/or adjoining our highway right-of-way, along with
required and applicable environmental and construction permits, must be submitted to our
Highways Division for review and approval. In light of comment 2 above, presubmittal
consultation is encouraged.
4. A request for access to Queen Kaahumanu Highway should be submitted to our
Highways Division Rights-of-Way Branch (ROW). A use and occupancy agreement or
easement with the Highways Division for all proposed utilities within the highway right-
of-way will also need to be executed.
5. The applicant should coordinate and submit the drainage study for the proposed project,
with appropriate plans and calculations, to our Highways Division for review and
approval.
6. The applicants should participate and contribute its fair share of regional and local
transportation improvements as determined by our department and/or the county.
We appreciate this opportunity to provide our comments.
Very truly yours,
ROD = . GA
Director of Transportation
DAVID Y.IGE o BRUCE S.ANDERSON PhD.GOVERNOR OF HAWAII q y-
a
DIRECTOR OF HEALTH1.9.5 g•e •,9
E'
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
o
MEMORANDUM
DATE: January 27, 2020 a
7 c-1
TO: Mr. Michael Yee t
Planning Director, County of Hawaii
FROM: Eric Honda Or
District Environmental Health Program Chief
SUBJECT: Amendment to Change Zone Ordinance No. 05-115 (REZ-04-000025)
Applicant: Puaa Development. LLC
Request:Amendment to Condition B,C,E,F,H,I,V,W,Y,Z,BB
TMK: 7-5-017:001
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on December 11, 2019. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
Permit Issuance
Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
A Section 401 Water quality Certification (WQC) is required if your
project/activity:
Requires a federal permit, license, certificate, approval, registration, or PlanningDept.Statutory exemption; and p
May result in a discharge into State waters. The term "discharge" is h°`
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:SCANNED,.."solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes gy7
JAN 3 1 2020
Michael Yee
o,/ January 27, 2020
0 Page2of4
1:1 biological materials, industrial wastes, concrete/sealant/epoxy, and
tlvvashing/cleaning effluent.
l''
7-3
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https://eha-cloud.doh.hawaii.goviepermit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CW13 website at: http://health.hawaii.00v/cub/.
0 National Pollutant Discharge Elimination System (NPDES)permit coverage is
required for:
Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through
ix) and (xi).
Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
thee-Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/epermit/.
fi. i
o Michael Yee
January 27, 2020
Page 3 of 4
A Notice of Intent (NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov/cwb/.
According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
O Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and finding
opportunities, please visit: www.hawaii.gov/doh/poll utedrunoffcontrol.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1.The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
t. •
Michael Yee
January 27, 2020
Page 4 of 4
2.Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
The subject project is located within or near proximity to the County sewer system. All
wastewater generated shall be disposed into the County sewer system. Wastewater Branch
supports the sewer requirements made by the County tr the proposed project.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
OF WATERS
W4 r GAiOf'
19• 49;
s DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
aP 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAII 96720FHAWAn'.
TELEPHONE (808)961-8050 • FAX(808)961-8657
January 8, 2020
r-•,a
r
TO: Mr. Michael Yee, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
ry
SUBJECT: Change of Zone Ordinance No. 05-115 (REZ 04-000025)
Request—Amendment to Conditions B, C,E, F, H, I,V,W, Y, Z and BB
Applicant—Pua'a Development,LLC
Tax Map Key 7-5-017:001
We have reviewed the subject request and have the following comments.
Please be informed that the subject parcel and parcels included in SUB-07-000610 are subject to the
Settlement Agreement and Release" (SETTLEMENT) of March 17, 2004, which provides a water
commitment for 510 units of water at an average of 400 gallons per day, per unit. The water
commitment consists of 368 units of water from the "Kealakekua Source Agreement" and 142 units of
water that are subject to conditions in the SETTLEMENT, with no expiration date. However, there is
a water commitment deposit required for the 142 units of water.
In 2008, the applicant had provided an assignment of water units for each proposed lot within
SUB-07-000610. The subject parcel will be subdivided into Lots 1, 6, and 8 in SUB-07-00610. Due
to the multiple agreements for water commitments, we request that the applicant revise the assignment
of water units and identify which agreement the water units are from, as the conditions for the water
commitments differ.
Also to justify the amount of water required for each lot, we request the applicant to submit estimated
maximum daily water usage calculations, prepared by a professional engineer licensed in the State of
Hawai`i, for review and approval. The water usage calculations should include the estimated
peak flow in gallons per minute and the total maximum daily water use in gallons per day.
Upon acceptance of the water usage calculations, we will determine the amount of water units, water
commitment deposit due, facilities charges to be paid, and water system improvements required for
water service.
Planning Dept.
Exhibit
IAN. . . Water, Our Most PreciousI jResource . . . Ka Wai.A bane . .
1, 1 3 0 4 1TheDepartmentofWaterSupplyisanEqualOpportunityproviderandemployer. A7_;
Mr. Michael Yee, Director
Page 2
January 8, 2020
Please note that the Department of Water Supply acknowledges that potable water is Hawai`i Island's
most precious resource and encourages our communities to promote water conservation and reserve
the highest quality of water for the most valuable end use, which is the sustenance of life.
We request that the applicant address the demand of drinking water for landscape irrigation use by
limiting or reducing the demand, such as:
Supplying water by alternate methods (i.e. rainwater catchment, reclaimed or reuse water). The
County of Hawai`i, Department of Public Works, and/or State of Hawai`i, Department of
Health has guidelines, recommendations, or regulations regarding these types of systems.
Design landscape to use water-efficient plants that are drought-tolerant, native, or appropriate
to the local environment, principles of Xeriscape.
Select appropriately-sized turf areas, use healthy soils with the appropriate grading to reduce
storm-water runoff, include shaded areas, and limit the use of high water-using plants such as
turf grass.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Sincerely yours,
61/.frmmolo
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg
copy - Pua'a Development, LLC
Mr. Sidney Fuke, Planning Consultant
JMtYOf
h ..
1IJ/g
David Yamamoto P.E.Harry Kim
Mayor Director
Allan G.Simeon,P.E.Roy Takemoto Deputy DirectorManagingDirector
Clintlfg .initiat
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street,Suite 7 Hilo,Hawaii 96720-4224 r `-
808)961-8321 •Fax(808)961-8630
wT m
public_works@hawaiicounty.gov
a
MEMORANDUM
Date: December 18, 2019
r
To:Michael Yee, Planning Director
From: Department of Public Works, Engineering Division
Subject:Amendment to Change of Zone Ordinance No. 05-115 (REZ 04-000025)
Applicant: Puaa Development, LLC
Request:Amendment to Condition B (Time to Pay Water Deposit),
Condition C (Time to Complete Construction), Condition E (delete
Requirement for Supplemental TIAR), Condition F (Roadway
Improvements-Modify/Delete Portions that have been already
implemented), Condition H (Location of Spine Road within Project
Site), Condition I (Kuakini Highway Improvements), Condition W
Fair Share), Condition Y (Affordable Housing Timing), Condition
Z (Change Housing Program Approving Authority), and Condition
BB (Administrative Time Extension)
Tax Map Key: 7-5-017:001
We have reviewed the subject application and our comments are as follows:
1. Amendment to Conditions H and I: The access to Kuakini Highway shall align with the
opposing entry to Kahakai Estates Subdivision or the applicant shall coordinate with the
developer of the Sunstone Development located on TMKs 7-5-019:049, 050 and 054
and 7-5-020:001 so that the access to both developments are opposing each other on
Kuakini Highway. Sunstone Development's access on Kuakini Highway will be located
on TMK 7-5-019:049. The access shall meet the approval of the Department of Public
Works and shall have the provision of adequate sight distances.
2. The updated Flood Insurance Rate Map (FIRM) was adopted on September 29, 2017.
Special Flood Hazard Areas AE, AEF, and XS affect the subject parcel as designated by
the updated FIRM. All development plans, drainage studies, and other related
documents shall reflect the September 29, 2017 FIRM. Improvements in a floodplain will
be subject to the requirements of Chapter 27 — Floodplain Management—of the Hawaii
County Code.
3. All earthwork and grading shall conform to Chapter 10— Erosion and Sedimentation
Control —of the Hawaii County Code.
Planning Dept.SCAB,z4
Exhibit e-:9
9966'County of Hawaii is an Equal Opportunity Provider and Employer. 0.111,,,,,,,,,„•„,..
4. All work within the County Right-of-Way shall conform to Chapter 22—County Streets—
of the Hawaii County Code.
Should there be any questions concerning this matter, please feel free to contact Natalie
Whitworth of our Kona Engineering Division office at 323-4853.
NW
Copy: Engineering-Hilo/Kona
County of Hawai'i is an Equal Opportunity Provider and Employer.
LINDA LINGLE oo cti 4 ANTHONY J.H.CHINGGOVERNOREXECUTIVEOFFICER
f
I.
STATE OF HAWAII
7- „61DEPARTMENTOFBUSINESS,ECONOMIC DEVELOPMEI &T
n^
OUR SPIT1 1 5
LAND USE COMMISSION
P.O.Box 2359 p 4
Honolulu,Hawaii 96804-2359 tilt
Telephone:808-587-3822
Fax:808-587-3827
October 20, 2004
Mr Christopher J. Yuen, Director
Planning Department
County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
Subject: State Land Use Boundary Amendment Application (SLU 04-009)
Agricultural to Urban
Change of Zone Application (REZ 04-025)
A-5a to CN-20
Puaa Development, LLC
Puapuaaiki 1st and Puapuaanui 1st, North Kona, Hawaii
Tax Map Key: 7-5-17: 1 (Lot 2)
State Land Use Boundary Amendment Application (SLU 04-010)
Agricultural to Urban
Change of Zone Application (REZ 04-024)
A-5a to RM-2.5
Suffolk Investment, LLC
Puapuaaiki 1st and Puapuaanui Pt, North Kona, Hawaii
Tax Map Key: 7-5-17: 19 (Lot 5)
We have reviewed the subject applications forwarded by your memorandum dated
September 24, 2004, and confirm that the subject sites, as generally represented on
Figure 1 of the County Environmental Report (CER), are located within the boundary of
the State Land Use Agricultural District.
Planning Dept.
Exhibit JO ERfil rT
Mr. Christopher J. Yuen, Director
October 20, 2004
Page 2
We understand that the subject sites, identified as Lot 2 and Lot 5 and consisting of
14.973 acres and 14.872 acres, respectively, were created as a result of a 5-lot
consolidation and resubdivision application for the Pualani Makai Subdivision. We
further understand that Lot 2 will be developed into the Pualani Village Center to
service the needs of the surrounding residential areas, while Lot 5 will be developed
into a 250-unit market rental housing project to address the rental housing needs of the
community. While we have no specific objections to the proposed uses themselves, we
do have strong objections to the manner in which they are being processed as HRS
205-3.1 boundary amendments. We believe that both the Village Center and the rental
housing project are part of the same Pualani Makai master planned community and
have been deliberately incrementalized to evade the jurisdiction of the Land Use
Commission. We also believe that Pualani Makai will be further segmented under
separate boundary amendment applications for Lots 3 and 4 based on the Master Plan
for the development. As you know, the Third Circuit Court has affirmed that projects,
such as Pualani Makai, should be viewed as an integrated whole to ensure full and
timely disclosure of their potential cumulative impacts upon the environment.
We understand that the previous owner of the property intended to submit a boundary
amendment petition to the Commission for Pualani Makai's predecessor, Pualani
Development-Phase II. We note that the archaeological inventory survey (Appendix
D-2 in the CER) conducted in support of the development explicitly acknowledged that
t]he overall objective of the survey was to provide information appropriate to and
sufficient for (a) the preparation of a Land Use Boundary Amendment petition to be
made to the Hawaii State Land Use Commission...." With the recent reactivation of
the development as Pualani Makai, we believe that it continues to require Commission
approval.
Given the location, scope, and nature of the proposed activity, the Commission
normally defers to the judgment of the County of Hawaii regarding applications such
as these. However, in this instance, we believe it appropriate for the County of Hawaii
to seek clarification from the applicant why actions relating to the proposed Pualani
Village Center and rental housing project should not be subject to a land use boundary
amendment made to the Land Use Commission. Any findings or conclusions generated
by the County in this matter should be forwarded to the Commission for its information
and appropriate follow-up.
Mr. Christopher J. Yuen, Director
October 20, 2004
Page 3
Thank you for the opportunity to comment on the subject applications. Please feel free
to contact Bert Saruwatari of my office at 587-3822, should you require clarification or
any further assistance.
Sincerely,
ANTHONY J. ! Fl G
Executive Officer
c:Office of Planning
SidneyFuke, Planning Consultant
am•
Www 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720
Planning•Variance•ZoningTelephone:(808)969-1522 Cell:(808)989-0640 Subdivision•Land Use PermitsE-mail:sidfuke@hawaiiantel.net Environmental Reports
January 22, 2020
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
c.a
Subject:Response to Agency Comments
Time Extension and Amendments to Rez. Ord.Nos. 05-115
APPLICANT-Puaa Development LLC
Puapua'a
1st
and 2"d,North Kona,Hawai'i,TMK: 7-5-017: 001
Thank you for providing me with a copy of agency comments to date. In
response to those comments,please note the following:
Department of Water Supply("DWS")
The DWS noted that based on a Settlement Agreement, a copy of which is attached, the
subject and adjoining parcels have a combined total of 510 water commitments. It
further requested the following, and the applicant will comply with those requirements:
1. Payment of a water commitment deposit for 142 units; and
2. Submittal of an estimated maximum water usage calculations prepared by a
Hawai'i licensed professional engineer for the Department's review and approval.
Additionally, the report should address how the project will reduce use of potable
water for non-potable purposes, such as irrigation.
Office of Housing and Community Development ("OHCD")
While OHCD commented on Suffolk Investments, LLC's request,none was offered for
this application. I trust,therefore,that since there was no substantive amendment being
proposed,the existing language (with the minor editorial suggestion regarding the
approval process) is acceptable. If not or if there is a separate comment for this
application, please let me know.
Department of Public Works ("DPW")
The proposed access to both projects (Puaa Investment, LLC and Suffolk Investment,
LLC) from Kuakini Highway is via an existing road easement that was acknowledged
and created through a subdivision that created the subject and adjoining parcels Intrying
SCANNED
Planning Dept• JAN 2. if 2020
iblt140 -
Mr. Michael Yee,Director
January 22, 2020
Page 2
to address the mandate of Conditions H and I, infrastructure construction plans were
prepared and reviewed by DPW. (A copy of pertinent portions, entitled"Pualani MakaiRoadNetworks", is attached for your information, and the entire set can be provided
upon request.) While the plans were never approved, during the plan preparation and
review phases, access locations and other terms were incorporated into the plans to assure
consistency with Conditions H and I.
Thus,while it may be difficult,the applicant is willing to adjust its location as may be
necessary to address DPW's comments. The applicant believes that the proposed
language to conditions H and I accomplishes this without foreclosing the option of its
retention as shown in the unapproved construction plans. In the end, the proposed
language would give DPW the final say as to its location.
On the matter of drainage,the applicant prepared two (2) construction plans, a copy of
pertinent parts are also attached,with full copy available upon request. One is entitledDOTDrainageCulvertImprovements"and the other, "Pualani Makai Flood Channel."All of those plans,including the"Pualani Road Networks", were developed and
coordinated to address the road and drainage requirements of the projects.
Currently, there is an 8-foot wide pipe that crosses the extension of the Queen
Ka'ahumanu Highway in the vicinity of the subject site. This system, installed by theStateDepartmentofTransportation, is undersized. DOT subsequently approved the
DOT Drainage Culvert Improvements"plan in the attached letter, dated February 18,2010,that reflect a new bigger culvert(20 feet wide; 14.6 feet tall; and 135 feet long) and
a 40-foot wide concrete u-shaped channel from the Highway into a 2-acre, 25-foot deepretentionbasinnearKuakiniHighwayandonthesubjectsite. This retention basin is
reflected in both the "Pualani Road Networks"and "Pualani Makai Flood Channel"
plans.
In preparing the aforementioned construction plans, the applicant's engineering
consultant was mindful of the pending amendment to the Flood Insurance Rate Map. Inthatregard, some measure—but not significant—changes will have to be made to those
plans to address the current designation. As such, the applicant will comply with the
requirements and recommendation of the DPW which include the submittal of detailed
drainage studies and other related documents in conjunction with the construction plan
preparation and submittal process. Please note that this requirement is already addressedinConditionsLandN.
The other requirements and/or recommendation of the DPW will be complied with,
which includes assuring compliance with Chapter 10 relating to erosion and
sedimentation control and securing the appropriate permits for work within the Countyright-of-way. The former is already covered by Conditions 0 and P.
Mr. Michael Yee, Director
January 22, 2020
Page 3
Department of Environmental Management("DEM")
The Solid Waste Division did not have any comments on the request. Normally, a SolidWasteManagementPlanisrequiredforprojectsofthisnature. In that regard, ConditionRalreadyaddressesthismatter.
Likewise,the Wastewater Division did not have any comments. Again, in situations like
this, a wastewater capacity study is required to address capacity and any upgrade
requirements. This is already addressed in Condition Q.
State Department of Health("DOH")
The DOH noted that the project must comply with and secure National Pollution
Discharge Elimination System permit for improvements such as a drywell and any otherdrainagetypeimprovementstoaddressrunoff. This will be complied with during theconstructionphaseofthisproject.
We trust that the aforementioned adequately responded to agency comments to
date. If not or if there any additional comments,please let me know. Thank you verymuch.
incerely,
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy—Puaa Development LLC w/o enclosures
SETTLEMENT AGREEMENT AND RELEASE
1. The parties to this agreement are:
a) Westpro Development, Inc., a Nevada corporation, whose mailing
address is 75-143 Hualalai Road, Suite 202, Kailia-Kona, Hawaii 96740
WES'EPRO");
b) International Development Projects, Ltd., a Hawaii Corporation,
c/o Robert D. Triantos, 75-1000 Henry Street, Suite 209, Kailua-Kona,
Hawaii 96740 ("INTERNATIONAL");
c) Pualani Estates, Inc., a Hawaii corporation, do Robert D. Triantos,
75-1000 Henry Street, Suite 209, Kailua-Kona,Hawaii 96740
PUALANP');
d) Grant Johnston, do Jaynes Kawachika, Esq.,Pacific Guardian
Center, Makai Tower, 733 Bishop Street, 24th Floor, Honolulu, Hawaii
96813 ("JOHNSTON");
e) Carlsmith Bell LLP, 121 Waianuenue Avenue, Hilo, Hawaii 96720
CARLSMITH");
f) Department of Water Supply, County of Hawaii, 345 I eku.anaoa
Street, Room 20,Hilo,Hawaii 96720 ("DWS"); and
g) Water Board of the County of Hawaii, 345 Kekuanaoa Street,
Room 20, Hilo, Hawaii 96720 ("WATER BOARD").
2. Claims released.
The term,"claims", as used in this document means and includes all
claims, causes of action, liabilities or damages of any nature whatsoever which
relate to the issue of rights to water commitments for the WES'l`YRO's property
more specifically described by TMK(3)7-5-17-01, 19, 23, 25 and 26 for
approximately 64 acres at North Kona, Hawaii ("MAKAI 64 ACRE PROJECT
AREA") which is the subject of Civil No. 03-1-0133K in the Circuit Court of
the Third Circuit, State of Hawaii. Other than the subject matter relating to the
rights to water commitments, all other claims by and between WESTPRO as
Plaintiff and INTERNATIONAL, PUALANI,AND JOHNSTON, as
Defendants, shall remain and are not subject to release or dismissal by this
agreement between and among the parties herein.
More specifically, the "claims" involve certain terms in the sale by
INTERNATIONAL of approximately 64 acres of undeveloped land to
WESTPRO on or about September 20, 2002. As part of the same sales
transaction, INTERNATIONAL assigned to WESTPRO a total of 510 rights to
water commi talents, subject to the approval of the DWS and WATER BOARD.
A dispute arose regarding the transfer and assignment of 510 rights to
water commitments to WESTPRO. Although a total of 510 rights to water
commitments were to be transferred or assigned to WES TYRO by
2
INTERNATIONAL, only 368 rights to water commitments were available
thereby leaving a shortfall of 142 rights to water commitments.
The parties herein agree to release each other regarding the "claims"
relating to the subject matter of the 510 rights to water commitments which is
part of the lawsuit described above. It is specifically not the intent of this
agreement to in any way settle or release claims between WESTPRO, as
Plaintiff and INTERNATIONAL,PUALANI, and JOHNSTON, as
Defendants, on the other issues regarding the other allegations set forth in the
lawsuit described above. CARLSMITH, DWS, and WATER BOARD shall no
longer be parties in the remaining claims in the subject lawsuit described above.
3. Consideration.
The consideration for this settlement agreement and release is as follows:
a) WESTPRO shaTi be entitled to a total of 510 rights to water
commitments for the MAKAI 64 ACRE PROJECT AREA;
b) INTERNATIONAL, PUALANI, and JOHNSTON shall assign
to WESTPRO the 368 rights to water commitments currently allocated to the
MAKAI 64 ACRE PROTECT AREA pursuant to the June 17, 1994 Agreement
For Assignment And Transfer Of Rights To Water Commitment Units of the
Kealakekua Water Source Agreement;
3
c) The DWS and WATER BOARD shall issue 142 rights to water
commitments to WESTPRO for use solely within the MAKAI 64 ACRE
PROJECT AREA, subject however to the preconditions of the payment of the
applicable and prevailing water commitment fees, water facilities charges,
capital assessment fees and other charges as required by DWS for development
of the MAKA6 64 ACRE PROJECT AREA, consistent with the County codes
and rules, and DWS rules,policies,procedures and guidelines then in effect.
Prior to DWS providing water to the MAKAI 64 ACRE PROJECT AREA,
WESTPRO or its successor shall complete or bond the off-site and on-site
water improvements as required by the DWS consistent with the County codes
and rules, and DWS rules,policies, procedures and guidelines then in effect;
d) The assignment and transfer of the above described 510 total
368 + 142=510)rights to water commitments to WESTPRO shall be
exclusively used within the MAKAI 64 ACRE PROJECT AREA and shall not
be transferred off said area.
e). CARLSMITH shall pay to DWS and/or WATER BOARD the
total sum of$25,000.00 as part of the consideration for the issuance of the 142
rights to water commitments as described above by DWS and WATER
BOARD; and
4
f) WESTPRO, INTERNATIONAL,PUALANI, JOHNSTON,
CARLSMITH, DWS and the WA1ER BOARD agree to cooperate and execute
the necessary assignments and documents to transfer and assign the following
rights to water commitments held by PUALANI from the Kealakekua Source
Agreement, subject to the terms and conditions of the Settlement Agreement
and Release:
Area A: 313 rights to water commitments to Pualani Estates
Subdivision
TMK: (3) 7-5-17:29; (3) 7-5-41: 01 through and including 54; and
3) 7-5-42:01 Trough and including 78
Assignee: D.R. HORTON—SCHULER HOMES, LLC, dba
SCHULER HOMES
Area B: 72 rights to water commitments to Pualani Retained Parcel
TMK: (3) 7-5-17:35
Assignee: PUALANI ESTATES, INC.
Area C: 27 rights to water commitments to Hualalai Heights
Subdivision
TMK: (3) 7-5-17:32 and 34
Assignee: INTERNATIONAL DEVELOPMENT PROJECTS,
LID., and PUALANI ESTATES, INC.
Area C-1: 20 rights to water commitments to Uluwehi Parcel
Subdivision
TMK: (3) 7-5-17:21
Assignee:. ULUWEHi PROPERTIES, LLC
Area D: 368 rights to water commitments to MAKAI 64 ACRE
PROJECT AREA
Tom: (3) 7-5-17:01, 19, 23, 25 and 26
Assignee: WESTPRO DEVELOPMENT, INC.
5
These 368 rights to water comrnitnlents shall run with the land and
shall not be sold and/or transferred.for use off TMK (3) 7-5-17:01,
19, 23, 25 and 26.
4. Release.
For the "consideration" described in paragraph 3 above, the parties
herein, on behalf of themselves, and their respective parent companies,
subsidiaries, affiliates, divisions,related companies,joint ventures, owners,
stockholders, sureties, indemnitors, guarantors, trustees in bankruptcy,
receivers, predecessors, agents, attorneys, insurers, executors, administrators,
successors, assigns, officers, directors, employees,partners, trustees, heirs,
spouses and personal representatives, mutually discharge each other and their
respective parent companies, subsidiaries, affiliates, divisions, related
companies,joint ventures, owners, stockholders, sureties, indemnitors,
guarantors, trustees in bankruptcy, receivers,predecessors, agents, attorneys,
insurers, executors, administrators, successors, assigns, officers, directors,
employees, partners, trustees, heirs, spouses and personal representatives from
any and all "claims", as well as any claims, causes of action, or demands,
whether known or nnlmown, specifically and solely relating to the number of
rights to water commitments mistakenly acknowledged to be allocated in that
certain letter from Steven S.C. Lim, Esq. of CARLSMITH to Milton D. Pavao,
P.E.,Manager of DWS, dated June 22, 2001 and in that certain letter from
6
1
Milton D. Pavao, P.E., Manager of DWS, to Steven S.C. Lim, Esq. of
CARLSMITH dated August 10, 2001, copies of which are attached hereto as
Exhibit "A" and "B",respectively. No other claims, causes of action, or
demands, whether known or unknown, arising out of the said letters
Exhibit"A" and"B" hereto) or the contents thereof are hereby released or
discharged by and among the parties hereto.
5. Indemnity.
a. WESTPRO agrees to indemnify, defend, and forever hold
harmless DWS and WATER BOARD against any and all future
liability and future cost and expense resulting from any claim by
or through WESTPRO against DWS and WATER BOARD that
WESTPRO has been assigned, sold or promised as of the date of
this Settlement Agreement and Release, any additional rights to
water cornmii[lents for the MAKAI 64 ACRE PROJECT AREA
beyond and other than the total of 510 ruts to water
commitments for the MAKAI 64 ACRE PROJECT AREA
referred to herein.
b. WES TYRO represents, covenants, and warrants that it has not
assigned, sold or promised to anyone, any rights to water
commis roents based upon the letter from Steven S.C. Lim, Esq.
7
I
of CARLSMITH to Milton D. Pavao, P.E., Man ager of DWS,
dated June 22, 2001, that certain letter from Milton D. Pavao,
RE., Manager of DWS, to Steven S.C. Lim, Esq. of
CARLSMITH dated August 10, 2001, copies of which are
attached hereto as Exhibits "A" and "B", or the June 17, 1994
Agreement for Assignment and Transfer of Rights to Water
Commitment Units of the Kealakekua Water Source Agreement.
Further, WESTPRO acknowledges and agrees that there shall be
no transfer of the 510 rights to water commis r,.lents off the
MAKAI 64 ACRE PROJECT AREA.
c. WESTPRO agrees to indemnify, defend, and forever hold
harmless DWS and WATER BOARD against any and all future
liability and future costs and expense resulting from any claim or
demand against DWS and WATER BOARD that WESTPRO has
assigned, sold or promised anyone any rights to water
commitments based upon the letter from Steven S.C. Lim, Esq.
of CARLSMITH to Milton D. Pavao, P.E., Manager of DWS,
dated June 22, 2001, that certain letter from Milton D. Pavao,
P.E., Manager of DWS, to Steven S.C. Lim, Esq. of
CARLSMITH dated August 10, 2001, copies of which are
8
attached hereto as Exhibits "A" and"B", or the June 17, 1994
Agreement for Assignment and Transfer of Rights to Water
Commitment Units of the Kealakekua Water Source Agreement.
d. INTERNATIONAL, PUALANI and JOHNSTON agree to
indemnify, defend, and forever hold harmless DWS and WATER
BOARD against any and all future liability and future cost and
expense resulting from any claim by or through them against
DWS and WATER BOARD that any one of them or a third party
has been assigned, sold or promised as of the date of this
Settlement Agreement and Release, any additional rights to water
commitments for the parcels described herein as Areas, A, B, C,
and C-1 other than as specifically set forth in paragraph 3 (f)
herein.
e. INTERNATIONAL,PUALANI and JOHNSTON represent,
covenant, and warrant that they have not assigned, sold or
promised to anyone as of the date of this Settlement Agreement
and Release (other than as alleged in the Complaint filed in Civil
No. 03-1-0133K referred to hereinabove), any rights to water
commitments based upon the letter trona Steven S.C. Lim, Esq.
of CARLSMITH to Milton D. Pavao, P.E., Manager of DWS,
9
dated June 22, 2001 and that certain letter from Milton D. Pavao, i
P.E., Manager of DWS, to Steven S.C. Lim, Esq. of
CARLSMITH dated August 10, 2001, copies of which are
attached hereto as Exhibit"A" and"B", respectively, and made a
part hereof by reference, other than as specifically set forth in
paragraph 3 (f)herein.
T1.1--ppAT TTrThT T DTT T l TT o,-tri T(1TTKTQTCIKTagree to1. 11 1. 11\L'lA LJ F.L AL, 1 JVIIL Y.J1 V1 to
indemnify, defend, and forever hold harmless DWS and WATER
BOARD against any and all future liability and future cost and
expense resulting from any claim against DWS and WATER
BOARD that INTERNATIONAL, PUALANI and/or
JOHNSTON assigned, sold or promised anyone (other than as
alleged in the Complaint filed in Civil No. 03-1-0133K referred
to hereinabove), any rights to water commitments based upon
that certain letter from Steven S.C. Lim, Esq. of CARLSMITH to
Milton D. Pavao, P.E., Manager of DWS, dated June 22, 2001
and that certain letter from Milton D. Pavao, P.E., Manager of
DWS, to Steven S.C. Lim, Esq. of CARLSMITH dated August
10, 2001 (Exhibit"A" and "B" hereto), other than as specifically
set forth in paragraph 3 (f)herein.
10
6. No admission of liability.
i
It is understood and agreed that the "consideration" for this release is not
an admission of any negligence, liability, or fault of any kind but compromises
and settles all disputes between the parties for the purpose of avoiding further
controversy, litigation and expense, and that there shall be no further
consideration for this settlement agreement and release other than the
consideration described above anu no ot.htcvrmor has bete
promised or will be paid.
7. No presumption against the drafter.
The parties are each represented by experienced counsel who have
negotiated over the terms of this agreement. Thus, the rule of construction to
the effect that ambiguities in documents are sometimes construed against the
drafter shall not be observed with respect to the interpretation and/or
enforcement of this contract. instead, each party shall be considered to be the
drafter of this contract.
8. Controlling law and venue.
The substantive law of the state of Hawaii shall govern the interpretation
and enforcement of this agreement. The sole and inclusive venue for any
adjudication or of any dispute between the parties shall be filed in the 3rd Circuit
Court,Kona Division, State of Hawaii. .
11
9. Authority to settle; ownership of claims; voluntary act.
Each party represents and warrants to the other that he, she or it is
authorized to enter into this agreement; that claims attended to herein are owned
by the party disposing of the claims; that such claims are not encumbered and
have not been pledged as collateral or assigned; and that entering into this
agreement is a free/knowing and intentional act of the party following adequate
opportunity to consult with counsel as to its meaning and effect.
10. Partial dismissal of Civil No. 03-1-0133K, Circuit Court of the 'Third
Circuit. State of Hawaii.
The parties herein covenant and agree to dismiss with prejudice any and
all claims relating to the issue of the rights to water commitments for the
WESTPRO property described above and referred to as MAKAI 64 ACRE
PROJECT AREA as between and among the parties herein; dismiss with
prejudice CARLSMITH, DWS, and WATER BOARD from the subject lawsuit;
and the remaining claims as between WES fPRO, as Plaintiff, and
INTERNATIONAL, PUALANI, and JOHNSTON, as Defendants, shall
remain.
11. No representation.
The parties acknowledge that no promise, agreement, fact or opinion not
expressed herein has been made by or to them to induce this Agreement and
12
that this settlement is made with full knowledge of the facts and possibilities of
the subject matters of this agreement and with the advice of their respective
counsels.
12. Captions and headings.
The headings of the paragraphs herein are inserted only for convenience
and shall in no way define, describe, or limit the scope or intent of any of the
provisions of this settlement document,
13. Amendments.
The terms and conditions of this settlement document may be changed,
amended, or modified only by written agreement.
14. Cooperation.
The parties agree to cooperate with each other to execute any other or
further documents reasonably required to carry out the purpose of this
Settlement Agreement and Release.
15. Signature and counterparts.
This instrument may be executed on facsimile copies, and in two or more
counterparts, and when all counterparts have been executed, each counterpart
shall be considered an original but when assembled shall constitute one and the
same instrument, and shall have the same force and effect as though all of the
13
l
sigrn tories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assennbl0 original document.
Date:icf , 2004
WESTPRO DEVELOPMENT, INC,
by its
D te: //09 / /3 _ 2004
INTERN: r AL DEVELOPMENT
PROJE :, LID.,
by its
Date: 2004
P•ALANI .+ ' - ilbS,-INC.
by its
Date: l . 2004
RAFT i" TT'ON
Date: 2004
CARLSMITH BALL LLP
by its
Date: 2004
DJ-NARTMENT OF WATER SUPPLY,
COUNTY OF HAWAII
by its
14
tICLI. J. LVV )..J9'11r1 UCCLE'—` 111U a 1n11t1 r. or
signatories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original document.
VJ Date: /y/t M 2004
b DEVELOPMENT,INC,
Y
Date:2004
INTERNATIONAL DEVELOPMENT
PROJECTS,LTD.,
by its
Date:2004
PUALAN(ESTATES,INC.
by its
Date:2004
GRANT JOh NSTON
Date:2004
CARLSMITH BALL LLP
by its
Date:2004
DEPARTMENT OF WATER SUPPLY,
COUNTY OF HAWAII
by its
14
sig stories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original document.
Date: 2004
WESTPRO DEVELOPMENT, INC,
by its
Date: 2004
INTERNATIONAL DEVELOPMENT
PROJECTS, LID.,
by its
Date: 2004
PUALANI ESTAIES,INC.
by its
Date: 2004
GRANT JOHNSTON
O `Date: March 15 2004
CARLSMITH BALL LLP
by its Managing Partner
Date; 2004
DEPARTMENT OF WATER SUPPLY,
COUNTY OF HAWAII
by its
J
14
signatories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original docnrnent.
Date: 2004
WESTER()DEVELOPMENT, INC,
by its
Date_ 2004
INTERNATIONAL DEVELOPMENT'
PROJECTS, LTD.,
by its
Date: 2004
PUA LANI ES TA i'ES, INC.
by its
Date: 2004
GRANT JOUNSTON
Date: 2004
CARLSMITH BALL LLP
by its
10,
Date: 3 162. 2004
DEPARTMENT OF WATER SUPPLY,
COUNTY OF HAWAII
7 by its Manager
14
Date: 2004
WATER BOARD OF THE COUNTY
OF HAWAII
by its
Approved as to form:
VvTLLIAM J. DRFLEYEY
Attorney. for WES IIPRO DEVELOPMENT,
INC.
J S KAWAcB KA
ttorn- for INTERNATIONAL
DE iOPIMENT PROJECTS,LID., .
PUALANI ESTATES, INC., and GRANT
JOHNSTON
I/ t/ „
SIDNEY K. AYABE
Attorney for CARLSMITH BALL LLP
KATI ERINE-A. CARSON
Attorney for DEPARTMENT OF WA.LER
SUPPLY, COUNTY OF HAWAII and
WATER BOARD OF THE COUNTY OF
HAWAII
15
LINDA LINGLE BRENNON T MORIOKA
GOVERNOR DIRECTOR
t Deputy Dtrectors
Z.chr*A. MICHAEL D FORMBY
FRANCIS PAUL KEENO
BRIAN H.SEKIGUCHI
JIRO A.SUMADA
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO.
HIGHWAYS DIVISION
HAWAII DISTRICT HWY-H 10-2.0065
50 MAKAALA STREET
Hf LO,HAWAII 96720
TELEPHONE:(808)933-8866 • FAX:(808)933-8869
February 18, 2010
Mr. Ty J. Dempsey, P.E.
Lyon Associates
841 Bishop Street, Suite 2006
Honolulu,Hawai`i 96813
Dear Mr. Dempsey:
SUBJECT: Installation of 20'-7"x14'-3"Aluminum Structural Plate Arch Pipe Culvert on
Queen Kaahumanu Highway for Pualani Makai Subdivision,Project No,FAP F-
011-1(14), Sta.No. 217+30, Puapua'anui,North Kona,Hawaii
Enclosed is your Title Sheet tracing for the above subject project.
Please be advised that an on going project,Project No. 11A-01-04M, Queen Kaahumanu
Highway Resurfacing, Henry Street to Lako Street,will complete resurfacing by the end of
December. No work will be allowed that will disturb the new pavement for the period of one
year following completion of the resurfacing project.
All Consultants involved with any State construction project or permit project within the State
Highways right-of-way are required to obtain and have a copy of the Hawaii Department of
Transportation, Highways Division "Construction Best Management Practices Field Manual"
and"Rules Relating to Soil Erosion Standards and Guidelines" of the City and County of
Honolulu. The Hawaii Department of Transportation,Highways Division "Construction Best
Management Practices Field Manual" can be down loaded from the web site at
http://www.stormwaterhawaii.com/resonrcesr.
Per letter no HWY-CM 2.4453 dated January 12,2010,work directly with our Right-of-way
Branch for the establishment of the maintenance easements.
Provide a copy of letter no. DIR 550 from the Director of Transportation, when submitting the
application for Permit to Perform Work Upon State Highways.
Mr.Ty Dempsey HWY-H 10-2.0065
February 18,2010
Page 2
Provide a copy of the NGPC and a complete copy of the DOH NPDES permit when submitting
the Permit to Perform Work Upon State Highways to the Highways Division, Hawaii District.
Please submit two sets of the final plan and obtain a Permit To Perform Work Upon State
Highways before you start any work within the highway right-of-way.
The installation shall comply with Chapter 105 of Title 19,entitled "Accommodation and
Installation of Utilities on State Highways and Federal Aid Secondary County Highways."
When filling out your permit please refer to approval letter no. HWY-H 10-2.00037 and date
January 22,2010. Construction must start within one year of this date. If it does not,the plans
shall be resubmitted for review and approval.
If you have any questions call Mr. Derrick Shiro at 933-2644.
Very truly yours,
6R CAt_._ A.
y STANLEY M. 1ALURA
Hawaii District Engineer
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