HomeMy WebLinkAboutPD BACKGROUND REPORT (REZ 04-024)BSuffolkAmendREZ.ajr.2.10.2020
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
SUFFOLK INVESTMENT,LLC
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 05-113 (REZ 04-024)
SUFFOLK INVESTMENT,LLC has submitted an application to amend: Condition B (Time to
Pay Water Deposit), Condition C (Time to Complete Construction), Condition D (Delete Rental
Housing Restriction), 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 U (Requirement of a 5-acre School Site &
Improvements),Condition V(Fair Share),Condition X(Affordable Housing Requirement&Change
Housing Program Approving Authority), and Condition Z (Administrative Time Extension) of
Ordinance No. 05-113. Ordinance No. 05-113 reclassified the 14.872-acre property from
Agricultural-5 acres (A-5a)to Multiple-Family Residential—2,500 square foot(RM-2.5)in 2005.
The subject property is located west(makai) of Queen Ka`ahumanu Highway and east(mauka)of
Kuakini Highway and the Kahakai Estates Subdivision,approximately 2,200 feet north of the Queen
Ka`ahumanu Highway-Kuakini Highway intersection,Puapua`a 1st and 2nd,North Kona,Hawaii,
TMK: (3) 7-5-017:019.
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 t6 certain conditions of the
ordinance, specifically Conditions B, C, D, E, F, H, I, U, V, X and Z of Ordinance
No. 05-113. The applicant is requesting amendments to the following conditions:
Condition B: (Extension of Time to Pay Water Deposit)
Condition C (Extension of Time to Complete Construction)
Condition D (Delete Rental Housing Restriction)
Condition E (Delete Requirement for Supplemental TIAR)
Condition F (Modify/Delete Already Implemented Portions of Roadway
Improvements Condition Time Extension for Construction)
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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 U (Delete Requirement of Providing a 5-acre School Site and
Improvements)
Condition V (Delete Reference to Fair Share In-Lieu Credit for School Site and
Improvements)
Condition X (Modify Affordable Housing Requirement and Change Housing
Program Approving Authority)
Condition Z(Modify Condition to Allow Administrative Time Extension)
2.Applicant's Reasons for the Requests: The time extension and condition amendments are
being sought due to the applicant's costs of required infrastructure improvements. The
applicant states that they cannot commit to the target rental level as represented in 2005,
particularly due to the heavy on-and off-site infrastructure costs. Additionally, due to the
global economic meltdown that occurred over a decade ago, the applicant believes that
securing the required financing to initiate and complete the project was too difficult to
complete 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 originally proposed to develop a 250-unit market
rental housing project which included 250-units housed in twenty-four(24)two-and three-
story structures.Also proposed were over 300 parking spaces for residents and guests,along
with a 1+-acre park.The applicant's new development proposal for the property reduces the
density of rental housing to 226 units and intends to develop open space and a passive
recreation area.
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.05-113 dated November 12,2019,Planning Department
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Exhibit 2 - Letters dated January 22, 2020 and February 4, 2020 from Sidney Fuke
Planning Consultant)
5. Landowner: Suffolk Investments; d/o Brian Cook. According to the Department of
Commerce and Consumer Affairs (DCCA) records, Pua'a Development, LLC are the
managing members of Suffolk Investment,LLC. Pua'a Development,LLC also owns all of
the properties surrounding the subject property, including 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.
The subject property is 14.872 acres in size. The total acreage of the parcels owned by these
two connected entities is 61.74 acres. (Planning Department Exhibit 3 —County Real
Property Tax Documentation, State DCCA Documentation)
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: Effective date of State Land Use (SLU) Boundary Amendment
SLU 04-010) to reclassify subject parcel from the SLU Agricultural to Urban zoning
district.
8.August 5,2005: Effective date of Change of Zone Ordinance No. 05-113, approved by the
County Council to change the zoning of the subject properties from Agricultural 5-acres
A-5a)to Multiple-Family Residential 2,500-square feet(RM-2.5). (Planning Department
Exhibit 5—Change of Zone Ordinance 05-113)
9.November 9, 2005: The Planning Department issued an administrative time extension to
comply with Condition V(Fair Share In-Lieu Creditfor School Site and Improvements)of
Ordinance No. 04-115.
10. 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.
11. 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.
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12. August 24, 2011: Planning Department issued a SECOND time extension request for the
submission of the final plat map, pursuant to Condition No. 10 of the Tentative Approval
granted in 2008.
STATE AND COUNTY PLANS
13. State Land Use Designation: Urban.
14. General Plan Land Use Pattern Allocation Guide(LUPAG)Map: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..
15. Kona Development Plan(CDP): The Kona CDP,adopted by the Hawai`i County Council
by Ordinance No.08-131 on September 25,2008.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).
16. County Zoning: Multiple-Family Residential—2,500 square foot(RM-2.5).According to
the Zoning Code, the RM district provides for medium and high-density residential use. It
covers areas with full community facilities and services. It may occupy transition areas
between commercial or industrial areas and other districts of less intense land use.
17. 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 not within the County's SMA.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
18. Project Site: The subject parcel has a total area of 14.872-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 borders the
northern edge of the subject parcel,and there is a constructed utility line easement with what
appears to be a paved portion and utility poles that crosses into the subject parcel.
19. 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 Subdivision, SUB
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No. 7555); directly to the east is a neighborhood-commercial (CN-20) zoned parcel, also
owned by the applicant.Across the Hawai`i Belt Road,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).
20. 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, 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.
21. 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 Report. The report 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.None of the sites recommended for preservation are situated
within the subject parcel. The applicant will be required by conditions to implement the
recommended treatments and plans for the archaeological sites on the property.
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22. 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 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
23. 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 Hawaii prior to the time any certificates of occupancy(for non-
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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 update TIAR. In their comment letter dated January 16,
2020, HDOT recommends that the proposed deletion amendment for Condition E by the
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 may be 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 Puapua`anui
Street. 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 Akukui 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.
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24. 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
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). The
DWS has stated that there is an outstanding water commitment deposit that is required for
the 142 units of water. 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, DWS 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.
23. 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.
24. 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.
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25. 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 Hawaii
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.
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,
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.
26. 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
27. State Dept. of Transportation: (Planning Department Exhibit 6 — January 10, 2020
Letter)
28. State Dept. of Health - Env. Health Program: (Planning Department Exhibit 7 —
December 20,2019 Memo)
29. Dept. of Water Supply: (Planning Department Exhibit 8—January 8,2020 Memo)
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30. Dept. of Public Works — Engineering Division: (Planning Department Exhibit 9 —
December 18,2019 Memo)
31. Office of Housing and Community Development: (Planning Department Exhibit 10—
January 2, 2020 Letter)
32. State Department of Land and Natural Resources—Engineering Division: (Planning
Department Exhibit 11—December 11,2019 Memo)
33. State Land Use Commission: (Planning Department Exhibit 12 — October 4, 2004
Letter;NOTE:Letter was submitted for SLU Boundary Amendment Application[SLU
04-009]; to date no comments have been received for the current application)
AGENCIES -NO RESPONSE
34. Dept. of Public Works—Traffic Div.; Dept. of Education(DOE); Charter School
Commission; DLNR—SHPD.
AGENCIES -NO COMMENTS/NO CONCERNS
35. Department of Environmental Management(DEM); Police Dept.; Fire Dept.; DLNR—
Div. of Forestry and Wildlife; DLNR—Land Div.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
36. The applicant submitted the following in response to agency comments:
Planning Department Exhibit 13—January 22,2020 letter from Sidney
Fuke, Planning Consultant to Planning Director)
PUBLIC COMMENTS
37. 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
AMENDMENT TO CONDITIONS
B, C, D, E, F, H, I, U, V, X, Z
OF
ORDINANCE NO. 05 113
SUFFOLK INVESTMENT LLC
Puapua'a
1st
and
2nd
North Kona, Hawaii
TMK: (3) 7-5-17: 019
Prepared For:
Suffolk Investment LLC
Prepared By:
Sidney M. Fuke, Planning Consultant
October 2019.
Planning Dept.
Exhibit
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.05113 relating to the development of a
250-unit multiple-family residential project on property identified by TMK:7-5-017:019.
k.
or ES SCHULER Date)
UFFOLK INVESTMENT LLC
AMENDMENTS TO CONDITIONS B, C, D, E, F, H, I, U, V, X, Z
ORDINANCE NO. 05 113
SUFFOLK INVESTMENT LLC
PUAPUA'A 1ST AND 2 , NORTH KONA, HAWAII
TIVIK: 7-5-017: 019
BACKGROUND
On August 5, 2005, Ordinance No. 05 114 became effective resulting in
the reclassification of a 14.872 acre area, identified by TMK: 7-5-017: 019
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. 05 113 from Agriculture (A-5a) to Multiple-family
Residential (RM-2.5). (Exhibit A) The purpose of those actions was to
enable the landowner/developer, Suffolk Development LLC ("applicant")
to develop a 250-unit market rental housing project.
At the same time, the landowner (Puaa Development LLC) of an adjoining
property consisting of 14.973 acres and identified by TMK: 7-5-017: 001,
had proposed to do a neighborhood shopping center consisting of 93,600
square feet. Because the infrastructure requirements and the somewhat
symbiotic land use relationship between both projects, that project was
considered in tandem with the proposed 250-unit market rental housing
project. As such, the proposed neighborhood shopping complex was also
reclassified into the State Land Use from the Agriculture to the Urban
district (Ordinance No. 05 114) and rezoned from Agriculture (A-5a) to
Neighborhood Commercial (CN-20) via Ordinance No. 05 115 (Exhibit B)
with the same effective date of 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, the
request herein applies only to the proposed housing project covered by
Ordinance No. 05 113.
The time performance requirements of Ordinance No. 05 113 related to
Condition B (payment of water commitment deposit within 90 days);
Condition C (project completion within 5 years); and Condition U (public
input within 90 days on the proposed recipient of a school site). As will be
discussed below, although Condition U was partially complied with, the
applicant is requesting its deletion.
Pursuant to Condition Z, 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 who is the same owner of the property, Suffolk Investment
LLC, is now 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 D by deleting the rental housing restriction and
letting the requirements of the County affordable housing code
prevail;
d) Condition E by deleting only that portion that requires a
supplemental Traffic Impact Analysis Report if deemed
necessary by the State Department of Transportation;
e) Condition F by modifying and/or deleting portions that have
already been implemented;
f) 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;
g) Condition I, because of the proposed amendment to Condition
H, making some consistent editorial change;
h) Condition U by deleting the obligation to provide a 5-acre
school site;
i) Condition V by modifying the fair share requirement consistent
with the deletion of Condition U;
j) Condition X to modify the affordable housing requirement by
relying on the requirements of the County affordable housing
code and changing the authority from the County Housing
Agency to the Administrator of the Office of Housing and
Community Development; and
k) Condition Z by allowing an administrative extension using the
date of the amended ordinance.
2
H. PROJECT LOCATION
The subject property, consisting of 14.872 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: 019.
More specifically, the site is sandwiched between the Highway and
Kuakini Highway. It is located generally about 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 generally east and mauka of the Queen
Ka'ahumanu Highway extension. (Figures 1 and 2)
III. PROPOSED PROJECT AND EXISTING AND PROPOSED REZONING
CONDITIONS
A. Project Concern
1. Original Concept
The applicant originally proposed to develop a 250-unit market
rental housing project to help address the rental housing needs of
the community. The project would tentatively have included 250-
units housed in twenty-four (24) two and three-story structures.
The 3-story structures were proposed to be approximately 40 feet
in height, and definitely not exceed the 45-foot height limit, whereas
the 2-story structures would have generally been around 30 feet in
height.
Also proposed were over 300 parking spaces for residents and
guests and a private 1-1-/- acre park for residents and guests. The
park area would also have served as a drainageway. This multiple-
use concept is comparable to the soccer fields in the Bayfront area
of the City of Hilo.
The principal access from the Queen Ka'ahumanu Highway would
have been from a proposed new road located at the north end of an
adjoining property. This intersection would be fully channelized and
signalized. This new road would connect to Kuakini Highway as
well, and thereby providing another access to the subject site.
2. Proposed Concept
The multiple-family residential housing project concept has not
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changed. What may change, however, is its mixture as stipulated
by Condition X. While the applicant would like to target the less
than 100% of median income market, because of cost and other
considerations, that may not be possible. As such, it does not want
to be constrained by such a condition and instead wishes to work
within the requirements of the County affordable housing code.
As depicted in Figure 3, the applicant is still proposing a rental
housing project, except that the density has been reduced from 250
to 226 units. Open space and some passive recreation area would
be provided within the project.
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
included many similar conditions. In that regard, please note that for
all intents and purposes, all of the infrastructure and performance
related conditions (Conditions B, C, E, F, G, H, I, J, K, L, M, N, 0, P, Q,
R, S, T, U, V, W, X, Y, and Z) covered by this ordinance (Ord. No. 05
113) were incorporated exactly into Ordinance No. 05 115 relating to
the neighborhood shopping center project.
This section, however, will initially state and/or summarize the various
conditions of the rezoning ordinance (Ord. No 05 113) 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 [ 1 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.
The applicant today (Suffolk Investment 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
4
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FIGURE 3
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
sufbcient 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
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
5
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
j0) 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. 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.
While this was a representation made by the applicant then, the
applicant does not believe it can fulfill that today, particularly after
analyzing the cost of the infrastructure requirements. As such, the
applicant is requesting its deletion in its entirety and instead comply
with the requirements of Chapter 11 of the Hawai'i County Code
relating to affordable housing.
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, shall meet with the approval of
the Department of Transportation.
6
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(TZAR), 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.
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 meeting with the approval of the
Department of Transportation and/or County Department of
Public Works Said improvements[, plus the main spine
road through the Pualani Estates Subdivision to Hualalai
road,J 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
Hawal i Bureau of Conveyances on June 18, 2004 (Doc. No. 2004
123556) and shall improvement "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).
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
8
construction to assure access to all lots intended to be served by
this Easement.
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 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 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 9 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 main spine maukalmakai 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
to
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.
K. Install streetlights, signs and markings meeting with the approval of
the Department of Public Works.
The applicant will comply with this requirement.
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 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 Splitflow No. 2 and bisects the middle portion of the
subject property.
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.
I 1
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.
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 review and
approval.
The applicant will comply with this requirement.
N. 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 L.
O. A....(NPDES) permit and an (UIC) permit, if required, shall be
secured....before the commencement of construction activities.
This will be complied with prior to the construction activity. This is
required for drainage related improvements such as the drywell.
P. 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.
12
Q. 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.
R. 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.
S. 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 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.
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
SHPD") comments, a revised report was prepared and subsequently
submitted to SHPD. (A copy of the entire report 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" was 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
13
one (1) possible ceremonial site was also recommended preservation
in place."
The burial sites (Site Nos. 14091, 14124, and 14132) and a 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 site
of the adjoining parcel. 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.
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.
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 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.
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,
14
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FIGURE 4
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.
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 —which is situated on the
adjoining parcel immediately makai of the subject site- be conveyed
prior to issuance of a building permit for either the proposed
neighborhood shopping center or a residential project on the subject
15
site. However, because of the 2008 recession, neither of those
projects could get off the ground. 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 to have this condition deleted in
its entirety.
V. 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:
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.
16
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 V should be deleted in its entirety.
W. 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.
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. 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.
Further, as represented by the applicant, a minimum of twenty
20)percent of the units will be rented at the 80% or less than
17
median income level and the remaining at the 120% or less
than median income level. Affordable housing credits in excess
of the basic requirements outlined in Chapter 11, Article 1, Hawaii
County Code, shall be credited to the applicant, its successors or
assigns.
The applicant cannot commit to the target rental level as represented
back in 2005. While that is the goal, the project will have to be balanced
against the cost to do the project, particularly due to the heavy on and
off-site infrastructure costs. As such, it wishes to have that portion noted
in bold italics above be deleted. instead, it would comply with the
prevailing requirements of the County affordable housing ordinance.
Further, 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.
Y. 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.
Z. 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.
18
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....
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.
19
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 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 also be consistent with the goals,
policies, and standards of the Housing and Land Use Elements of
the General Plan. Specifically, the more pertinent ones follow:
Housing
Goals
Attain a diversity of socio-economic housing mix throughout
the different parts of the County.
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.
Policies
Increase rental opportunities and choices in terms of quality,
20
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
maximizes 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.
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.
Discussion
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
21
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for
the residential development. Relatedly, longer-term opportunities
could be created largely in providing the social support (housing)
needed to sustain a strong economy. Furthermore, the project
should add sustained revenues to the County and State coffers.
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.
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.
If required, a solid waste management plan could be prepared and
implemented. Being a residential project, 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. A drainage system will be designed in a manner to
protect the property as well as to minimize the volume of surface
runoff generated by this development. It should be noted that the
existing conditions, such as Conditions L, M, N, and 0, already
address this matter.
There are two (2) burials on the adjoining parcel. Their location is
such that they should not be affected by the proposed residential
development. An appropriate Burial Treatment Plan would be
developed and if needed buffers or protective measure on the
subject site is needed to address the Plan, they can and will be
accommodated.
22
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 S and T.
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. A floral study was done which
also concluded that there would be no impact to endangered plant
life.
As this is a residential project, it will directly fulfill the goals and
objectives - as noted above - of the housing element. Specifically,
the more pertinent goals are:
Attain a diversity of socio-economic housing mix throughout the
different parts of the County
Maintain a housing supply which allows a variety of choice
Improve and maintain the quality and affordability of the existing
housing stock
Seek sufficient production of 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
The Plan also emphasizes that developments be mindful of an
area's natural beauty. In this situation, the project will be
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 nearly a mile from the ocean, it is also
separated by other developments from the ocean. As such, 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. New County-
standard road leading to the project site will be constructed. The
water system will be developed in a manner meeting with the
requirements of the Department of Water Supply. All on-site
improvements will be constructed by the applicant. Schools and
23
other public facilities are also located proximate to the site, most of
them being less than 5 miles away.
Another 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.
2. KONA COMMUNITY DEVELOPMENT 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").
Relative to the 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. 08 116.
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
24
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).
The subject parcel is situated within the Kona Urban Area, with a
TOD designation. This and the adjoining projects, with its mixture
of residential and commercial components, plus an area for a bus
transfer stop, implement this concept. Residential uses proximate
to transit hubs are a critical component in making a TOD realistic.
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
residential project 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 maukalmakai 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 modest change from 250 to 226 units, the project
will still be a rental project. Accordingly, the reasons for the Planning
Department's favorable recommendation would still apply. (Exhibit G)
25
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.
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. Between the subject project's 226 units and Puaa's 100 units
plus commercial development, the 510 allocation should be sufficient.
Nonetheless, 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.
26
EXHIBIT A
Ordinance No. 05 115
erasr +
COUNTY OF HAWAII r STATE OF HAWAII
OR 14./1,-'
BILL NO.BILLNO. 32
Draft 3
ORDINANCE NO. OS 11.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE, 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CIIANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES
A-5a)TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA`AIKI 1ST AND
PUAPUA`ANUI
1s`. NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:1.
BE. IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code. is amended to change the dktrict classification of property described hereinafter as
follows:
The district classification of the following area situated at Puapuaaiki l't and
Puapuaanui 1", North Kona, Ilawai`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 toKamaikui, 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 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; I
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. llawai'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
R) 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.
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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 ("toning 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.
1:. 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
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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 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 DO"I'. 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
he 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 he 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 I, 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.
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Access to Kuakini 1 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 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.
The applicant, successors, or assigns shall provide an casement to the property to
the north ( [MK: 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 casement and its tel rtis shall be established prior to the
issuance of a certificate of occupancy for non-residential structures or final
inspection of any resider tial 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. Ali 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 hoes 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 (Dl,NR-SHPD). Proposed mitigation treatment for the
burial sites within the subject property shall be approved by the SHPD's I-Iawai'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.
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
DINR-SHPD when it 'rinds that sufficient mitigation measures have been taken.
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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 issuace of a buildinggpermit for any residential or commercialal
structures on the subject site, a) subdivide and dedicate or cause the dedication of
5 acres ol'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 DO1=. 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.
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i
W. lithe 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 after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HO )I). The fair share contribution shall have a maximum
combined value of S6,206.06 per multiple family residential unit(S9,671.44 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. 53,061.27 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. S96.75 per multiple family residential unit (S224.98 per single family
residential unit) to the County to support police facilities;
S297_62 per multiple family residential unit (S444.36 per single family
residential unit) to the County to support fire facilities;
4. S132.65 per multiple family residential unit (519435 per single family
residential unit) to the County to support solid waste facilities; and
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5. S2,617.77 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. tire,
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 Coun_y 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 L.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. 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 riot 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:
40 A
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COUNCIL )"MAER, iT Y OF -AWAI`I
COUNCIL MEM'jj , COUNTY OF HA AI'
Hilo , Ilawai`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
Ccr„rn, 107.3
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870435 0 8870
AMENDMENTT TO THE ZONING
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-ANU1 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 Hawaii
Hilo, Hawaii
Introduced By: Fete ce anr:/x. Angel Pilago ROLL CALL VOTE
Date Introduced: July 7, 2005 AYES Y. 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 i
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 1 X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago Xi
Safarik X
L 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 LEGALITY:
iCOU CIL CHAIRMAN
I5EPCJTY CORPORATION COUNSEL
COUNTY OF HAWAII L,,, :" jr-
COUNTY CLERK
Date -./- • ti/_ '
32 (Draft 3)
Bill No.:
4" Reference: C-107 .3/PC-27
pprove Disapproved this 5 day
Kill-20 0s
Ord No.: 05 115
lam"
YC)MR;J-OU TY OF HAWAII
EXHIBIT
Ordinance No. 05113
COUNTY OF HAWAII =• '` ':• STATE OF HAWAII
BILL NO. 30
Draft 3
ORDINANCE NO. OS 113
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CI LANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAh - 5 ACRES
A-5a)TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AT PUAPUA'AIKI Is' AND
PUAPUA'ANUI Isl. NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:19.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 ofthe following area situated at Puapua'aiki 1" and
Puapua'anui I', North Kona, Hawai'i 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 1877.36 East and running by azimuths measured clockwise from True
South:
1. 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 l.asterly 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, Hawai'i County Code, the County
Council finds the following conditions are:
i) 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
Guidclines 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 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. 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
I ransportation.
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-i 7!l. 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 Hawaii 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 Hualaiai 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 F,asement "1" to the main project intersection, including
briduinu the tloodway, to County dedicabtc 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 I access road approach.
1 he 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 ofa certificate of occupancy. The applicant shall provide
necessary easements for road and drainage improvements in favor of
T.M.K. No. 7-5-17: 1 so that the property can be 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.
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. II 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
10-
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 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.
U. 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 1-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 historic Preservation Division (DI,NR-SHPT)}.
Proposed mitigation treatment for the burial sites within the subject
property shall be approved by the SHPD's Hawaii Island Burial Council
beforc 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 be the recipient of this school site. l'he
school site and any improvements thereon shall be conveyed via lease to
the identified recipient for S1:.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 Hawai`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 tet uis 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
assivns 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 (HCP!). The fair share contribution shall have a maximum
combined value of S6,206.06 per multiple family residential unit
59.671.44 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
51,551,515.00 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 S74,405;
4. 5132.65 per multiple family residential unit(S194.55 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. 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 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 n-lieu fees. Further, as represented by the applicant, a minimum of
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-
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:
i"? 4.itS
41101111 4A,
COUNCIL M BER, COL It OF HA t I'I
COUNCIL ME"R, COUNTY OF HAWAII
Hi1n Hawai'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
R FCRENCF: Comm. 106.71
18-
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s RS-7.S
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A 5a VjASe
A-5a AGRICULTURAL (A.5a)V
TO MULTIPLE-FAMILY RESIDENTIAL IRM-2.5)1 A-5a R -15
1 14.$7 Acs.
Queen Kaahumanu Hwy.
1
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8S0 445 0 CCO 1.783 2.670 3.56C 4 460eet
AMENDMENT TO
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, 200.
EXHIBIT "A"
SUFFOLK INV., LLC:1152
OFFICE OF THE COUNTY CLERK
County of Hawai'i
Hilo, Hawai`i
Introduced By: U freeHo_ ,.ann/x. .n gel Pilagoilago ROLL CALL VOTE
Date Introduced: July 7, 2005 AYES %NOES I ABSEXFirstReading: July 7, 2005 Arakaki X I
Published: July 17, 2005 I Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 1 0SecondReading: July 22, 2005
lo Mayor: July 25, 2005
ROLL CALL VOTEReturned: August 5. 2005 AYES NOES I ABS EXEffective: August 5. 2005 Arakaki X
Published: August 11, 2005 Higa X t
REMARKS:
Hoffmann I X
Holschuh X
Ikeda X
Isbell X
Jacobson X i
Pilago k X
Safarik 1 X
1 8 1 0 0
I DO HEREBY CERTIFY that the,foregoing BILL was adopted by the County Council published asindicatedabove.
APPROVED AS TO Ii -ILS
FORM AND LEpALITY:
ly/ COt CIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OP HAWAI't 11-2 —C 106..`--
COUNTY CLERKDate
f
Bill No.: 30 (Draft 3)
idC-106.71/PC-25Approve 'Disapproved this day Reference:
n 0 CS Ord No.: 05 113
A YJR, C J Y OF HA WAI`I
EXHIBIT C
Time Extension Approval Letter
September 6, 2011
William P. Kenoi o''` "!; BJ Leithead Todd
Yla}or J,. ;Director
Margaret K. Masunaga
TE Depui
OF
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:\wpwin60\Maija\Letters\TER\LFuke-AdminTER-REZ04-024&04-25doc
cc whetter: Planning Department—Kona Office
Hawaii County is an Equal Opportunity Provider and Employer
SidneyFuke, PlanningConsultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 Planning•Variance•ZoningTelephone:(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.
çrely,
f\.\\,6
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, Hawaii 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 KEYS (3) 7-5-170 1 &19
PREPARED FOR
PUAA DEVELOPMENT, LLC
AND SUFFOLK INVESTMENT, LLC
OCTOBER 3, 2019
4) kill' PREPARED BY
TMC THE TRAFFIC MANAGEMENT CONSULTANT E`
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
Trafrrc Impact Analysis Report September 18, 2019
y,
4f,!,4'1 .
STOP
Study Intersections
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Figure 1. Location and Vicinity Map
2
Pvalani Makai
c TraK+c fmpaU Malys s Repo# September 18,2019
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Pua ani Na{cal-A Master Fanned Community
Figure 2. Site Plan
3
i
TMC
Pualani Makai
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"TAR for the proposed
project includes the following:
I. 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 Hiahwav Capacity Manual, 6`h 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
Pualani Makai
TMC
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 d510 d510 Control delay is minimal.
B 10<d 55.20 10<d5 15 Control delay is not significant.
C 20<d535 15<d525 Stable operation. Queuing begins to occur.
D 355d555 255d535
Less stable condition. Increase in delays,
decrease in travel speeds.
E 55<d580 35<d550 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
Lo Pualani Makai
Tie Traffic Impact Analysis Report September 18, 2019
L
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
6
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TMCey 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 Mi'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 ti:ring 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.
7
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e Traffic Impact Analysis Report September 2019
7, x
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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Traffic Impact Analysis Report September 18, 2019
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9
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fTraffic Impact Analysis Report September 18, 2019
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TMrf 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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TIVIC
Traffic impact Analysis Report September 18, 2019
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12
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Z% Traffic Impact Analysis Report September 18, 2019
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13
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Pualani Makai
TC
e 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)
I
ITE Code)
Units
Enter 1 Exit 'Total Enter Exit I Total
Multi-Family
Housing (220)
386 DU 39 133 172 123 73 196
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
8) SFGFA
69 46 115 163 157 320
Drugstore With 15.000 31 27 58 77 77 154
Drive-Thru (881) SFGFA
i 1 I I
Retail-Office Space j 18,000 0 1 32 ' 62 66 128
820) 1 SFGFA
1
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)
ITE Code) Units
Enter Exit Total Enter Exit Total
Convenience Store 112 FuelingWithGasPumpsb 125 125 250 138 138 276
853) Positions
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, 1TE 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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r Traffic Impact Analysis Report September 18, 2019
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. 1TE 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 Iess the pass-by trips to arrive at the external trip
generation.
Table 5. Pualani Makai Adjusted Trip Generation Characteristics 1
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 I 91
Housing
Fast-Food AdjustedAdjd 88 128 256 95 82 177
Restaurants Pass-By 62 63 1251 48 42 90
Adjusted 63 40 103 118 105 223
Grocery Store
Pass-By j 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 i 90
Retail-Office Space
Pass-By 0 0 0 16 16 1 32
Car Wash 1 Unadjusted 31 18 49 39 39 78
Convenience Store Unadjusted 125 125 250 138 138 276
W/Gas PumpsPass-By 79 79 1 158 91 91 182
Bus Station Unadjusted 5 '1 6 1 3 1 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
16
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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 Quen 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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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 'eft-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 Rervicc.
18
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Pualani Maker
TNIC
Ir Traffic Impact Analysis Report September 18, 2019
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19
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1 /> Traffic Impact Analysis Report September 18, 2019
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20
Pualani Makai
TMC
Traffic Impact Analysis Report September 18, 2019
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Puelani Makai
Traffic Impact Analysis Report September 18, 2019
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22
Pualani Makai
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Traffic Impact Analysis Report September 18, 2019
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23
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Pualani MakaiTIVICTrafficImpactAnalysisReportSeptember18, 2019
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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
l L,
fMC Pualani MakaiTrafficImpact Analysis Report September 18, 2019
4.7 J
s
o co y
LAL'
S C
a 1m
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o 23i4,
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Figure 12. Year 2024 PM Peak Hour Volumes With Project
25
Pualani Makai
TMC
Traffic Impact Analysis Report September 18, 2018
t
ocNw ':
7i- lc 4
N-CO
r
Fr;
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0-)
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11- co
Ds- a1r -o s
t In r C
Ct
ODo 16 2 N
ti c
N t0
n I---C7
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r
Figure 13. Year 2029 AM Peak Hour Volumes With Project
26
Pualani Makai
TMC
Traffic Impact Analysis Report September 18, 2019
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,
durin8 the Year 2039 PM peak hour of traffic with the proposed project.
27
n
Trnnc Pualani Makai
eC> Traffic Impact Analysis Report September 18, 2019
1
1
coo
r
i;, i4
1244- 15 A
DEN
1
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tQ .,_
E
C3v
J3
per = 1,...88' -
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57
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t'6-.,.::-,-.,
id
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ti 116 k. o0 c.,
of
3
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11+ 1 I---I
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r. Sine Rd Spine Rd 144'4 ' rn9'0 p oo
7+ '; t o
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1 N
N s i.
O 7
5 d
G; c2.--7 x.'
37
P
i.
y ,
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o
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Figure 14. Year 2029 PM Peak Hour Volumes With Project
28
J Pualani Makai
vTMC Traffic Impact Analysis Report Septemberer
i ff
1
corn
d•
co+
43.v
81,E h-o
mo
T
EcC
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0 4 8.241
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z 195jf 4,
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Y
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A `^
r0 yJ
21 • r Spine Rd Spine Rd 112'* n
12-*Nooeo
rho
0
JC 1 C
P-: 1 N C
C9 C mGod, i 9 •
pj, C
4. v
la c
185 R T
I
Figure 15. Year 2039 AM Peak Hour Volumes With Project
29
Pualani Makai
TMC
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:
I. 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
2
Pualani Makai
TMC
Traffic Impact Analysis Report September
ii
d-
1,--__,,44..
7.0
14o'
r`
Z ---N
cc .k
E
co
t
c
ca>a)
CS
i
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425
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203 '
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da,?23+
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Nws
107y1 wy
Nakukui Dr .` 0 J
r11-'r
1
Spine Rd Spine Rd 145- N
8+RT /0 N
1-4.1)
CDIN—
C)r- 0
r, m
x
CO z
G U1v m
7/ i + c
4- 3
2-. \‘'.------ -,,„4.4
m M Nr
I
Figure 16. Year 2039 PM Peak Hour Volumes With Project
31
zs
Pualani Makai
Traffic Impact Analysis Report Septemberer 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—S2,524,238.00.
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—S519,416.00.
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 Alii 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
k• Rueter,'Mak.
S7° Traffic impact Analysis Report September/a 2313
Table 6.Summary of Capacity_Analysis
I Scenario Intersection 1 MOE i EBL 1 EBT I EBR I WBL ViBT 1 MISR I NBL 1 NBT i NBR I SBL SET SBR I Intersection •
1 Volume N.::\ N-..A 1 N,A 1 99 : NA 1 220 I NA I 822 ] 1,5 ' 50 765 NA I 1.981
Queen Kaahumanu Hwy& I LOS ' NiA 1 N:A ! N!A 1 D NA 1 NiA 6 A E , A 1 N/A I B
Puapuaanui St I Delay N/A ' NA I NA 1 506 : NA I 02 1 N/A I 13 7 2.8 69.5 1 6.1 N/A ; 13 7
I V/t NA , NiA 1 NiA 1 064 i 2VA I 0 16 1 N/A 1 0.71 001 0 1 0.49 , N/A Ma..vie.0.7 L .
iI 1 Volume 32 N/A i 56 I NA 1 NA I NA 152 1 974 1 NA / NA ! 808
1
25 2.047
1 Queen KA.hurna6u Bv.-y& 1 LOS 1 D I NA 1 A I NA 1 NIA I NA B i - I NiA 1 NA 1 - A
1 Hualalai Rd Delay ] 29 2 ! NIA , 70 I N/A 1 NA I NIA 1 10.5 I - 1 N,A N/A I - I - 5
v/c 2 25 NiA ( NA 1 NA NA i NA I 0201 - NA N/A 1 - -
Existing AM Peak Hour ---- Volume I 8 l NA 1 I 68 ' NA , NA 1 NA 1 461 851 i NA 1 NIA : 769 66 2326 __
I Kuatani Hwy&
1
1 LOS E I NA I A N/A I NA 1 NA I B - I NA 1 NA - - A
I Queen Kaahumanu Hwy i Delay 417 I N,'A 30 1 N/A 1 N/A 1 N/A 1 13,4 . 1 N/A I N/A . - - 30
I I v/c I 004 NIA I - 1 NA • NIA 1 NA 0531 - NIA 1 NA I - - N/A
11 I Volume 1 16 NI.A 1 10 I N/A , N/A I N/A ! I 1 515 N/A I N/A 1 176 7 735
1 LOS I C 1 NI A A I N/A '• NIA I VA i A VA I N/A - - A
Kualdni Hver&Nakukui Dr l Delay l I 2 NA 02 1 NA I N/A 1 NA I 761 - 1 NIA 1 NA ' - - 0
1 v/c ' Oil NA 0 01 I NA 1 NIA 1 NA 1 0.02 - 1 NA 1 NA : -NA
I Volume 1 N?A VA 0/Al 39 VA i 100 NA 862 1 61 157 i 885 NIA I 2.104
Queen Kaahumanu Hwy& I LOS 1 NA NA NA l 0 NA r-A B I A El . N/A i BI
Puapuaanui St I Delay T N/A i NA i VA i 51 5 N/A 01 1 N/A 1 /63 /8 55 2 l 48 I N/A I 13 6
1 v/c NA -17'7117A 1 NA I 0.4 1 NA C I 0 1 NIA 0 73 1 0 09 1 0.68 ! a 55 NA I Max vf c:C 73 .
l ;
1 1 Volume 5 1 N/A 90 N/A NiA i N.'A 1 89 880 I N/A 1 NiA : 936 7 1 2,019
Queen Kaahumanu Hwv& LOS C N,A 1 A , NhA VA j NIA I B . i N/A N/A - - A
1 Hualalai Rd Delay 20 9 I NA 1 0.0 1 NA 1 Nr A r NiA 10 9 - r NiA N/A 1 - 1.4
1 I v/c 0 02 1 N/A 1 - 1 NIA I NiA f NA I 0.10 - I NA N/A I - _ •'NA
Existing PM Peak Hour1• Volume 18 I N/A I 367 1 N/A I N/A I NA 212 I 915 1 NIA I N/A 1 874 37 2,423
1 I Kuakini Ho..y&LOS D 1 NA i A 1 NiA
1
NA 1 N1A B I 1 NA 1 NA , • - A
Queen Kaahumanu Hwy Delay 279 1 NA 1 0.0 I NA : N/A N/A 1 1 1 1 - 1 1,C1.4 1 N/A 1 - - 1 4 1
1
1 NIC 0.1 1 . NIA 1 - N/A 1 NiA , NIA 1 0.26 - I N/A NA ' - I -
Volume 8 NA 1 7 , NA 1 NIA I NA 5 - NA , N;A 447 15 482
LOS C N/A ! B F NIA 1 N/A I N/A A - 1 N,A 1 N,1 - A
Kuakini Hwy&Nakunui Dr II Delay 16 3 N/A 1 10.9 1 N/A 1 N/A NA 1 87 - 1 NIA 1 N/A s - - 1 02
1 v/t 003 1 N/A 1 20/ I NA 1 NA N/A I 0 01 , - I NA I N/A i -
I Leeend MOE-Measure of Effectiveness EBL-Eastbound Left-Tum Movement WBL-Westbotuld Left-Ttml Movement N131.-Northbound Left-Turn Movement -1
I Volurne-velucles per hour EBT-Eastbound Through Movement WET-Westbound Through Movement NBT-Northbound Through Movement
LOS-Level of Sem ce EBR-Eastbound Right-Turn Movement WBR-Westbound Right-Turn Movement NBR-Northbound Right-Turn Movement
1 Delay-Average Delay(secondsvehtcle)
c-Volume-to-Capactr,Ratio
33
s,ikr. Pua,anl Maka,
1i? Tratfic impact An,30/81s Pepart
Semtem0,18 2013
Table_.Sumnmry of Capacity Analysis
Scenario Intersection 1 NIOE 1 ESL : EBT I ERR Vi BL I WBT I WBR I NBL I NBT I NBR SBL 1 SBT I SBR 1 Intersection
Volume I N A , N,A I VA , !07 , N,A 1 236 i N A 1 891 I 27 54 I 830 1 N A I 2,148
Queen Kaahutnanu fiv, tS.: . LOS I NIA 1 N'A 1 NA I B ! N:A 1 A I N;A. i B 1 A 1 E 1 A NA B
Puopuaanui Sr Delay I VA 1 N.'A 1 N A I 55 7 I N:A I AS I N1A I 16 9 1 2 7 1 74.5 1 6 4 i N'A 15.8
8,/c I NA 1 N,A , N A 1 0 7! 1 N:A I 0 17 I N:A. 1 0 79 1 0 01 1 0 58 1 0 53 N,A 1 Nlz.8 v16 0 79
1 Volume 1 35 I VA I 61 N/A I N'A ! NIA 1 165 I 1,056 I N3A I NM I 976 27 2,220
Queen Kaahumanu Fiviy& I LOS I E 1 VA I A NIA I N1A VA I B 1 - 1 NIA 1 N'A I - - A
Hualaloi Rd 1 Delay I 35 I I NiA I 00 IN,A1NiAIN,1A1 [10 1 - IN/A1N/AI - I . 1 7
AM Peak Flour : Hc 0 31 I N A I - I N A 1 NA 1 N/A 1 0.23 I - I N'A 1 N1A ! - NA
Without Project Volorne , H i VA I 170 I NA VA I N'A I 452 908 I N1A I VA'I 567 70 2,47S
Kualtini HK1& I LOS , E I VA I A I N0A I N3A 1 NA 1 B - 1 NiA I N'A I - - I A
O .KaAum.nu 11`,2, Delay i 4f1 7 I N'A I 00 I NA 1 NIA I N'A 1 14 6 I - I NIA 1 N'A I - 30
vie I DOS 1 NA ' - I NA N/A [ NA i 055 - 1 NA , N/A I - N A
1 Volume ' 17 1 N.1 I i I NLA VA 1 N'A 1 I I 556 I N'A I N'A 1 193 7 795
LOS I C 1 NA ; A 1 NIA 1 NA I NA 1 A - I NA N'A . - , - A
Kuakini Hwy Si Nakukui Dr ,pelaY I S 6 1 N'A ! 9 3 VA I 24/..6I N A 1 7 6
1 vi0 1 0 13 I N'A I 0 01 I N'A I NA I NA. I 0 02 1 - 1 1183A I 21A I - I . 1NA
Volum,:I N'A N'A I N'A 1 4: I N/A ; 108 1 N'A I 935 ! 66 1 170 I 960 1 N'A 1 2.28!
Queen Kaahumanu Hwy& 1 LOS I 1‘811NiA N:6ID1N/AIAIN''AIBIAIF. 1 AIN'A1 B
Puapuaanui St 1 fklay 1 N.A 1 NIA , N/A 1 46 1 1 NA ] 0! I N3A 1 16 1 1 1 5 I 62 4 1 4 5 I N-A I 13 7
NA , N'A 1 N A 1 0 34 1 N.14.
1 0 11 1 NIA I 0 76 1 0.09 I 0 76 1 0 514 I N.A I Max vic 0 75
1 Volume 1 5 1 V.A 1 104 I N!A I N:A. NA ! 97 I 961 I N;A 1 NIA I 1.0i 5 1 S I 2.190
Queen Kaahumanu H4I-V.S, i LOS 1 C 7•:A I A I NA IN/A I VA 1 B i - 1 VA—1 NA ! - I - A
Hualalai Rd 1 Delay 12291 N'A 1001 :0/AIN/AIN/AI 114 1 - I N/A 1 N/A I - I - 1.3
PNI Peal:Hour 1 VA . 032 I NA I - I NA 1 NA [ N/A I 012I - 1 N/A I NA I - I - NA
Without Project 1 Volume I 21 1 N A 1 394 1 1,11A I N.'A 1 NfA I 206 ' 980 1 N/A 1 N/A I 960 1 42 2,603
I guakini Hwy& ! LOS ! D i N:A 1 A 1 NLA 1 NIA N,A I B - 1 NA i N,A 1 - I - I A I
Queen Kaahumann Hwy r Dehv I il 1 i N,A 1 0 0 I NIA 1 N/A 1 NA 1 12 I - 1 NA 1 NA 1 - 1 - 3 I
I .8/0 I 0 1:1 1 VA1 - I N.A I N'A 1 N01k ' 0 28 - 1 N/A I N'A I - 1 - I
1 Volume I 9 , N.A I 8 I 31•101 I N0A I N'A 5 - I NA 1 N0A 11 485 -r- 10 '--523
LOS I C N.A 1 B I NIA I N/A I VA I A - 1 NA I N'A I - 1 - A I
Kuakini Hwy&Nakukui De
D,by is 1 . NrA 1 i,-, 1 N:A 1 NA 1 T.;,A I 83 - 1 NIA 1 N/A 1 - 1 - I 0 3
1 ,/c 1 0 03 . N1A I 0 01 1 N'A I N.A I N1A 1 0 01 - 1 N3A 1 N.A I - I - ,NA I
24
i. Puafani Makal
Vie Traffic Impact Malysis Report September t 8 nig
Table .Summary of Capacity.Analysis
Scenario Intersection MOE ,i EBL I EBT j EBR I WBL WBT I WBR i NBL I NBT '.. NBR I SEL 1 SET I SBR I Intersection
Volume 1 195 1 9 I 75 130 I 9 194 1114 I 975 27 1 54 1 377 08 i 2555
Queen Kaahumanu Hwy& LOS 1 D 1C ; Alp D A A I B A I .A B A C
puPuaaanui St DoI4y 7.7 1 31.6 ; 0.1 1 53 5 358 02 85 18 5 I 0.0 9 1 1 16 5 1 0 1 I 19 2
i 0.62 ! 0.04 1 0.09 1 0.80 0.05 0.14 0.37 0 78 0.01 1 0 27 I C 69 I 0.07 ' Mac o/c 0 80
Volume 35 I NIA I 67 ! N/A N/A N/A ' 157 1.153 ' NIA , N/A I 003 l 27 I 402
Queen Kaahumanu Hwy& LOS ( E ' N/A 1 ,4 NIA N/A N/A B - NlA N/A ' - 1 - I A
HualalaiRd Delay 1 09.7 N/A 40 N/AA I N/A 11S - N/A N/A - ( - I 1.7
r/c t134 . N/A - N/A (
N/ANAINA024 !AN/A T N/A
V01.010 1N/A 118 f NA I N/A N/A 'I 537 966 'v.A j N/A '. I 002 ' 7 'r 2,601
AM Peal Hour Kuakini Nwy Sr LOS NIAN/A A I N' 1 A A I N/A I C I - N/A 1 N/A I - - A
With Project Queen Kaahumanu Hwv, Delay6-t.- I NiA as I N/A 1 NA I N/A 1 22 0 I - I NiA ' N/A I - - 4.8
2024
do t 0 01 I N A - I - _1 NIA N A l N.A N/A N074 IA N/A
Volume I 17 I 10 I I 0 , 1 I 180 10 I 471 108 43 l7l 1 8 1 1.020
LOS j C A
Kuakini Hwy&Nakukui Dr
B A A - 1 - A - - A
Dela) 0y1169 ,_ I 14.5 I 0 76 j 87 1 1.4
I 0.14 1 o00 I o00I 002 1 005 N'.A
Volume 1 N,A I N'A 110 I N,A I NA I N.k N/4 I 967 ' NA I N/A 1 899 1/4 (2-12/1 1
Queen Kaahumanu Hssy& LOS I N/A I NiA A 1 N/A l N A 1 N A I N'A 7 - N A 1 N/A I{ A
Spine Road Delay N'A i N/A (r0 N/A NiA I N/A N/A I - - N.'A N/A r - - 1 1.0
tc I N'A I N'A I - NA N/A N A N/A 1 - NA N/A I - - N'A
Volume 199 1
1_
116 53 1 23 _I 90 105 841 66 170
1I931100 ; 2,767
Queen Kaahumanu Hwy& LOS I D D A D D I A B
IIBI A B I B I A -T Intersection LOS:B
Puapuaanui St 1 Dela) I 5'.4 i 36.6 T 0.1 411 43,4 I 0 1_4 13.0 1 15.4 0.7 ' 12.1 I 19.6 0.6 I 18.7
vie I 0 73 0 09 1 0.07 0 33 ! 0 12 I 0 09 I 0.50 1 0 73 I 0_10 0 56 j 0.79 0.09 Max vie 0.79
Volume 1 5 I N I I t(, I N/AN/A N/A I 95 11049 1 N"A N/A I 1.124 8 7.397
Queen Kaahumanu Hwy& LOS 0 1 N/A Al AN/A I NiA N
1
B - • N/ A 1 N/A , - - A
HualalaiRd Delay- 255 I NA 1 aD NLA I N/A ' N/A I 122 - N/A 1 N/A - - 0.4
s/c
1
102 1 NA - N.4 N/A I N/A 1 013
1 -
1 N/4 I NLA 1 - i NrA
Volume 1 ' N,A I 047 NIA 1 N/A I N/A I 703 /,010 NIA N/A . 1.152 y4 1 2,7982 - --
PWith Project
r Kuakini Hwy& LOS E , \iA A NiA WA N;4 I C NIA N/A I A
2024
Queen Kaahumanu Hwy Delay j 39.0 1 NA I U0 N/A N/A N/A I I/OIA.9 N/A 1 NIA
j 1
1 9
l 0.02 I N/A I - N/A N/A NiA 047 - N'A N/A - I - NIA
Volume I 7 1 0 I 1 1 06 294 112 113 I 426
r
LA -1079
LOS D B C A A I .A I 1 A
Kuakini Hwy&Nakukui Dr Dclac 25 3 I 10.7 I 22 6 0 O 8.1 - - 8.4 1 4
s/c DOS I 0 00 001 I - 0 01 - 0/0 N/A
Volume 1 N'A 1 NiA 1 144 N/A I NiA 1 NIA N/A 1012 NiA N/A 1 992 I 154 2.302
Queen Kaahumanu Hnc A LOS N,A NIA 1---A I N/A /N A I N/A NIA - N/A N/A I - 1 - A
Spine Road Dclay N:A NIA 1 011 I N/A N'A I N A N'A i - N A N/A I - 1 - 00
sic N:A 7 N'.A I - N/A N,A I N,4 I N'A I - NA N/A , - - I N/A
35
bikiJ Pualan,Maaaai
A. Sc Impact 1 Peon September182019
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gym.. ._.z.....«_.,.._,.._.=,u> .._........,..:,...a -._.._.,.-.. V.. —
Table .Summary of Capacity Analysis
Scenario Intersection 1 \IOE ! EBL 1 EBT 1 EBB 'ABL I WEST I N'BR I NBL I NBT 4 NBR ! SBL 1 SBT 1 SBR I Intersection
1 Volume I 194 I 9 1 75 1 139 1 02 • 209 I14 1 904 29 1 OS 1 916 - 93 • '_770
Queen Kaahumanu Hwy&
00 1 160361200ILOSIDCAIDIDIABDA '! B C ' AI C
Puapuaanui St Delay 1 00i6 34.3 21 1 4417 ,_ 0'_ 1 51 0123
c • 194 1 9 • 1 139 I G ; 209 j 704 1 904 29 1 33 919 63 I Max /c.0 93
mfue 1 37 1 N'A 1 7I NiA 1 NIA 1 N•A 1 167 I 1.236 ! NA I N/A I 032 29 072
Queen Kaahumanu Hwy& • LOS I E 1 NIA A • N:A 1 \A 1 N,A B 1 I N A 1 N/A - I - i A
Hualalai Rd I Delay 1 43_- 1 N A 7 0.0 II N/A 1 A A 1 N.A I 12 2 j - I N-A 1 NIA I - 1 - 1 1 9
I vie 1 /4 1 NiA - I N/A 1 NIA 1 N'A 1 0 2' ! - NA N/A NA 11
j Volume• 1NAIl NIA NA AOA 1 1 1,036 NA 1 N/A 1 070 11 S '. 2_34S
ANI Peak Hour Kuakmi Hwy& LOS F \A A \A I \A I AN,A 1 NAN/A
With Protect Queen Kaahumanu Hwy I Delay • S9 7 NiA 00 N/A N A
NS2pI)
1
A I N'A 1 N/A I 1 - Si
I.,2029
s'c 0 01 • N'A • - 1 NIA \A N/A 0.33 A NIA IN'A
1 Volume I 19 1 II I 1 1 0 1 1 I ISS 1. II 010 105 I 44 1 ISO I S 1056
LOS C A 1 C 1 Al A - - 1 A - - 1 A Il
Kualani Hwy&Nakukui Dr '
Delay 3 2 1 9 2 7 lis 100176 ! - - I S 9 - 1 - 1 1.4
y/e 017 ' 000 1 000 I - 1 002 I - - 1 005 1 - I - IN'A
1 Volomc I N,'A 1 N/A 112 I N/A 1 N,A t NA 1 NIA1,037 I N/A 1 N/A I 067 7 159 274
Queen Kaahumanu H...& LOS A • N.A A_ \!A I \;A -1\ N.'A. - \A • \!A - A _-7
Spine Road I Delay • N 5 1 N A
11-
0 0 • N/A . \A N A I \/A - 7'A N/A 1 - • - I 0 0 1
c/c 1 N'A N i T N/A 1 N A I N A I NIA •N A I NiA I - 1 A;.A I
1 VJ'Volume 1 1 uI I 37 1 9S ! 100 I3 /t ISs 1,056 I 100 I 29.7 li
Queen Kaahumano Hwy& 1 LOS I DDI AI D D I A !I C C A 1 C CIA I C I
Puapuaanui St 1 Delay 1 51 7 1 30.6 i 0 1 1 42 S 1 43 4 1 0 1 1 34.0 1 21 3 0.9 1 23 9 2_3.3 1 0 0 1 22.`
0 73 10 09 I 0 07 • 0 40 I 0 13 1 0 10 1 0.57 J 0 30 0.10 10 73 7 0 35 10 09 I Ata y'c 0 35 I
Volutne 16 I NA I 124 I N/A I NA I NA • 107 I 1.124 1 NA I N/A 1 1,203 I S 2.397 1
mQueenLaahuano Hwy&
1 LOS I D AN/A I A 1 NIA 1 N' I NIA 1. B • - N/A - I - A
Hualalai Rd 18:A2821 0.0 I N/A I NA I N A I 1 3 0 I - ' N A 1 N/A 1 - 0
1 sic ' 203 1 N'A 1 - 1 N'A 1 N/A 1 NA I 0 75 I - I N A 1 N/A I: - N.A
Volume I N'A I 377 NIA 1 \A I N 4 19 1,037 ' NA N/A 1 1,207 I I _ 2,997 I
PSI Peak Flour
t— _ iii
With Project
Kuakini Hwy& •LOS T E T \.A A I N/A 7 \A I N. C N/A I N/A 1 - I A
20'9 •
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Los D B I C A AI - - 1 A - - A
Kuakini Hwy,&\akupui Dr
Delay 2%9 • II 0 1 '-4 7 1 0 G S'_ I 1 3 5 I i - 1 3
do 1 G09 00 • 301 I 907 1 I GIC I N%.4
I Volume I N'A • N . • 14N/A 1 \A L \A 1 N'A 1 1.059 ' N 4 I N/A 11,067 I 1.7 1 2,457 I
Queen Keahumano Hws m1 LOS 1 \A A 5117451745NiA4 • NA • - NIA \/A I _ 1 - 1 A 1:
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35
ift. Pualani Mak.
Tree<Impact Analys.Repo r Seetember 18 2019
LET EBSuRrnmaw:
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Queen Kaahumanu Hwy& LOS : E E • A 31 1 E A B D A F C A D
Puapuaanui St Delay 1 735 I 582 0 i 75 5 76 4 02 16 2 47 7 00 58 7 29 0 07 39.7
v/c. 0 77 I 0.26 005 0 85 ' 05i 0 17 053 098 3.02 0 72 002 I 507 Max.v/c 0.98
1 Volume 43 N/A 81 N/A N/A N/A 187 1.400 N/A N/A 1.168 33 2.912
Queen Kaahumartu Hwy& I LOS l F N,'A 1 A N/A : VA NIA B N/A 1--NiA - A
Hualalai Rd Dem: ' 82 4 NIA 1 0/2 VA NIA NA 14.0 - NIA NIA 2.8
v/c 06/ N/A 1 - N/A NIA VA. 0.34 1 - VA
Volume l VA : i St3 N/A VA N/A 643 1
1,178 N/A N/A 1.206 9 3.223
AM Peak Hour Kuakini Hwy& i LOS - N/A NIA N/A F N/A NIA cWithProject
Queen Kaahumanu Hwy : Delay - NIA 0.3 N/A N/A N/A 71.1 - N/A 1 N/A - - I 15.22039
1 v/c 1 - N/A VA / NIA IVA L04 • VA NIA - 1 - VA
Volume 21 I 2 1 0 I I 203 12 586 1 108 45 214 9 1,212
C A
Ku akini Hwv&Nakukui Dr
Delay 22 9 1 9 4 16 6 0 0 7 7
v/c 523 1 303 000 002 - - 0 06 - - NIA
Volume NIA I N/A 1 I/O NIA N A VA NIA 1179 1 NIA N/A 1 1103 i 169 I 2,563
Queen Kaahtummo Hi,y el: LOS NIA I N/A : A I N/A N/A N/A N/A N/A N/A A
Spine Roml Delay N/A 1 N/A 00 I NIA NIA NIA NIA - N/A VA - - 00
v/c I N/A T N/A NiA N/A VA N.'A - VA VA - - NA
Volume I 233 1 23 • 116 63 I 25 114 105 1,055 82 210 1.205 100 3.301
Queen Kaahumanu Hliy& I LOS_LE. 1 0 • A E I E A E D A E I D 1 A 1 D
Puapuaanui St Dela,: 644 1 51 3 01
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Queen Kaahumanu Hwy& LOSI D I NiA i A NiA NIA NIA B N/A N/A I A
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I Volume 2 i N/A 1 436 N/A Ni.A N/A 351 1,240 N/A N,A 1.357 5 I 3.391
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With Project I
i
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2039
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l Volume 1 I l S , I 0 I 107 1 6 1 366 I 112 117 535 20 1.284
Kuakini Hwy&Nakukui Dr
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8 0 A A : - AlA
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Queen Kaahurnanu RN.y& LOS / NA NIA 1 A IN,AINAI 'C0i 'C0IN/A N/A A
Spine Road Delay N:A 1 VA 00 N/A 1 NIA VA N/A - NiA N/A - - 00
v/c N/A 1 N/A I N/A I NA - N/A
37
EXHIBIT E
Archaeological Inventory Survey Approval Letter
State Historic Preservation Division
TMK: (3) 7-547: 01 , 19, 23, 25 and 26
August 27, 2008
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STATE OF HAWAII I.:AT x:xk, OM,a A
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DEPARTMENT OF LAND AND NATURAL RESOURCES a:YNi:£51[9,Ca,.04FAP.i<OL'RLF WNA.e413,T
Ors3=ivnTK=,At.GOA'S.,F :C&rCcx,,,,,,s ,as'1,60•.DiCE:ExFC:F?,,,-
STATE HISTORIC PRESERVATION DIVISION EweaAxaw
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KAPOLEI,HAWAII 96707 u o
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August 27,2008
Paul H.Rosendahi,PhD. LOG NO:2008.3252
President and Principal Archaeologist DOG NO:0808TD1 I
Paul H.Rosendahi,Ph.D.,Inc. Archaeology
224 Waianuinui Avenue
Hilo,Hawaii 97620
Dear Dr.Rosendahi.
SUBJECT: Chapter 6E-42 Historic Preservation Review—
Revised Archaeological Inventory Survey Report,Pualani Makai Project
Puapua`a 1g and 2°d Ahupua'a,North Kona District,Island of Hawai i
TMK: (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:PKR1 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 of your 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-i,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 collection at 31 sites(6601, 14079, 14081, 14090,
14092, 14094, 14095, 14100, 14101, 14102-14105, 14107-14109, 14I11, 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,
27-- -
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NancyMcMahon,DeputySHPO/State Archaeologist
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and Historic Preservation Manager
State Historic Preservation Division
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Figure 0-!. Locations of Subsequent Archaeological Work
i.-
EXHIBIT F
Draft Land Conveyance Agreement
to
Innovations Public Charter School Foundation
May 17, 2006
SidneyFuke, Planning Consultant
Planning•Variance•Zoning
100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 Subdivision•Land Use Permits
Telephone: 808)969-1522• Fax:(808)969-7996 Environmental Reports
E-mail:sidfuke@verizon.net
May 17,2006
Honorable Stacy Higa, Chairman
and members of the Council
HAWAII COUNTY COUNCIL
25 Auplmi 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.05413 and 05-115
FMK: 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 the school 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.
caret ,
AX/N)
S s Y M. FUKE
Planning Consultant
Enclosures
Copy—Mr. Brian Cook w/o enclosures
Ms. Kate Jacobson, Innovations Public Charter School w/o enclosures
Innovations
Public Charter School
Foundation
75-5815 Queen Ka'ahumanu Hwy,Kailua-Kona, HI 96740 808-327-6205 www.IPCS.info
MISSION STA I bMENT
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 in capital and operational projects.
The foundation offers a tax-free avenue far 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 CHARIER 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,Hawai'i 96740 and Puaa.Development,LLC and Suffolk Investuient,LLC,
both Hawaii limited liability companies,hereinafter collectively called the"Seller",
whose address is do 78-7021 Kewalo Street,Kailua-Kona,Hawai'i 96740:
WITNESSETH:
WHEREAS, County of Hawai'i 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 Hawai'i 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 Hawai'i 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,
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-site land 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 annual reports of its operations and plans to the Seller or the
County of Hawai'i, 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 CHARIER 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 CHAR l'ER SUFFOLK INVESTMENTS,LLC
SCHOOL FOUNDATION A Hawaii Limited Liability Company
By: BRIAN R. COOK
DEVELOPMENT, INC.
By: Barbara Woemer
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, LNC.
By: Brian R. Cook
Its President and Authorized Agent
Date:
w
EXHIBIT G
Planning Department's Favorable Recommendation
Suffolk Investment LLC
Change of Zone Application (REZ 04-025)
January 11, 2005
RSuffolk-REZ04-024.jwd 01-11-05
COUNTY OF HAWAPI PLANNING DEPARTMENT
RECOMMENDATION
SUFFOLK INVESTMENT, LLC
CHANGE OF ZONE APPLICATION (REZ 04-024)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for a Change of Zone 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 andior alter this position based upon
additional information presented at the public hearing, or because of later Depai talent of
Transportation comments. This favorable recommendation is based on the following findings:
The applicant is requesting a State Land Use Boundary Amendment from the
Agricultural to Urban District for 14.87 acres of land and a Change of Zone from an
Agricultural (A-5a) to a Multiple Family Residential-2,500 square foot(RM-2.5) district
for 14.87 acres of land. The applicant is proposing to develop a 250-unit market rental
housing project to help address the rental housing needs of the community. The project
would include 250 units within twenty-four(24) two and three-story structures, over 300
parking spaces for residents and guests, and a private park approximately .75 to 1.0 acre
in size.
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 deteiniined 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 request from an Agricultural-5 acres (A-5a) to a Multiple
Family Residential-2,500 square feet (RM-2.5) zoned district will conform to the
following goals, policies and standards of, among others, the Land Use and Housing
Elements of the General Plan.
LAND USE — GENERAL
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 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 request will conform to the Land Use Element of the General Plan, as it will
be compatible with adjacent urban types of uses, such as the Pualani Estates,Kahakai
Estates, Kuakini Makai, and Alii Kai Subdivisions. The General Plan Land Use Pattern
Allocation Guide (LUPAG) Map designates this area for Urban Expansion. This
request will conform to the projected need of urban growth for this area.
A favorable recommendation of this request will also conform to the following
goals and policies of the Land Use-Multiple Family Residential and Housing Elements of
the General Plan:
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.
2
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
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.
Multiple residential living is becoming a way of life for many people. This type
of housing is for those who find it financially difficult to own a single-family residence,
and those with changing employment among other reasons. In practice,multiple
residential developments use less land area per person, and locate in areas of concentrated
economic and population activity where land is scarce and costly.
The request will confoiirl to the Multiple Family Residential and Housing
Elements of the General Plan, as it will create a mix of residential housing opportunities
and maintain a housing supply that allows a variety of choices for residents of the North
Kona district. It will be located close to the Pualani Estates and Kahakai Estates
3
Subdivisions, which are made up of single family residential uses. The property will also
be located conveniently to public services such as police, fire,public schools and
employment centers located near and in Kailua-Kona. To further compliment the
policies and standards of the Muliple Family Residential and Housing Elements of the
General Plan, a condition of this favorable recommendation will require the applicant to
comply with the Affordable Housing Policy of the Hawaii County Code
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 requested zone change from an
Agricultural (A-5a) to a Multiple Family Residential (RM-2.5)zoned district conforms to
the LUPAG Map, which designates the property as Urban Expansion Area. The Urban
Expansion designation 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 develop a 250-unit market rental housing project to help address
the rental housing needs of the community. This change of zone will facilitate the
development of a framework of a concentration of urban activities occurring in an orderly
manner commensurate with the provision of necessary infrastructure. Therefore, it is
determined that the request is consistent with the urban form depicted on the LUPAG
Map for this area of North Kona.
The requested change of zone is also generally consistent with regional and
community planning documents that prescribe the County's land use policies for
this portion of North Kona. The Kona Regional Plan, adopted by the Planning
Commission in 1984, recommends the area for residential units at a density of 8 units per
acre. The applicant's request will provide for a residential density of roughly 17 units per
acre. While the requested change of zone will provide for a unit density that is greater
than the density recommended by the Kona Regional Plan, it still compliments its
fundamental goal of providing residential units within this section of North Kona.
4
The requested change of zone will not create a significant adverse impact
upon the natural resources of the area. While the project site is situated within the
County's Agricultural-5a(A-5a) zoned district, it is not currently being used for active
agricultural purposes. The State of Hawaii's Agricultural Lands of Importance to the
State of Hawai`i (ALISH)Map classifies a small portion of the southern section of the
property as "Other Important" Agricultural Lands with the remainder of the property
being unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for
the soils in the area is "E" or Very Poor. The project site has been utilized for pasture
activities in the past. Therefore, the rezoning of this 14.87-acre area from an A-5a to a
RM-2.5 zoning designation will not be detrimental to the reduction of this area from the
agricultural land inventory in the County of Hawai`i. From a land use perspective, it is a
more feasible alternative to infill urban development within this particular area of North
Kona. In doing so, it would tend to alleviate the conversion of more productive
agricultural lands in more appropriate locations within the North Kona area for urban
types of uses.
There are no significant adverse impacts that may be generated by rezoning
of the project site to a RM-2.5 zoned district upon 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(Hawaii
Belt Road) and from Kuakini Highway. Queen Kaahumanu Highway has right-of-way
width that varies from 165 and 225 feet with a pavement width of 24 feet with 10-foot
paved shoulders. The site immediately mauka has two (2)permitted accesses to the
extension of the Queen Kaahumanu Highway. The north access will be fully channelized
and signalized and will be used as one of the principal accesses to the subject property.
There will also be a 60-foot wide mauka/makai road also proposed through the property
and other properties makai of the subject site. This road will eventually connect to the
Kuakini Highway and serve as the other principal access for the rental housing project.
5
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, which will include the installation of curb, gutter, and sidewalk improvements.
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
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 from the eastern
boundary and runs northwest across the property to the west(makai)boundary where a
private park is being proposed. 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. A condition is proposed that
prevents construction of the buildings within the areas designated"AE."
Water is available for the development of the 250-unit market rental housing
project. 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.
6
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
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
infoiivation for the Planning Commission and the County Council to determine the
valued cultural, historical, and natural resources within the area sought for rezoning:
e 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.
e Response letter dated May 28, 2004 from Paul Rosendahl responding to
7
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 determined to be significant for their information content only
with 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.
None of the sites recommended for preservation are situated within the subject parcel.
There is an agricultural complex with a possible burial(Site 14091)on an adjoining
property(TMK:7-5-17:23).
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.
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:
8
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.
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 3' Draft of the
revised 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.
Based on the above findings, approval of this change of zone request from
Agricultural (A-5a) to Multiple Family Residential-2,500 square feet (RM-2.5) zoned
district would result in an appropriate land use pattern that will further benefit the general
public.
Many of the conditions of the zone change duplicate those of T.M.K. No. 7-5-17: 1 (Puaa
Development, LLC property). These conditions must be met if T.M.K. No. 7-5-17: 19 is
developed independently of T.M.K.No. 7-5-17: 1.
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.
9
J
SidneyFuke, Planning Consultant
a
1 oo100 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 J
Dear Mr. Yee: 3
Subject:Kona Community Development Plan v
Time Extension and Amendments to Rez. Ord. Nos.05-113 z --J
APPLICANT—Suffolk Development LLC
Puapua'a
1st
and 2nd,North Kona,Hawai i,TMK: 7-5-017: 010
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.
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 attached map)
Manning Dept,
Exhibit 2 13 0 7 1 6
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 Puaa Development, LLC commercial and 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
Mr. Michael Yee, Director
January 22, 2020
Page 3
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
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
suggestedframework for 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 ordefineaTOD.
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.
Sincerely
WkA
SIDNEY . FUKE
Planning Consultant
Enclosure—Neighborhood TOD Map(Figure 4-2D)
Copy—Suffolk Development LLC w/enclosure
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Figure 4-2d
Official Transportation Network Map -Nani Kailua Area
SidneyFuke, 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
February 4,2020
N
Ti
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee: r-3
Z
i
Subject:Supplementary Developer Information
Time Extension and Amendments to Rez.Ord.Nos. 05-113
APPLICANT—Suffolk Development,LLC
Puapua'a ls`and 208,North Kona,Hawaii,TMK: 7-5-017: 019
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 commercial/housing project proposed by Puaa 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, Suffolk 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 2-310'77
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
project by Puaa Investment, LLC. Additionally,over$150,000 in real property taxes for
this property alone was paid over the past fifteen(15)years,with not a single year's
payment being missed. This year's payment alone is over$8,000.
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.
Sincerely,
r)(1t
SIDNEY M. FUKE
Planning Consultant
Copy—Suffolk Development LLC
1/31/2020 qPublic.net-Hawai'i County,HI-Report:750170190000
Parcel Information
Parcel Number 750170190000
Location Address
Project Name Waiaha 1st-Puapuaanui 1st
Property Class APARTMENT
Neighborhood Code 7004-5
Legal Information LOT 5 14.872 AC DES POR RP 6716 RP 7819 LCAW 4887:2
Land Area(acres) 14.8720
Land Area(approximate sq ft) 647,824
View Map
Plat(TMK)Maps
Owner Information
Owner Names Mailing Address
SUFFOLK INVESTMENTS Fee Owner SUFFOLK INVESTMENTS
C/O BRIAN COOK
75-5660 KOPIKO ST STE C7-466
KAILUA KONA HI 96740 3611
Assessment Information
Show Historical Assessments
Market Assessed Market Assessed Total Total Total Total
Land Dedicated Land Building Building Market Assessed Exemption TaxableYearPropertyClassValueUseValueValueValueValueValueValueValueValue
2019 APARTMENT $687,300 0 687,300 $0 0 $687,300 $687,300 0 687,300
Land Information
Property Class Square Footage Acreage Agricultural Use Indicator
APARTMENT 647,824 14.872
Sales Information
Sale Instrument Instrument Date Land Court Document Cert Conveyance DocumentSaleDateAmountInstrument# Type Description Recorded Number # Book/Page Tax Type
02/26/2010 0 OTHER Grant of 03/0 /2010 0 Grant of
easement easement
06/29/2006 0 06-137881 FEE Correction deed 07/28/2006 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
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 WarrantyCONVEYANCEDeed
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
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 $4,020.70 $0.00 $0.00 $0.00 $4,020.70
Tax Bill with Interest computed through 01/31/2020 0.00 $0.00 $4,020.70 $0.00 $0.00 $0.00 $4,020.70
r
Pay online at http://payments.ehawai i.gov/propertytax/hawaii
t Other Payment Options Click Here
Planning) lap-elationTyD
Exhibit 3
https://qpublic.schneidercorp.com/Application.aspx?AppID=1048&LayerlD=23618&PageTypelD=4&PageID=9878&KeyValue=750170190000# 1/3
1/31/2020 qPublic.net-Hawai'i County,HI-Report:750170190000
Payments Amount
Year Tax and Credits Penalty Interest Other Due
2019 8,041.41 4,020.71) 0.00 0.00 0.00 4,020.70
2018 8,041.41 8,041.41) 0.00 0.00 0.00 0.00
2017 8,302.32 8,302.32) o.00 0.00 0.00 0.00
2016 7,461.55 7,461.55) 0.00 0.00 0.00 0.00
2015 8,161.37 8,161.37) 0.00 0.00 0.00 0.00
2014 8,161.37 8,161.37) 0.00 0.00 0.00 0.00
2013 8,060.47 8,060.47) 0.00 0.00 0.00 0.00
2012 6,203.22 6,203.22) 0.00 0.00 0.00 0.00
2011 6,978.93 6,978.93) 0.00 0.00 0.00 0.00
2010 6,978.93 6,978.93) 0.00 0.00 0.00 0.00
2009 7 754.65 7,754.65) 0.00 0.00 0.00 0.00
2008 7,754.65 7,754.65) 0.00 0.00 0.00 0.00
2007 7,754.65 7,754.65) 775.46) 767.71) 0.00 0.00
2006 8,616.37 8,616.37) 0.00 0.00 0.00 0.00
2005 3,191.40 3,191.40) 319.14) 218.58) 0.00 0.00
2004 100.00 100.00) 0.00 0.00 0.00 0.00
2003 100.00 100.00) 0.00 0.00 0.00 0.00
2002 100.00 100.00) 5.00) 0.55) 0.00 0.00
2001 6,652.00 6,652.00) 6.70) 7.37) 0.00 0.00
2000 6,719.00 6,719.00) 671.90) 1,124.26) 0.00 0.00
Map
4
747 7 E
0 { '..!›
etc
Recent Sales in Area
From:
01/31/2017
To:
01/31/2020
Ss _
1500
Feet •
No data available for the following modules:Condominium/Apartment Unit Information,Agricultural Assessment Information,Residential Improvement Information,
Commercial Improvement Information,Sketches,Other Building and Yard Improvements,Permit Information,Bldg Division Permit and Inspections Information.
https://gpublic.schneidercorp.com/Application.aspx?AppID=1048&LayerlD=23618&PageTypelD=4&PageID=9878&KeyValue=750170190000# 2/3
D C CA State of H awa i i
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 SUFFOLK INVESTMENT, LLC
BUSINESS TYPE Domestic Limited Liability Company (LLC)
FILE NUMBER 28621 C5
STATUS 1
PURPOSE INVESTMENT
PLACE INCORPORATED Hawaii UNITED STATES
REGISTRATION DATE Feb 17, 2004
MAILING ADDRESS 78-7021 KEWALO ST.
KAILUA-KONA, Hawaii 96740
UNITED STATES
PARTNER TERMS AT-WILL
MANAGED BY MEMBER(S)
AGENT NAME BRIAN R. COOK
AGENT ADDRESS 78-7021 KEWALO ST.
KAILUA-KONA, Hawaii 96740
UNITED STATES
Annual Filings
FILING YEAR DATE RECEIVED STATUS
2020 Not Filed
2019 Delinquent
2018 Jan 11, 2018 Processed
2017 Mar 24, 2017 Processed
2016 Jan 15, 2016 Processed
2015 Jan 3, 2015 Processed
2014 Oct 28, 2014 Processed
2013 Apr 29, 2013 Processed
2012 Jan 5, 2012 Processed
2011 Feb 18, 2011 Processed
2010 Jan 21, 2010 Processed
2009 Sep 24, 2009 Processed
2008 Apr 16, 2008 Processed
2007 Mar 14, 2007 Processed
2006 Mar 17,2006 Processed
2005 Feb 24, 2005 Processed
Officers
NAME OFFICE DATE
PUA'A DEVELOPMENT, LLC MEM Oct 11,2007
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COUNTY OF HAWAII •` 11 .. 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 HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES
A-5a)TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5)AT PUAPUA`AIKI 1s1 AND
PUAPUA`ANUI 1s1, NORTH KONA, HAWALI, COVERED BY TAX MAP KEY 7-5-17.19.
BE I"I'ORDAINED BY THE COUNCIL 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 t
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:
1. 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" 23.0,7 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:
Planning Dept.
1-
Exhibit S
5. 266° 51' 30" 57.70 feet along Lot 2, being also Royal Patent
1669, Land Commission Award 8516-B,
Apana 3 to Kamaikui;
6. 254° 52' 40" 36.98 feet along the middle of an ancient
stonewall, being also along Lot 2, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
7. 245° 28' 45" 28.89 feet along the middle of an ancient
stonewall, being also along Lot 2, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
8. 262° 11' 50" 47.31 feet along the middle of an ancient
stonewall, being also along I.ot 2, same
being also along Royal Patent 1669, Land
Commission Award 8516-B, Apana 3 to
Kamaikui;
9. 249° 23' 45" 64.25 feet along the middle of an ancient
stonewall, being also along Lot 1, being also
along Royal Patent 1669, Land Commission
Award 8516-B, Apana 3 to Kamaikui;
10. 263° 42' 30" 41.92 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. 254° 13' 40" 21.70 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:
12. 263° 10' 50" 28.26 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;
2-
13. 248° 21' 30" 34.17 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. 233° 38' 00" 12.37 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. 258° 01' 40" 84.72 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. 272° 37' 30" 20.53 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;
17. 254° 40' 45" 22.28 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;
18. 258° 37' 30" 37.35 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;
19. 270° 13' 50" 31.59 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-
20. 241° 05' 50" 17.06 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;
21. 235° 29' 45" 30.26 feet along the middle of an ancient
stonewall, being also along Lot 1, same
being also along Royal Patent 1669, Land
Commission Award 8516-13, Apana 3 to
Kamaikui;
22. 252° 15' 50" 11.93 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;
23. 5° 25' 00" 181.16 feet along Lot 2 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
24. 278° 26' 30" 37.85 feet along Lot 2 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
Thence. along Lot 2 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 1669.00 feet, the
chord azimuth and distance being:
25. 291° 23' 00" 747.57 feet:
Thence, along Lot 2 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 56.00 feet, the
chord azimuth and distance being:
26. 274° 15' 20.5'' 56.12 feet;
4-
27. 244° 11' 11" 123.00 feet along Lot 2 of Pualani Makai,being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
28. 334° 11' 11" 98.00 feet along Lot 2 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
29. 64° 1 1' 11" 285.00 feet along Lot 2 of Pualani Makai, being
also along the remainder of Royal Patent
6716, land Commission Award 4887,
Apana 2 to Thomas Sams;
30. 334° 11' 11" 246.47 feet along Lot 2 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. I,unalilo, (Certificate
of Boundaries No. 159);
Thence, along Lot 3 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 on a
curve to the right with a radius of 300.00
feet, the chord azimuth and distance being:
31. 114° 29' 18" 121.62 feet;
32. 126° 11' 00" 60.00 feet along Lot 3 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
Thence, along the remainder of Lot 3 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 300.00 feet. the chord azimuth and
distance being:
5-
33. 71° 55' 00" 487.05 feet;
Thence, along Lot 4 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 3953.00 feet. the
chord azimuth and distance being:
34. 134° 48' 00' 654.68 feet;
Thence, along Lot 4 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 150.00 feet, the
chord azimuth and distance being:
35. 113° 49' 00" 130.26 feet:
Thence, along Lot 4 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 100.00 feet, the
chord azimuth and distance being:
36. 100° 08' 00" 41.75 feet;
37. 112° 11' 00" 126.00 feet along Lot 4 of Pualani Makai being also
along the remainder of Royal Patent 6716,
Land Commission Award 4887, Apana 2 to
Thomas Sams and the Old Kailua-Keauhou
Middle Road;
38. 124° 53' 00" 85.49 feet along Lot 4 of Pualani Makai, being
also along the remainder of the Old Kailua-
Keauhou Middle Road and Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
39. 77° 31' 34" 143.74 feet along Lot 4 of Pualani Makai, being
also along the remainder of Royal Patent
6716, Land Commission Award 4887,
Apana 2 to Thomas Sams;
Thence, along the Fasterly side of Kuakini Highway (F.A.S.P. No. S-229(1))on a
curve to the left with a radius of 2222.70
feet, the chord azimuth and distance being:
6-
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, 1[awai'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 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. 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 (TZAR), 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 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
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.
0. 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 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
drywclls shall be installed to address existing local drainage on the mauka
side of Kuakini I lighway 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: 1 so that the property can be 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. Iideemed 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
10-
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
RE- or"shaded' Zone "X" by Flood Insurance Rate Maps (FIRM) as
amended by any applicable LQMR. 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 he 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.
0. 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.
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 (DT,NR-SHPT)).
Proposed mitigation treatment for the burial sites within the subject
property shall he approved by the SHPD'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 he terminated for any
reason,the land and improvements thereon shall be conveyed in fee to the
County of Hawai`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 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.
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
S1,551,515.00 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:
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 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, 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 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
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.
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 he 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 of
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-
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:
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COUNCIL M$'MBER, COU ferF)IA :I`I
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COUNCIL MEW R, COUNTY OF HAWAII
Hu n 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
R::r=RENCE: Comm. 106.71
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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 MULTIPLE-FAMILY RESIDENTIAL (RM-2.5)
AT PUAPUA'AIKI 1st AND PUAPUA'ANUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017019 Date:September 29,2004
EXHIBIT "A" SUFFOLK INV., LLC:1152)
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, I-Iawai`i
introduced By: Pete Hof fmann/K. Angel Pilago ROLL CALL VOTE
Date Introduced: July 7, 2005 AYES NOES ABS EX
First Reading: Ju 1 y 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
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 44",
FORM AND LE2ALlTY:
y CO CIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF H,pWAI'1
Date 1 -- / l.`'-
COUNTY CLERK f"
Bill No.;
30 (Draft 3)
C-106. 71/PC-25Apprtne 'Disapproved this Reference:day
of 2O o S Ord No.:05 113
A A/'1C , O
DAVID V.IGE k JADE T.BUTAY
GOVERNOR T•'i
fl ss.•+' DIRECTOR
S.
4
Deputy Director
i1M+
4
ff LYNN A S.ARAKI-REGAN
Fr ;J'DEREK J.CHOW
ROSS M.HIGASHI
EDWIN H.SNIFFEN
STATE OF HAWAII IN REPLY REFER TO
DEPARTMENT OF TRANSPORTATION STP 19-132
869 PUNCHBOWL STREET HWY-PS 2.1902HONOLULUHAWAII96813-5097
January 10, 2020
Mr. Michael Yee
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3 3
Hilo, Hawaii 96720
Dear Mr. Yee:
Subject: Amendment to Change of Zone Ordinance No. 05-113 (REZ 04-000024)
Suffolk Investment, LLC
Pualani Makai Master Planned Community
North Kona, Hawaii
Tax Map Key: (3) 7-5-017: 019
Suffolk Investment, LLC proposes to develop the subject parcel as the residential portion of the
Pualani Makai Master Planned Community. An adjacent parcel, (3) 7-5-017:001, is being
developed by Puaa Investment, LLC, as the commercial 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. 05-1 15 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.
Planning Dept' 13 08,. 0
Exhibit__„ to
Mr. Michael Yee IHWY-PS 2.1902
January 10, 2020
Page 2
There are 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(TIAR), 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 (TZAR), 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 s
shall be
completed prior to the issuance of a certificate of occupancy for non-residential structures
or final inspection of any residential structures."
Mr. Michael Yee HWY-PS 2.1902
January 10, 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 a)hawaii.gov. Please reference file review number PS 2019-164.
Sincerely,
61/ l
JADE T. BUTAY
Director of Transportation
DAVID Y.IGE BRUCE S.ANDERSON PhD.
GOVERNOR OF HAWAII
h '` " °
k."
sg ' DIRECTOR OF HEALTH
A
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
co
rt
MEMORANDUM
3
DATE: December 20, 2019
TO: Mr. Michael Yee Lo
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Amendment to Change of Zone Ordinance No. 05-113 (REZ-04-000024)
Applicant: Suffolk Investments, LLC
Request:Amendment to Condition B, Condition C, Condition D,
Condition E, Condition F, Condition H, Condition I, Condition U,
Condition V, Condition X, Condition Z
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 11-541,
A Section 401 Water quality Certification (WQC) is required if your
project/activity:
Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
May result in a discharge into State waters. The term"discharge" is
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:Manning Dept.
1
Exhibit - 3 0 0 5 0
Michael Yee
December 20, 2019
Page 2 of 4
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
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.gov/epermit/.
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 CWB website at: http://health.hawaii.gov/cwb/.
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
the e-Permitting Portal website located at:
Michael Yee
December 20, 2019
Page 3 of 4
https://eha-c loud.doh.hawai i.gov/eperm it/.
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
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 funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
Michael Yee
December 20, 2019
Page 4 of 4
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.
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 for 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.
ei WATERS
4.....-_.. ... ...
191 49,
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
64;;: ; ' 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAII 96720OgH;;;Nt
TELEPHONE (808)961-8050 • FAX (808)961-8657
January 8, 2020
TO: Mr. Michael Yee, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Ordinance No. 05-113 (REZ 04-000024)
Request—Amendment to Conditions B, C, D,E, F,H, I, U,V, X and Z 4
Applicant—Suffolk Investments, LLC
Tax Map Key 7-5-017:019
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. Due to the multiple agreements for the 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. • • • 'Water, Our llost Precious Resource. . . 2(a Wai A pane. . .
0TheDepartmentofWaterSupplyisanEqualOpportunityproviderandemployer.
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,
111 11444/V+
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg
copy - Suffolk Investments, LLC
Mr. Sidney Fuke, Planning Consultant
Harry Kim j .'%, 1/,';r i David Yamamoto,P.E.
Mayor M' Director
i Of Hf'-'"
Roy"Cakemoto Allan C.Simeon,P.E.
Managing Director Deputy Director
County of 4 .atu tt`t
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street,Suite 7• Hilo,Hawai`i 96720-4224 t
808)961-8321 -Fax(808)961-8630
public_works cr,hawaiicounty.gov
MEMORANDUM
T3
Date: December 18, 2019 r..1
To: Michael Yee, Planning Director r—z
r
From: Department of Public Works, Engineering Division
Subject:Amendment to Change of Zone Ordinance No. 05-113 (REZ 04-000024)
Applicant: Suffolk Investments, LLC
Request:Amendment to Condition B (Time to Pay Water Deposit),
Condition C (Time to Complete Construction), Condition D (delete
Rental Housing Restriction), 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 U
Requirement of a 5-Acre School Site & Improvements), Condition
V(Fair Share), Condition X (Affordable Housing Requirement and
Change Housing Program Approving Authority), and Condition Z
Administrative Time Extension)
Tax Map Key: 7-5-017:019
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.
1CountyofHawaiiisanEqualOpportunityProviderandEmployer. 2 9 9 6 7Exhibit, et ...,,_
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.
Harry Kim
Mayor 04!.. ""•lw
0 L;; :, . Duane Hosaka
Roy Takemoto g,`.,t• '%
Housing Administrator
r
Managing Directorsem • Alisa A.Hanselman
Assistant Housing4.-....s Administrator
Barbara J.KossowTi'o;os-
Deputy Managing Director
County of Hawaii
Office of Housing and Community Development
1990 Kino`ole Street,Suite 102 • Hilo,Hawaii 96720 • (808)961-8379 • Fax(808)961-8685
Existing Housing:(808)959-4642 • Fax(808)959-9308
Kona: (808)323-4300 • Fax(808)323-4301 0ry
r-~ u
January 2,2020
Via Electronic Mail only
Michael Yee
aPlanningDirector3
County of Hawaii Planning Department
101 Pauahi St., Suite 3
Hilo, Hawai`i 96720
e-mail: Michael.Yee(dhawaiicounty.zov
Re: Amendment to Change of Zone Ordinance No. 5-113 (REZ 04-00024)by
Suffolk Investments, LLC
Dear Mr. Yee:
The Office of Housing and Community Development(OHCD)would like to recommend the
following language be substituted for the existing Condition X of the amendment to the above
referenced change of zone 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,
Hawai'i County Code relating to the Affordable Housing Policy. Compliance shalt be
memorialized in an affordable housing agreement which shall be approved by the
Administrator of the Office of Housing and Community Development 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 through
use of any affordable housing credits generated off site or by any in-lieu fee. Further, as
represented by the applicant, a minimum of 20 percent of the affordable units shall be
rented at 80 percent or less than the average median income (AMI), and the remaining
units at 120 percent or less than the AMI.
For the sake of fairness and standardization, OHCD strongly favors the substitution of current
Chapter 11 code requirements for existing language in any amendment to a change of zone
ordinance,unless there is a compelling reason not to do so.
8200dnco
EQUAL HOUSING
Planning Dept. OPPORTUNITY
x. 30253
Michael Yee
January 2, 2020
Page 2
OHCD believes a key clement to the success of Chapter 11 is an affordable housing agreement
that will set forth in detail obligations of both the developer and the County. The Administrator
will work with developers to generate such agreements. These agreements should be filed with
the Bureau of Conveyances.
Further, OHCD agrees with the comments made by the developer regarding the responsibility to
approve any agreement made between the Housing Administrator and the developer. OHCD
believes the Administrator should recommend approval of any affordable housing agreement,
which would then be passed to the mayor for final approval.
Should you have any questions or concerns,please don't hesitate to call me.
Very Tru Yours,
DUANE HOSAKA
Housing Administrator
f. OF Hy St/ANNE D.0\lF:
DAVID Y.IGE t {959 {/\ CR.\IRIERSON
GOVERNOR OF I-OW i1 BOARD OI L AND VED NATUE.At.RESOURCES
COMMISSION ON\\A"IEK RESOURCE
4{ } MAN.10E)IEiNT
k,„,.<
1 and 4,4e
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ry
gerr 3 4A.a
STATE OF HAWAII
sr. DEPARTMENT OF LAND AND NATURAL RESOURCESteofNaa
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
December 10, 2019
MEMORANDUM
W~«
DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X Engineering Division
X Div. of Forestry&Wildlife
Div. of State Parks
X Commission on Water Resource Management
Office of Conservation & Coastal Lands
X Land Division— Hawaii District
X Historic Preservation
EI
1\7173Russell Y. Tsuji, Land Administrate
y
f '"!SUBJECT: Amendment to Change of Zone Ordinance No. 05-113 (REZ 04-000024)
Request for Amendment to Condition B (Time to Pay Water Deposit),
Condition C (Time to Complete Construction), Condition D (Delete Rental
Housing Restriction), etc.
LOCATION: Puapua'a 1s=and 2"d, North Kona, Island of Hawaii; TMK: (3) 7-5-017:019
APPLICANT:County of Hawaii on behalf of Suffolk Investments, LLC
Transmitted for your review and comment is information on the above-referenced
subject matter. Please submit comments by December 30, 2019.
If no response is received by this date, we will assume your agency has no comments.
If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or
by email at darlene.k.nakamura( hawaii.gov. Thank you.
We have no objections.
We have no comments.
J) Comments are attached.
Signed:f,
Print Name: tarty S. ang, Chief Engineer
Date:c4 /l
Attachments
cc: Central Files
Planning Dept.
Exhibit kk
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell V. Tsuji
Ref: Amendment to Change of Zone Ordinance No. 05-113 (REZ 04-000024)
Request for Amendment to Condition B (Time to Pay Water Deposit),
Condition C (Time to Complete Construction), Condition I) (Delete Rental
Housing Restriction), etc.
Location: Puapua'a Pt and 2"d,North Kona,Island of Hawaii
TMK(s): (3) 7-5-017:019
Applicant: County of Hawaii on behalf of Suffolk Investments,LLC
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of
the Code of Federal Regulations(44CFR), are in effect when development falls within a
Special Flood Hazard Area(high risk areas). State projects are required to comply with
44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the
minimum standards as set forth by the NFIP. Local community flood ordinances may
stipulate higher standards that can be more restrictive and would take precedence over the
minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard designation for the project. Flood Hazard Zones are designated
on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood
Hazard Assessment Tool (THAT)(http://gis.hawaiinfip.org/FHAT),
If there are questions regarding the local flood ordinances,please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7253.
o Kauai: County of Kauai, Department of Public Works (808) 241-4896.
Signed:
CARy CHATT,CHIEF ENGINEER
Date:Ii l 3 I t
LINDA LINGLE SE o ryq ANTHONY J.H.CHINGGOVERNOR
tr.•.i9sb:v EXECUTIVE OFFICER
sty _=,1020)..
STATE OF HAWAII
r.^7 pmDEPARTMENTOFBUSINESS, ECONOMIC DEVELOPMCh I&I-TOUR4SM 1
LAND USE COMMISSION
t, : 1,iP.O.Box 2359
Honolulu,Hawaii 96804-2359
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 I.,and. 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 15t, 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
r..,_
ti/ -
ERHit et
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. !' H G F,/
Executive Officer
c:Office of Planning
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
Email:sidfuke@hawaiiantel.net
Environmental Reports
January 22,2020
f".9
Mr. Michael Yee, Director
Planning Department r
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
Subject:Response to Agency Comments
Time Extension and Amendments to Rez. Ord.Nos.05-113
APPLICANT—Suffolk Investment,LLC
Puapua'a 1 st and 2°d,North Kona,Hawaii,TMK: 7-5-017: 019
Thank you for providing me with a copy of agency comments to date. Before
responding to them, I would like to initially apologize for the error in the proposed
language to amend Condition C. In using the Puaa Development, LLC's request as a
template,I inadvertently left that language in. It should thus have read: "Construction of
the proposed development shall [be completed] commence within five(5)years from the
effective date of this ordinance, and be substantially completed within ten(10)years."
Relative to the agency comments,we respond as follows:
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")
The OHCD suggested language that is substantively similar to what the applicant
proposed. As such,the applicant has no objections to its recommendation. While not
stated, it is understood that any excess credits is still credited to the applicant, successor,
or assigns. If not,we would appreciate retention of that clause.
Planning Dept. 130 7 .i8
Exhibit I
Mr. Michael Yee,Director
January 22, 2020
Page 2
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. In trying
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 Makai
Road Networks", 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 entitled
DOT Drainage Culvert Improvements"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 the
State Department of Transportation, 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 deep
retention basin near Kuakini Highway and on the subject site. 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. In
that regard, 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 addressed
in Conditions L and N.
Mr. Michael Yee,Director
January 22, 2020
Page 3
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 County
right-of-way. The former is already covered by Conditions 0 and P.
Department of Environmental Management("DEM")
The Solid Waste Division did not have any comments on the request. Normally, a Solid
Waste Management Plan is required for projects of this nature. In that regard,Condition
R already addresses this matter.
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 other
drainage type improvements to address runoff. This will be complied with during the
construction phase of this project.
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 very
much.
ncLrely,
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy—Suffolk Development LLC w/o enclosures
SETTLEMENT AGREEMENT AND RELEASE
1
1. The parties to this agreement are:
a) Westpro Development, Inc., a Nevada corporation, whose mailing
address is 75-143 Hualalai Road, Suite 202, Kailua-Kona, Hawaii 96740
WES 1'PRO");
b) International Development Projects, Ltd., a Hawaii Corporation,
clo 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
PUALANI");
d) Grant Johnston, do James Kawachika, Esq., Pacific Guardian
Center, Makai Tower, 733 Bishop Street,
24th Floor, Honolulu, Hawaii
96813 ("JOHNSTON");
e) Carlsmith Ball LLP, 121 1Vaianp.enue Avenue, Hilo, Hawaii 96720
CARLSMITH");
f) Department of Water Supply, County of Hawaii, 345 Kekuanaoa
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 teini ,"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 IPRO's property
more specifically described by TMK(3)7-5-I7-01, 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 commiitttents, all other claims by and between WESTPRO as
Plaintiff and IN 1'ERNATIONAL, 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
WES TYRO on or about September 20, 2002. As part of the same sales
transaction, INTERNATIONAL assigned to WES'I'YRO a total of 510 rights to
water commitments, 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 WESTYRO. Although a total of 510 rights to water
commitments were to be transferred or assigned to WES TYRO by
2
LNT I ERNATIONAL, only 368 rights to water commitiuents were available
thereby leaving a shortfall of 142 rights to water commihh'tents.
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 shall be entitled to a total of 510 rights to water
commit ri tents 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 PROJECT 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 WES'I'PRO 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,
WES TYRO 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 commitmentsments to WESTPRO shall be
exclusively used within the MAKA1 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, IN I ERNATIONAL, PUALANI, JOHNSTON,
CARLSMITH, DWS and the WATER 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 through 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,
LTD., and PUALANI ESTATES, INC.
Area C-1: 20 rights to water commitments to Uluwehi Parcel
Subdivision
TMK: (3) 7-5-17:21
Assignee: ULUWEBI PROPERTIES, LLC
Area D: 368 rights to water comm;I gents to MAKAI 64 ACRE
PROJECT AREA
TMK: (3) 7-5-17:01, 19, 23, 25 and 26
Assignee: WES 1'PRO DEVELOPMENT, INC.
5
These 368 rights to water commitments shall run with the land and
shall not be sold and/or transferred for use off MIK (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 unknown, 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
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. WES TPRO 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 WES 1'PRO against DWS and WATER BOARD that
WES'IPRO has been assigned, sold or promised as of the date of
this Settlement Agreement and Release, any additional rights to
water commitments for the MAKAI 64 ACRE PROJECT AREA
beyond and other than the total of 510 rights to water
commitments for the MAKAI 64 ACRE PROJECT AREA
referred to herein.
b. WES'1'PRO represents, covenants, and warrants that it has not
assigned, sold or promised to anyone, any rights to water
commie ft lents 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
attached hereto as Exhibits "A" and "B", or the Jirne 17, 1994
Agreement for Assignment and Transfer of Rights to Water
Commitment Units of the Kealakekua Water Source Agreement.
Further, WES I'PRO acknowledges and agrees that there shall be
no transfer of the 510 rights to water commitments off the
MA:KAI 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 WES IPRO 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 from 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,
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 (1)herein.
f 1TT'T 1 TATT(IRT T DT T!T ARTT .,nr; TCITTNTQTCIT T agree o1Vtea . \1 .I ill V l\ +',A
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, PUALANT 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, Elated 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.
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 and no other rayme..ntr ronssidert.µl n habee
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. Tnstead, 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
WES i'PRO 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 1'PRO, as Plaintiff, and
IN I'ERNATIONAL, 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
signatories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original document.
Date: cc' . 2004
WESTPRO DEVELOPMENT, INC,
by its
Date: 3 2004
INTERN DEVELOPMENTAL
PROM,j :, L1'll
by its
00"- i or Date: ,2 l / 2004
by its le‹,
41F- Date:Date: Ji ff /- , 2004
CGRANT Joie TON
Date:2004
CARLSMITH BALL LLP
by its
Date:2004
DEPARTMENT OF WATER SUPPLY,
COUNTY OF HAWAII
by its
14
pa i. J. LVV't J•J`tliw UCCLC llYu (X rtU u tVo. l tU r.
signatories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original document.
1Z1.121 Date: //Wit/ 15: 2004
S 9g,9 DEVELOPMENT,INC,
by its t
Date: 2004
INTERNATIONAL DEVELOPMENT
PROJECTS,LTD.,
by its
Date: 2004
PUTAL4NI ESTATES,INC.
by its
Date: 2004
GRANT JOHNSTON
Date: 2004
CARLSM[TH BALL LLP
by its
Date: 2004
DEPARTMENT OF WATER SUPPLY,
COUNTY OF HAWAII
by its
14
signatories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original document.
Date:2004
WES TYRO DEVELOPMENT, INC,
by its
Date:2004
INTERNATIONAL DEVELOPMENT
PROJECTS, L
by its
Date:2004
PUALANT ESTATES,INC.
by its
Date:2004
GRANT JOHNSTON
444
Date: March 15 2004
CARLSMITH BALL LLP
by its Managing Partner
Date:2004
DEPARTMENT OF WA 1 ER SUPPLY,
COUNTY OF HAWAII
by its
14
signatories had executed a single signature page. Any unexecuted duplicate
pages may be omitted from the assembled original document.
Date:2004
WES 1 PRO DEVELOPMENT, INC,
by its
Date: 2004
INTERNATIONAL DEVELOPMENT
PROJECTS, LTD.,
by its
j Date:2004
PUALANI ESTATES, INC.
by its
Date:2004
GRANT JOHNSTON
Date:2004
CARLSMITH BALL LLP
by its
Date: 2 " 2004
1DEPARTMENTOFWA lR SUPPLY,
t
COUNTY OF HAWAII
by its Manager
14
Date:2004
WATER BOARD OF THE COUNTY 1
OF HAWAII
by its
Approved as to form:
W lLLTL ivl J. DEELEY
Attorney for WES f'PRO DEVELOPMENT,
INC.
J• S • KA.WKCHIKA
ttorn- for IN fERNATIONAL
DE OPMENT PROJECTS, LID., .
PUALANI ESTATES, INC., and GRANT
JOHNSTON
SIDNEY K. AYABE
Attorney for CARLSMITH BALL LLP
KATHERINE A. CARSON
Attorney for DEPARTMENT OF WA I R
SUPPLY, COUNTY OF HAWAII and
WATER BOARD OF THE COUNTY OF
HAWAII
15
LINDA LINGLE KE,..•`. z ERENNON T.MORnKA
GOVERNOR iy:' sD,•`';
DiR ECTOR571
t.:%
Deputy Directors
MICHAEL D.FORMBY
FRANCIS PAUL KEENO
BRIAN H.SEKIGUCH:
NRO A.SUMADA
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO.
HIGHWAYS DIVISION
HAWAII DESTR:CT H\3v Y-H 10-2.0065
50 MAKAALA STREET
HILO,HAWAII 96720
TELEPHONE:(808)933-8866 O 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,Hawai`i
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 Hawai`i 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 Hawai`i Department of Transportation,Highways Division "Construction Best
Management Practices Field Manual" can be down loaded from the web site at
http://w,,,vw.stormwaterhawaii.com/resources/".
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 Perfomi 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,
STANLEY M. T'APVIURA
Hawai`i District Engineer
Encl.
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