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Home My WebLink AboutBACKGROUND & EXHIBITS BPalamanuiAmendREZ09-94.doc-10/6/20 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PALAMANUI GLOBAL HOLDINGS LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-131 (REZ 09-94) PALAMANUI GLOBAL HOLDINGS LLC has submitted an application for a time extension to Condition E (Secure Final Subdivision Approval) of Ordinance No. 09-131,which rezoned 29.92 acres from the Project District(PD) to Industrial-Commercial Mixed-20,000 square feet(MCX-20)zoning district in 2009. The property is part of the proposed Palamanui development located northeast of the Kona International Airport at Keahole,between Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Kau,North Kona, Hawai`i, TMK: (3) 7-2-005: Portion of 001. APPLICANT'S REQUEST AND REASONS 1. Applicant's Request: The applicant is requesting a 5-year time extension to comply with Condition E of Change of Zone Ordinance No. 09-131, which states: "Final Subdivision Approval shall be secured within five(5)years from the effective date of this ordinance." This condition required final subdivision approval within the rezone area be secured by November 4, 2014. In April 2015, the Planning Director issued an administrative time extension until November 4, 2019 to comply with Condition E. 2. Applicant's Reasons for the Request: The applicant did not obtain Final Subdivision Approval because the road access to the MCX rezone area was not constructed or bonded by the deadline due to delays with the overall Palamanui Development schedule. 3. Current Proposed Development: The 29.92-acre rezone area is a portion of an approximately 70-acre area titled"Palamanui Business Park"under the Project District designation of the Palamanui Development on the subject property. The applicant plans to use the area for wholesaling and distribution uses, which the Project District zoning does not permit. The 29.92-acre area is proposed to be subdivided into approximately 35±lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses -1- permitted under the MCX zoning. The applicant anticipates developing distribution and wholesaling uses, as well as retail and office uses on the site. A mix of buildings from 5,000 square feet to 40,000 square feet is anticipated. Since August 2013, the applicant has been consistently meeting with the Planning Department through its Kona CDP Design Center and has spent considerable time and money to create an updated Master Plan or"Regulating Plan",which in 2019 was determined by the Design Center to be consistent with the Kona CDP. According to the applicant's "Regulating Plan"submitted with a concurrent request to amend Project District Ordinance No. 09 132, development of the Business Park will occur during Phase III-IV. The cost of the initial improvements is estimated at approximately$3 million. Individual projects on the lots will be constructed in the future at a rate of approximately $4-5 million each year. The Palamanui Business Park is anticipated to accommodate approximately 75-95 businesses. Parking will be provided on the individual lots as required by the Zoning Code. Palamanui,the master developer, will provide subdivision improvements including curb, gutter, sidewalks and on-street parking. 4. Landowner: Palamanui Global Holdings, LLC. 5. Supportive Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1—Change of Zone Application dated May 20,2020 with enclosed amendment request) AGENCIES' COMMENTS 6. State Department of Transportation: P.D. Exhibit 2—September 9, 2020 letter 7. Department of Water Supply: P.D. Exhibit 3- September 21, 20020 memo AGENCIES-NO COMMENTS OR CONCERNS 8. Police Department, Department of Public Works, Department of Environmental Management. AGENCIES-NO RESPONSE 9. Fire Department, State Department of Health, State Land Use Commission, State Department of Land and Natural Resources, Makalei Community Association. PUBLIC COMMENTS 10. None as of this writing. -2- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Palamanui Global Holdings, LLC APPLICANT'S SIGNATURE: ��- 2.1 DATE: 5/20/20 ADDRESS: 737 Bishop Street Suite 2750 Honolulu,Hawaii 96813 ) LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Steven W.Colon, Paul Kay PHONE:(Bus.) 808-585-7900 (Res.) (Fax) LANDOWNER(S): Palamanui Global Holdings,LLC LAND OWNER SIGNATURE(S): �• DATE: 5/20/20 (May be bv letter) LANDOWNER(S) ADDRESS: Same as applicant's REQUEST: MCX TO MCX(Amended Condition) (Existing zoning) portion of(3) 7-2-005:001(Proposed Zoning) TAX MAP KEY: STREET ADDRESS OF PROPERTY: 72-3977 Queen Kaahumanu Highway SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 29.92 acres AGENT: ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Paul Kay COPIES: 737 Bishop Street Suite 2750 Honolulu, HI 96813 1334 3 3 Planning Dept. Exhibit To: Planning Department County of Hawaii From: Palamanui Global Holdings, LLC. Request for Amendment to Zoning Ordinance No. 09-131 Condition E . " Final subdivision approval shall be secured within five(5)years from the date of this ordinance. " The 5 year deadline was Nov 4, 2014. The applicant did not obtain final subdivision approval because the road access to this mcx area was not constructed or bonded by the deadline. This was due to delays with the overall Palamanui Development Schedule. Therefore, the applicant, Palamanui Global Holdings, LLC , hereby requests an amendment to Condition E stating : "Final Subdivision Approval shall be secured within 5 years from the date of approval of this ordinance extending the effective date of Ordinance No. 09-131 ". Thank you . Mr.Michael Yee STP 8.3014 September 9,2020 Page 2 Federal Regulations, Title 14, Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 feet. Construction equipment and staging area heights, including heights of temporary construction cranes, shall be included in the submittal. The form and criteria for submittal can be found at the following website: https://oeaaa.faa.gov/oeaaa/external/portal.jsp 3. Due to the proximity to the airport,the developer should be aware of potential single event noise from aircraft operations. There is also a potential for fumes, smoke, vibrations, odors, etc., that may result from occasional aircraft flight operations over the project location. 4. The Airport Zoning Act, Hawaii Revised Statutes, Chapter 262, requires HDOT-A to prevent hazards and non-conforming uses that conflict with the FAA Hazardous Wildlife Attractants requirements. FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports, requires a minimum distance of five (5) statute miles between the farthest edge of the Airports Operations Area(AOA) and the hazardous wildlife attractant if the attractant could cause hazardous wildlife movement into or across the approach or departure space. We recommend using appropriate landscaping that deters bird nesting and foraging and the prohibition of water features in the park design. Highways Division(HDOT-HWY) The time extension for final subdivision approval requested under Condition E would not impact State highways. If there are any questions, please contact Mr. Blayne Nikaido of the HDOT Statewide Transportation PlanningOffice at(808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. e \ .Sincerely, JADE T. BUTAY Director of Transportation I OT W ATgA 8 A .� 1• • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 0,01100.0 TELEPHONE (808)961-8050 • FAX (808)961-8657 t September 21, 2020 1 TO: Mr. Michael Yee. Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No.09-131 (REZ 09-000094) Applicant—Palamanui Global Holdings LLC Request: Amendment to Condition E(Secure final Subdivision Approval) Tax Map Key 7-2-005:Portion 001 We have reviewed the subject request and have the following comments and conditions. Water will only be available subject to the applicant complying with the requirements of the Water Agreement and completion and dedication of necessary water system improvements to support any development within the project. The Department will request to revise the water master plan for this project to correlate the necessary water system improvements with the proposed phasing of the development's master plan. Lastly, please he informed that due to the conditions in the Water Agreement. the amount of water available for proposed developments within the project are subject to the performance of the well that is currently being repaired. The applicant has submitted an amendment to the existing Water Agreement and is being reviewed by the Department. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours. 0,1\ Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Palamanui Global Holdings LLC Planning Dept. . . . Water, Our Most Precious Wcsource. . . 7(2 WWai),4 Vine. . . 1 3 s 3 4 Exhibit 13 The Department of Water Supply is an Equal Opportunity provider and employer g)f