HomeMy WebLinkAboutRECOMMENDATION •
RPalamanuiAmendREZ09-94.doc 11/10/20
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PALAMANUI GLOBAL HOLDINGS LLC
AMENDMENT OF CONDITION E
CHANGE OF ZONE ORDINANCE NO. 09-131 (REZ 09-94)
Upon review of the request, the Planning Director recommends that a favorable
recommendation of the request to amend Condition E(secure final subdivision approval) of
Change of Zone Ordinance No. 09 131 be forwarded to the County Council. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position based upon additional information presented at the public
hearing. This favorable recommendation is based on the following findings:
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.
The applicant did not obtain Final Subdivision Approval because the road access
to the Industrial-Commercial Mixed (MCX)rezone area was not constructed or bonded
by the deadline due to delays with the overall Palamanui Development schedule.
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 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. The cost of the initial improvements is estimated at
approximately$3 million. Individual projects on the lots will be constructed in the future
-1-
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.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants,successors or assigns, and that
are not the result or their fault or negligence. 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.
Because development of the Business Park is not anticipated to begin until Phase
III of the overall Palamanui Development, the Planning Director recommends providing a
ten(10)-year time extension to secure final subdivision approval rather than the standard
five years requested by the applicant. Additionally,to ensure connectivity between the
University Village and Business Park, the Planning Director recommends University
Drive between Queen Ka`ahumanu Highway and Ane Keohokalole Highway and the
University Drive-Queen Ka`ahumanu Highway intersection be completed prior to final
subdivision approval.
Since the MCX zoning was approved in 2009,the applicant has taken several
steps in developing the property in accordance with the terms or conditions of approval,
including providing road, water and electrical infrastructure,preparing a water master
plan, rough grading University Drive, which provides access to the rezone area, and
implementing the Integrated Natural Cultural Resource Management Plan to preserve
natural and cultural resources on the property. Thus, the non-performance is the result of
conditions that could not have been foreseen and were beyond the control of the
applicant.
-2-
Approval of this request is not be contrary to the General Plan or Zoning
Code nor with the original reasons for granting the Change of Zone. There have not
been any significant changes to the General Plan for this area since the change of zone
was approved in 2009. At that time, the General Plan LUPAG Map designation for the
property was the same that it is today, Urban Expansion. This designation allows for
industrial and commercial development; thus, the current Industrial-Commercial Mixed
(MCX) zoning is consistent with the General Plan designation.
The zoning continues to be consistent with the Kona Community Development
Plan, as the MCX-zoned area is part of the larger Palamanui project which is designated
as a Transit Oriented Development(TOD) in the Kona CDP. The industrial-commercial
land uses in the rezone area will serve the residents and businesses in the larger
Palamanui development and University campus. Lastly, the reasons for granting the
original change of zone have not changed. The applicants still proposed to subdivide the
rezone area into approximately 35±lots ranging in size from 20,000 to 62,000 square feet
to sell or develop into uses permitted under the MCX zoning, such as distribution and
wholesaling uses, retail and office uses.
In addition to the amendment to Condition E to provide a 10-year time extension,
the Planning Director recommends amendments of other existing conditions in the
ordinance, to include but not be limited to the following conditions, to reflect the current
standard language for conditions of approval and to reflect conditions the applicant has
already complied with.
Condition D is amended to indicate a revised Water Master Plan is required for
the new phasing plan and updates the condition to say the applicant must comply with the
Water Agreement on file, which is in the process of being amended. This amendment was
recommended by the Department of Water Supply in their memo dated
September 21, 2020.
Condition H is amended because single-family residential lots are not a permitted
use in the MCX zoning district. This language was included in Ord. 09 131 as a"cut and
paste"error.
Condition 0 is deleted to reflect the Queen Ka`ahumanu Highway widening
improvements to the airport were completed and opened in 2018.
-3-
This favorable recommendation is made with the understanding that the
applicants remain responsible for complying with all other applicable governmental
requirements in connection with uses permitted within the Industrial-Commercial Mixed
(MCX)zoning district,prior to its commencement or establishment upon the subject
property. Additional governmental requirements may include the issuance of building
permits, compliance with the Fire Code, installation of improvements required by the
American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this favorable recommendation;
failure to comply with such requirements will be considered a violation that may result in
enforcement action by the Planning Department and/or the affected agencies.
Based on the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 09131. The
accompanying draft bill to amend Ordinance No. 09 131 is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
Material to be deleted is bracketed and struck through; new material is underscored.
-4-
,
,
.......
COUNTY OF HAWAN ' -i.6--•-fN),?. STATE OF HAWAYI
)
......
BILL NO.
ORDINANCE NO.
( lavInin) Dif-(--)
AN ORDINANCE AMENDING ORDINANCE NO. 09 131 WHICH RECLASSIFIED LANDS
FROM PROJECT DISTRICT (PD) TO INDUSTRIAL-COMMERCIAL MIXED—20,000
SQUARE FEET (MCX-20) AT KATI, NORTH KONA, HAWAN, COVERED BY TAX MAP
KEY: 7-2-005:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAN:
SECTION 1. Section 2 of Ordinance No. 09 131 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2-00-5
Edition)] (2016 Edition, as amended), 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.
;
'
INSERT CONDITIONS
,
SECTION 2. Material to be deleted is bracketed and stricken. New material is
,
' underscored. ,
;
;
;
,
-1-
,
,
,
,
,
1
s §
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity
does not affect other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are
severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
{
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
N
OPEN r A-542A-500a
OPEN !
c+�ic 1
OPEN !
/
I A-5a
!
PROJECT DISTRICT(PD)TO
109495 INDUSTRIAL-COMMERCIAL MIXED-
18,804 22 W 20.E SQUARE FEET(MCX-20)
"AKAHIPU'U"
29.920 ACRES
OPEN Pb ! A-50: A-500a
ibilin !
r
OPEN !
PD !
! A-5a -
Pb A-5a
OPEN
s �
z
, PD A-5a
O N ! Pb
! A-5a �,
MG-la I 1661
�4 ! 4'14 2I
OPEN fz r! ` \ •.
• OPEN r++,r,,1'I
IMG-15• •• ! :ra
OPEN II �i !!aimmrie1n11 OPEN ! _ja1-■.� ! 510
.re
A-5a
.'.ars
OPEN ��nr,,r 1111111/1111111111111no■■nii�1111111/1
■■ Li ti''sn 1111111/IIIIIIIIuu nnuftf111 11111U11
■ w%i:b •�1•n 1_6C�!1�umffftfn mn.■uffu lllWi:N
! ►��q•r6�%i��i���"•'�• �IQIIIIIIIII1111�11111111 ILIIII
! ►�4i ���ii��:b S`�� 11�1��"'7111:
wiii■ , two 8:2:q staii�_u Win nauq,.q, .�,.�;/.w�'.�ia7111
1 7.�S_'�h,�c�:�:nnmuurz.„,:..„:::::,...4,7474.
.:nuq o.,;•: �►�•� �����' � rn.
0 1,750 3,500 7,000 10,500 14,000 „;,
(
ne:•�•;Fee
•` h:. =17.i, .........fi—.�...iine. IIaiaar .-!! uonnnvat:_-e
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE)OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM PROJECT DISTRICT (PD) TO
INDUSTRIAL-COMMERCIAL MIXED -20,000 SQUARE FEET (MCX-20)AT
KAU, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII,PLANNING DEPARTMENT
FOR REFERENCE ONLY
TMK 7-2-05 por 1 DATE Apnl 21,2009
EXHIBIT"A” C-16Lk (Palamanw Global Holding LLC
Map 1262)
EN-1 Jv
CPalamanuiAmendREZ09-94.doc-11/9/20
PALAMANUI GLOBAL HOLDINGS LLC
AMEND CHANGE OF ZONE NO. 09-131 (REZ 09-94)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant shall comply with all conditions of approval of the State Land Use
Commission's Decision and Order(Docket No. A03-744) dated May 19, 2005.
C. The applicant shall comply with the applicable conditions of Ordinance No. [06
= - , !! :] 09 132 effective November 4, 2009, and any
applicable amendments therof.
D. The applicant shall submit a revised water system master plan for review and
approval by the Department of Water Supply, and comply with the requirements
of the Water Agreement including completion and dedication of necessary water
system improvements,prior to the issuance of Final Subdivision Approval.
E. Final Subdivision Approval shall be secured within [fie(5-)] ten(10)years from
the effective date of this amended ordinance. Construction of the Queen
Ka`ahumanu Highway-University Drive intersection and University Drive from
Queen Ka`ahumanu Highway to Ane Keohokalole Highway shall be completed
prior to Final Subdivision Approval.
F. Prior to construction on each of the lots, the applicants, successors or assigns shall
secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i
County Code. Plans shall identify all existing and/or proposed structures, paved
driveway access and parking stalls associated with the proposed development.
Landscaping shall also be indicated on the plans for the purpose of mitigating any
adverse noise or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping Requirements),
Chapter 25 (Zoning Code), Hawai`i County Code.
-1-
G. Access to the [property] rezone area shall meet with the approval of the
Department of Transportation and the Department of Public Works.
H. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
submitted to the Department of Public Works prior to receipt of Final Subdivision
Approval. Drainage improvements shall be constructed,meeting with the
approval of the Department of Public Works,prior to the [receipt of] issuance of a
certificate of occupancy for any buildings[, - - . . . . . - - - .
The existing Solid Waste Management Plan with the Department of
Environmental Management shall be followed. Approved recommendations and
mitigation measures shall be implemented in a manner meeting with the approval
of the Department of Environmental Management.
J. A wastewater treatment system shall be constructed,meeting the approval of the
State Department of Health and/or Department of Environmental Management,
whichever is applicable. All wastewater shall be treated at an approved
wastewater treatment plant, to a minimum of secondary treatment, with R-1
effluent,unless a greater level of treatment is required by the Department of
Health. Wastewater shall be used for irrigation of landscaping or other beneficial
reuse to the maximum extent feasible.
K. An Emergency Response Plan shall be submitted to the Civil Defense Agency for
review and approval,prior to the issuance of a certificate of occupancy.
L. 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 Administrator of the Office of Housing and
Community Development prior to receipt of Final Subdivision Approval; in
addition, any affordable housing credits earned from the industrial-commercial
mixed zone shall be applied to the original and remaining project district from
-2-
which this zoning was removed and shall be constructed on-site in the original
project district defined in Ordinance No. [ ] 09 132, as amended.
M. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits,human burials,rock or coral alignments,pavings or walls be
encountered,work in the immediate area shall cease and the Department of Land
and Natural Resources-Historic Preservation Division(DLNR-HPD) shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it is found that sufficient mitigation
measures have been taken.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
-- - -
. _ . _. , _ • --
[ ]O. Comply with all other applicable County, State and Federal laws, rules,
regulations and requirements.
MP. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this ordinance [ ].
The report shall include,but not be limited to, the status of the development and
the extent to which the conditions of approval are being satisfied. This condition
shall remain in effect until all of the conditions of approval have been satisfied
and the Director acknowledges that further reports are not required.
[R]Q [ - • •. _ - . . • - . • - - - . - -- - -. '
•
-3-
Y.
•
Y.
J /.
} 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.
R. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
-4-