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Home My WebLink AboutCOM 0230.000 2004-2006 Miv,or w Harry Kim w~ Dixie Kaetsu ,11cq~or Managing Director . ~ Peter L. Hendricks ••A~u~~w~~ Deputy Managing Director COUNTY OF HAWAII 25 Aupuni Stree[, Room 215 • Hilq Hawaii 96720-4252 (808) 961-8211 Fax (%08) 961-6553 KONA: 75-5706 Kuakini Highway, Sui[e 103 Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 April 11, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii - ` 25 Aupuni Street - Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ 04-035) Applicant: L,ot Owners Within the 49 Black Sand At Mauna Lani Request: RM-3 & RM-4 to RS-20 Tax Map Key: 6-8-33:1-6, 8-14, 16-18, 20-49 ~hange of Zone (REZ 678) Applicant: Waikoloa Development Co. Request: Time Extension to Condition B of Change of Zone Ordinance No. 95-51 Tax Man Key: 6-8-2: ] 6 and 6-8-3:32 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. S Harry Kim ~c Mayor L031705may Enclosures cc: Planning Department 13~ a9 y Hawaii County is an [Goal Opportunity Employer and Provider L ~ 0 Comm. No._ Ref. To; R®f. Dota • xtv or x -`y W'4 ~ . ~+~P r? or x~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi SUee[, Sui[e 3 • Hilo, Hawaii 96720 Phone (808) 961-8258 Fax (SO8) 961-8742 April 6, 2005 Gary Safarik, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Gary Safarik and Council Members: Change of Zone (REZ 678) Applicant: Waikoloa Development Co. Request: Time Extension to Condition B of Change of Zone Ordinance No. 95-51 Tax Map Key: 6-8-2:16 and 6-8-3:32 The Planning Commission, after a duly held public hearing on March 18, 2005, voted to recommend for your approval the proposed legislative bill fora 10-year time extension to Condition B (time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 95-51 that rezoned approximately 761 acres of land from Unplanned (U) and Multiple Family Residential - 1,500 square feet (RM-1.5) districts to Open (O) and Residential and Agricultural 1-acre (RA-la) districts. The property, referred to as the proposed Waikoloa Highlands Subdivision and Golf Course, is located along the south side of Waikoloa Road and south - southeast of Waikoloa Village, Waikoloa, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: Condition B of Change of Zone Ordinance 95-51 states: "Final subdivision approval for not less than 175 lots shall be secured within five (5) years from the effective date of this amendment. Plans for infrastructural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. Prior to June 30, 1996, construction of the channelization improvements to the Waikoloa/ Pua Melia/ Paniolo Avenue intersection Hcrwai'i County i.c an Equal Opportunity Provider and Employer Gary Safarik, Chairman and Members of the County Council Page 2 (including acceleration/ deceleration and left turn storage lanes and pavement and shoulder widening) meeting with the requirements of the Department of Public Works, shall be completed and dedicated to the county. In addition, the applicant shall install and dedicate the traffic signalization improvements required in Condition C prior to the Final Subdivision Approval for more than 3501ots of twenty acres or less, or sooner in the event the warrants for such installation are justified by the chief engineer. In lieu of actual construction of infrastructural improvements required herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements." 'The applicant is requesting an amendment to Condition B of Change of Ordinance No. 95-51 to allow an additional ten (10) year time extension to secure Final Subdivision Approval for not less than 175 lots. Change of Zone Ordinance No. 90-160, amended by Change of Zone Ordinance No. 95-51, originally changed the zoning for approximately 761 acres of land from an Unplanned (U) and Multiple Family Residential-1,500 square feet (RM-1.5) to a Residential and Agricultural-1 acre (RA-la) and Open (O) zoned d1StrI CtS. '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. According to the applicant, the non-performance of securing final subdivision approval was due to unforeseeable conditions and beyond the control of the applicant. Furthermore, the applicant states that the non-performance was also not due to their fault or negligence. The applicant cites that although market conditions and demand for residential property have increased with recent years, the focus has been, and continues to be on oceanfront property. The money required to fund on and off site improvements can only be recovered through lot sales at the project. Being that there is no market for this development, it makes this project economically unfeasible for investment purposes at this time. The applicant has explored numerous other financing options with no avail. Gary Safarik, Chairman and Members of the County Council Page 3 The applicant has invested a substantial amount of time and money in attempting to develop the Highlands Golf Estates and Golf Course project. They have spent well in excess of 3 million dollars, which includes complying with the conditions of the change of zone ordinance and tentative subdivision approval. The applicant has submitted numerous plans such as the golf course plan, subdivision improvement plans and intersection improvement plans that have been approved. They have submitted the final plat map, but have not received final subdivision approval as of this date. The applicant has also completed channelization improvements of the Waikoloa Road/Paniolo Avenue/Pua Melia Street intersection. In summary, the applicant has made a good faith effort in complying with conditions of Change of Zone Ordinance 95-51. Granting of the time extension would not be contrary to the General Plan or Zoning Code. There have been amendments to both the General Plan and the Zoning Code since the original change of zone ordinance and the amended ordinance were approved. The 1989 General Plan designation for this azea was extensive agricultural. The area was rezoned to Residential-Agricultural 1-acre (RA-la) and Open to allow for the creation of the Highlands Golf Estates, consisting of 400 one-acre lots, and Highlands Golf Course. The 2005 Genera] Plan designates the azea rural and open, minoring the approved zoning. Therefore, the request would not be contrary to the changes within the 2005 General Plan. Regarding the changes within the amended Zoning Code, the purpose and applicability of the RA district differs from the previous code adding that the RA district is intended to be only within areas designated as being in the State land use rural or urban districts. To comply with the changes in the Zoning Code and with Chapter 205, H.R.S., the proposed ordinance will contain a new condition, Condition that requires this project to be reclassified to the Rural district by the Land Use Commission, prior to final subdivision approval, unless there is a change in the current state land use law or an appellate decision in the Hokulia case, Kelly v. 1250 Oceanside Partners, that clearly establishes the legality of this type of project in the agricultural district. This proposed project is basically similar to the "Hokulia" project that the Third Circuit Court, Kona Division, ruled was an illegal use of agricultural district land in Kelly v. 1250 Oceanside Partners. Both projects involve one-acre lots along a golf course. The Hokulia project's zoning conditions required some agricultural use on each lot. The project's agricultural plan would have created a large coffee farm combining areas from many lots, but the court ruled that this agricultural use was too insubstantial. The Waikoloa Highlands zoning lacks any agricultural use condition at all. Gary Safarik, Chairman and Members of the County Council Page 4 While the County believes that the Kelly v. Oceanside 1250 Partners decision was wrong, it creates a dilemma with respect to similar projects such as Waikoloa Highlands. If the development goes ahead, it could be challenged in court. If this happens after final subdivision approval, it could affect the rights of many individual lot owners (as happened in Hokulia). In addition, while the property is in the agricultural district, any homes occupied on the one-acre lots must be "farm dwellings" under state law. In 1976, H.R.S. sec. 205- 4.5 was amended to provide that on lands with soil rating A or B, on lots created after June 4, 1976, homes had to be "farm dwellings." On lots existing as of June 4, 1976, the homes can be "single-family dwellings." A subsequent rule of the Land Use Commission determined that on post-June 4, 1976 lots on C, D, and E soils, homes had to be "farm dwellings" as well. A "farm dwelling" is defined as asingle-family dwelling located on and used in connection with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling. Given the one-acre lot size, and the golf course, it is very likely that the purchasers of the lots will expect to occupy homes primarily as a residence, and not in connection with a farm or other income-producing agricultural activity. The project has not been planned to include a commercial farm. Rather than create more issues with residences that may not be farm dwellings, and given the unsettled state of the law at present, it would be better for the project to be reclassified to the Rural State Land Use district, where the homes do not have to be farm dwellings. Granting of the time extension would not be contrary to the to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable today and the request is not contrary to these reasons. From a land use perspective, it is still a more feasible alternative to create aresidential- agricultural subdivision and golf course on these non-productive lands. Based on the discussion above, the Planning Director concludes that approval of the requested amendment to Condition B, with added conditions, would not be contrary to the General Plan or Zoning Code nor the original reasons for granting of the change of zone. In addition, the Planning Director is recommending that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and a fair share contribution condition be added. Gary Safarik, Chairman and Members of the County Council Page 5 For your favorable consideration, an amendment to Ordinance No. 95-51 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, ~ Fred Galdones, Chairman Planning Commission Lwaikoloadevcorez67802PC Enclosures cc: Mr. Thos Rohr Lisa Bail, Esq. Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Waikoloa-RGZF]8.jwd U3-03AS COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAIKOLOA DEVELOPMENT COMPANY AMENDMENT TO CONDITION B CHANGE OF ZONE ORDINANCE NO. 95-51 (REZ 6781 Waikoloa Development Company is requesting an amendment fora 10-year time extension to Condition B (time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 95-51 that rezoned approximately 761 acres of land from Unplanned (U) and Multiple Family Residential - 1,500 square feet (RM-1.5) districts to Open (O) and Residential and Agricultural i-acre (RA-1 a) districts. The property, referred to as the proposed Waikoloa Highlands Subdivision and Golf Course, is located along the south side of Waikoloa Road and south -southeast of Waikoloa Village, Waikoloa, South Kohala, Hawaii, TMK: 6-8-2: portion of 16 and 6-8-3: portion of 32 APPLICANT'S REQUEST 1. Request: The applicant is requesting an amendment to Condition B of Change of Ordinance No. 95-S1 to allow a ten (10) year time extension to secure Final Subdivision Approval for not less than 175 lots. Change of Zone Ordinance No. 95-51 amended Change of Zone Ordinance No. 90-160, which changed the zone for approximately 761 acres of land from an Unplanned (U) and Multiple Family Residential-1,500 square feet of land per unit (RM-1.5) to a Residential and Agricultural-1 acre (RA-la) and Open (O) zoned districts. Condition B of Change of Zone Ordinance 95-51 states: "Final subdivision approval for not less than 175 lots shall be secured within five (5;1 years from the effective date of this amendment. Plans for infrastrnetural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. Prior to June 30, 1996, construction of the channelization improvements to the Waikoloa/ Pua Melia/ Paniolo Avenue intersection (including acceleration/ deceleration and left turn storage lanes and pavement and shoulder widening) meeting with the -1- ATTACH: Ca:m. 230 (Bill 89) 4. December 19, 1989 -Planning Commission approved Use Permit No. 71, to allow the construction of 16 holes of a proposed 18-hole golf course and related improvements within a portion of the subject properties on lands zoned Unplanned (U). The remainder of the proposed golf course will be located on lands zoned Multiple Family Residential (RM-1.5), which permits a golf course as a permitted use. (See Exhibit B - Use Permit No. 71) 5. February 2, 1990: Tentative Subdivision Approval was granted for SUB 89-179 to Waikoloa Development Company for a consolidation of Lot 2B of File Plan 1172 and Lot 5 of File Plan ] 378 and resubdivision into Lots 1-62, inclusive of [he remainder lot. 6. November 1, 1990: Final Plan Approval was granted with conditions for the Waikoloa Highlands Golf Course. (See Exhibit C -Final Plan Approval and Letter of Conditions dated November 1, 1990) 7. December 27, 1990: -Effective date of Ordinance No. 90-160, which changed the district classification of approximately 761 acres of land from an Unplanned (U) and Multiple Family Residential-1,500 square feet of land per unit (RM-1.5) to a Residential and Agricultural-1 acre (RA-la) and Open (O) zoned districts. The purpose of the Change of Zone was to o allow the development of the Highlands Golf Estates, which will consist of approximately 286 one- to two-acre lots to be integrated within an 18-hole golf course with clubhouse facilities. Future development would include an additional 114 lots for a total of 400 lots. The project is aimed at a market of retirees and those looking for second homes. The Open (O) designation conforms to the proposed alignment of the 18-hole golf course. Since a golf course is a permitted use within the Open (O) zoned district, Use Permit No. 71 is no longer applicable (See Exhibit D - Change of Zone Ordinance No. 90-160) 8. April ] 9, 1991 -Revised Tentative Subdivision Approval of Increment I issued by Planning Director. The amount of lots was increased from 62 to 202. Pursuant to Condition C, Final Subdivision Approval should be secured on or before April 19, 1992. 9. April 8, 1992 -The Planning Director granted an administrative extension of time until April 19, 1993 to secure Final Subdivision Approval in compliance with Condition C. -3- Clarification was later made that the final plat map must be submitted by January 29, 1994. 10. January 6, 1994: Letter from Planning Department acknowledging receipt of the December 17, 1993 Annual Progress Report and granting a three (3) year time extension for Condition 3 of Use Permit No. 71 (complete construction of golf course) until November 2, 1996. (See Exhibit E -Letter from Planning Department dated January 6, 1994) 11. March 3, 1994 -Second Revised Tentative Subdivision Approval of the Revised Preliminary Subdivision Plat was issued by Planning Director. Pursuant to Condition C, Final Subdivision Approval of the Revised Preliminary Subdivision Plat should be secured on or before March 3, 1995. (See Exhibit F -Second Revised Tentative Approval dated March 3, 1994) 12. February 28, 1995: The Planning Director grants an administrative extension of time until March 3, 1997 to secure Final Subdivision Approval in compliance with Condition C. This extension was based, in part, on amendments to Chapter 23 (Subdivision Code). Condition C of PUD No. 42 was also granted a time extension until March 3, 1997. (See Exhibit G -Letter dated February 28, 1995) 13. March 21, 1995: The effective date of Change of Zone Ordinance No. 95-51, which amended Conditions B and C of Change of Zone Ordinance No. 90-160. The amended Condition B required Final Subdivision Approval for not less than 175 lots to be secured within five (5) years from the effective date of this amendment (March 21, 2000). (See Exhibit H -Change of Zone Ordinance No. 95-51) 14. June 10, 1996: Response letter to the May 9 and June 4, 1996 letters granting a one year administrative time extension until June 30, 1997 to comply with Condition B. (See Exhibit [ -Letter dated June 10, 1996) 15. June 14, 1996: The Planning Department acknowledges receipt of 9 copies of the final plat map submitted in compliance with Condition 19 of the Second Revised Tentative Approval letter dated March 3, 1994. (See Exhibit J -Letter dated June 14, 1996) -4- 16. December 17, 1996: Response letter from the Planning Department granting a time extension until November 2, 2000 to construct the Waikoloa Highlands Golf Course pursuant to Final Plan Approval. (See Exhibit K -Letter dated December 17, 1996) 17. December 20, 1996: Letter from the applicant requesting the County's assurance that construction of the previously approved Highlands Golf Course ,Clubhouse and related improvements will not be jeopardized with the recent passage of the Zoning Code Revision Bi11 250, Draft 8. (See Exhibit L -Letter dated December 20, 1996) 18. May 9, 2000: An administrative time extension was granted for Condition B of Ordinance 95-51 until March 21, 2005. (See Exhibit M -Letter dated May 9, 2000) AGENCIES' COMMENTS 19. Police Department (January 24, 2005 Memo): "Staff has reviewed the above-referenced permit and has no comments or objections to offer at this time." 20. Fire Department (January 28, 2005 Memo): "We have no comments to offer at this time in reference to the above-mentioned special permit application." 21. Department of Public Works: (See Exhibit N -Memo dated February 9, 2005) 22. Department of Water Supply: (See Exhibit O -Memo dated February 9, 2005) 23. Department of Environmental Management-Solid Waste Division: (See Exhibit P - Memo dated January 13, 2005) 24. Department of Transportation: (See Exhibit Q -Letter dated February 9, 2005) AGENCIES' - NO RESPONSE 25. Parks and Recreation, Real Property Tax Office, Office of Housing and Community Development, Department of Land and Natural Resources -Land Division and Historic Preservation Division and Department of Health. PUBLIC COMMENTS 26. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject request. -5- WAIKOLOA January 5, 2005 ' Mr. Chris Yuen Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 RE: Change of Zone Ordinance No. 95 51 (REZ 678) ApplicantlSubdivider: Waikoloa Development Co. Project: Highlands Golf Estates and Golf Course Waikoloa, South Kohala, Hawaii Tax Map Key: 6-8-02:16 and 6-8-03:32 Subject: Request for Extension of Time Dear Mr. Yuen, Condition B of Ordinance No. 95 51 as amended states that final subdivision approval for not less than 1751ots must be secured by a certain date. Additionally, Condition H of Ordinance No. 95 51 allows the Planning Director to grant "an extension of time for the performance of conditions within the ordinance" based upon listed circumstances. Pursuant to Condition H, Waikoloa Development Co. ("Applicant") respectfully requests a ten (10) year extension to March 21, 2015 for that portion of Condition B stated above relating to time in which to secure final subdivision approval. The non-performance of securing a final subdivision approval as of the date of this request was due to unforeseeable conditions and beyond the control of Applicant. Furthermore, the non-performance was also not due to Applicant's fault or negligence. Applicant has invested substantial time and money in attempting to develop the Highlands Golf Estates and Golf Course project. To date, Applicant has spent well in excess of $3.0 million for this project, including on compliance with the conditions of the zoning ordinance, tentative subdivision approval and PUD permit. The golf course plan, subdivision improvement plans, and intersection improvement plans have all been approved by the required government agencies; the final plat map has been submitted to the Planning Department; and the channelization improvements of the Waikoloa Rcad/Paniolo Avenue/Pua Melia Street intersection have been completed. EXH BIT 862134.1 150 Waikoloa Beach Drive ^Waikoloa, Hawaii 96738 • Phone (808) 886-1000 Fax (808) 886-8896 Mr. Chris Yuen January 5, 2005 Page 2 Additionally, although the market conditions and demand for residential property have increased within recent years, the focus has been, and continues to be on oceanfront property. The money required to fund on and off site infrastructure improvements can only be recovered through lot sales at the project. With no market for a development such as the Highlands Golf Estates and Golf Course project, a significant investment in the project such as for infrastructure improvements, would make the investment economically unfeasible at this time. Applicant has also explored numerous other financing options for this project to no avail. Therefore, Applicant has made a good faith effort in complying with the conditions stated in Ordinance No. 95 51. The inability to develop this project so as to obtain final subdivision approval was due to market conditions beyond the control of Applicant. The request for a time extension does not run contrary to the original reasons for the granting of the change of zone, permit, and subdivision approvals. The extension of time in Condition B of Ordinance No. 95 51 to March 21, 2015 would be greatly appreciated. The extension could allow Applicant to explore other avenues to develop the project as well as a opportunity that market conditions may favor development of the Highlands Golf Estates and Golf Course project. Resp fully submitted, os Rohr Enclosures: Filing fee of five hundred dollars ($500) made payable to County Director of Finance and an original and twenty (20) copies of this completed application. Bernard K Akana w. ~ ~ Planning Commission Mayor L. 25 Aupnnl Stree4, Rm. 109 • Hilo, Hawau 96720 • (808) 961-8288 p'.Y'~ CERTIFIED MAIL December 29, 1989 Ken Melrose, Director of Planning P.O. Box 3028 Waikoloa, HI 96743 Dear Mr. Melrose: Use Permit Application TMK: 6-8-02:Portion of 16 The Planning Commission at its duly held public hearing on December 19, 1989, voted to approve your application, Use Permit No. 71, to allow the construction of a portion of a golf course and related improvements on approximately 220 acres of land situated within the Unplanned (U) zoned district on the west side of the Waikoloa Road, mauka of the Waikoloa Village General Store, Waikoloa, South Kohala, Hawaii. Approval of this request is based on the following: The establishment of a portion of the new 18-hole golf course within the Unplanned (U) zoned district will not be inconsistent with the general purpose of that zoned district, the intent and purpose of the Zoning Code, and the General Plan. The granting of such a recreational facility would complement the goals of the General Plan's Recreation element which states to, "Provide a wide variety of recreational opportunities. and to "Provide a diversity of environments for active and passive pursuits." It should be noted that the area under consideration is a portion (220+ acres) of the entire 18-hole golf course. The remainder of the proposed golf course lands are within a zoned district which permits such use. According to the applicant, the area under consideration for a proposed golf course will eventually be rezoned to an Open (O) district, thus, becoming a permitted use. EX IB~Ji'`;`.`''~ Ken Melrose, Director of Planning December 29, 1989 Page 2 The granting of the proposed use will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties. A golf course is a permitted use within the State Land Use Agricultural District provided that it is not classified A and B soils by the Land Study Bureau. The Land Study Bureau's overall master productivity rating for agricultural use is Class E or very poor. If the property were not within the Unplanned (U) zoned district but instead zoned for Agricultural (A) uses, then it would have been an outright permitted use. The property is also not classified by the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) system. ~~It is, therefore, determined that impacts to the agricultural resources of the area are negligible. The golf course would also preserve and improve open space areas adjacent to existing vacant lands and within the Waikoloa Village area by improving the present acrid landscape of the area. The granting of the proposed use will not adversely affect similar or related existing uses within the surrounding area, community, or region. The new golf course, which the area under consideration is a part of, will be used to provide for the applicant's own recreational need and demands. The proposed development is not anticipated to have any substantial adverse environmental or ecological effects. The area is not a habitat for any endangered plant or animal species. The granting of the proposed golf course will not unreasonably burden public agencies to provide the necessary utilities and services. All essential utilities and services are or will be available to the property. Approval of this request is subject to the following conditions: 1. The applicant, successors, or assigns shall comply with all of the stated conditions of approval. 2. Final Plan Approval for the proposed golf course and related improvements shall be secured from the Planning Department within one year from the effective date of the permit. To assure adequate time for plan approval review Ken Melrose, Director of Planning December 29, 1989 Page 3 and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. The Planning Department shall determine the related improvements and accessory uses to the golf course at the time of plan approval review. 3. Construction of the golf course and related improvements shall commence within one year from the date of receipt of Final Plan Approval and be completed within three (3) years thereafter. 4. Zn the design of the golf course, the County of Hawaii Planning Department's Guidelines for Golf Course Desi n (November 1989) shall e considere The Planning Department shall determine appropriate setback requirements, e.g. building and property lines, at the time of plan approval review. 5. An archaeological reconnaissance survey shall be conducted prior to any grading or land alteration and a report be submitted to the State Department of Land and Natural Resources, Historic Sites Program, and the Planning Department for review. Should any significant sites be found, a data recovery plan outlining appropriate mitigation measures shall be submitted to both agencies for review and approval. 6. Should any unanticipated archaeological sites or features be uncovered during land preparation activities, work within the affected area shall immediately cease and the Planning Department notified. No work within the affected area shall resume until clearance is obtained from the Planning Department. 7. The use of pesticides and herbicides shall conform with the applicable regulations of appropriate governmental agencies. 8. During construction, best effort measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such best effort measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii, Ken Melrose, Director of Planning December 29, 1989 Page 4 9. Prior to construction, the applicant shall demonstrate to the satisfaction of the Planning Director that all proposed off-site construction material such as topsoil or sand are being supplied from an approved quarry or resource site. 1G. A Traffic Impact Analysis Report (TIAP.) shall be submitted to and approved by the Department of Public works and Planning Department prior to receipt of Finai Plan Approval. 11. Access to the area from the Waikoloa Road shall meet with the approval of the Department of Public Works. 12. To ensure that the goals and policies of the recreational element of the General Plan are implemented as proposed, the Department of Parks and Recreation upon consultation and with the approval of the Planning Department may require additional public recreational facilities and/or improvements within the project area or the district as appropriate. The preliminary recreational needs determination, if any, shall be established prior to the granting of Final Plan approval for the proposed golf course and related improvements, and shall be based upon an overall project and regional assessment of existing and proposed public recreational facilities less any credits for existing facilities and/or improvements directly attributable to the overall project. The applicant shall provide its required pro rata share in a method not inconsistent with the requirements and criteria found in Chapter 8, Article 1 (Park Dedication Code) of the County Code prior to the opening of the proposed golf course or any related facility thereto, whichever occurs first. 13. Comply with all other applicable laws, rules, regulations, and requirements. 14. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not requiredm Ken Melrose, Director of Planning December 29, 1989 Page 5 15. An extension of time for the performance of conditions within the permit may be granted by the Planning 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; b) granting of the time extension would not be contrary to the General Plan or Zoning Code; c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) 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). Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke the permit. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected age. :ies. 'lease feel free to contact the Planning Department if there are any questions on this matter. Sincerely,,, Gary Mizuno Chairman, Planning Commission xc: Department of Public Works Department of Water Supply County-Real Property Tax Division Planning Office - Kona DLNR ~K.L", `~1~CiA'1 ~-d~i~w~'~.,f .X-f~.~r Pl~'r .!r~,_ ~i~ . ~ i, r ~ , _ - - ~ _ ~ t._ r ~ ~ Y , i't'I(. P' Yr 1: inCt 1t', i'.~ hl _ ~_r l.]C.;:°1'~~2 ~ ~..'iJ '.c'.. i, rr'(-f' ~.i v ~ ~(l i+ ( j- i! I']:?tl7ti r; Z, I'AI l=C1 C,Y ?~i ~'a. ~;ft;j. ~'-i e: t:... `7.t- fc,Y.~~i.Yl:tf.7~.I' i. t'1cz.~{i .~,'f i+:' I't.p.;-.'-J ri ;_f'(. L.i.Y*~ ltyf,,1 ~4.< is Y~, «r~ [~~~CUGtlYi e]l~E. []~~V ~A Ac.,_. ,.il'_, EXI~IBIT ~1'"° COOS :'Y .g J~'.':,-:'P1 LIT po-~ffiVO - L ~ 1 C : _ Y C _>li cznt ~iko oz 1te io,~a,~h e. nv t'~4i dey -'-02~ ~~c ccinn !sikaloa ?ro ;o eed Use Highlands Colf C1uc - Golf Course i4aintenance Facility ;;one Unplanned 7so~l ree 22C acres c sha~.m on ~l-n Oornentc ?front Yarc As ex pla OR ;ean Yerc Od bite Yard OK 4t. of Stxvctur e 17' S OK cress to ~ ng Drivewa Road "3" awed with all weather s 'r Street ?;s}:ink 27 stalls 0& 5[o ra e - 7 500/1 000 = 7.5 stalls. (25 ce gular & 2 Office - 475/400 = 1.137 stalls. - handicap) Total - B.fi97 or 9 stalls re aired. . i.o ceding and Unloading S?ace Density Fencing: [~7aterial Height Locztion Landscaping None shown Others an royal. Use Permit OR llae Permit 671 Conditions l I p t h 6 1 the revised laps when resubmitting ?1 ns for final approval. 2 Additi 1 d'[' y b imposed upon the review of the final plans. A 7p30VE? FOR 2. DL~DY CY 07 L6Ti7t De oartment o: `.IZt er Su ~~ly Date APPdOV&D= ;~FPaCV'sD: ~~iA, Ilirector Qme: Dates ~ Dete h:0 COUNTY OF HAWAII STATE OF' HAWAII BILL NO. ~ s a ORDINANCE NO. 90 1.60 A27 ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-95H (WAIKOLOA VILLAGE ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) AND MULTIPLE FAMILY RESIDENTIAL (RM-1.5) TO OPEN (O) AND RESIDENTIAL-AGRICULTURAL (RA-la) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-02:PORTZON OF 16 AND 6-8-03:PORTION OF 32, HE IT ORDAINED HY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Residential-Agricultural (RA-la): PARCEL A: Beginning at the Southeast corner of this parcel of land, on the Southwesterly side of Waikoloa Road, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 1,933.36 feet North and 2,611.01 feet East, and running by azimuths measured clockwise from true South: E1~1~' 2. Thence along Lot 3, Waikoloa Development, File Plan 1172, on a curve to the left with a radius of 2,900.00 feet, the chord azimuth and distance being: 130° 19' 05.5" 1,282.88 feet; 3e 117° 32' 22'° 952.00 feet along Lot 3 of Waikoloa Development, File Plan 1172; 4. 207° 32' 00" 260.00 feet along remainder of Lot 5 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 5. 247° 98' 00" 777.48 feet along remainder of Lot 5 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 6. 324° 03' 36" 30.17 feet along the Westerly side of Puu Melia Road; 7. 27° 32' 22" 87.91 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 8. 325° 42' 30" 127.67 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 9. 352° 13' S0" 98.31 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 10. 3° 46' 00" 144.58 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 11. 304° 37' 35" 78.70 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 12. 291° 52' 20" 179.87 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 13. 298° 45' 00" 108.48 feet along Lot 4 of Waikoloa RM 1.5, Unit 1, File Plan 1378; _27_ 14. 264° 02' OS" 203.62 feet along Lots 4 and 3A of Waikoloa RM 1.5, Unit 1, File Plan 1378; 15. 302° 91' 35" 68.70 feet along Lot 3A of Waikoloa RM 1.5, Unit 1, File Plan 1378; 16. 281° 00' 00" 72,77 feet along Lot 3A of Waikoloa RM 1.5, Unit 1, File Plan 1378; 17. 301° 22' 15" 110.23 feet along Lot 3B of Waikoloa RM 1.5, Unit 1, File Plan 1378; 18. 312° 55' 00" 127.57 feet along Lot 38 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 19. 287° 10' 00°' 96.36 feet along Lot 3B of Waikoloa RM 1.5, Unit 1, File Plan 1378; 20. 398° 09' 45" 71.37 feet along Lot 3B of Waikoloa RM 1.5, Unit 1, File Plan 1378; 21. 312° 49' 15" 146.55 feet along Lots 3B and 2 of Waikoloa RM 1.5, Unit 1, File Plan 1378; 22. 280° 18' 30" 127.50 feet along Lot 2 of Waikoloa RM 1.5, Unit 1, File Plan 1378 to the point of beginning and containing an area of 29.609 Acres. (Refer to Parcel E as shown on Exhibit "A") All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 3. These changes in district classification are conditioned upon the following: (A) the applicant, successors or its assigns shall be responsible for complying with all of -28- the stated conditions of approval; (B) the RA zoned area shall be subdivided in three increments. The first and second increment shall consist of a maximum of 175 one-acre lots each and the third increment, the remaining area. Subdivision plans shall be submitted for successive increments only after development has occurred in the preceding increment as determined by the Planning Director. "Development" means that building permits have been issued for dwelling units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed within a given period. Such agreement shall be secured by a surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the next increment may be submitted prior to the actual construction of the dwellings in the first increment; (C) subdivision plans for the first increment shall be submitted within one year from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval. Plans for infrastructural improvements, -29- including off-site roadway improvements, shall be submitted in conjunction with eonstruction drawings for final subdivision approval of the first increment; (D) access shall meet with the requirements of the Department of Public Works. Direct access to Waikoloa Road shall be limited to one roadway from the project site, Waikoloa Road-PUa Melia Street-Paniolo Avenue intersection shall be channelized and signalized meeting with the requirements of the Department of Public Works. These improvements together with other roadway improvements required by the Department of Public Works based upon a Traffic Impact Analysis Report dated December 1989 shall be provided prior to opening of the golf course or in conjunction with final subdivision approval of the first increment, whichever occurs first, or as otherwise provided by Chapter 23 (Subdivision Control); (E). to ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housinq and Community Development, that the applicant's affordable housing requirements, if any, have been fulfilled prior to the issuance of final subdivision approval; (F) a drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; (G) comply with all applicable laws, rules, regulations and requirements, including conditions of Use Permit No. 71; (H) should the council adopt a Unified Impact Fees ordinance setting forth -30- criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (I) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address ,the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (J) an extension of time for the performance of conditions within the ordinance may be granted by the Planning 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 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); and 5) if the applicant should require an additional extension of time, the Planning Director shall -31- submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or ,»a re appropriate designation. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUN IL MEMBER, COUNTY HAWAII Hilo, Hawaii Date of Introduction: December 5, 1990 Date of 1st Reading: December 5, 1990 Date of 2nd Reading: December 19, 1990 Effective Date: December 27, 1990 -32- ,,,p.s Mr. Ken Melrose, Vice President Development and Planning Waikoloa Development Company HC02 Box 5050 Waikoloa, HZ 96743 Dear Mr. Melrose: Change of Zone Ordinance No. 90-160 (REZ 678) Unplanned & RM-15 to Open and RA-la Use Permit No. 71 (USE 71) Construction of 18-hole Golf Course & Related Uses Applicant: Waikoloa Development Company Tax Map Key: 6-8-02: Portion of 16; 6-8-03: Portion of 32 We are in receipt of your letter dated December 17, 1993, containing an annual progress report of the proposed Highlands Golf Course development as required by Condition I of Ordinance No. 90-160 and Condition No. 14 of Use Permit No 71. According to our files, Final Plan Approval (#2600) for the proposed Highlands Golf Course was issued on November 1, 1990. Grading permits for the construction of the golf course were issued on November 2, 1990. Pursuant to Condition No. 3 of Use Permit No. 71, construction of the golf course should have been completed on or before November 2, 1993. Your letter indicates that construction activity is currently at a standstill due to the on-going review of the Highlands Golf Estates subdivision and current economic conditions. We find that non-performance of the conditions of approval are the result of conditions beyond the control of the applicant and are not the result of its fault or negligence. Granting of an extension of time would not be contrary to the General Plan or zoning code nor the original reasons for the granting of the permit. An extension of time until November 2, 1996, in which to complete construction of the Highlands Golf Course and related improvements, is hereby granted. EXF11~1~' E V F~•a Y s Y"' Mr. Ken Melrose Page 2 January 6, 1994 As a reminder, Final Subdivision Approval of tYie Highland Gulf Estates Subdivision shall be secured on or before January 29, .1994, pursuant to Condition C of Change of Zone Ordinance i;(i,o ~C lu't; aid uur pievivus lettei to ycu dated January 23, 199.1, Please keep this office apprised should an extension of time be required. Thank you for a most thorough report. We look forward to your next annual progress report due on or before December 27, 1994. Please contact Daryn Arai or Rodney Nakano of this office should you have any questions. i ~ ice: ~::s ;:::1'Y ~ VIRGINIA GOLDSTEIN Planning Director DSA:mjs LWaiko05.DSA xc w/ltr: Planning Commission West Hawaii Office Subd. No. 89-179 PA No. 2600 4O,N1Y OF Nq~9' 6L,,•- i~irginia Goldstein Stephen K. Yamashiro Director Mayor , • ~ • Norman Olesen ~Ff Oi-M Deputy Director Cnnixnfg ~ttfuttti PLANNING DEPARTMENT 25 Aupuni Street, Rmm 109 Hilo, Hawaii 96720-4252 {808) 9b1-8288 Fan (808) 9549615 March 3, 1994 Mr. Ken Melrose, Director of Planning Waikoloa Development Co. PO Boa 383028 Waikoloa, HI 96738 Dear Mr. Melrose: Subdivider: Waikoloa Development Co. "Highland Golf Estates" Proposed consolidation/resubdivision Lot 2B of File Plan 1172 and Lot 5 of File Plan 1378 Waikoloa, South Kohala, Hawaii TMK: 6-8-02:16 and 6-8-03:32 (SUB 89-179) Please be informed that SECOND REVISED TENTATIVE APPROVAL of the preliminary plat is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: O1. Provide a water system meeting with the approval of the Department of Water Supply. 02. Submit water system construction plan for approval by affected agencies. 03. Pay installation and facilities charges as required by the Department of Water Supply. 04. Final plat shall contain all of the requirements of Chapter 23, Subdivision Control Code, Section 23-63 thru 23-69. O5. Identify the location and direction of all watercourses, or any areas subject to inundation by a 100-year storm. Indicate all such areas by drainage easements. ~"'d~J EXHIBIT ~ ~sva Mr. Ken Melrose, Director of Planning March 3, 1994 Page 2 06. Indicate Q before and after subdivision development. No additional storm runoff to adjacent properties and roadways due to subdivision development will be allowed. All generated storm flow shall be disposed of within the subdivision. Indicate how this will be accomplised. 07. Submit drainage calculations and flood control plan prepared by a registered professional civil engineer. O8. Road design shall follow the standards of the "Hawaii Statewide Uniform Design Manual for Streets and Highways" and of Chapter 23, Subdivision Control Code. 09. Provide a 10-foot wide "no vehicular access" planting screen easement along the frontages of Lots 1, 134, 154, 158, 163 and 172 adjacent to Road Lot "B", 10. Provide a 10-foot wide "no vehicular access" planting screen easement along the frontages of Lots 2, 3, 7, 8, 12, 13, 24, 25, 28, 44, 89, 86, 103, 116, 122, 127, 128, 133, and 185 adjacent to Road Lot "A". 11. Provide street lights and sewage disposal plan as required. 12. All earthwork and grading work shall conform to the requirements of Chapter 10, Hawaii County Code. 13. Provide minimum 24-foot wide pavement with grassed shoulders and swales within the 50 and 60 foot wide rights-of-way. 14. All golf cart crossing of roadways shall follow safety standards of Chapter 24 of the Hawaii County Code. 15. Submit construction plans for review and comments. Indicate on the construction plans the required and available sight distance at all intersections. The required sight distance shall be based on the posted speed plus 5 miles per hour (MPH). 16. Submit construction plans for the channelized intersection improvements for Puu Melia Road and Road Lot "A" with Waikoloa Road, including intersection traffic signalization improvements. 17. Comply with all conditions of Change of Zone Ordinance No. 90-160. Mr. Ken Melrose, Director of Planning March 3, 1999 Page 3 18. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 19. Submit eights(8') copies of the final plat map within one year from the date of tentative approval. If not, tentative approval to the preliminary map shall be deemed null and void. Only upon written request from the applicant and for a good cause can a time extension be granted, provided it i5 submitted forty-five (45) days before the expiration of said period of one year. 20. Comply with all other conditions of approved Planned Unit Development (PUD) Permit No. 42. 21. Subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two years may be granted by the Director upon timely written request of the subdivider. For your further information, the Department of Public Works request that a comprehensive master plan depicting all existing and future subdivisions, including roadways and identifying all existing subdivision increments, within the Waikoloa Village area be submitted. Subdivider shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground Injection Control (UIC), Administrative Rules, Department of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Director of Health, State of Hawaii. Furthermore, should dedication of roadways including drywells be contemplated, the Department of Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. You should be aware that if at any time during the fulfillment of the foregoing conditions that environmental problems emerge--problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date--this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problem(s). The Planning Director shall confer with members of the Subdivision Technical Review Committee or other concerned agencies to resolve the problem and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Mr. Ken Melrose, Director of Planning March 3, 1994 Page Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this office, Sincerely, ~i ~ L~/ VIRGINIA GOLDSTEIN ~~""Planning Director EC:jdk 2857D Enclosure xc: 4 engineers West Hawaii Office R.M. Towill Corp. S/~rd ~tiiS, ~F93S~ 3333 PuD ~2~ Rc2 673 `~_v ~ 6iµ;' `V%a'ginu Goldseein Stephen K. Yamaahiro Dlrcctor M°yOr Norman Olesen ~~~•os'M~"'~ Deprry Dercctor ~IIlttif~l II~ ~2I~Mti PLANNING DEPARTMENT 25 Aupuni Strcet, Room 109 Hilo, Hawxii 96720-f252 (808) 9b1-8288 Fax (808) 961-9615 February 28, 1995 Ken Melrose, Vice President, Development & Planning Waikoloa Development Co. 150 Waikoloa Beach Drive Kaluuela, HI 96743 Dear Mr. Melrose: Subdivider: WAIKOLOA DEVELOPMENT CO. "Highlands Golf Estates" Proposed consolidation/resubdivision Lot 2B of File Plan 1172 and Lot 5 of File Plan 1378 Waikoloa,. South Kohala, Hawaii TMK: 6-8-002:016 and 6-8-003:032 (SUB 89-179: PUD 42) This is in response to your letter of January 4, 1995. Please be informed that an extension of time of one (1) year, until March 3, 1996, for the submission of the final plat map pursuant to Condition No. 19 of the letter of second revised tentative approval dated March 3, 1994, is hereby granted. Please be advised that Ordinance No. 92-138, adopted by the County Council on December 4, 1992, amended Chapter 23 of the Hawaii County Subdivision Control Code, in part, as follows: "The subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval." The ordinance also makes provisions for those pending subdivision applications which were granted tentative approval prior to the adoption of said ordinance, as follows: ~X~18'~ Ken Melrose, Vice President February 28, 1995 Page 2 "This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and wh9.ch have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from the effective date of this ordinance , . Therefore, all conditions of the second revised tentative approval dated March 3, 1994, must be complied with by March 3, 1997. A time extension of not more than two years may be granted by the director upon timely written request by the subdivider. Should the conditions of tentative approval not be completed within the time limit, the approval of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current code and rule requirements. In addition, Condition C of Planned Unit Development (PUD) Permit No. 42 is concurrently extended to March 3, 1997, to conform to new Condition No. 21 of our second revised tentative approval dated March 3, 1994. If we can be of further assistance, please feel free to contact Ed Cheplic of my staff. Sincerely, VIRGINIA GOLDSTEIN Planning Director EC:lm 6155D(6-7) xc: 4 engineers PLNG-KONA DPW-ENG-KONA RM Towill Corp.-HNL REZ 678.•' COUNTY ®F HAWAII STATE ®F HAWAII BILL NO. 3_ 4 _ (Draft 2) ORDINANCE NO. 95 SI AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-95H (WAIKOLOA VILLAGE ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO THE MODIFICATION OF CONDITIONS B AND C OF ORDINANCE NO. 90-160, WHICH RECLASSIFIED APPROXIMATELY 761 ACRES OF LAND FROM AN UNPLANNED (U) AND MULTIPLE FAMILY RESIDENTIAL (RM-1.5) TO OPEN (O) AND RESIDENTIAL-AGRICULTURAL (RA-la) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-02: PORTION OF 16 AND 6-8-03: PORTION OF 32. BE IT ORDA:CNED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 90-160 is amended as follows: "SECTION 3. This change in district classification is conditioned upon the following: A. The applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; [B. the RA zoned area shall be subdivided in three increments. The first and second increment shall consist of a maximum of 175 one-acre lots each and the third increment, the remaining area. Subdivision plans shall be submitted for successive increments only after development has occurred in the preceding increment as determined by the Planning Director. "Development" means that building permits have been issued for dwelling units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will Ext~'~r~r be constructed within a given period. Such agreement shall be secured by a surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the next increment may be submitted prior to the actual construction of the dwellings in the first increment;] [C)H- [Subdivision plans for the first increment shall be submitted within one year from the effective date of the change of zone.] Final subdivision approval for not less than 175 lots shall be secured within [one year from the date of receipt of tentative subdivision approval] f;ve (5) y a from th iv da o h; am ndm n . Plans for infrastructural improvements, including of£-site roadway improvements re~pyired in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval [of the first increment] for an};DOrtion of the subject nrot~erty. prior to June 30. 1996. construction of the ~hannelization imnrov m n s o h Waikoloa/P~a I`lelia/Paniolo Avenue intersection (including accelerat;on/d cetera ;on and l ern c o age lanes and pavement and shoulder widening) meeting with the rPsd,; m n s o h D partment of Public Works, shall be comps d and d d; a d o h o~n y rn addition, the mil; an hall ;ns all and d d; a h ra ; signal; a ion ;morovements required ;n Cond; t; on C 8r__or t4 h Final Bbd;v; ;on ADDYOVaI or more than X50 lots of twenry a r s or l ~ or sooner in `he even h warran s o h ;n allat~on are justified by the chief Wig' n Tn 1; o a gal on r i ; on o ink as , iral ;m~Yov m n s required herein excep or -2- Cons~ition C the applicant may Pn r ;nr an a q m nr with the County o a it h C'~„nry that rhP infrastructural improvements w'1l hA oncrr„~ q-e-t-b.~~ with the appropriate bond a, ry or n h r deemed accep ab~ o h lane;~q DirP~ro__r Corporation Counsel Upon exPr-„rinn ~ ..L and/or fil;ncr o th a , iry with h r-~, r ~ subdivision approval o h s ~b1a_~r 8~perty c,- po ions thereof shall be granted prior to the ar-r„al onarrnrr~ of reg,ir d infras , , al im~rovc=m nra; [D]~. Access shall meet with the requirements of the Department of Public works. Direct access to Waikoloa Road shall be limiced to one roadway from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection shall be channelized and signalized meeting with the requirements of the Department of Public Works. These improvements together with other roadway improvements required by the Department of Public Works based upon a Traffic Impact Analysis Report dated December 1989 shall be provided prior to opening of the golf course or in conjunction with final subdivision. approval of the first increment, whichever occurs first, or as otherwise provided by Chapter 23 (Subdivision Control); [E]p. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housing and Community Development, that the applicant s affordable housing requirements, if any, have been fulfilled prior to the issuance of final subdivision approval; -3- [F]E- A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; [G]E- Comply with all applicable laws, rules, regulations and requirements, including conditions of Use Permit No. 71; [H7~• Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees ordinance; [I;~. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; [J]g. An extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The noa-performance is the result of aonditiars that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are nct the result of their fault or negligence; 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code; -4- 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 granted shall be for a period no t 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;; and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation.' SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This Ordinance shall be effective upon its approval. INTRODUCED BY: i~;_ COUNCIL MEMBER, COUNTY OF~HAWAII Hilo, Hawaii Date of Introduction: March 1, 1995 Date of 1st Reading: March 1, 1995 Date of 2nd Reading: March 15, 1995 Effective Date: March 21, 1995 APPROVED AS TO FO fl AND LEGALITY: CORPORATION COUNSdEL DATED : g~~~~7 -6- 9 / . r 1 ' < z , < o ~ ,q v a a'• Z hj w \ 3 'f ~ y,~ 0 obZ~ ~ ~ / i; Q ' y 0 ~ 0 0 / Y ~ i~l;. ~ o - 9 ~ nJ 6r°~ ~ O s a ~ @ ~ f'iMs~ ~h; o ~n ~~w ~ 5 m E~ ~ O ~ ~ ~ ~p + ~,r"1 d'i ~ ' v 2 ~ ~ / :t.d -d~ ~ ~ ,Y- ' o t v / a " I V ~ 1 i' I OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii _ ! ~ _ DRAFT ~ ~ ~ , ROLL CALL VOTE AYES -NOES ABS EX Introduced By: Keola Childs X Date Introduced: March 1. 1995 Bonk-Abramson First Reading: March 1, 1995 X Published: N/A De Lima 7{ REMARKS; Domingo C>sorio X X Ray Smith 8 0 1 0 ROLL CALL VOTE Second Reading: March 15, 1995 AYES NOES ABS EX To Mayor: March 16, 1995 Returned: March 21. 1995 Arakaki X Effective: March 21, 1995 Bonk-Abramson X Published March 28, 1995 Childs De lima X REMARKS: Domingo X Osorio X Rath X ~Y X Smith X 9 0 0 0 DO HEREBY he ore i was adopted by the County Council and published as ~diecte~ »Eovt ,",Ff'~r0'vEi) as io FCP,M d tf7Y C ORPOP,A710N COUNSEL CO ~ IL CFIAT N~ COUNTY OF HAWAII - . Date MQ_ R ~ yQ 1Q®~ UN7°YCLERK ~groved/Di ed this ~ day n,.... YOIj,CO TYDF WAIL Bil(No.: 34 (Draft ~ C- 158/PC-33 Reference: C Ord Na.: 5 J1 Nsv or ar mdf'` ;;....K'. ~s~ tlaen 'Y~e~9nauax e yle~ Vlirgenla Goldstean •ae L• DiPectp9 Mayo. 1Vonnan OIeSGn ~+r er mr'M Depmry iJircetor ~Glt2t~~t G~ ~tlfU'titi PLANNING DEPARTMENT 25 Aupuni 8[rett, Rmm 109 • Hilo, Hiw~ii 96720.4252 (808) 961.8288 • Fax (808) 961.9615 June 10, 1996 Ms. Ann Cobb Planning Coordinator Waikoloa Development Company 150 Waikoloa Beach Drive Kamuela, HI 96743 Dear Ms. Cobb: Change of Zone Ordinance No. 95-51 (REZ 678) Applicant: Waikoloa Development Company Request: Administrative Extension of Time to Condition B Tax Map Key: 6-8-2•nortion of 16 and 6-8-3•nortion of 32 This is to acknowledge receipt of your letters on May 13 and June 4, 1996 requesting a time extension to Condition B of the above-referenced Ordinance. Effective March 21, 1995, the County Council amended Ordinance No. 90-160 subject to, in part, the following Condition B: "B. Final subdivision approval for not less than 175 lots shall be secured within five (5) years from the effective date of this amendment. Plans for infrastructural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. Prior to June 30, 1996, construction of the channelization improvements to the Waikoloa/Pua Melia/Paniolo Avenue intersection (including acceleration/deceleration and left turn storage lanes and pavement and shoulder widening) meeting with the requirements of the Department of Public Works, shall be completed and dedicated to the county. In addition, the applicant shall install and dedicate the traffic signalization improvements required in Condition C prior to the Final Subdivision approval for more than 350 lots of EX~BIT Ms. Ann Cobb Page 2 June 10, 1996 twenty acres or less, or sooner in the event the warrants ~e~~ such .i.nstallation are justified by the chief engineer. In lieu of actual construction of infrastructural improvements required herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements." Based on the above, construction should be completed by June 30, 1996. Condition H of the approved Ordinance permit allows the Planning Director to grant an extension of time for performance of conditions within the permit. You have informed us that you have been working with the Department of Public Works and the low bidder for the project. You anticipate construction to start this month with a 120 day completion date. The Planning Director has determined that non-performance is a result of circumstances beyond the control of the applicant and not a result of fault or negligence, and hereby grants you a one year extension of time until June 30, 1997, in which to comply with Condition B. Please be aware that if an additional extension of time is needed, your request must be forwarded to the County Planning Commission through this office. A $100 filing fee shall be submitted when requesting an additional extension of time together with an original and 20 copies of the request. Also, please be aware, that you are required to comply with all conditions as stated in the Change of Zone Ordinance within their appropriate timetables. Ms. Ann Cobb Page 2 June 10, 1996 Shr~uld you have any questions regarding the above, please contact Susan i9agox:i3c a~ i~~.i.ce Kawaha og' phis office at 961-8288. Sincerely, ~IIRGINIA GOLDSTEIN l/Planning Director ,3~: m j 5 F:\WP60\MICHELLE\1996\LCOBB.SG xc w/ltr: Planning Commission County Council West Hawaii Office 4®dpSV o~ x~~s Li;~'Jnrginia t^rol~sreiei Seepht:n %C. Yaeatashlro Director Mayon • • Norman Olesen ?~r~ or•N),'N~ Deprty Director ~IIixn~~ II~ ~ti~t2tiii PLANNING DEPARTMENT 25 Auponi Street, Room 109 Hilo, Hawii 96720-425Y (808) 961-tl288 F®x (808) 96(.9619 June 14, 1996 Ann Cobb Planning Coordinator Waikoloa Development Company 150 Waikoloa Beach Drive Xamuela, I !I 967.43 Dear Ms. Cobb: FINAL PLAT MAP SUBDIVIDER: WAIKOLOA DEVELOPMENT COMPANY "HIGHLANDS GOLF ESTATES" Proposed Consolidation/Resubdivisian Lot 2 of File Plan 1172 and all of Lot 5 of File Plan 1378 Being portions of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 Into Lots 1 to 202, Inclusive and Designation of Easements Waikoloa, South Kohala, Hawaii TMK: 6-8-002:016 and 6-8-003:032 (SUB 89-179) This is to acknowledge receipt of nine (9) copies of the final plat map dated January 11, 1994, for the referenced application. By a copy of this letter, we are forwarding a copy of the final plat map to the listed officers for their review. Final approval shall be granted upon compliance with the remaining conditions stated in the letter of second revised tentative approval dated March 3, 1994. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, ~ 5v~, VIRGI A GOL TEIN Planning Director ETC:Inm 89179wai.fpm EXHI I~' MSx or N1 lai• ~ • ~ Virginia Goldstein Stephen K. Yamashiro ~ D;recear c. Mayor • ~ • Noonan Olesen IJ••. °~J r ~yuG~M~'~ Deputy Dlrcctor ~II1tlt~~l II~ ~2T~1T~TiT~ . PLANNING DEPARTMENT 28 Aupuni Street, Room 109 Hilo, Hawaii 96720-0252 (808)961-8288 Fax 1808)961-9615 December 17, 1996 Ms. Ann Cobb, Planning Coordinator WAIKOLOA DEVELOPMENT COMPANY 150 Waikoloa Beach Drive, Waikoloa, Hawaii 96743 Dear Ms. Cobb: WAIKOLOA-HIGHLANDS GOLF COURSE Final Plan Approval Extension of Time Tax Man Kev: 6-8-002:16 The letter dated October 10, 1996, and request for an extensionF~ of time until November 2, 2000, to construct the Waikoloa Highlands Golf Course. In view of our previous letter dated September 20, 1996, regarding the status of Use Permit No. 71, zoning of the property, and the current economic climate cited in your letter, we hereby grant your request for an extension of time, until November 2, 2000, to construct the Waikoloa Highlands Golf Course pursuant to Final Plan Approval and conditions dated January 7, 1991. Thank you for your patience and understanding during our xeview. Any questions may be directed to William Yamanoha of this office at 961-8288. Sincerely, VIRQINIA DSTEIN Planning 'rector wRY:a~ EXHIBIA F:WP60\WRY\FORMLETT\GOLFPAI.MJS Ua' 7(i WAIKOLOA F1 y C~ aY'n V~r December 20 1996 ~`'''~<<<~" t-~C',' )fin rq r>~. .c ~~i C t Ms. Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 967'l0 RE: Change of Zone Ordinances No. 90-160 and No. 95-51 Applicant: Waikoloa Development Co. Highlands Estates and Golf Club TMK: 6-8-02: Portion of 16 and 6-8-03:Portion of 32 Dear Ms. Goldstein: With the recent passage by the County Council of the Zoning Code Revision Bill 250, Draft 8, we would appreciate receiving the County's assurance that construction of the previously approved Highlands Golf Course and related improvements and the Highlands Golf Clubhouse will not be jeopardized by the fact that they are located within the Open and RA-la districts, respectively. The Highlands Golf Course was approved for construction within the Open zone district, and the Highlands Golf Clubhouse was approved for construction within the RA-la zone district, with the passing of Zoning Ordinance No. 90-160 in 1990. To date, we have expended close to $1.5 million on planning, design, and construction of the golf course and clubhouse and related improvements. For this reason, your written acknowledgement that the Highlands Golf Club is apre-approved use within the Open and RA-la zone districts and therefore not subject to the provisions of the revised Zoning Code, would be very much appreciated. Thank you. Sincerely, ' s~- r, . - - Ken Melrose Vice President/Development ac c: Thos Rohr West Hawaii Office E ~ H' B 150 Waikoloa Beach Drive •Waikoloa, Hawaii 96743 • Phone (808) 885-1000 • Fax (808) 885-®~~ `ova?v°°•` ".°°'9 Virginia Goldstein Stephen K. Yautashiro ~ - ~~,6~~,...~ uirector Mnyor T Russell Kokubun 9 Deptdy Director F OF H~ IJ.II1Tlt~~J iTt ~~Sf172ITi PLANNING DEPARTMENT 23 Auyuni Street, Rwm 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 May 9, 2000 Ms. Ann Cobb Waikoloa Development Company 150 Wakoloa Beach Drive Waikoloa, HI 96738 Dear Ms. Cobb: Change of Zone Ordinance No. 95 51 (REZ 678) Applicant: Waikoloa Development Company Subject: Time Extension to Condition B Tax Maa Key: 6-8-2:16 and 6-8-3:32 This is to follow up on a telephone discussion between you and staff, Alice Kawaha, regarding the department's March I5, 2000, response letter to your request for afive-year extension of time to Condition B ofthe above-referenced ordinance. There are two time requirements contained within Condition B. The first deadline relates to securance of Final Subdivision Approval within five years from the effective date (March 21, 1995) of Ordinance No. 95 51, and the second deadline relates to construction of the channelization improvements prior to June 30, 1996. An administrative extension oftime to June 30, 1997 to complete the channelization improvements was granted on June 10, 1996. These improvements were subsequently completed in September 1996. After further review of the record in file and due to the language of Condition B, we find that the applicant is entitled to an administrative extension oftime to the first deadline relating to securing Final Subdivision Approval. Therefore, based on the reasons as stated in your January 25, 20001etter, we hereby grant you a 5-year extension oftime until March 21, 2005, in which to comply with said portion of Condition B. EXHIB~~ W~.~ AY 1 1 ~0~0 Ms. Ann Cobb Waikoloa Deve]opment Company Page 2 May 9, 2000 Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of this department at 961-8288. Sincerely, ~i~A I STF.1N Planni g Direc r AK:pak p:\wpwin60\nlicewin\LRE2678agk xc: West Hawaii Office Hawaii County Council Planning Commission SUB No. 89-179 uEPARTMENT OF PUBLIC WORK„ COUNTY OF HAWAII HILO, HAWAII 1 I 11 DATE:~'ebtuary 9, 2005 K ~,i; Memorandum TO Christopher J. Yuen, Planning Director Planning Department J~ FROM Galen M. Kuba, Division Chief/j.,l / ~ Engineering Division """~~W SUBJECT Change of Zone Application (REZ 678 ) Applicant: Waikoloa Development Co. Location: Waikoloa, South Kohala, HI TMK: 3 / 6-8-002:016, 6-8-003:032 We reviewed the subject application for an amendment to Condition B of Ord. 95-51 (time extension) and our comments are as follows: Condition B requires installation of traffic signals at the intersection of Waikoloa Road Pua-Melia and Paniolo Drive "prior to final subdivision approval for more than 350 lots of 20 acres or less, or sooner in the event the warrants for such installation are justified by the Chief Engineer. " This would suggest that the signal installation requirement need not be justified by the impact of the subject development. The intersection should be evaluated annually by the applicant, for satisfaction of current MUTCD signal warrants. The signal shall be installed when warranted, at no cost to the County. Should the Director of DPW determine that such signal installation is warranted and such installation is undertaken by the County, the County should have a mechanism to recover the cost from the applicant in fulfilment of Condition B. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: TRF ^ ~i~°°Li:'o~.y a ENG-RICO PLNG-KONA E%~B'~ t99TFq .Pr. . p W 19 aC c ~ j .„,.l _ r r r ~ r I_''~ ! I 1 t^uY -1 T l-~ i<_. i~ i i yt~/ it ^ ii ~ ~ ~~~~~M9Watt'~~ -~.~i~u.~~A siN ~I, nUi'ic 20 hllLvr iR7Vi.i i 94726 r[-a EFn GiJF 19D3 961-050 Fnx ~~yn B) BR1-ri657 ) r~~(7 { r'1~ iii 4/j L t, February 9, 2005 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavan, Manager SUBJECT: CHANGE OF ZONE (REZ 678) APPLICANT - WAH~OLOA DEVELOPMENT CO. REQUEST: TIME EXTENSION TO CONDITION B OF CHANGE OF ZONE ORDINANCE NO.95-51 TAX MAP KEY 6-8-002:016 AND 6-8-003:032 Please be informed that the water system in the area is privately owned and operated. Water availability should be verified with Waikoloa Water Company. Pursuant to Section 23-84 of the Hawaii County Code regulating subdivisions, the following minimum requirements must be complied with for subdivision approval: I. Provide a water system designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the Water System Standards, State of Hawaii, and the Rules and Regulations of the Department of Water Supply. The water system shall include, but not be limited to, the installation of the necessary distribution pipeline, fire hydrants, and service laterals. 2. Submit construction plans for our review and approval. 3. Pay a fee of four-tenths of one percent of the estimated cost for the construction of the water system, but not less than $50.00, to cover the costs for plan review, testing, and inspection. Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milton D. Pavan, P.E. Manager ' z ~p`~ sHxae° E X FI I B I'~ copy- Mr. Thos Rohr ~/~/ccLreN ~Nir2c~6 ~e^ocdNe6~... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, W hitlen Building, 14th and Independence Avenue, SN, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) uM?r'a'F ~7~{. 4~.'i ~ ~4 j.'+ A~~~~IiC. Harry Kim Barbara Bell Mayor _ Director ai~""~ Nelson Ho Deputy Director C~>zuntg >r~ ~tt~~it DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni S[reet, Room 210 • Hilo, Hawaii 96720-4252 (S08) 961-5083 • Fax (808) 961-8086 MEMORANDUM Date January 13, 2005 To CHRISTOPHER PUEN, Plamlin$ D~ector From BARBARA BELL, Director j~j~' Subject Change of Zone (REZ 678) , Applicant: Waikoloa Development Co. Request: Time Extension to Condition B of Change of Zone TMK: 6-8-2:16 and 6-8-3:32 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: N/A ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Counci] Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: SOLID WASTE DIVISION: ( ) No comments (x) Commercial operations may not use transfer stations for disposal. (x) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( X) Ample room should be provided for recycling. ( J() Greenwaste maybe disposed of at the drop sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( 1C) Construction demolition waste is prohibited at County Transfer Stations. (K) other: c~a~,,tr so~lp w~.sr~ MA,nc ~ M EN.r A~.+l~t CRC~`~- ~ G.vIDCLtN.F S 1 I~/~~ 10/13/63 ) CC: SWD 6631 e. Hrtwrti ~i Counry is an equnl opportunity provider and employer. E~1-IIBI~ Ntv ~ ~ Barba ra 4kB1 r~ ~ , •'~e Ofrecmr Harry Kim Mayor u80 T}'SOO Solid Wasle Division Chiej ~ ~•N?+ County of Ha~ai6i DF.PAitTMENT OF ENVIItONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Htiq Hawaii 96720J252 (80R) 961-8053 + Faa (S(18) 961-Fi086 October °i.3, ~0~3 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste managemen: plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recy:°ling and r^~yr.lir~y progr~+ms, (2) predict the waste generated by the proposed uava~opment to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recyclir)g transfers. Lr ~tl i The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Gr2enwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source,,.. separation bins of glass, metal, plastic, cardboard, aluminum, etc. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. ~l~) COUNTY OF HAWAII ACTION TAB TO: &,Pir? From: ~ -~L--~. Date: -~-~-,~=Time FOr Your: ~ `h:~. Information ``~'~f~ Completion Signature Approval Call/See Me Review omment File ~ote Return Other: T/ ~ k-l LINUA LINGLE o~~ RODN EY K. HARAGA S E......... M9 9. 3pVLRNOR fy ~''o sl~s,. DIRECTOR ~ ~ Deputy pirectors ~';4 BRUCE Y. MA7SUI yy.~l ~ am BARRY FUKUNAGA ®.no, QePO BRENNON i. MORIOKA ~ . t BRIAN H. SEKIGUCHI t'~'~"i~f ~ ~ $TATEOFHAWAII INREPtYREFERTO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1582 HONOLULU, HAWAII 96813-5097 February 9, 2005 Mr. Christopher .i. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Waikoloa Development Company, Waikoloa Highlands Golf Estates and Golf Course Time Extension to Condition B of Change of Zone, Ordinance No. 95-51 TMK: 6-8-2: 16 and 6-8-3: 32 In reply to your request for our review of the subject application for a time change in the county ordinance applicable to the proposed development project, we have the following comments: 1. We have no objection to the time extension. 2. An updated traffic impact analysis report (TIAR) should be prepared by the applicant and submitted for our review and approval prior to the applicant receiving any subsequent county land use/zoning subdivision approvals and/or construction permits for the development project. The TIAR should contain, at a minimum, new and current (within that yeaz) traffic counts, a review of any other newer, recent or upcoming projects in the Waikoloa azea, a section analyzing the intersections at our highways with Waikoloa Road, and recommendations for any mitigation measures and/or roadway improvements. A description and drawings or diagrams of the project's development plans should accompany the TIAR. We appreciate the opportunity to provide our comments. Very truly yours, ~RODNEY K. HARAGA Director of Transportation EX~BI'~ R W aikoloa-REZ6]N.jwd 03-0]-OS COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WAIKOLOA DEVELOPMENT COMPANY AMENDMENT TO CONDITION B CHANGE OF ZONE ORDINANCE NO.95-51 Upon review of the request for an amendment to Condition B (time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 95-51, the Planning Director is recommending that the Planning Commission forward a favorable recommendation, with added and amended conditions, to the County Council. Since this recommendation is being made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional infonnation presented at the public hearing. The recommendation for approval is based on the following findings: Condition B of Change of Zone Ordinance 95-51 states: "Final subdivision approval for not less than 175 lots shall be secured within five (5) years from the effective date of this amendment. Plans for infrastructural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. Prior to June 30, 1996, construction of the channelization improvements to the Waikoloa/ Pua Melia/ Paniolo Avenue intersection (including acceleration/ deceleration and left turn storage lanes and pavement and shoulder widening) meeting with the requirements of the Department of Public Works, shall be completed and dedicated to the county. In addition, the applicant shall install and dedicate the traffic signalization improvements required in Condition C prior to the Final Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in the event the warrants for such installation are justified by the chief engineer. In lieu of actual construction of infrastructural improvements required herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the 1 County, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements." The applicant is requesting an amendment to Condition B of Change of Ordinance No. 95-51 to allow an additional ten (10) year time extension to secure Final Subdivision Approval for not less than 175 lots. Change of Zone Ordinance No. 90-160, amended by Change of Zone Ordinance No. 95-51, originally changed the zoning for approximately 761 acres of land from an Unplanned (U) and Multiple Family Residential-1,500 square feet (RM-I.5) to a Residential and Agricultural-1 acre (RA-la) and Open (O) zoned districts. 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. According to the applicant, the non- performance ofsecuring final subdivision approval was due to unforeseeable conditions and beyond the control of the applicant. Furthermore, the applicant states that the non- performance was also not due to their fault or negligence. The applicant cites that although market conditions and demand for residential property have increased with recent years, the focus has been, and continues to be on oceanfront property. The money required to fund on and off site improvements can only be recovered through lot sales at the project. Being that there is no market for this development, it makes this project economically unfeasible for investment purposes at this time. The applicant has explored numerous other financing options with no avail. The applicant has invested a substantial amount of time and money in attempting to develop the Highlands Golf Estates and Golf Course project. They have spent well in excess of 3 million dollars, which includes complying with the conditions of the change of zone ordinance and tentative subdivision approval. The applicant has submitted numerous plans such as the golf course plan, subdivision improvement plans and intersection improvement plans that have been approved. They have submitted the final plat map, but have not received final subdivision approval as of this date. The applicant has also completed channelization improvements of the Waikoloa Road/Paniolo Avenue/Pua Melia Street intersection. In summary, the applicant has made a good faith effort in complying with conditions of Change of Zone Ordinance 95-51. 2 Granting of the time extension would not be contrary to the General Plan or Zoning Code. There have been amendments to both the General Plan and the Zoning Code since the original change of zone ordinance and the amended ordinance were approved. The 1989 General Plan designation for this area was extensive agricultural. The area was rezoned to Residential-Agricultural 1-acre (RA-la) and Open to allow for the creation of the Highlands Golf Estates, consisting of 400 one-acre lots, and Highlands Golf Course. The 2005 General Plan designates the area rural and open, mirroring the approved zoning. Therefore, the request would not be contrary to the changes within the 2005 General Plan. Regarding the changes within the amended Zoning Code, the purpose and applicability of the RA district differs from the previous code adding that the RA district is intended to be only within areas designated as being in the State land use rural or urban districts. To comply with the changes in the Zoning Code and with Chapter 205, H.R.S., the proposed ordinance will contain a new condition, Condition I, that requires this project to be reclassified to the Rural district by the Land Use Commission, prior to final subdivision approval, unless there is a change in the current state land use law or an appellate decision in the Hokulia case, Kelly v. 1250 Oceanside Partners, that clearly establishes the legality of this type of project in the agricultural district. This proposed project is basically similar to the "Hokulia" project that the Third Circuit Court, Kona Division, ruled was an illegal use of agricultural district land in Kelly v. 1250 Oceanside Partners. Both projects involve one-acre lots along a golf course. The Hokulia project's zoning conditions required same agricultural use on each lot. The project's agricultural plan would have created a large coffee farm combining areas from many lots, but the court ruled that this agricultural use was too insubstantial. The Waikoloa Highlands zoning lacks any agricultural use condition at all. While the County believes that the Kelly v. Oceanside 1250 Partners decision was wrong, it creates a dilemma with respect to similar projects such as Waikoloa Highlands. If the development goes ahead, it could be challenged in court. If this happens after final subdivision approval, it could affect the rights of many individual lot owners (as happened in Hokulia). 3 In addition, while the property is in the agricultural district, any homes occupied on the one-acre lots must be "farm dwellings" under state law. In 1976, H.R.S. sec. 205- 4.5 was amended to provide that on lands with soil rating A or B, on lots created after June 4, 1976, homes had to be "farm dwellings." On lots existing as of June 4, 1976, the homes can be "single-family dwellings." A subsequent rule of the Land Use Commission determined that on post-June 4, 19761ots on C, D, and E soils, homes had to be "farm dwellings" as well. A "farm dwelling" is defined as asingle-family dwelling located on and used in connection with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling. Given the one-acre lot size, and the golf course, it is very likely that the purchasers of the lots will expect to occupy homes primarily as a residence, and not in connection with a farm or other income-producing agricultural activity. The project has not been planned to include a commercial farm. Rather than create more issues with residences that may not be farm dwellings, and given the unsettled state of the law at present, it would be better for the project to be reclassified to the Rural State Land Use district, where the homes do not have to be farm dwellings. Granting of the time extension would not be contrary to the to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable today and the request is not contrary to these reasons. From a land use perspective, it is still a more feasible alternative to create a residential-agricultural subdivision and golf course on these non-productive lands. Based on the discussion above, the Planning Director concludes that approval of the requested amendment to Condition B, with added conditions, would not be contrary to the General Plan or Zoning Code nor the original reasons for granting of the change of zone. In addition, the Planning Director is recommending that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and a fair share contribution condition be added. It is recommended that a favorable recommendation be forwarded to the County Council with the following changes to Ordinance No. 95-51. (Material to be deleted is bracketed. New material is underscored): 4 A. The applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; B. Final subdivision approval for not less than 175 lots shall be secured within five (5) years from the effective date of this new amendment. Plans for infrastructural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. [Prior to June 30, 1996, construction of the channelization improvements to the Waikoloa/ Pua Melia/ Paniolo Avenue intersection (including acceleration/ deceleration and left turn storage lanes and pavement and shoulder widening) meeting with the requirements of the Department of Public Works, shall be completed and dedicated to the county. In addition, t]The applicant shall install and dedicate the traffic signalization improvements required in Condition C prior to the Final Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in the event the warrants for such installation are justified by the [chief engineer]director of public works. In lieu of actual construction of infrastructural improvements required herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will be constmcted together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastnictural improvements. C. Access shall meet with the requirements of the Department of Public Works. Direct access to Waikoloa Road shall be limited to one roadway from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue intersection shall be channelized and signalized meeting with the requirements of the Department of Public Works. These improvements together with other improvements required by the Department of Public Works based upon a Traffic Impact Analysis Report dated December 1989 shall be provided prior to the opening of the golf course or in conjunction with final subdivision approval of the first increment, whichever occurs first, or as otherwise provided by Chapter 23 (Subdivision Control); 5 D. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the reauirements of Charoter 11, Article 1 Hawaii County Code relating to Affordable Housine Policy. This requirement shall be approved by the County Housing Agency rorior to final subdivision approval. [secure the concun-ence of the County Housing Agency, upon the recommendation of the Office of Housing and Community Development, that the applicant's affordable housing requirements, if any, have been fulfilled prior to the issuance of final subdivision approval]; E. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; F. Comply with all applicable Countv, State and Federal laws, rules, regulations and requirements[, including conditions of Use Permit No. 71 G. [An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; H. An extension of time for the performance of conditions within the ordinance maybe granted by the Planning 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 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 maybe extended for up to one additional year); and 6 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. Further,] Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planing 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; H. Before final subdivision approval, applicant must obtain reclassification ofthe RA-1 a zoned area from the State Land Use Commission to the Rural district. This condition may be waived by the Planning Director, after consultation with Corporation Counsel, if an appellate iudicial decision, or substantive chance to Chapter 205, Hawaii Revised Statutes, clearly establishes the legality of this proiect in the Agricultural State Land Use district, including the residential uses of the lots; I. 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 chance of zone application and maybe increased or reduced proportionally if the lot counts are adiusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five yeazs from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair shaze contribution may be adiusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage 7 change in the Honolulu Consumer Price Index (HCPII. The fair share contribution shall have a maximum combined value of $9,991.21 per single-family residential unit. Based upon the applicant's representation of intent to develop a total of one hundred and seventy five (1751 single-family residential units, the indicated total of fair share contribution is $1,748,461.75 for the single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution der single-family residential unit shall be allocated as follows: • $4,817.93 per single-family residential unit for one hundred and seventy five (175) single-family residential units for an indicated total of $843,137.75 to the County to support park and recreational improvements and facilities; • $232.42 per single-family residential unit for the one hundred and seventy five (175) single-family residential units for an indicated total of $40,673.50 to the County to support police facilities; • $459.06 per single-family residential unit for one hundred and seventy five (1751 single-family residential units for an indicated total of $80.335.50 to the County to support fire facilities; $200.98 per single-family residential unit for the one hundred and seventy five (175) single-family residential units for an indicated total of $35,171.50 to the County to support solid waste facilities; • $4,280.82 per single-family residential unit for the one hundred and seventy five (175) single-family residential units for an indicated total of $749,143.50 to the County to support road and traffic improvements; In lieu of paving 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, subiect to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; J. An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This 8 condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required: K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] may initiate rezoning of the area to its original or more appropriate designation. 9