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Home My WebLink AboutCOM 0720.000 1998-2000 +pF -x ~ Virginia Goldstein N 4 ~~J.• W~ h f~~,herv K, lame„ur'a ~ ~ Unvctor ,,^4nyor •i Russell I<okubun ~';~"~°'F= Deputy Director ~Ji ~1 °''J, ~rE oi•H~~Ni l'LIILIXt~~I II~ ~M~i1MtT PLANNING DEPARTMENT ~ March 22, 2000 ~u ,lupune Street, (moat Ltl9 Hilo, Hawaii 9b ILU 'lYoL c~ L ',_i r\; C.` Mr. Michael L Matsukawa Attorney at Law ~ Territorial Centre, Suite 201 75-5751 Kuakini Highway 4' Kailua-Kona, HI 96740 Dear Mr. Matsukawa: Use Permit No. 121 Applicant: Kealakekua Development Corporation Subject: Annual Progress Report Taa Mao Kev 8-2-12: (Portion of 12) This is in response to your letter dated March 1, 2000, submitting a summary of the project status for Use Permit No. 121. Accordingly, there are no initial timetables within the use permit that the applicant is required to comply with. However, please be reminded that once Final Plan Approval is secured for the proposed golf course (Condition No. 4), the applicant has five (5) years in which to complete construction of the golf course. Upon meeting with the new board of directors, we would appreciate receiving any supplemental information on the direction of this development. Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis Fujimoto of this department at 961-8288. Sincerely, 1~/IRGINIA GOLDSTEIN Planning Director SG:gp O E\wpwin60\susan\Matsukawausel2larskg Comm. N~NJj,_~ File No. Kef. To:_~ kt~f. llata Mr. Michael J. Matsukawa Attorney at Law Page 2 March 22, 2000 vc: w/itr: ~;ounty Council Planning Commission West Hawaii Office MICHAEL J. MATSUKAWA ATTORNEY AT LAW TERRITORIAL CENTRE. SUITE 201 75-5751 KUA KINI H16H WAY KAILUA-KONA. HI 96740 , ~ ~i I i(i!I 1 Pfrl 3 50 TELEPHONE NO. 18081 329-1385 FAX NO. 16081329-0512 COUNTY CF HAWnII I'L,", pif'I.'i^ DEPT. r ran r. 4 ~ 11 4 l MaLa~h 1, .~.~n~ Ms. Virginia Goldsteir. Planning Director County of Hawaii 25 Aupuni Street Hilo, HI 96720 (Via Hand Delivery to Kona Office) RE: USE PERMIT 121 (ANNUAL REPORT) KEALAKEKUA DEVELOPMENT CORPORATION ANNUAL PROGRESS REPORT Dear Ms. Goldstein: I was recently asked by the newly constituted board of directors and officers of Kealakekua Development Corporation to submit this annual progress report for Use Permit 121. Previously, Mr. Robert Bethea had represented the corporation and submitted reports to the Planning Department as required by the conditions of Use Permit 121. Summary of Proiect Status The passing of Mr. Aisuke Goto, the principal of Kealakekua Development Corporation, and the reorganization of the board of directors and officers, including the selection of a new resident manager created delays in the project. Further, project financing has also contributed to delays in the project. iait~ ~~_e1 .,~~~i u-,+' ..i l~.lL 1.0 ,uli..l ii~i~<. t,J u~ t. Ct_.: ;G i. l- directly connected to the overall project that is reflected in and authorized by Ordinance 95-70 (No. 798), which was amended by Or_dinanre No< 98~6~. Since the last annual report dated February Ih Iti~av ~:a:~~ rl !a~ i-,~~ Mir kn}~~~-i. Rvt1~NH girl b~i~i,ti =li K~~%rlakeklt~ Development Corporation, no significant changes have occurred. Nor has substantial progress been made on the golf course development due to the reasons noted in Mr. Bethea's letter and as noted above. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Ms. Virginia Goldstein Re: Kealakekua Development Corporation March 1, 2000 Page 2 YertOT'II1311Ce_, O_ t.__(_011(~lt.lOn£i I prepared a chart of various tasks or events which are described in the ordinances and permit letters as conditions of approval. Since I have recently come on to this matter, I will be reviewing this report with the new board of directors and officers and will supplement this report with any further information made available to me. I enclose a copy of Mr. Bethea's February 16, 1999 letter and restate the items as noted therein. Thank you very much. Yours truly, Michael J. Matsukawa MJM : j f f \up\mi sc\kea-dev. t t t Encs. xc: Client Summary of Major Legislative and Administrative Approvals for Kealakekua Development Corporation Development Plan County Council Planning Commission REZ 798 ORD 98-63 RES 343-96 USE 121 SPP 898 5/23195 7/2/98 7/3/96 3/1/94 4/17/95 Allowed golf course Allowed recreation center Rezoned land in question Deadlines ------Deadlines----- Water Source No specific deadlines Condition (B) for submittal of plans and Deadline: supporting matter but 5/23/97, deadlines exist for per- extended Amended REZ Clarified Water formance of certain to 5/23/2000 798 to extend System deve- tasks before certificate (Ord. 98-63) time deadlines lopment require- of occupancy obtained set forth in ments for water or opening of golf course Conditions (B) systems put on Subdivision (C) and (Y) project site Plan Submittal Condition (C ) Deadline: 5/23/2003, extended to 5/23/2005 (Ord. 98-63) ,a~~ _ MAJOR CONDITIONS OF APPROVAL FOR KEALAKEKUA DEVELOPMENT CORPORATION PLANS Council Plarming Commission Event/Task REZ 798 USE 121 SPP 898 to be Performed 5/23/95 3/1/9A 4/17/95 Secure approved water source in consultation with designated agencies (2 years from rezoning; extended to 5 years from Cond. B Cond. 3 date of ordinance) 5/23/2000 Submit subdivision plans for Increment #1 (3 years after effective date of rezoning, Condition B, above; extended to 5 years from effective date Cond. C of rezoning) 5/23/2005 Events/Tasks to be performed prior to or together with submittal of subdivision plans -or- to be performed before final sub- division approval *Archaeological sub- plans Cond. H, I Cond. 10 *Forest management plan Cond. S control, Etc. Cond. E, K Cond. 8, 9 *Stubout of internal roads Cond.L REZ 798 USE 121 SPP 898 "Waste water system Cond. F Cond. 1 •Drainage system Cond. G Cond. 6 Cond. 2 'solid waste system ^ond. "`Ghana/Farm Use covenants Cond. R "Fair Share payments Cond. P Events/Tasks to be per- formed on a continuing or operational basis `A-8000a district Cond. T "Street lights Cond. U "Pest management plan Cond. V Cond. 12 'Recreation plan Cond. N "Fair Share for By-Pass Road Cond. M "Fair Share for regional roadway development Cond. M -UI ut~e~l Irtipai;[ Fee Ordinance lif enacted) Cond. W Groundwater monitoring plan for golf course Cond. 13 REZ 898 USE 121 SPP 898 "Dust and sediment control during construction of golf course Cord. 14 "Use of off-site material for golf course Cond. 15 `Public play on golf course Cond. 16 "Employee housing for golf course Cond. 17 "`Job training for golf course Cond. 18 Comply with all laws and rules of the federal, state and county government and their agencies $F.T~IE,A, B~.ACK, NISHIMUIit1 ~ LEIT[IEAD Arroatvevs nT Lnw 688 1<INOOLE STREET, SUITE 210 HILO. HAWAII 96720 TELEPHONE (808)961-6006 ROBERT E. BETHEA RALPH U. BLACK FACSIMILE UENNIS D. NISHIMURA lAOA) 969-6788 A. SCUTI' LEITHEA6 February 16, 1999 Ms. Virginia Goldstein Planning Director 25 Aupuni Street Hilo, HI 96720 Re: Kealakekua Development Corporation Use Permit No. 121 Annual Progress Report Dear Ms. Goldstein: I am writing on behalf of my client, Kealakekua Development Corporation ("KDC"), to provide you with a report on the status of the development authorized under the above-referenced Use Permit, as required by Condition No. 20 of the Use Permit. I. STATUS OF THE PROJECT The golf course authorized under Use Permit No. 121, is one component of KDC's master planned development for its property, and the development of improvements for the master planned project are required for the development of the golf course. Since other discretionary land use permits were required for the KDC master plan, specifically a change of zone and a special permit, progress on the golf course development could not commence until ^!-r^,~ ,.!F; ~r nrm~it~ ~ ~~onre,r! Special Permit No. 898, authorizing a recreation center on KDC's property, was issued by the Planning Commission on April 17, 1995. Change of ?one Ordinance No- 95 ~70 was Topographic surveys of portions of the Koa Road and Mamalahoa Highway were prepared in preparation of a preliminary layout for the required intersection at the Iv(amalahoa Highway. KDC continues to work on its forest management plan. Ms. Virginia Goldstein February 16, 1999 Page 2 II. PROGRESS IN COMPLYING WITH THE PLANNING COMMISSION CONDITIONS IN USE PERMIT NO. 121 The following summarizes KDC's progress in complying with the conditions of the Use Permit in this matter: Condition 3 -Irrigation weeds of the Golf Cuursc "The Applicant shall provide assurance(s) satisfactory to the Planning Director, upon consultation with the Department of Land and Natural Resources- Commission on Water Resource Management and the Department of Health, that a water source(s) of sufficient quality and quatitily to support the total irrigation needs of the golf course be established prior to the issuance of a certificate of occupancy or opening of the golf course, whichever occurs first." On July 17, 1996, the CWRM issued a Well Construction Permit for Kealakekua Ranch Well 1. Well No. 2952-01. KDC has secured plans and specifications for the well's construction and pump testing; however, budgetary constraints have delayed a commencement of the drilling. A CWRM will be obtained as required. Condition 4 -Final Plan Approval "Final Plan Approval for the proposed golf course and related improvements shall be secured from the Planning Director. In the design and review of any improvements, noise and visual impacts shall be minimized through appropriate siting, height, bulk, color schemes, and landscaping. The Planning Director shall determine the related improvements and accessory uses of the golf course not inconsistent with the applicable provisions of the Zoning Code at the time of plan approval review." No progress has been made on the performance of the condition during this reporting period due to lack of availability of financing. Condition 5 -Construction of Gblf Course and Related Improvements ~ ~~i14fi'ik IniY~ ~~F 1~~~ ii .uili'~~ -n l~l irl dic'.~ 1i11iN~Wr'n lr~~iV V~IAI~ ~ir~ ~ ninn~rir•~~ tiv~thin Live 15) years h~om the date of receipt of t final Plan Appiuval." No progress has been made on the performance of the condition during this reporting period due to lack of availability of financing. Ms. Virginia Goldstein February 16, 1999 Page 3 Condition 6 - Drainaee Studv "A detailed drainage study shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of plans for Plan Approval review of the golf course. The Study shall take into consideration the. ule ~stc~ drauiage systcrn, tetenltuu basins and "Reduced ~[utt" design to ~c incorporated within the golf course. A drainage system shall be installed meeting with the approval of the Department of Public Works, prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first." No progress has been made on the performance of the condition during this reporting period due to lack of availability of financing. Condition 7 -Golf Course Design "In the design of the golf course, the County of Hawaii Planning Department's Guidelines for Golf Course Design (November 1989, as amended) shall be utilized. The Planning Director shall determine appropriate setback requirements (i.e. building and property line) at the time of plan approval review. Easements for golf course purposes over and across abutting lots, either existing or proposed, shall not be permissible, except as may be approved by the Planning Director." No progress has been made on the performance of the condition during this reporting period due to lack of availability of financing. Condition 8 -Koa Road Im~ovements "The new Koa Road improvements shall be constructed to County dedicable standards, meeting with the approval of the County Department of Public Works. These road improvements shall be installed prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first. The Koa Road shall gliro., fnr nPmPtn~1 rs~bG^ ,,~sP h^ °n^~m~nt nr hr .~ir~~ieatcri to +fir ~nnn'~ *tr~ cart path shall be permitted [o cross over the Koa Road, except as may be approve by the Planning Director and Chief Engineer. Furthermore, direct access from futures residential lots sdjoinink' this alignment ~.vill not be peunittecl." Field topographic surveys of portions of Koa Road and Mamalahoa Highway were performed by R.M. Towill during December. 1995 and February, 1996 in preparation of a preliminary layout for the proposed intersection with Mamalahoa Highway. Tentative comments w-ere received from the Department of Transportation in May, 1996 regarding the proposed intersection location, and revisions have been made to finalize the location of the Mamalahoa A~(s. Virginia Goldstein February 16, 1999 Page 4 Highway/realignment Koa Road intersection. Condition 9 -Intersection Improvements at Mamalahoa Highwav-Koa Road Intersection "Intersection improvements at the Mamalahoa Highway-Koa Road intersection, iii{audir~y; tta£fi~ sigtial~ attd .,l~atuiclizatiuu, shall Lc installed iu a u~atnre~ tncc~ing with the approval of the State Department of Transportation and the County Department of Public Works, prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first." As indicated above, KDC at this time is not proceeding with plans for the new Koa Road improvements to satisfy the above condition due to lack of availability of financing. Condition 10 -Archaeological Mitigation and Interpretation Plan "An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for plan approval review. The Plan shall consist of three subplans; (I)an archaeological data recovery plan for the sites to undergo data recovery. (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alteration activity within the project area. The Plan shall also include a detailed map of known lava tube/cave systems located within the project site and mitigative measure to ensure that the golf course and related drainage systems do not impact these cave systems." Until the Koa Road improvements are finalized, submittal of plans for the golf course are not anticipated. In addition, no land alteration is anticipated in the near future. "therefore, work on this condition has not vet comtenced Condition I l -Discovers of Archaeological Sites During Construction , , ,.l ~.;i, ~ f _ ~ , , preparation activities, work within the attested area shall immediately cease and the Planning Director immediately notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director." No construction has ye[ commenced on the property, so this condition is not yet N[s. Virginia Goldstein February 16, 1999 Page 5 applicable. Condition 12 -Pesticides and Herbicides Usaee "The use of pesticides and herbicides in conjunction with all phases of operation -;hall c~ufu~~~i ~~~it1~ ;lie applical~lc iegiiiati~u:: of aFpropriatc guvc~ n~~~cn1~1 agencies." No construction has yet commenced on the property. Therefore, compliance with this condition is premature. Condition l3 -Submission of ivlonitoring Plan on Groundwater Pollution "Prior to the commencement of construction, any portion of the proposed golf course development are [sic] overall monitoring plan on the potential pollution of groundwater shall he submitted to the Planning Director for approval in consultation with the State Department of Health." No construction has yet commenced on the property. Therefore, compliance with this condition is premature. Condition 14 -Fugitive Dust and Runoff Sedimentation Control "During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii." No construction has yet commenced on the property. Therefore. compliance with this condition is premature. Condition IS -Compliance with Off-Site Construction Material ruur w cousirucuun, [ha appu~ani stiali dcuwustiate iu tlic saiislacuun of the Planning Director that all proposed off-site construction material such as top-soil or sand are being supplied from an approved quarry nr resource site," IVo construction has yet commenced on the property. ~fherefore, compliance with this condition is premature. Condition 16 - Establishment of a Public Ylay Program Ms. Virginia Goldstein February 16, 1999 Page 6 "A program for public play at the proposed golf course shall be developed meeting with the approval of the Planning Director, prior to the issuance of a certificate of occupancy or the opening of the golf course, whichever occurs first. The Program shall include, but not be limited to, the provision of public play, at kama'aina rates, at least one (I) day per month." It is premature to begin complying with this condition since construction on the golf courses has not yet commenced on the property. Condition 17 - Employee Housing "The Applicant shall establish a program for employee housing and which shall be submitted for rite review and approval of the Planning Director and Housing Agency together with the submittal of plans for plan approval of the golf course and clubhouse. The program shall include provisions fur on-site or off-site housing for the employees at a ratio to be determined by a study oCsurrounding housing opportunities and employee needs. The ratio shall be no less than 10% and tto more titan 50% of the number of employees. The program may also include consideration for other alternatives such as rental housing subsidies or !rousing allowances. The approval of the program shall be secured prior to the issuance of a certificate of occupancy with the golf course." It is premature to begin complying with this condition since construction of the golf course and golf clubhouse have not yet commenced on the property. Condition 18 -Job Training Program "A job training program for the operating phase of the golf course and golf clubhouse shall be developed and submitted to the Planni~tg Director for review and approval prior to the issuance of a certificate of occupancy or opening of the golf course, whichever occurs first." t~ i~ nrcm'1h~rP to b~..:n ^~m„i..ir,- ~ it!~'1ii~.. ~,~,.I~~~,.,, wutse and golf clubhouse have not yet commenced on the property. ~=onc)itign.:?0 ,.,1nt~ual F~epola "An annual progress report shall be submitted to the Planning Director prior to each anniversary date 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 Ms. Virginia Goldstein February ] 6, 1999 Page 7 acknowledges that further reports are not required." This report is being submitted to the Planning Director to satisfy this subject condition. If you have any questions about this report, please contact this office. V r truly y rs, Ro ert E. Bethea REB/aa xc: Kealakekua Development Corporation