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HomeMy WebLinkAboutCOM 0110.000 2000-2002 rr~ Hflrry Klm • ~ ~ ~ • • - Chns[opher J Yuen Mayor D/ractor • C l r L u f~ f' I C 1Roy R Takcmoto . j~` DepvtyDlrector r` Couaty of Hawaii PLANNING DEPARTMENT 23 Aup,m, StraeR Room 109 • Hilo. Haw.,, %720.4232 (908)%1-8298 • Paz (809)961-8742 February 5, 2001 Mr. Sidney M. Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Applicant: Manini'owali Equity Company, LLC Change of Zone Ordinance No. 00-7 (REZ 940) Open to Project District Special Management Area Use Permit No. 395 (SMA 395) Approved Development: Residential Community Consisting of a Maximum of 900 units of a Mlz of Single and Multiple Family Residential Units, Golf Course, Tennis Facility and other related improvements TMK: 7-2-04: 18: Manini'owali and Kuki'o 2°". North Kona. Hawaii Thank you for your letter dated October Iti, 2000, requesting clarification of the specified requirements of a condition of approval contained within both the change of zone ordinance and Special Management Area (SMA) Use Permit, as described above regarding comprehensive public access improvements. We apologize for the time it has taken to respond to your request. To summarize, both Condition S of Ordinance No. 00-7 and Condition No. 12 of SMA Use Permit No. 395 require the development, approval and implementation of a comprehensive public access plan prior to the opening of the golf course or the issuance of Final Subdivision Approval for any residential increment. Your letter seeks clarification of the implementation of improvements associated with the approved comprehensive public access plan relative to the issuance of Final Subdivision Approval for the proposed development. We confirm that Condition S of Ordinance No. 00-7 and Condition No. 12 of SMA Use Permit No. 395 will permit the issuance of Final Subdivision Approval for any residential increment of the proposed project upon: Comm. No. ' to F51e Np. Z N Ref. To: Ref. Date FEB 0 cos o~ Mr. Sidney M. Fuke Page 2 February 5, 2001 1 completron of construction of all public access improvements, as required by the approved comprehensive public access plan; or 2. the effectuation of an agreement with the County, with the appropriate bond or other form of surety, to ensure the construction of all physical improvements as required by the approved comprehensive public access plan; and 3. the provision of an interim public access, at a location and in a manner meeting with my approval, that shall remain in place until such time as all approved comprehensive public access improvements have been installed by the applicant. We will requu~e that the comprehensive public access plan, to be submitted to this office for our review and approval, contain the implementation alternatives discussed above, as well as an implementation schedule for the public access improvements. The plan should also identify the location and construcfion details of the interim public access, should the applicant elect to bond the installation of the approved public access improvements. We hope that we have responded adequately to all of the items discussed within your letter. If not, or if you require further clarification, please do not hesitate to contact Daryn Arai of our West Hawaii Office at 327-3510. Sincerely, --i-`---- CHRISTOPHF~,I~ YUEN Planning Drrector DSA:rld p\wpwin60\da~\2001\Ii~LkeSREZ940du doc c w/ltr: County Council Planning Commission West Hawaii Office ~l~ ~~L SldneyFuke, Planning Consultant 100 Pauahi Sheet, Suite 212 • Hilo, Hawatr 96720 • Plennnp • Variance • Zonag Telephone (B06) 969-1522 • Fax (B06) 969-7996 • Subtlrvexn • IaM Use Pennns • EmnraxnerMel RepMs October 16, 2000 e2~~F67g9ro 7 Ms. Virguua Goldstein, Director R w Planning Department '=ib~,~o~/~~~ COUNTY OF HAWAII 25 Aupuni Street °~tye~ky~4,~ Hilo, HI 96720 •c°~~°zzzt~°ZV~ Deaz Ms. Goldstein• Subject: Clarificatioe of Zoeieg aed SMA Conditioe Maeiei'owali Rssddeetial Golf Commrrity, TMK: 7-2-4: 18 1 The Planning Commission, in its approval of SMA Use Permit No. 99-004), required the development and unplementation of a public access plan (Condition No. 12). Likewise, the County Council, in its approval of the Project District Zoning (Ordinance No. 00 7) also had the same condition (CondRion S). The language of both conditions is identical (see attached pertinent portions of permit and ordinance), which reads. "A final Comprehensive Public Access Plan, to be developed rn accordance with applicable conditions of approval of the Land Use Commission Decision and Order (Docket No A92-677) and Land Exchange Agreement, shall be submitted for the review and approval by the Planning Director, upon consultation with the Department of Land and Natural Resources (DLNR), and shall include mauka-makai, bike, pedestrian and vehicular access, parking areas and restroom facilities on State land located makar of the subject property and at locations approved by the DLNR, signage, emergency response considerations, restrictions on use (if any), and related improvements Implementation of the public access plan shall be completed no later than the opening of the golf course or Final Subdivision Approval of any residential rnerement " We also note that in both instances, this condition was recommended by your office and accepted by the Planning Commission and County Council without any change. As such, its intent is best understood by your office, and understandably, we look to your office for its clariScation. The requested clariScation relates to the last sentence of this conditton which reads: "Implementation ojthe public access plan shall be completed no later than the opening of the golf course or Final Subdivision Approval of airy residential increment " It has always been the applicant's understanding that if the developer and not the State were to make the pubhc access/pazk unprovements, they would be done in conjunction with Ms. Vuguua Goldstein October 16, 2000 Page 2 the actual development of the project. This would be logical from a construction cost perspective, as well as public safety. Having the approved access through the site during the construction phase would be hazardous An interirn access could be provided at a location that does not compromise safety and interfere with construction operations. This is conceptually consistent with the terms of the Land Exchange Agreement. The Agreement does not expressly state that the access and/or pazk improvements have to be completed prior to the opening of the golf course or any final residential approval of the project. It does state, however, that should the State should complete the improvements, the developer would be responsible for reimbursing the State up to $2.5 million to cover the cost of the access and park improvements. It is the applicant's further understanding that the condition in question was designed to make sure that the access and pazk improvements would be implemented at some pre- determined date and not some vague time in the fitture with no assurances of their completion. Accordingly, if final subdivision approval of a residential increment were sought through an approved bond or surety with the appropriate agreement pnor to tbe physical completion of the access road and pazk improvements, the bond or surety and agreement must also include tbese improvements. Only under that circumstance could final subdivision approval be issued and deemed in fulfillment of the aforementioned public access plan condition. Under this understanding, the Comprehensive Public Access Plan must also include a schedule of its implementation. And completion or satisfaction of the implementation program can occur -like the traditional bond/agreement route -either through the actual construction and acceptance of the required improvements or the acceptance of the appropriate bond or surety and agreement. We look forwazd to your confim~ation of the above. Should you have any questions or need additional information on this matter, please feel free to contact me. Thank you very much. S}pce~rely, (yu~\~AV~~` U? SIDNEY M. Planning Consultant Enclosure xc Maniniowali Equity Co., LLC