HomeMy WebLinkAboutCOM 0216.000 2000-2002 OO-~NfY OF h,'~4
g~„y xim c• Christopher 7. Yuen
Mayor Director
gTF~OF~H P'N ~ r y 1 Roy R. Takemoto
1 i , , . , ' ~ ! ( Deputy Director
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
May 7, 2001
Ms. Anne L. Mapes
Belt Collins Hawaii Ltd.
680 Ala Moana Boulevard, First Floor
Honolulu HI 96813-5406
Dear Ms. Mapes:
Special Management Area (SMA) Use Permit Nos. 271, 272 and 348
Change of Zone Ordinance No. 88-157 (REZ 608)
Applicant: Kaupulehu Makai Venture
Subject: Annual Progress Report
Tax Ma~Ke~: 7-2-10:1, 2, 4, 5, 8, 9; 7-2-11:1-18; 7-2-12:1-15 and 17-28
This is to acknowledge receipt of your letter dated October 20, 2000 containing an annual
progress report as required by SMA Nos. 271, 272 and 348, and Ordinance No. 88-157. We
apologize for the delay in responding to your submittal.
Thank you for complying with the annual report requirement. By copy of this letter, we are
forwarding the SMA Annual Progress Report to the Planning Commission. The Change of
Zone Annual Report will be forwarded to both the Planning Commission and the County
Council for their information.
Co~xlril. No•. ~ ,
File No.._ _
.Refs ~o:
,arm SAY x,001
.
Ms. Anne L. Mapes
Belt Collins Hawaii Ltd.
Page 2
May 7, 2001
Should you have questions, please feel free to contact Esther Imamura or Susan Gagorik of this
office at 961-8288.
Sincerely,
CHRI OPHER J. Y
Planning Director
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P:\WPWIN601ETI1PCannrpt\SMA231-2,348,REZ608mapes. doc
xc: Planning Commission
County Council
West Hawaii Office
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Change of Zone Ord. 88-157
Annual Progress Report -October 20, 2000
The conditions of approval and status are as follows:
(A) the applicant, successors or its assigns shall comply with all of the stated conditions of
approval;
Response: I~aupulehu 1Viakai Venture (I£1VIV) will continue to coanply with all
stated conditions of approval.
(B) a determination that the adequacy of potable water can be met for the various zoned
districts or a specified increment thereof shall be made in the following manner: (1) a
detailed water resource management plan shall be submitted to and accepted by the
Planning Director in consultation with the Department of Water Supply and the State
Department of Health. Said plan shall include, but not be limited to, hydrological study(ies)
of water source(s); location of the well(s) or point of diversion; quantity and quality of
water; dependability and sustainable yield of the identified source(s); a calculation of water
demand based on maximum density permitted or total land area of the zoned district;
projected maximum water consumption for domestic, commercial, industrial and fire
protection purposes of the proposed development or specified increment; location of
proposed water system, water storage, pumps and transmission lines; reporting schedule
and operational procedures; (2) following the acceptance of a water resource management
plan, an agreement, which has been approved by the Department of Water Supply, the
Planning Director and Corporation Counsel, shall be executed with the County of Hawaii
prior to the issuance of final subdivision approval to assure implementation of the accepted
water resource management plan;
Response: The Department of Water Supply approved the water resource
ynanagenaent plan in 1995. An agreement was executed with gIawaii County before
final subdivision approval.
(C) a 150-foot-wide planting easement adjacent to and along Queen Kaahumanu Highway
throughout the length of the- properties, exclusive of roadway access, shall be set aside and
delineated on subdivision plans submitted for the affected area. Landscaping plans shall be
submitted and approved by the Planning Director in conjunction with the review of
construction plans for subdivision improvements;
Response; The 150-foot-wide planting easement is-shown on the approved plat snap
(FP 2180). A subdivision application for the lEiualalai Project District, which includes
the area abutting the planting easement, was submitted to the Planning Department
on 9-21-2000. At this tine, the 150-foot wide planting easement is being retained in
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its natural condition. Therefore, no landscaping plans for the easement have been
prepared to slate.
(D) fully channelized intersection improvements, including but not limited to deceleration,
acceleration and left-turn storage lanes, traffic lights and/or an overpass or underpass, if
required, shall be provided at the intersection of Queen Kaahumanu Highway and a
proposed main resort entry road meeting with the approval of the State Department of
Transportation, Highways Division, prior to the opening of the proposed hotel. These
improvements may be provided jointly with adjoining property owners;
Response: Design of a fully-channelized intersection at Queen Kaahumanu
I3ighway was approved by the State Department of Transportation (DOT) by letter
dated l0~larch 30, 1994. In 1995, the intersection was constructed.
(E) a traffic monitoring program at the intersection with Queen Kaahumanu Highway shall be
submitted to and approved by the State Department of Transportation, Highways
Division, prior to receiving final plan approval for any portion of the proposed
development. If additional intersection improvements such as a fully channelized
intersection with acceleration/deceleration lanes, signal lights and/or an underpass or
overpass, are required as determined by the findings of subsequent monitoring and analysis,
the applicant shall provide the improvements in accordance with the requirements of the
State Department of Transportation, Highways .Division. These improvements may be
provided jointly with adjoining property owners;
Response: The traffic monitoring program was approved by DOT 1=Hghways.
(F) all roadways within the proposed development shall be constructed in accordance with the
requirements of the Department of Public Works. Curbs, gutters and sidewalks may be
required to be constructed in areas of likely pedestrian traffic as determined by the Chief
Engineer and the Planning Director;
Response: Roadways have been constructed to Resort Road standards of the Hawaii
County Code. Variations from the standards have been approved through the PLTD
process. Any future variations will also be sought through the PUD process.
(G) a roadway connection to the adjacent property along the southwestern boundary shall be
provided meeting with the approval of the Department of Public Works;
Ruse: A roadway connection to the adjacent property is shown on the approved
plat neap (File Plan 2180).
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(H) no lots shall have direct access from the Queen Kaahumanu Highway except through an
access point- approved by the State Department of Transportation. Other access to the
proposed lots shall be from the interior roadways;
Res
x~onse: I~1VIV will continue to comply. Access to developed lots are from interior
roadways. Access to Queen Kaahumanu lliighway is via the new channelized
intersection approved by the State Department of Transportation.
(I) a drainage system shall be installed meeting with the approval of the Department of Public
Works;
Response: Drainage systems for constructed projects at tiualalai were approved by
the Department of Public Works. When other projects are developed in the fixture,
AVIV will seek approval from -the Department for associated drainage systems.
(J) all residential, commercial and hotel units and uses shall be connected to a secondary sewage
treatment plant, public or private, meeting with the approval of the appropriate
governmental agencies. The secondary sewage treatment plant shall have astand-by
generator to operate the plant in the event of an electrical power outage;
Res
s~Onse: Current residential, commercial, and hotel uses are connected to a
sewage treatment plant with a standby generator.
(K) the applicant, successors or assigns shall be responsible for satisfying an affordable housing
requirement which is being assessed on both the resort and residential components of the
proposed project. A maximum of four hundred eighteen (418) affordable units will be
required to address the needs generated by the one thousand fifty eight (1,058) resort/hotel
units currently being proposed. A maximum of three hundred (300) affordable units will be
required for the residential component of the project based on 60% of the total number of
residential units being proposed. The total affordable housing requirement being assessed,
based on the current development scenario, will be a maximum of seven hundred eighteen
(718) affordable units. These affordable housing units may be provided on or off the project
site. The actual number of affordable units required may increase or decrease proportionally
along with the actual number of resort and residential units developed by the applicant.
Stated in 1988 dollars and subject to adjustment for inflation, the dollar value equivalent of
the affordable housing requirement involving seven hundred eighteen (718) affordable units
shall be a maximum of five million seven hundred seventy-one thousand five hundred
twenty dollars ($5,771,520). This value may be adjusted annually on the effective date of
the change of zone ordinance by the Planning Director in consultation with the Office of
Housing and Community Development based on mutually acceptable cost indices. The
affordable housing requirement shall be implemented concurrently with the completion of
units for the resort/residential project. If an affordable housing demand, or portion thereof,
does not exist at the time a particular phase of a resort is ready to be developed, the
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requirement may be deferred and the phase of resort development allowed to be developed.
An in lieu payment may be made in cash, through the provisions of services, or by other
acceptable means to satisfy the affordable housing condition. The method of satisfying the
affordable housing requirement must be approved by the County Housing Agency,
subsequent to review and recommendation by the Office of Housing and Community
Development, prior to the issuance of Final Plan Approval for any phase or increment of
the proposed resort/residential development. Affordable units provided to satisfy the
requirements of these conditions shall, as a guide, utilize the following distribution: 17%
affordable to families earning less than 80% of the median family income; 33% affordable to
families earning between 80% to 120% of median family income; 50% affordable to .families
earning between 120% to 140% of median family income;
Response: I~aupulehu Developments, a 1-Iawaii general partnership, obtained
rezoning under Ordinance No. 88-157 and entered into an agreement with the
County of fIawaii on February 12, 1990 for the satisfaction of this condition. This
agreement was subsequently amended on October 8, 1991. Project development was
thereafter substantially delayed because of financial difficulties. When construction
resumed in 1994, the supply of affordable. housing had increased since the dine of
the original agreement. I~aupulehu 1Vlakai Venture (KMV), which had succeeded to
the interests of Kaupulehu Developments, proposed a housing subsidy program for
employees of the resort in lieu of a program to construct more units. On June 16,
1998, the County Housing Agency approved an implementation plan which satisfies
this condition through a new affordable housing policy (Ordinance No. 98-1). The
implementation plan provides for housing subsidies to be awarded to I3ualalai
Resort employees who qualify under the affordable housing income guidelines of
the County of Hawaii. The implementation. plan has commenced with an initial
survey of resort employees, and applications for housing subsidies are expected
before the end of the year.
(L) an intensive archaeological survey and mitigation plan shall be submitted to the Planning
Department for review and approval at the time of plan approval review and/or prior to
any land preparation activity being conducted on the property;
Response: The intensive .archaeological survey and mitigation plan has been
approved by the Planning Department.
(M) should any unanticipated archaeological sites be uncovered during land preparation activity,
work within the affected area shall cease and the Planning Director shall be immediately
notified. Work within the affected area shall not resume until clearance is obtained from the
Planning Director;
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Response: No unanticipated archaeological sites have been uncovered during land
disturbances. Work will cease if any archaeological sites are found during future
construction.
(N) plans for the hotel and related improvement shall be submitted to the Planning Department
for plan approval review within one year from the effective date of this ordinance.
Construction shall commence within one year from the date of receipt of final plan
approval and be completed within three years thereafter;
Response: Plans for the Four Season Hotel (SMA 271) were submitted for plan
approval review and construction started within one year of final plan approval in
1991. Subsequently, a plan approval was issued on August 17, 1993 fora 250-room,
low-rise -hotel plan. A building permit for the revised hotel was issued in 1995 and
construction was completed in 1996. The completed hotel contains 243 units:
(O) a water quality and marine life monitoring and mitigation plan shall be submitted to and
approved by the Planning Department prior to the issuance of a grading permit and/or prior
to any land preparation activity being conducted on the golf course and hotel sites;
Response: A water quality and marine life monitoring plan was approved by the
Planning Department and the applicant is complying with specifics of the
monitoring plan.
(P) an anchialine pond management plan shall be submitted to and approved by the Planning
Director within one year from the effective date of the ordinance or prior to conducting any
land preparation activity in the affected area, whichever occurs first;
Response: The anchialine pond monitoring plan was approved by the Planning
Department. In 1996, an updated plan was approved by the Planning Department.
(Q) two mauka-makai public accesses shall be provided. A lateral public access throughout the
length of the property shall also be provided. One public shoreline parking stall for every
10 hotel and residential units and restroom/shower facilities shall be provided at each
mauka-makai access concurrently with the development of the first hotel or residential
development. An easement shall be recorded with the State Bureau of Conveyances for
both the public accesses and parking areas. The location, time of construction and/or
availability, restrictions or uses, signage and related improvements for the public shoreline
accesses and parking areas shall be approved by the Planning Department. Best efforts shall
be used to secure the necessary governmental permits for the development of a swimming
beach at a location between the two hotel sites on the subject property;
Response: On December 8, 1997, the Planning Department formally approved the
Hualalai at Historic Kaupulehu Final Comprehensive Public Access Plan.
s
Easements for public access and parking have been recorded with the Bureau of
Conveyance.
Swimming beaches along the shoreline have been established following the
approval of a Corps of Engineers permit on June 20, 1996, Conservation District Use
permit on November 1~, 1994, and CZM certificate of compliance on May 24, 1996.
(R) a construction housing mitigation plan shall be submitted to the Planning Department for
review and approval prior to the issuance of final plan approval of the proposed hotel. The
plan shall include a regular reporting schedule to allow the Planning Department to monitor
the construction housing impact;
Response: A construction housing mitigation plan was approved for the Four
Seasons Ilotel (SMA271).
(S) no improvement, unless otherwise exempted by law, shall be allowed within the 40-foot
shoreline setback area unless a Shoreline Setback Variance has been applied for and granted
by the Planning Commission;
Response: Improvements in the 40-foot setback are consistent with the Shoreline
Setback Variance granted on June 27,1989.
(T) all applicable conditions of Shoreline Management Area Use Permit Nos. 271 and 272 shall
be complied with;
Response: I~VIV will continue to comply with applicable conditions of SMA 271 and
272.
(U) all other applicable laws, rules, regulations and requirements, including those of the
Department of Water Supply shall be complied with;
Response: KMV will continue to comply with applicable laws, rules, regulations,
and requirements.
(V) an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of zone change. 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;
Response: This constitutes the annual report of the project's status.
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(VV) 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 s election, be satisfied by performance in accordance with the requirements
of the Unified Impact Fees Ordinance; and,
Response: I~VIV will consider this option should the Council adopt a Unified Impact
Fees ®rdinance.
(X) an initial 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 the conditions that could not have been foreseen or are beyond the control of
the applicants, 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; and 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, 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
may initiate rezoning of the area to its original or to a more appropriate designation.
Response: KMV understands that the Planning Director may grant extensions for
periods not to exceed originally granted time periods.
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