HomeMy WebLinkAboutCOM 0220.000 2000-2002
Ha Kim va,r o. May Christopher J. Yuen
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Mny'or ~~y Director
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • , ~+lo,.•Hawaii 9l>720-4252
(808) 961-8288 • Fax (808) 961-8742
May 14, 2001
Mr. R. Ben Tsukazaki
Tsukazaki Yeh & Moore
8S W. Lanikaula Street
Hilo, HI 96720
Dear Mr. Tsukazaki:
Change of Zone Ordinance No. 00-06 (REZ 939)
Applicant: Kaupulehu Makai Venture
Annual Progress Report
TMK: 7-2-10: 1 a~ld Portions oft 8 9; and 7-~-1~• ~
Thank you for your letter dated January 22, 2001, transmitting the applicant's annual progress
report as required by Condition Y of the above-described ordinance. We apologize for the delay
in acknowledging your submittal.
Since the submittal of the annual progress report in January 2001, the applicant has complied
with additional conditions of approval. By letter dated May 3, 2001 to John C.H. Chung of Belt
Collins Hawaii, the applicant was notified of their compliance with Condition S with the
submittal of an approved Solid Waste Management Plan. By letter dated May 7, 2001 to you, we
informed you that the applicant has complied with Condition E with the recordation of a
restrictive covenant document for the 1 SO-foot wide open space along the Queen Kaahumanu
Highway.
By this letter, copies of your annual progress report will be provided to the County Council and
Planning Commission for their information. We look forward to the submittal of your next
annual progress report no later thank January 27, 2002. In the meantime, please contact Daryn
Arai of our West Hawaii Office should you have any questions.
Sincerely,
-CHRISTOPHER J. YUEN
Planning Director
Itef. To:
~1AY 1 ~ 2001
Mr. R. Ben Tsukazaki
May 14, 2001
Page 2
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P:lwpwin60\dsa12001 \LTsukazakiREZ939apr.doc
c w/ltr: County Council
Planning Commission
West Hawaii Office
Tsukazaki Yeh & Moore R. BEN TSL'KAZAKI
ATTORNEYS AT LAW rbt@lava.net
A Limited Liability Law Company THOMAS L.H. YEH
tly@lava.net
"1 ^ ^ ~%~`1 lj 2 5 MICHAEL W. MOORE
8~ Lanikaula S[reet Hilo, Hawaii 96720 ..,;1 ~ ~ ~ ' 1 mmoore@lava.net
Telephone: (808) 961-0055 FAX (808) 969-1531
January 22, 2001
Christopher J. Yuen
Planning Director
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Ordinance No. 00 6
Change of Zone Application (REZ 99-022)
Applicant: Kaupulehu Makai Venture
Kaupulehu, North Kona, Hawaii
Dear Mr. Yuen:
We submit herein the First Annual Progress Report on behalf of Kaupulehu Makai
Venture, which describes Petitioner's activities in compliance with various conditions
which are contained in Ordinance No. 00-6, which became effective on January 27, 2000.
Please contact me if you should have any questions regarding the above.
Very truly yours,
TSUKAZAKI YEH & MOORE
tee'
R. BEN TSUKAZAK
RBT:sr
Enclosure
xc: Kaupulehu Makai Venture
Belt Collins Hawaii
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_
~il~sT ~NNIJAL, PROGRE~~ ~~P®~T
Hualalai resort
l~r®ject ®istrict ~rclinance No. 006
Each of the Conditions of Approval are presented below, followed by a
statement addressing compliance by the applicant.
A. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
Discussion: The applicant will comply with this requirement.
B. fihis project area shall be called the Hualalai Resort Project District. The
development period for the Hualalai Resort Project District will be 20 years from the
effective date of approval of the Project District Ordinance.
Discussion: The effective date of approval was January 27, 2000. The
applicant acknowledges that the development period will be twenty years from the
effective date of approval.
C. The Hualalai Resort Project District shall consist of not more than 279. 179 acres
for residential, commercial, golf course, golf clubhouse and open space and ancillary
related development. Any amendment to this acreage shall require an amendment to
the Hualalai Resort Project District Ordinance.
Discussion: The applicant acknowledges that the Hualalai Resort Project
District shall not exceed 279.179 acres unless the ordinance is subsequently amended.
D. The maximum number of residential units to be allowed within the Hualalai
Resort Project District shall be 612 units. Any increase in the number of units shall
require an amendment to the Hualalai Resort Project District Ordinance.
Discussion: The applicant acknowledges that the Hualalai Resort Project
District shall be limited to a maximum of 612 residential units unless the ordinance is
subsequently amended.
E. There shall be a 150-foot wide open space fronting Queen Ka'ahumanu
Highway. A copy of the metes and bounds, and proposed covenant(s) to be recorded in
the Bureau of Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval, Final Plan Approval, or
land alteration activities, whichever occurs first. The approved covenant(s) shall be
recorded in the Bureau of Conveyances prior to the issuance of Final Subdivision, Final
Plan Approval, or land alteration activities, whichever occurs first. A copy of the
recorded covenant(s) shall be provided to the Planning Department.
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Discussi®n: The applicant acknowledges the requirements of this condition.
The applicant has established a 150-foot wide open space easement along Queen
Ka'ahumanu Highway as part of the approved Plat Map (FP 2180). A subdivision
application for the Hualalai Resort Project District was submitted to the Planning
Department on September 21, 2000. The application identified the existing 150-foot
wide open space easement fronting the highway. The applicant was granted Tentative
Approval on December 13, 2000. It is anticipated that the required metes and bounds
and proposed covenants will be recorded at the Bureau of Conveyances within the next
12 months and that a copy shall be provided to the Planning Department shortly
thereafter.
F. The applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be developed
and maintained privately and that the County is not obligated to construct any public
facilities within the project area.
®iscussion: The applicant acknowledges the requirements of this condition.
Disclosures to all potential buyers shall be incorporated in the Project's CC&Rs.
G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance
No. 96-160 are to be allowed in the Hualalai Resort Project District within the 279. 179
acres for residential, commercial, golf course and ancillary related development:
1. Amusement and recreation facilities, indoor.
2. Art galleries, museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples and synagogues.
7. Day care centers.
8. Convenience stores.
9. Community buildings.
10. Display for products sold elsewhere.
11. Dwellings, single-family.
12. Dwellings, double-family or duplex.
13. Dwellings, multiple-family.
14. Farmers Market.
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 254-13 of the Zoning
Code.
18. Major outdoor amusement and recreation facilities.
19. Medical clinics.
20. Meeting facilities.
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21. Model homes.
22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
23. Offices.
24. Personal services.
25. Photography studios.
26. Public and private utility uses and structures.
27. Real estate sales offices.
28. Restaurants.
29. Retail establishments.
30.- Schools.
31. Security gates and security stations.
32. Spa and Fitness clubs.
33. Telecommunication antennas and towers as permitted under Section
25-4-12 of the Zoning Code.
34. Theaters.
35. Time share units, including units with fractional ownership and short term
rental units.
36. Utility substations, wastewater treatment plants, landscaping and plant
nurseries, and vehicle maintenance service yards.
37. Visitor information center.
38. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the applicant and approved by the Planning
Director.
39. buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
®iscussion: The applicant acknowledges the requirements of this condition and
will limit development to the permitted uses identified herein.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
2. The minimum building site area shall be 7,500 square feet which may
include flag lots.
3. The maximum allowable height limit for Single Family Residential units
shall be thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residential and
Commercial developments shall be 45 feet.
5. The minimum average lot widths shall be determined by the applicant in
conjunction with its development plans.
6. The minimum yards in the Hualatai Resort Project District shall be as
follows:
a. Single Family Residential Development
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(1) Front and rear yards, fifteen feet; and
(2) Side yards, eight feet.
b. Commercial Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is
a residential development site, when the side yard adjoins
the side yard of a residential development site, there shall be
a minimum side yard of eight feet.
7. Exceptions to the regulations for the f-lualalai Resort Project District
regarding heights, building site areas, and yards, may be approved by the
Director within a planned unit development, or cluster plan development.
8. The minimum off-street parking and loading space requirements for the
Hualalai Resort Project District will comply with the minimum standards as
required by the Zoning Code, including compliance with the American
Disabilities Act (ADA) requirements.
®iscussion: The applicant acknowledges the requirements of this condition will
comply with the design standards identified herein.
I. Final Subdivision or Final Plan Approval, whichever is applicable, shall be
secured from the Planning Director for any of the above uses prior to the issuance of
any land alteration permits for any residential or commercial development in the
Hualalai Resort Project District.
®iscussion: The applicant shall comply with this condition. As discussed
above, Tentative Approval of the project district subdivision was granted on December
13, 2000.
J. Construction of the residential units, commercial development, golf course and
other related improvements shall commence only after Final Subdivision Approval or
Final Plan Approval has been secured from the Planning Director.
Discussion: The applicant shall comply with this condition. The applicant
applied for Final Plan Approval of the golf course in September of 2000 and received
Final Plan Approval on October 30, 2000.
K. The actual development of the water source and its water transmission and
distribution system shall be developed in conjunction with the subdivision approval
process. Final inspection to the residential and commercial structures shall not be
issued until the approved water source is developed and its transmission and
distribution system for such source to the subject property has been constructed.
Residential building permits may be issued for model home complexes, provided that
such model homes will not be used for residential purposes until the approved water
source is developed.
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®iscussion: The applicant shall comply with this condition. The water source
for the project has been developed and transmission lines have been installed, pursuant
to a water resource management plan approved by the Department of Water Supply in
1995. Permit applications for additional transmission lines will be submitted within the
next twelve months.
t_. The interior roadway requirements for the Hualalai Resort Project District shall be
designed to resort standards as allowed by the Subdivision Code.
®iscussion: The applicant has developed and shall continue to develop its
interior roadway system to resort standards as allowed by the Subdivision Code. The
Department of Public Works has agreed in concept to the road standards that have
been proposed for the Hualalai Resort Project District. Certain variations from the
standards for the existing interior roadways have been approved through the
Planned-Unit-Development process.
M. Access(es) to the project site shall meet with the approval of the Departments of
Transportation-Highways Division and Public Works as follows:
1. A traffic monitoring program at the intersection of Queen Ka'ahumanu
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
accelerationldeceleration lanes are required as determined by the findings
of subsequent monitoring and analysis, the applicant shall provide the
improvements in conformance with the requirements of the State
Department of Transportation, Highways Division.
®iscussion: Design of the fully channelized intersection at Queen Ka'ahumanu
Highway was approved the by the State Department of Transportation by letter dated
March 30, 1994. A traffic monitoring plan for the intersection was subsequently
submitted to and approved by the State DOT. The fully channelized intersection was
constructed in 1995.
2. All internal roadways within the proposed development may be
constructed in accordance with the Resort Standards or other applicable
provisions of the Zoning Code and the Subdivision Code.
®iscussion: See discussion under Condition "L" above.
3. A roadway connection to the adjacent property along the southwestern
boundary shall be provided meeting with the approval of the Department
of Public Works.
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Discussion: A roadway connection to the adjacent property along the
southwestern boundary is shown on the approved plat map (File Plan 2180).
4. No lots shall have direct access from the Queen Ka'ahumanu Highway
except through an access point approved by the State Department of
Transportation.
®iscussion: The applicant will comply with this requirement.
N. A detailed drainage study, if required, shall be prepared by the applicant for
review and approval by the Department of Public Works prior to submittal of plans for
Subdivision and/or Plan Approval review of the residential and golf courses
subdivisions. The study shall take into consideration the the drainage system, retention
basins and `reduced turf' design which may be incorporated into the golf course. A
drainage system for each phase of development in the project area shall be installed
meeting with the approval of the Department of Pu61ic Works, prior to issuance of Final
Subdivision Approval, a Certificate of Occupancy or golf course opening, whichever
occurs first.
®iscussion: A drainage plan was submitted to the Department of Public Works
as part of a golf course grading permit application on or about August 11, 2000.
0. A Solid Waste Management Plan shall be prepared and submitted for approval to
the Department of Public Works prior to submitting plans for subdivision approval.
Approved recommendations and mitigation measures shall be implemented in a manner
meeting with the approval of the Department of Public Works.
Discussion: The applicant will comply with this condition. A Solid Waste
Management Plan was submitted to the Department of Public Works on December 28,
2000.
P. A wastewater treatment system shall be constructed to service the residential
and commercial developments meeting with the approval of the Department of Health.
Discussion:- The applicant will comply with this condition. The resort's existing
wastewater treatment plant will service the development proposed within the Hualalai
Resort Project District.
Q. An Emergency Preparedness and Response Plan shall be submitted for review
by the Planning Department in consultation with the Fire Department and the Civil
Defense Agency prior to the issuance of a Certificate of Occupancy for any residential
unit. The plan shall be limited to a review of the emergency roadway network and
emergency contact people or association.
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®iscussion: The Hawaii County Civil Defense Agency approved the Hualalai
Resort Emergency Plan on September 23, 1999.
R. The applicant shall comply and implement the Final Comprehensive Public
Access Plan approved by the Planning Department.
®iscussion: The applicant will comply with this condition. On November 14,
2000, the applicant submitted proposed amendments to the Public Access Plan.
S. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code, relating to Affordable Housing Policy. This requirement
shall be approved by the County Housing Agency prior to Final Subdivision approval of
any portion of the residential area.
®iscussion: The County of Hawaii, through the Hawaii County Housing Agency,
approved the Affordable Housing Plan for Hualalai Resort on June 1, 1998.
T. An archaeological mitigation and interpretation plan shall be prepared and
submitted, with comments from Hawaiian community organizations, for approval by the
Planning Director and the Department of Land and Natural Resources-Historic
Preservation Division prior to submitting plans for subdivision review. The Plan shall
consist of three subplans: (1) an archaeological data recovery plan for the sites to
undergo data recovery, (2) a detailed interim protectiorilpreservation 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 this issuance of any land
alterations permits for each phase of development within the project area.
®iscussion: On August 3, 1999, the Historic Preservation Division of the State
Department of Land and Natural Resources approved the Archaeological Mitigation and
Interpretation Plan for Hualalai Resort.
U. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of Land and
Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it is found that sufficient mitigative measures have been taken.
®iscussion: The applicant will comply with this condition.
V. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included herein
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shall be credited towards the requirements of the Unified Impact Fees Ordinance.
®iscussion: The applicant will comply with this condition.
W. The applicant will comply with all other applicable requirements of the Land Use
Commission conditions of approval and a copy of the written documentation of
compliance with these conditions shall also be submitted to the Planning Director.
®iscussion:
X. Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the subject property.
Discussion: The applicant will comply with this condition.
Y. An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this Project District Ordinance. The report shall
address in detail the status of the development, the number of units constructed, sold
and occupied 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
Director acknowledges that further reports are not required.
®iscussion: The information contained herein constitutes the First Annual
Report for the Hualalai Resort Project District. To summarize its contents, during the
past year the applicant has been granted a tentative subdivision approval for the project
and has obtained a golf course grading permit to the Department of Public Works for
review and approval. Various other plans and documents have been submitted to the
County in compliance with the conditions of Change of done Ordinance 00-6. New
residential units allowed pursuant to the Hualalai Resort Project District have not been
constructed, sold, and occupied as of the date of this report.
Z. Twenty (20) years from the effective date of the Hualalai Resort Project District
Ordinance, the applicant shall submit a Detailed Status Report of the Project, including
the number of units completed and other related construction development. This
Detailed Status Report shall be submitted to the Planning Department for transmittal to
the Planning Commission for their review and recommendation and then forwarded to
the County Council for their review and action.
®iscussion: The applicant will comply with this condition.
AA. An initial 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
s
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 honing Code.
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the Project District.
(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).
(5) If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Discussion: The applicant acknowledges the terms of this condition.
138. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or more
appropriate designation.
Discussi®n: The applicant acknowledges the terms of this condition.
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