HomeMy WebLinkAboutCOM 0268.000 2000-2002 J~SYfoF N4`y
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Mnyor Director
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
July 10, 2001
Mr. Gregory R. Mooers
President
Mooers Enterprises, LLC
P.O. Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
Change of Zone Ordinance No. 94-20 (REZ 759)
Applicant: Nansay Hawaii, Inc.
Subject: Annual Progress Report
TMK: 6-2-01: 18 74 & 75. Ouli South Kohala Hawaii
Thank you for your letter dated February 26, 2001, transmitting an annual progress report as
required by Condition U of the above-described ordinance. We apologize for the delay in
responding to your submittal. This letter will also confirm your June 21, 2001 meeting with
Daryn Arai of our West Hawaii Office regarding the details of your report.
We appreciate the thoroughness of your report as it details the landowner's (Hale Wailani
Partners, LP) compliance with the conditions of approval. Based on our review of your report
and your meeting with Mr. Arai, we have the following comments to offer:
1. Condition C specifies that the effective date of rezoning of the subject property shall be
when satisfactory assurances have been provided to the Department of Water Supply
(DWS) that a water source(s) of sufficient quality and quantity has been established and
that an agreement and surety is effectuated to assure its development. The DWS has
issued the landowner 49 units of water in 1998, which now supports the pending
subdivision of the subject property into forty-nine (49) 2-acre parcels
(Subdivision No. 99-22). While we find that the landowner has met the performance
timeframe for this particular condition, further subdivision of the subject property for the
balance of the 225-lot project will be permitted only upon providing DWS with assurance
of a satisfactory water source(s) with a related agreement and surety for its development
that will support the balance of the 225-lot development.
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Mr. Gregory R. Mooers
July 10, 2001
Page 2
2. Regarding Condition F, the archaeological preservation plan has been approved by the
DLNR. The burial treatment plan is still pending review with the DLNR.
3. Regarding Condition H, there are presently no affordable housing requirements placed
upon this proposed 225-parcel development. This was confirmed in a July 10, 2001
telephone conversation with Mr. Edwin Taira of the Office of Housing and Community
Development.
4. With the submittal of a solid waste management plan in February 2001, Condition N is
considered satisified.
5. Condition Q requires the landowner to provide its fair share contribution to address
regional impacts of the project upon fire, police, solid waste facilities and roads. Use
Permit No. 82, which permitted an 18-hole golf course and related improvements within
the subject property, contained a requirement fora "community benefit assessment" that
was satisfied with the donation of a medivac helicopter to the County and a monetary
donation to the North Hawaii Community Hospital. We think it is premature to request
that these community benefits be credited to the landowner's fair share obligations while
Use Permit No. 82 remains valid. Based on your representation that the current
landowner does not intend to build the golf course, we will initiate procedures to
nullify Use Permit No. 82. While we have no objection to ultimately crediting these
donations, we feel that further discussions are needed to define how and to whom these
credits will be applied.
6. Please submit a letter to this office formally introducing the new landowner and
authorizing this office to update our records and files regarding the subject property.
Please include the landowner's mailing address, phone number and contact
person/authorized representative.
Thank you for your attention to these matters. Copies of your report will be transmitted to the
Planning Commission and County Council for their information. Please contact this office
should you have any questions.
Sincerely,
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CHRISTOPER J. YUEN
' Planning Director
Mr. Gregory R. Mooers
July 10, 2001
Page 3
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c:w/ltr: County Council
Planning Commission
West Hawaii Office
Subd No. 99-22
Mr. Edwin Taira-OHCD
MO®~RS SN'TI~RPI~ISI~S, L,L.C
P.O. Box 1 1 O 1
KAMUELA, 0°°fAWAII J6743
February 26, 2001 ` ~~z'
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Mr. Christopher Yuen
Director
Planning Department
County of Hawaii
25 Aupuni Street
Hiio, 1=iawaii 96720
Re: Zoning Ordinance 94-20
TMK: 6-2-01:18,74&75
Annual Report
Dear Mr. Yuen:
I am an agent for Hale Wailani Partners, LP, the new owner of the subject property identified
above. Pursuant to ordinance number 94-20 I hereby am submitting the annual report in
satisfaction of condition "U". I will review the status of compliance with each of the conditions
of Approval.
(A) the applicant, its successors or assigns be responsible for complying with all of the stated
conditions of approval;
We will comply with all stated conditions of approval.
(B) the applicant shall indemnify and hold the County of Hawaii harmless from and against
any lose, liabi?%tt; claim or demand for the property damage, personal ijziury or death
arising out of any act or omission of the applicant, its successors or assigns, officers,
employees, contractors and agents under this ordinance or relating to or connected with
the granting of this ordinance;
We will comply with this condition.
C) the effective date of the rezoning, except as otherwise conditioned in the following
subsections, shall be (1) when the applicant provides assurances satisfactory to the
Departments of Water Supply and Planning, upon consultation with the State Department
of Health and the Department of Land and Natural Resources, that a water source (s) of
sufficient quality and quantity has (have) been established within two years from the
enactment of this ordinance; provided that a maximum one
year extension may be
PHONE: (808) 885-6839
FAX: (808) 885-1 574 ~ ,
EMAIL: GMOOERS@ATTGLOBAL.NET
Mr. Christopher Yuen
February 26, 2001
Page Two
granted by the Planning Director with reasonable and sufficient justification; and (2)
an agreement, together with the appropriate bond, surety or other security deemed
acceptable by the Planning Director, is executed between the applicant and the County
through its Departments of Water Supply and Planning for the actual development of
a proven source and its water transmission and distribution system within one year for
the official date of compliance with condition C (1); provided that a one
year extension
may be granted by the Planning Director with reasonable and sufficient justification;
The previous owner of this property never completed the potable water wells as
previously anticipated. My client has contacted the Depai
~ment of Water Supply and on
June 24, 1998 was notified that 49 units of water could be made available to the subject
property. The owner is now in negotiation with the Department of Water Supply for the
use of the well sites located on the property. We believe that since the Department of
Water Supply notified us that water is available to the project on June 24, 1998, that this
should be considered the effective date of the zoning per this condition.
(D) the plans for the proposed subdivision shall be submitted to the Planning Director
within three (3) years from the effective date of the rezoning. The proposed
subdivision shall not exceed a maximum limit of 225 one acre sized lots. Upon
granting Final Subdivision Approval of these lots, the Planning Director may
initiate an amendment to the zoning of the golf course into a more appropriate
zoning classification;
The owner submitted a subdivision application February 4, 1999 and received Tentative
Subdivision Approval April 13, 1999. We are in the process of complying with these
conditions of approval.
(E) a detailed Historic Preservation Plan shall be submitted to be reviewed and
approved by tl~e Planning Department, =n cons~_*ltatiet! with the ,State Department
of Land and Natural Resources-Historic Preservation Division, prior to submitting
plans for subdivision review. This Plan shall consist of a detailed archaeological
data recovery plan (scope of work with research design) and a detailed preservation
plan. The Planning Department and the State of Hawaii's Historic Preservation
Division shall verify in writing the successful execution of the plan, prior to land
altering activities in the area of historic sites. Proposed mitigation treatment
(preservation in place or disinterment /reinterment) for burial sites must be
approved by the Historic Preservation Division's Hawaii Island Burial Council
before detailed mitigation plans are finalized for these sites:
Mr. Christopher Yuen
February 26, 2001
Page Three
We have completed the archaeological survey and it has been submitted to DLNR-Historic
Preservation Division for their review. We received approval from State Historic
Preservation for the Preservation Plan on January 18, 2001. We have appeared before the
Burial Council and have submitted a revised Burial Treatment Plan in November of 2000.
(F) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, paving, or walks be
encountered, work in the immediate area shall cease and the Planning Department
shall be imme=liately notified Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it finds that
sufficient mitigative measures have been taken;
We will comply with this condition while constructing the project.
(G) access to the property from Kawaihae Road shall meet with the approval of the
Department of Transportation, Highways Division and the interior roadways shall
comply with the roadway standards of the Department of Public Gvorks;
We have engineered the necessary improvements and the agencies have signed the
construction drawings to indicate their concurrence that we have complied with this
condition. Your office certified the construction tracings on January 18, 2000.
(H) to ensure the Goals and Policies of the Dousing Element of the General Plan are
implemented, the applicant shall secure the concurrence of the County Dousing
Agency, upon the recommendation of the Office of Housing and Community
Development, that the applicant's affordable housing requirements, if any, have
been agreed to prior to the issuance of Final Subdivision Approval;
Nansay l:iawaii, t'r,e prey 'sous o .vne_~, worker? wit'f th,~ Cou;~t-y Housi::g gency to provide
affordable housing at Ouli Ekahi and provided additional land for the on-going self-help
housing project. We are contacting OHCD to determine what arrangement was made
related to housing credits and to whom those credits now belong. We believe the
contributions related to the Ouli Ekahi project and the on-going self-help project
adequately address the requirements of this condition.
(I) as represented by the applicant, restrictive covenants in the deeds of all the
proposed lots shall prohibit the construction of a second dwelling unit on each lot.
A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances
shall be submitted to the Planning Department for review and approval prior to
final subdivision approval. A copy of the approved covenant shall be recited in an
Conveyances likewise prior to final subdivision approval;
Mr. Christopher Yuen
February 26, 2001
Page Four
We will comply with this condition at the time that lots are created. The covenant will be
submitted to the Planning Department for review and approval prior to final subdivision
approval.
(J) an overall landscaping master plan, which includes landscaping along Kawaihae
Road and a program for the maintenance of the landscaping master plan, shall be
submitted to the Planning Director for review and approval, in consultation with
the Chief Engineer prior to the issuance of
final subdivision approval and/or final
plan approv::al. whichever occurs first,
We propose xeriscape landscaping to minimize the use of irrigation water in this arid area.
This would allow the project to blend with the existing native vegetation and minimize the
visual impact of the development. We suggest two exceptions to this policy. The first is a
entry feature landscaping plan that may be integrated with a planting along the primary
roadway. The second could possibly be the establishment of a landscape buffer and
windbreak along the mauka boundary with the affordable housing projects. We will
submit these plans for review prior to plan approval as required by this condition.
(K) The applicant shall consider installation of bike lanes throughout the project as a
means of addressing pedestrian and bicyclist safety;
Given the rural nature of this subdivision and the wide grass and paved swales in the
adjoining subdivisions of Anekona and Kanehoa, we believe the most appropriate
treatment of the roadways is to continue with a swale roadside. The low volume of
interior roadway traffic and the 50' right-of--way provide the requested safety for the
pedestrians and bicyclists.
(L) to ensure the Goals and Policies of the Recreation Element of the General Plan are
implemented, the applicar.-t shall forma late a ~°ecreational pl:xn to address the
impacts of the project for review and approval by the Planning Department, in
consultation with the Department of Parks and Recreation prior to submitting
plans for subdivision of any portion of the subject property. The recreational plan
shall be consistent with Chapter 8 Article 1, Park Dedication Codes The
implementation of the Recreational Plan shall be completed in conjunction with
each phase of development of the subject property;
The County typically has not imposed this condition on agricultural lots with the thought
being that residents on large lots normally have adequate space for their children to
recreate on their own property. The owner may consider providing acreage adjacent to the
Mr. Christopher Yuen
February 26, 2001
Page Five
higher density Ouli Ekahi project or the self-help project for recreational purposes. In lieu
of improvements the Council has recently been imposing a impact related fee. We believe
the community contributions made in conjunction with this project should be considered
when evaluating this condition per condition "Q" of this ordinance.
(M) a drainage system shall be installed meeting with the approval of the Department
of Public Works;
The owner will comply with all conditions placed on the project by the Department of
Public Works as related to drainage.
(N) that a Solid Waste Management Plan meeting with the approval of the Department
of Public Works shall be submitted prior to Final Subdivision Approval of the
proposed development;
This plan has been submitted to Public Works for their review and approval.
(O) the applicant shall construct all on site and off site sewer improvements required
by the Department of Public Works and the State Department of Health;
We have had meetings with the Department of Health and will comply with their
regulations when constructing this subdivision.
(P) In lieu of actual construction of improvements as required in Conditions G. L and
N, the applicant may enter into an agreement with the Planning Department to
assure the County that the infrastructural improvements will be constructed by way
of a development agreement, surety bond, certifted check or other security
acceptable to Corporation Counsel and the Planning Department. ~'pon~nal
execution of such agreement and/or fling of the security with the County, Final
Subdivision approval for the proposed development nay be granted prior to the
actual construction of required infrastructural improvements;
We will make a determination related to the timing of improvements and the possible use
of bonding at the time we request final subdivision approval.
(Q) the applicant shall provide its fair share contribution to address regional impacts
of the project with respect of
fre. police, solid waste disposal facilities, and roads.
The fair share contribution shall be initially based on the representations contained
within the change of zone application and may be increased or reduced proportionally
if dwelling unit counts are adjusted The fair share contributions described below
Mr. Christopher Yuen
February 26, 2001
Page Six
shall be adjusted annually based on the percentage change in the Honolulu
Consumer Price Index (HOPI). A pro rata portion of the contribution,
based upon the density shall become due and/or payable, at the discretion of the
County in the event the applicant conveys an ownership, leasehold, or controlling
development interest in the affected land prior to receiving its initial subdivision
approval of the proposed development. Otherwise, said contribution shall be
satisfied in conjunction with the receipt of
final subdivision approval as the case
may be, of the proposed development. The fair share contribution for each
residential unit shall be based on the maximum density for each lot as determined
by the zonirg resulteng from .his change of zc~ne. he fair share contributions in a
form of cash, land, facilities, or any combination thereof shall have the following
maximum value: (1) $71, 096 for fire protective services; (2) $35, 996 for police
protective services; (3) $662, 985 to support state and county road and traffic
improvements within the South Kohala region; (9) $31,127 to support county solid
waste disposal functions within the West Hawaii region. In lieu of
paying the fair
share contribution, the applicant may construct such improvements/facilities
meeting with the approval of the appropriate agency. Any contributions required
by the ordinance that exceed the fair share requirement of this proposed
development shall, at the applicant's request be credited towards any of the
applicant's future developments that require infrastructural impact contributions;
All improvements required to improve the intersection referenced in condition
"J"(estimated to be $500,000) we believe should be credited to these amounts. In
addition a helicopter was donated by Nansay Hawaii as a community benefit assessment
for the Golf Course Use Permit. At this time this owner does not intend to build such a
course, we believe the $1,255,000 donation should be credited and more than adequately
addresses the impact-related fees associated with this condition.
R) should any infrastructure improvements related to Waimea-Kawaihae Road be
required of
future developers, the applicant, its successors OY assagfrs of the subject
property shall pay for their pro rata share of improvements, as determined by the
Planning Director. The pro rata share determination and implementation shall be
approved by the Planning Department in consultation with the Department of
Public Works and shall be credited to the applicant's state and county road and
traffic improvements as required under condition Q;
This condition verifies that we should receive impact related fee credit for the proposed
intersection improvements on Kawaihae Road. We will comply with the improvements
required by the Department of Transportation. See approved construction tracings.
(S) In the event that the ,4tate Department of Education adopts an educational
facilities impact fee program, the applicant shall participate;
Mr. Christopher Yuen
February 26, 2001
Page Seven
We are not aware of the county ever imposing such a fee. If a new policy that affects all
rezonings is established and universally enforced, we will also comply.
(T) comply with all applicable laws, rules, regulations and requirements, including
those of the Department of health, Fire, and the Department of Water Supply;
We will comply with all agency rules.
(li) an annual pragres~: report sl~afl be submitted to tr..e Planning I)irectar prior to the
anniversary date of the ordinance. The report shall include, but not he limited to,
the status of 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 required;
This letter serves to satisfy this condition.
(V) should the council adopt a Unified Impact Fee Ordinance setting forth criteria for
the imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance; and
We will comply with this condition should a Unified Impact Fee Ordinance be passed. We
understand that all requirements of this ordinance will be credited toward any amount that
may be imposed.
(W) 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 performancz is the result of conditions ibat 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
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 S)
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. 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.
Mr. Christopher Yuen
February 26, 2001
Page Eight
We believe that we are in compliance with this condition given the effective date of zoning
as proposed in "C". If you determine that there is a different effective date of zoning we
will request any extension that you deem appropriate.
Should you or your staff have any questions related to this annual report, please contact
me directly.
Sincerely,
Greg . Mooers
President
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