HomeMy WebLinkAboutCOM 0044.004 2000-2002 JNtv'gF
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Harry Kim
Mayor Director
PgpE of Mp'h' - ROy R. Takemot0
_ Deputy , rector
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PLANNING DEPAItT10ilENT ~ ; ,
25 Aupuni street Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
March 28, 2002
Mr. Gene Yong
Belt Collins Hawaii, LTD
680 Ala Moana Blvd., 1St Floor
Honolulu, HI 96813
Dear Mr. Yong:
Change of Zone Ordinance No. 01-06 (REZ 955)
Applicant: Liliuokalani Trust
Subject: Annual Progress Report
Tax M~ Key: 7-4-08:i~ortion of 1
Thank you for the annual progress report dated January 30, 2002 as required under
Condition AA of Change of Zone Ordinance No. 01-06. By copy of this letter we will
forward your report to the County Council and Planning Commission for their reference.
We look forward to the submittal of your next annual progress report on or before
January 25, 2003. In the meantime, please feel free to contact Eileen O'Hora-Weir or
Susan Gagorik of our office at 961-8288 should you have any questions.
Sincerel~a
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CHRISTOP~~R J. YUEN
Planning Director
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- . January 30, 2002
_ 445-0702
Mr. Christopher Yuen, Director
Planning Department ~ -
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 9672.0
Dear Mr. Yuen:
Annua! Pr®gress ttep®e•t
®rdinanc~ (~lurnb~s° ®1-Ca
i_1~ILJ~DiCalane Ti'tHSt
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Keahu®98,, N®rth iC®na, island ®f Hawaii
In accordance with Condition AA of Hawaii County Ordinance Number 01-6,
please find this. Annual Progress Report, which is submitted on behalf of Liliuokalani Trust.
The Report addresses the status of the development and compliance with the conditions of
approval.
Honolulu
Australia
Conditfoe~ (A). The applicant, successors or assigns, shall be responsible for complying Guam
with all of the stated conditions of approval. Hong Kong
Malaysia
Acknowledged. Fi,iiipp;nes
Seattle
Singapore
Cond®t®oe~ The applicant shall participate, on a fair share basis, in the funding and Thailand
construction of adequate water source, storage, and transmission facilities and
improvements to accommodate the proposed project as determined by the County of
Hawaii Department of Water Supply. Compliance with Condition B shall be satisfied
prior to the applicant's submittal of the required water commitment payment in Condition
C.
The Trust or its future developer will comply with this condition.
Cost!®tfoat (C). The required water commitment payment shall be submitted to the
Department of Water Supply in accordance with its "Water Commitment Guidelines
Policy."
The Trust or its future developer will comply with this condition.
Belt Collins Hawaii Ltd. ~ k~~
680 Ala Moana Boulevard, First Floor ¦ Honolulu, Hawaii 96813 USA ~
T/808 521 5361 ¦ F/808 538 7819 ¦ honolulu@beltcollins.com ¦ www.beltcollins.com
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 2
Condition (D). Final Subdivision Approval for the residential-commercial mixed use
subdivision development shall be secured within ten (70) years from the effective date of
this ordinance.
The Trust, or its future developer, will comply with this condition. Liliuokalani
Trust currently has not identified a developer for the site and is continuing to seek
potential development interests for the project area.
Condifion (E). The applicant shall participate, on a fair share basis, in the funding and
construction of local and regional transportation improvements and programs, including
dedication of rights-of--way as determined by the State Department of Transportation and
the County Department of Public Works prior to issuance of Final Subdivision Approval.
The Trust or its future developer will comply with this condition.
Condition (F). Based on a Traffic Impact Analysis Report (TZAR) conducted within one (1)
year of Final Subdivision Approval, the applicant shall provide al! roadway improvements
required by the State Department of Transportation and the County Department of Public
Works prior to the issuance of certificate of occupancy.
The Trust or its future developer will comply with this condition.
Condition (G). Future road widening setbacks shall be provided fronting the entire
property along Palani Road equal to half the difference between the existing right-of--way
and the proposed 80-foot right-of--way. The setback line shall be delineated on the
subdivision plans. Improvements within the future road widening setback area shall meet
with the approval of the Department of Public Works, and said area including any
required improvements shall be dedicated to the County of Hawaii upon its request at no
cosr to the County.
The Trust or its future developer will comply with this condition.
Condition (6-0). Access(es) and intersection roadway improvements to the subject property
from Palani Road shall be constructed meeting with the requirements and approval of the
Department of Public Works.
Acknowledged.
Condition (1). Provide aleft-turn lane on westbound Palani Road at all three proposed
project entrances with aleft-turn refuge lane for the commercial driveway and for one of
the residential driveways exiting the project.
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 3
Acknowledged.
Condition (J). Provide aright-turn/deceleration lane along Palani Road at all three
proposed project entrances and aright-turn lane on eastbound approach of Palani Road at
its intersection with Henry Street.
Acknowledged.
Condit®or~ f!C). All roadways within the proposed residential-commercial mixed use
development s-hall be constructed meeting with the requirements of Chapter 23,
Subdivision Code. Roadway improvements to be dedicated to the- County within the
proposed subdivision shall include curb, gutter and sidewalks.
Acknowledged.
Condifior~ (L). Install street lights, signs and markings meeting with the approval of the
Department of Public Works, Traffic Division.
Acknowledged.
Condition (l6~). The applicant shall fund, on a fair share basis, the design and construction
of drainage improvements required as a result of the development and meeting with the
approval of the County Department of Public Works. A drainage study of the subject
property, if required, shall be prepared for review and approval by the Department of
Public Works, prior to submittal of plans for subdivision review. Drainage improvements,
if required, shall be constructed or bonded meeting with the approval of the Department
of Public Works prior to the issuance of Final Subdivision Approval.
The Trust or its future developer will comply with this condition.
Condition (I01). The applicant shall submit a Solid Waste Management Plan for- the
Development to the Department of Public Works for its review and approval. A copy of
the approved Plan shall be submitted to the Planning Department prior to the issuance of
Final Plan Approval.
The Trust or its future developer will comply with this condition.
Condition (Q). The applicant shall submit an Archaeological Data Recovery Plan for the
five significant historic sites on the subject property to the State Department of Land and
Natural Resources-State Historic Preservation Division (DLNR-SHPD) for its review and
_
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 4
approval. The applicant shall submit a copy of the approved Final Archaeological Data
Recovery Plan, as well as written verification from DLNR-SHPD that the plan has been
successfully executed, to the Planning Director for the Department's files prior to
submitting plans for Final Subdivision Approval and/or prior to any approval for any land
alteration permits.
The Trust or its future developer will comply with this condition.
Condition (P). Should any previously unidentified burials, archaeological or historic sites
such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms,
pavings or walls be found, the applicant shall stop work in the immediate vicinity and the
Department of Land and Natural Resources-State Historic Preservation Division (DLNR-
SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-SHPD when it finds that mitigative measures
have been implemented to its satisfaction.
The Trust or its future developer will comply with this condition.
Condition (Q). To ensure that the Goals and Policies of the Housing Element of the
Genera! Plan are implemented, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawaii County Code related to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to Final Subdivision
Approval or the issuance of building permits, whichever is applicable.
Acknowledged.
Condition (R). The applicant shall contribute to the development, funding and/or
construction of school facilities, on a fair share basis, as determined by and to the
satisfaction of the Department of Education (DOE). A fully executed written agreement
setting forth the contribution and timing of contributions shall be agreed upon by the
applicant and the DOE prior to Final Subdivision Approval or the issuance of building
permits, whichever is applicable.
Acknowledged.
Condition (S). The applicant shall participate in the funding and construction of adequate
wastewater transmission and disposal facilities, on a fair share basis, as determined by the
County of Hawaii Department of Public Works and the State Department of Health prior
to Final Subdivision Approval or the issuance of building permits, whichever is applicable.
Acknowledged.
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 5
Conditi®n (T). The applicant shall, on a fair share basis, fund and construct adequate civil
defense measures as determined by the County and State Civil Defense agencies prior to
Final Subdivision Approval or the issuance of building permits, whichever is applicable.
Acknowledged.
Corad®tioea (tl). The applicant shall make its fair share contribution to mitigate potential
regional impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share contribution shall
be the sum which is the product of multiplying the number of residential lots ~aroposed to
be subdivided by the amounts allocated hereinbelow for each such lot, and shad/ become
due and payable prior to final subdivision approval for any portion of the subject property
or its increments. !f the subject property is subdivided in two or more increments, the
amount of the fair share contribution due and payable prior to final subdivision approval
of each increment shall be a sum- calculated in the same manner according to the number
of proposed residential lots in each such increment. The fair share contribution, in a form
of cash, land, facilities or any combination thereof, acceptable to the director in
consultation with the affected agencies, shall be determined by the County Council. The
fair share contribution shall have a maximum combined value of $7,876.2.0 per single-
family residential unit. Based upon the applicant's representation of intent to develop up
to two hundred fifty (250) residential units, the indicated total of fair share contribution is
$1,969,050 for single-family residential units. However, the total amount shall be
increased or reduced in proportion with the actual number of units according to the
calculation and payment provisions set forth in this Condition U. The fair share
contribution shall be allocated as follows:
1. $3,798.04 per single-famil y residential unit for an indicated total of $949,510.00 to
the County to support park and recreational improvements and facilities;
2. $183.2 per single-family residential unit for an indicated total of $45,805.00 to
the County to support police facilities;
3. $361.88 per single-family residential unit for an indicated total of $90,470.00 to
the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of $39,607.50 to
the County to support solid waste facilities; and
5. $3,374.63 per single-family residential unit for an indicated total of $843, 657.50 to
the State or County to support road and traffic improvements.
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 6
The fair share contributions described above shall be adjusted annually beginning three
years after the effective date of the change of zone, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the
applicant may construct and contribute improvements/facilities related to parks and
recreation, fire, police, solid waste disposal facilities, and roads within the region
impacted by the proposed development, subject to the approval of the director. The cost
of providing and constructing the improvements required in Conditions E, F, G, H, 1, J, K
and L shall be credited against the sum specified in Condition U (S) for road and traffic
improvements. For purposes of administering Condition U, the fair market value of land
contributed or the cost of any improvements required or made in lieu of the fair share
contribution shall be subject to review and approval of the director, upon consultation
with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the director, the
director shall submit a final report to the Council for its information that identifies the
specific approved fair share and/or in lieu contributions, as allocated, and further
implementation requirements.
The Trust or its future developer will comply with this condition.
Condition (V). Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for the imposition of exactions or the assessments of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
Acknowledged.
Condition (W). In lieu of actual construction of infrastructure improvements as
conditioned above, the applicant may enter into an agreement with the Planning Director
and the Department of Public Works and the Department of Water Supply, if applicable,
to assure the County that the infrastructure improvements will be constructed together
with the appropriate bond, surety or other security deemed acceptable to the Planning
Director and the Corporation Counsel. Upon execution of such agreement and/or filing of
the security with the County, if applicable, Final Subdivision Approval for the subject
property or portions thereof may be granted prior to the actual construction of required
infrastructure improvements unless otherwise restricted herein. A certificate of occupancy
shall not be issued until the infrastructure improvements have been constructed.
Acknowledged.
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 7
Condition (X). The applicant shall notify all prospective buyers of the property of the
potential odor, noise and dust pollution associated with surrounding- Agricultural District
lands.
Acknowledged.
Conddtion (Y). Applicant shall notify all prospective buyers of the property that the
Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limit the circumstances
under which pre-existing farm activities maybe deemed a nuisance.
Acknowledged.
Coeadit®on (Z). Comply with all applicable laws, rules, regulations and requirements of
other affected agencies for approval of the proposed development within the subject
property.
Acknowledged.
Condption (~1,4). An annual progress report shall be submitted to the Planning Director
prior to the anniversary date of the approval of the ordinance. The repart 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 acknowledges
that further reports are not required,
Acknowledged. The next annual report will be due )anuary 25, 2003.
Cored®teon 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 foreseen
or are beyond the control of the applicant, its 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.
Mr. Christopher Yuen
January 30, 2002 - 02A-047
Page 8
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).
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.
Acknowledged. No extension is necessary at this time.
Condition (CC). 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.
Acknowledged.
If you have any questions or comments, please do not hesitate to contact either Jim
Bel I or myself at (808) 521-5361.
Sincerely yours,
BELT COLLINS HAWAII LTD.
~ .
Gene Yong
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cc: Frank )ahrling