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HomeMy WebLinkAboutCOM 0589.000 2000-2002 JNSY'OF ~QQg. 6~ ~ ~ q4 \~alrlii,;, r' ~ Christopher Yuen i-Tarry Kim • • c Mayor Director gTE•OF~w?''~' Roy R. Talceanoto Deputy Drreefor PLANNING DEPAIZT1i~IENT 25 Aupuni Sree#, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax(808)961-8742 c.: ' ~ A ril 1, 2002 R' p ~ _ i~s f. 1.' . ~.,~A Mr. R. Ben Tsukazaki Tsukazaki Yeh & Moore 85 W. Lanilcaula Street Hilo, HI 96720 r.,, Dear Mr. Tsukazaki: Change of Zone Ordinance No. 00-06 (IZEZ 939) Applicant: Kaaapulehu l0~Iakai Venture Subject: Annual Progress Report Tax Map Ivey: 7-2-10:1 por. 2, S & 9:~7-2-12:2 Thank you for the annual progress report dated January 28, 2002 as required under Condition Y of Change of Zone Ordinance No. 00-06. 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 27, 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. Sincerely, , CHRISTOPHER J. YUEN Planning Director EOW:pak p:\wpwin60\ei leers\letterslLKaupulehuRez939 xc w/report: Hawaii County Council Planning Commission Planning Department -Kona Co>Ir~rrrCe ;et®a fio• lsukazaki Yeh & Moore R. BEN TSL`KAZAKI ATTORNEYS AT LAW rbt@lav. A '.invited Liability Law Company THOMAS L.H. YEH tly@lavt 85 W. Lanikaula Street Hilo, Hawaii 96720 MICHAEL W. MOORS Telephone: (808) 961-0055 FAX (808) 969-1531 mmoore@lava rj . , »r January 28, 2002 ~ ; Christopher J. Yuen, Planning Director County of Hawaii 25 Aupuni Street, Room 109 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 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 & MOORS, A Limited Liability Law Company R. BEN TSUKAZAKI RBTar Enclosure xc: Kaupulehu Makai Venture Belt Collins .Hawaii Hulalai Resort Proiect District Ordinance 00-6 -Conditions of Approval 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. This 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 1 SO foot wide open space fronting Queen Ka 'ahumanu Hightivay. A copy of the metes and bounds, and proposed covenant(s) to be recorded 1 January 22, 2002 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. Discussion: The applicant acknowledges the requirements of this condition. The. applicant has established a 1 SO-foot wide open space easement along Queen Ka'ahumanu I-Jghway 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 identifed the existing 150-foot wide open space easement fronting the highway. The applicant was granted Tentative Approval on December 13, 2000. Final Subdivision Approval was granted on May 4, 2001. The plan was recorded at the Bureau of Conveyances as File Plan 2300 on July 30, 2001. 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. Discussion: The applicant acknowledges the requirements of this condition. Disclosures to all potential buyers shall be incorporated in the 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. S. Business services. 6. Churches, temples and synagogues. 2 -2- January 22, 2002 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. 1 S. 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. 21. Model homes. 22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. 23. Offices. 24. Personal services. 2S. 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. 3 -3- January 22, 2002 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. Discussion: 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 Departmentis 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 4S feet. S. The minimum average lot widths shall be determined by the applicant in conjunction with its development plans. 6. The minimum yards in the Hualalai Resort Project District shall be as follows: a. Single Family Residential Development (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 Hualalai 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 4 -4- January 22, 2002 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. Discussion: 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. Discussion: The applicant shall comply with this condition. As discussed above, Final Subdivision Approval was granted on May 4, 2001. 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. Discussion: 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. A Conservation District Use Permit for additional transmission lines was approved by the hoard of Land and Natural Resources on September 27, 5 _5- January 22, 2002 2001. L. The interior roadway requirements for the Hualalai Resort Project District shall be designed to resort standards as allowed by the Subdivision Code. 1?iscussi®n: 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 I~aahumanu 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 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. Discussion: Design of the fully channelized intersection at Queen Kaahumanu 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 intersectson 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. Discussion: See discussion under Condition "L" above. 6 -6- January 22, 2002 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. 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 Kaahumanu Highway except through an access point approved by the State Department of Transportation. Discussion: 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 file drainage system, retention basins and deduced 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 Public Works, prior to issuance of Final Subdivision Approval, a Certificate of Occupancy or golf course opening, whichever occurs first. Discussion: 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 P. A wastewater treatment system shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health. I)iscussi®n: 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. Dascussi®a~: 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. Discnssi®r~: The applicant will comply with this condition. fin. November 14, 2000, the applicant submitted proposed amendments to the Public Access Plan. The amendments were approved by the Planning Director on December 2001. S. To ensure that the Goads 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. Discussion:- The County of Hawaii, through the Hawaii County housing Agency, approved the Affordable Housing Plan for Hualalai Resort on dune 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 P p -O- shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protectionlpreservation 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. Discussion: 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. Discussion: 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. Discussion: 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. Discussion: The applicant will comply with this condition. X. Comply with all other applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. P -9- _ _ 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. Discussion: The information contained herein constitutes the Second Annual Report for the Hualalai Resort Project District. To summarize its contents, during the past year the applicant has been granted a Final. Subdivision Approval for the project and has submitted 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 Zone Ordinance 00-6. 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. Discussion: 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 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 Zoning Code. (3) Granting of the time extension would not be contrary to the original P. -10- 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). (S) If the applicant should require an additional extension of time, the Planning Department shall submit the applicantis request to the County Council for appropriate action. Discussion: The applicant acknowledges the terms of this condition. BB. 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. Discussion: The applicant acknowledges the terms of this condition. P. -11-