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HomeMy WebLinkAboutCOM 0268.001 2000-2002 J~tvoF H9!a- O _ q • O \~'~~lio Harry Kim Christopher J. Yuen Moyor '=m>~-= Director `"`-„a P, _ Roy R. TakeHnoto qtf OF'N P~ ` U L r' ~ --1 / I I ~ ; ! ~ ! ii`1 ) ~ ~ Deputy Director f f ~ _i PLANNING DEPARTMENT 25 Aupvxai Street, Roorn 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808D 961-8742 April 24, 2002 Mr. Gregory Mooers PO Box 1101 Kamuela, HI 96743 Dear Mr. Mooers: Change of Zone ®rdinance loco. 94-20 (REZ 759) Applicant: Male Wailani Partners, LP (Previoalsly Nansay Iladvaii, Inc.) Saalaject: Annual Progress Report Tax 1dla~ I~ev: 6-2-01:18, 74 & 75 Thank you for the annual progress report dated March 5, as required under Condition U of the above referenced ordinance. By copy of this letter we will forward your report to the County Council and Planning Commission for their reference. To demonstrate complete compliance with Condition E of the above referenced ordinance, we would appreciate receiving copies of the January 2001 approval of the Preservation Plan by State Historic Preservation and the November 2000 approval of the Burial Treatment Plan by the Burial Council. Regarding in-lieu credits which may be applied under Condition Q (fair share contributions), further discussions will be required to determine appropriate in-lieu credits that may be applied to satisfy Condition Q. . / ~ ~ ~ Mr. Gregory Mooers Page 2 Apri124, 2002 We look forward to the submittal of your next annual progress report on or before February 22, 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, /l O~ Z,.._ CHRISTOPHE YUEN Planning Director EOW:pak p:lwpwin60\eileen\letters\LHale WailaniRez759eow xc w/report: County Council Planning Commission Planning Department -Kona IVI®®~~ Rd°T`i~Pl~IS1~S, l~[4C P.O. B®X 1 1 01 KAFAt9~1..A, HAiPi~.e?II 967/x.3 w? n - - March 5, 2002 Mr. Christopher Yuen Director Planning Department County of I-Iawaii - 25 Aupuni Street Hilo, Hawaii 96720 Re: Zoning Ordinance 94-20 'I'MI~: 6-2-01:1 ~,74~i75 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 tdawaii harmless from and against any loss, liability, claim or demand for the property damage, personal inpury 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 folloaving 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 I~ealth 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) 885-1574 EMAIL: GMOOERSC~ATTGLOBAL.NET Mr. Christopher Yuen March 5, 2002 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 Department 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 trice rezoning. The proposed subdivision shall not exceed a maximum limit of 225 one acre sized lots. Upon granting Final Subdivision Approval of these dots, the Planning Director may initiate an amendment to flee 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. Recent litigation has delayed the applicant's ability to comply with all conditions, but once the suit is finalized the applicant will comply with the remaining conditions. (E) a detailed Historic Preservation Plan shall be submitted to be reviewed and approved by the Planning Department, in consultation with the State Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision revietiv. This Plan shall consist of a detailed archaeological data recovery plan (scope of work fvith 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 March 5, 2002 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 received an approval for the Burial Treatment Plan from the Historic Preservation Division dated September 20, 2001. (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 inaanediate area shall cease and the Planning Department shall be i~ezanediately notifaed Subsequent work shall proceed upon an archaeological clearancefrorre the Planning Department when it~nds that sufficient mitigative measures have been taken; We will comply with this condition while constructing the project. (G) access to the property from .d~awaihae 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 Yorks; 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 Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing 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 Hawaii, the previous owner, worked with the County Housing Agency 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 March 5, 2002 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 j:rnal subdivision approval and/or final plan approval, 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 an 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 rnauka 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 bake 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 applicant shall formulate a recreational plan to address the impacts of the project for review and approval by the Planning Department, in consultation with tlae 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 Code. 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 March 5, 2002 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 1l~anagement 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, certifaed check or other security acceptable to Corporation Counsel and the Planning Department Upon final execution of such agreement and/or filing 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 fire. 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 T he fair share contributions described belotiv Mr. Christopher Yuen March 5, 2002 Page Six shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). 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. ®therwise, said contribution shall be satisfied in conjunction with the receipt of f 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 zoning resulting from this change of zone. The fair share contributions in a fo:°m 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 an`l county road and traffic improvements within the South Kohala region; (4) $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 or assigns 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 State Department of Education adopts an educational facilities impact fee program, the applicant shall participate; Mr. Christopher Yuen March 5, 2002 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 Tlealth, Fire, and the Department of Water Supply; We will comply with all agency rules. (U) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the ordinance. The report shall include, but not be 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 leave 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- performance is the result of 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 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 March 5, 2002 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, Grego . Mooers President GRM: sp