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Home My WebLink AboutCOM 0766.000 2000-2002 1-4 OF 'f F t'€St0 ~4,~' J. YT Han y Kern l. p Yuen Mayor Director f aT :~%*aT ,TE OF Nom Roy R. Takemoto DeputyDirector t- PLANNING DEPARTMENT ?,i Au(ru~ii ."±fc.="rt, [b c,cir;t "!0y , ftilo, 11a..•nji , ; ~(>.:}1~;1 (808) 961-8288 • Fax (808) 961-8742 October 2, 2002 Robert E. Bethea, Esq. Attorney at Law 688 Kinoole Street, Suite 105 Hilo, HI 96720 Dear Mr. Bethea: Change of Zone Ordinance No. 96-61 (REZ 436) Special Management Area Use Permit (SMA 374) Applicant: Kona Hawaiian Village Subject: Annual Progress Report Tax Map Key: 7-5-018:061 and 7-5-019: Portion of 005 & 040 This is to acknowledge receipt of your letter dated June 21, 2002 regarding your annual progress report for the subject development as required under Condition L of Change of Zone Ordinance No. 96-61. We apologize for the delay in responding to your annual report. We would appreciate your providing us with an updated clarification of the name of the entity that the subject application should be filed under. Originally under Towne Development of Hawaii, the Change of Zone (REZ 436) and the Special Management Area Use Permit (SMA 374) files were changed to Kona Hawaiian. Village in June 2000. Please provide us with an updated business name, address, phone number and contact person for these particular files. We will then amend our files to reflect the appropriate contacts and to whom any correspondence should be mailed. A copy of your report will be transmitted to the Planning Commission and County Council for their information. COMM. NO. h*le day , OMM, Inf. T®• Ref. Da Robert E. Bethea, Esq. Attorney at Law Page 2 October 2, 2002 Thank you for complying with this requirement. We look forward to the submittal of your next annual progress report on or before May 22, 2003. Should you have any questions, please feel free to contact Susan Gagorik or Esther Imamura at 961-8288. Sincerely, CHRISTOPHER J. YUEN Planning Director SG:cps P:\WPWIN60\SUSAN\LMapesMaunaLaniREZ380skg.doc xc w/ltr: Hawaii County Council Planning Commission Planning Dept. - Kona ROBERT E. BETHEA Attorney at Law 688 Kinoole Street, Suite 105 Hilo, Hawaii 96720 Telephone: (808) 933-2626 Facsimile E-Mail (808) 935-8578 b6heaCaflex.com June 21, 2002 Christopher J. Yuen Planning Director County of Hawaii 25 Aupun Street, Room 109 Hilo, HI 96720-4252 Subject: Kona Hawaiian Vacation Ownership, LLC 2002 Annual Status Report Change of Zone Ordinance No. 96-61 (REZ 436) Special Management Area Use Permit No. 374 (SMA 374) TMK: 7-5-18: 61 and 7-5-19: Por. of 5 and 40 Kona Hawaiian Vacation Ownership, LLC (KHVO) completed the acquisition of the subject property in September, 2000, from Towne Development of Hawaii, Inc. (Towne). This is KHVO's first annual status report concerning compliance with the various conditions of Ordinance No. 96-61, and, to the extent applicable, Special Management Area Use Permit No. 374 (SMA 374). The property is located between Kuakini Highway and Alii Drive, adjacent and to the south of Lunapule Subdivision, Waiaha 2d and Kahului I", North Kona, Hawaii. Various plans for the development of the subject property had been advanced from time to time by Towne prior to the acquisition of the subject property by KHVO. A retirement residential community and an assisted living facility had been under consideration by the Heritage Development Group (Heritage). On March 20, 1997, the Planning Commission approved SMA 374 to allow Heritage's development of a 300-unit retirement residential community, including an assisted living facility and related improvements. However, as we understand the situation, Heritage decided not to proceed. In contemplation of a sale of the subject property to KHVO, Towne requested that SMA 374 be amended to allow for a 270-unit timeshare development in lieu of the 300-unit retirement community. Additionally, there was a request for an amendment to Condition No. 8 clarifying the FEMA Map amendment requirements, and to Condition No. 9 relating to the submittal of plans for Plan Approval relative to the Data Recovery Plan and Preservation Plan. . Christopher J. Yuen June 21, 2002 Page 2 At its duly held public hearing on July 2, 1999, the Planning Commission voted to approve the above-referenced request to amend SMA 374. The Planning Commission specifically found that a 270-unit timeshare condominium would not be contrary to the General Plan or the Zoning Code and, further, that it would not be contrary to the reasons for granting the original permit. The Planning Commission noted specifically that timeshare units are permitted in the Multiple Family Residential zoned districts located, as is the subject property, in areas designated as resort under the General Land Use Pattern Allocation Guide (LUPAG) Map. Since its acquisition KHVO has i7noved expeditiously to develop the property in phases. The first phase is located on a ten-acre portion of the property. Final Subdivision Approval for recordation of this ten-acre parcel, consisting of Lots 1, 2 and 3, was obtained on May 1, 2000. Specific conceptual, construction and unit-building plans were developed for Phase I and submitted to appropriate County agencies. Additionally, Final Plan Approval, dated July 28, 2000, as revised May 10, 2002, has been obtained for 84 residential units, a pool complex, an administration building, and a reception building on Lots 1, 2 and 3. Building permits have been obtained for all Phase I improvements, except that permits are pending for the last 12 residential units. Certificates of occupancy have been issued for 62 units, the administration building and the pool complex. KHVO has prepared conceptual and other planning for the other phases of the project, and has held preliminary discussions with appropriate County agencies. With respect to the floodplain, a CLOMR was issued on June 12, 2001, and the processes towards obtaining a LOMB are moving forward. As pertains to the conditions of SMA 374, KHVO has complied or will comply with all conditions. The following is a summary of the conditions of Ordinance No. 96-61 and a description of the status of KHVO's intentions and actions pertinent to such conditions: No. Condition Status A. Applicant shall comply with KHVO will comply with this condition. conditions of the change of zone. B. Subdivision or Plan Approval shall KHVO has complied with this condition. be secured within 5ears. C. Dedicate required right-of-way for KHVO will comply with this condition. Alii Highway to the County upon its KHVO will work with DPW on the impact of request. the Alii Highway Project upon drainage and other concerns. Christopher J. Yuen June 21, 2002 Page 3 D. The applicant shall make its fair KHVO will comply with this condition. share contribution towards parks, fire, police, solid waste and road facilities. E. Any access from Alii Highway shall KHVO will comply with this condition. meet with the a royal of DPW. F. Should applicant construct any KHVO does not have any plans to construct improvements within the Waiaha 100 any improvements within the Waiaha flood year flood plain established by the plain, except as described in Condition F, and County pursuant to Chapter 27, other than encroachments into the floodplain Hawaii County Code, other than fringe areas as permitted by Chapter 27. roads, pedestrian or bicycle paths or KHVO has no intention to trigger an trails, landscaping, or yards and open obligation on its part to reconstruct the space, the applicant shall construct Kahului Bridge. The Planning Department drainage improvements within the has confirmed that KHVO's plans for Phase I Waiaha flood plain including will not cause this condition to be imposed. replacement of the Kahului Bridge A Drainage Channel Agreement has been on Alii Drive. submitted se aratel . G. Upon request of the Mayor, dedicate KHVO will comply with this condition. lands within the Waiaha flood way required for the public construction of drainage or floodway im rovements. H. Comply with all applicable rules, KHVO will comply with this condition. regulations and requirements. 1. An archaeological survey shall be KHVO has complied with this condition. approved by DLNR prior to submission of plans for subdivision or land alteration. Prepare an archaeological preservation/ miti ation 1an as required. J. Should any unidentified sites be KHVO will comply with this condition. encountered during construction, work shall cease until appropriate clearances are secured from DLNR. K. Should a Uniform Impact Fee Contribution requirements are noted. Ordinance be adopted, contributions shall be credited towards such requirements. Christopher J. Yuen June 21, 2002 Page 4 L. An annual progress report shall be KHVO will comply with this condition, submitted to the Director. M. An eXterslorl of time for the Condition requin-rfients are noted. performance of these conditions may be granted b the Director. 0. Should any condition not be Condition requirements are noted. substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. Please call me at 933-2626, or Robert Warner, Director of Development of KHVO, at 331-2200 if you have any questions or need additional information. Very truly yours, Robert E. Bethea cc: Robert Warner, KHVO