Loading...
HomeMy WebLinkAboutCOM 0043.000 2002-2004Harry Kim Mayor December 5, 2002 Gunfg of �'Rrtfvnn PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(809)961-8742 Mr. Duane Kanuha, Vice President Surety Kohala Corporation 101 Aupuni Street, Suite 206 Hilo, HI 96720 Dear Mr. Kanuha: Special Management Area (SMA) Use Permit (SMA 341) Change of Zone Ordinance No. 32-109 (REZ 747) Use Permit (USE 111) Applicant: Surety Kohala Corporation (formerly Chalon International of Hawaii, Inc.) Subject: 2002 Annul Progress Report Tax Map Key: 5-7-003: Portion of 002 and 010 Christopher J. Yuen Director Roy R. Takemoto Deputy Dircoor c-� This is to acknowledge receipt of your 2002 Annual Progress Report submitted by letter dated November 13, 2002. Thank you for complying with this requirement. We shall update these files to reflect Surety Kohala Corporation as the new name. By copy of this letter, we shall forward your report to the County Council and Planning Commission for their review. Your next annual report shall be due on or before November 8, 2003. 491 V Comm. No. `, File No. /�► Ref. To: Ref. Date 12 2002 Mr. Duane Kanuha, Vice President Surety Kohala Corporation Page 2 December 5, 2002 Should you have any questions regarding this matter, please contact Susan Gagorik or Esther tmamura at 961-8288. Sincerely J �L- CHRI TOPHE . YUEN Planning Director SG:cps p:\ptiblic\WPWfN60\StiSAN\LettCTS\AR.SureLyKohalaCorpsma341 skg.doc cc w/ltr: County Council Planning Commission Planning Dept. - Kona SURETY KOHALA CORPORATION 101 AUPUNI ST, SUITE 206 HILO, HAWAII 96720 . TELEPHONE: (808) 934-7033 . FAX: (808) 934-7231 *� >._',; 19 F;n 1 02 November 13, 2002 Mr. Christopher J. Yuen, Director JiL Department of Planning County of Hawaii 100 Pauahi Street, Suite 3 Hilo, HI 96720 SUBJECT: ANNUAL PROGRESS REPORT — ORDINANCE NO. 93-109 MAHUKONA, NORTH KOHALA, HAWAII TMK: 5-7-03:02 Portion and 10 Portion Dear Mr. Yuen: In compliance with Condition "U" of Ordinance No. 93-109, Surety Kohala Corporation hereby submits the annual progress report for 2002. Condition "U" states that: "(U) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the change of zone. The report 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." The anniversary date of Ordinance No. 93-109 is November 8, 1993. Status of the Company Effective November 28, 2001, the name of the company was changed from Chalon International of Hawaii, Inc. to Surety Kohala Corporation, a Hawaii subsidiary of Surety Holdings Corporation. There is no change in the officers and directors of the corporation, except that President Masahiro Kume has replaced former Sr. Vice President Takeshi Okumura. All operations, personnel, and assets remain the same with the exception that Surety Kohala Corporation has no further connection to Chalon International or the Chalon Group. In late 2001, Chalon International and the Chalon Group underwent voluntary Chapter 11 reorganization in Japan. The former company is expected to recover from that reorganization by mid -2003. Mr. Christopher J. Yuen, Planning Director Annual Progress Report for Ordinance No. 93-109 November 13, 2002 Page 2 Status of the Development Surety Kohala Corporation has undertaken an extensive overall master planning and economic/marketing analysis in 2002. This effort began by retaining the economic consulting firm of Economics Research Analysis (ERA) out of San Francisco. The Hawaii based planning firm of Helber, Hastert & Fee was contracted to develop a series of economically viable development scenairos for the Mahukona project and eventually a world class development team of planners, land use attorneys, communications specialists, and development coordinators was formed. Project coordination is being handled through Contact Development Corporation (CDC), and land planing is being done by EDSA, a nationally recognized planning/architect firm from Florida and Santa Barbara. Legal work is being done by Baker & McKenzie's San Francisco offices, and InterCommuni cations Inc. is handling all graphic design and production work. The goal of this team effort is to prepare a comprehensive investment program for potential investors by the end of 2002, select joint venture partners by the middle of 2003, and being construction by the end of 2003. To this end, Surety Kohala Corporation has already entered into preliminary development memorandums with a very exclusive hotel operator for a low-density 75 -unit all -suite hotel on the Mahukona site. We have also signed a similar agreement with a noted "minimalist" golf course architect whose most recent project is among the top 5 golf courses in the US. The Mahukona project will be the first for both the hotel operator and golf architect in the state of Hawaii. Our marketing studies have shown that there is a strong niche marketplace for a very low density project which offers luxury on-site amenities (lodge and fractional ownership units, sports and dining facilities) and proprietary common ownership in a unique off-site eco -ranch on approximately 3,000 acres of our upland Kohala holdings Design and engineering for off-site infrastructure has been modified to complement the reduced density. We have continued to coordinate the timing of power, water, and private wastewater requirements for this scaled down phasing with the appropriate agencies. Compliance with Conditions The enclosed table shows the conditions status to date, including those related to SMA Permit No. 341 and Use Permit No. 111. All applicable conditions have been complied with. Mr. Christopher J. Yuen, Planning Director Annual Progress Report for Ordinance No. 93-109 November 13, 2002 Page 3 Please feel free to call on me at 934-7033 if there are any questions regarding the above. Sincerely, uane Ka uha, Vice President Surety Kohala Corporation enclosure as Cc Masahiro Kume Steve Lim/Carlsmith (Hilo) UPDATED: 11/02 CONDITIONS STATUS REPORT FOR MAHUKONA PROJECT STATE LAND USE (ORD. 93-109) AND ZONING (ORD. 93-108) [Nov. 8. 1993] SMA NO. 341 AND USE PERMIT N(1 111 f lnnr 1 F 1 gg11 CONDITION SUMMARY DESCRIPTION DUE REMARKS ZONE A, SMA 1, UP 1 Applicant, its successors or assigns shall be responsible for complying with all stated conditions. Ongoing Corporate name change from Chalon International of Hawaii. Inc. to Surma Kohala Corporation 11/28/01 . SMA 2 SMA permit becomes effective on the rezoned lands, when rezoning is granted. Complete Effective date is 2/27/96 per Plnq Dept Itr dtd 2/13/98. ZONE B(1) Effective date of Change of Zone shall be: 1) When applicant provides assurances to Water Supply, Planning Dept., State Dept. of Health and State DLNR that a water source of Complete Complied. Ping Dept Itr dtd 3/1/94. sufficient quality and quantity has been established within two years from the enactment of the ordinance (Nov. 8, 1993); a one year extension will be granted by the Planning Director. ZONE B(2) Effective date of Change of Zone shall be: 2) an agreement together with appropriate bond, surety or other security acceptable to Planning Director, is executed between Applicant, Water Dept. and Planning Department for the actual development (construction) of the proven water source, transmission and distribution system within one year from the official date of compliance with condition B,1. Complete Water Commission approved agreement (2/27/96). Effective date of rezoning is 2/27/96 per Plnq Dept Itr dtd 2/13/98. DWS request to purchase additional well storage facility sites to expand Kohala source transmission Negotiations with DWS for pro rata calculations to expand Kohala source and transmission ongoing ZONE C, SMA 3 Construction of the hotel and all interior roads providing access to parking areas for Public Shoreline Access areas shall be completed within five vears from the effective date of11/( the ordinance (3/27/96) 3/27/01 Five (5) year extension request submitted to Ping Director 10/23/00. Extension to 3/27/06 approved 29/00) ZONE C, 1-5, SMA 12, UP 6 Open space, buffers or easements shall be provided, as determined by Planning Director for: 1) Maumalei Shrine and hotel swimming pool, 2) Ko'a Shrine and golf course; 3) Mahukona Park / Harbor access road and the Public Access Parking lot off the same road and golf; 4) a minimum of 140 feet from the certified shoreline to the proposed hotel at Ongoing as plans for various project areas are created. The buffer zones and easements will be shown on the various Plan Review maps as they are submitted to the Planning Department. Nishimura Bay; 5) Boundaries of Kapaa Park /Mahukona Park. All plans to show improvements, structures, landscaping and parking stalls. CONDITION I DESCRIPTION I DUE I REMARKS PAGE 2 ZONE D, SMA4, Archaeological Data Recovery Plan and Preservation Plan Ongoing Mauka-and makai-sides of project cleared for UP4 must be approved by State DLNR and the County Planning grading work. Interim site protection measures — Department prior to plan implementation. These agencies staking and flagging —were implemented per SHPO/DLNR requirements and on-site approval. must verify in writing that the plans have been executed. No land alteration can occur in the project area until at least the data recovery fieldwork and interim protection measures are verified to be successfully executed. ZONE E, SMA 5, Should any unidentified archaeological sites be located During Ongoing monitoring during grading/land clearing UP 2 during construction, work shall cease in the immediate area construction process. and the Planning Dept. shall be notified. Subsequent work in this area shall only take place upon clearance from the Planning Department. SMA 11, UP 6 40 -foot shoreline setback line measured from the certified Before start 40' shoreline setback staked at holes abutting or shoreline shall be staked prior to any land alteration in the construction close to shoreline. affected area. No improvements within the setback area will be granted unless permits are granted. ZONE F, SMA 1) Analysis of flood/drainage problems at the existing Complete Report sent to DPW 12/27/96. 10, UP 8 drainage structures along Akoni Pule Hwy.shall be completed. 2) A drainage system shall be installed meeting with the State Highways Division requirements. ZONE G Applicant shall formulate a housing plan which shall be Prior to Plan All housing requirements complied with. 76 credits consistent with the affordable housing policy of the County Approval for for Ainakea housing project and 21 credits for Hawi (Res. No. 65). Housing Plan to be approved by County resort zoned Makai self help housing project (Council Housing Housing Agency prior to Plan Approval of any resort zoned area Agency Resolution No 128 dtd 11/6/01). Housing area. plan to be submitted to Cty Hsing Agency at appropriate time in development process. ZONE H Applicant to formulate a job training program for operating Prior to Final phase of the hotel. To be submitted to Ping Director for PA for hotel review and approval prior to receipt of Final Plan Approval for the hotel. ZONE I Applicant to design project lighting to minimize impacts on During hotel Pending final hotel design and configuration. Ko'a shrine and to meet requirements of Ord. No. 88-122 design (lighting ordinance). ZONE Recreational Improvements: 1) Kapaa park improvements to Before Specs for Ph.1 approved by Cty Parks and J(1) Phase 1 be completed and available for public use include potable opening golf Recreation 12/13/96. water system, electrical service to existing pavilion and rest course room/pavilion facility improvements. CONDITION I DESCRIPTION I DUE I REMARKS PAGE 3 ZONE Recreational Improvements: 2) Mahukona Park Before Specs for Ph.1 approved by Cty Parks and J(2) Phase 1 improvements to be completed and available for public use opening golf Recreation 12/13/96. include potable water system, electrical service to the existing course pavilion and rest room/pavilion facility improvements. ZONE J (3-6) (3) Applicant to conduct site studies for phases 1 & 2 and Prior to Site plans;studies approved by Parks/Rec and submit to Ping Dept for review/approval in conjunction with opening of Planning 12/13/96. Mtq w/P&R on 10/30/02 for final PA for golf course/hotel; (4) applicant shall fund golf status update and discussion other parks options including expansion to Kamehameha Park. studies/design/construction drawing for phases 1 & 2; (5) if course/hotel Cty cannot obtain appropriate land use permits for phases 1 & 2, Applicant may obtain approval to open golf course and/or hotel by posting bond, surety, letter of credit or other security acceptable to Cty. Cty may also determine equivalent amount of improvements be reallocated to other offsite parks and recreational purposes within the North Kohala district; and (6) cost of improvements, expenses or programs contributed by the applicant shall be credited to satisfy public access and roadway improvements contained in Condition O and Conditions 3 & 6 of SMA No. 341 and Condition 5 of Use Permit No. 111. ZONE K Applicant to provide fair share contribution for fire, police, Final solid waste, and roads. Fair share is based on subdivision or residential/hotel unit density for zoned area. Fair share is to plan approval be satisfied at time of receipt of final subdivision or plan approval. Fair share contribution can be met in the form of cash, land, facilities, or any combination thereof: a) $44,350 fire and $9.280 police; b) $1,911,750 state/cty road and traffic improvements; and c) $20,750 for solid waste disposal functions. ZONE L SMA 14 Groundwater and coastal water quality monitoring plans are Before Plan submitted to Ping (1/28/97) and DOH UP 10 to be submitted to the Ping Director for approval in construction (2/25/97) consultation with the State Department of Health. ZONE M, SMA 150 -foot wide landscape easement shall be set aside on the Complete Landscape easement plan was submitted to Ping 8, UP 3 mauka and makai sides of the Akoni Pule Hwy. Easement Dept on 10/27/94. Landscape easement plan shall be delineated on all plans, including Subdivision Plans. accepted by Ping Dept (7/30/96) The landscaping plan within this easement area shall be submitted to the Planning Director for review and approval prior to issuance of final subdivision approval for any portion of easement area, or Final Plan Approval for the golf course. CONDITION I DESCRIPTION I DUE I REMARKS PAGE 4 Plan to include landscaping, which may include golf course fairways, tees and greens, identifying plant species, related improvements such as irrigation facilities, maintenance roads/paths and other drainage, access or utility corridors, and a program for ongoing maintenance. ZONE N SMA 9 Project shall have underground telephone, water, electrical During design UP 7 and cable television utility lines. No overhead utility lines of project shall be permitted. ZONE O, SMA 6, Applicant to submit public access plan to the Planning Complete Shoreline Access Plan accepted by Planning UP 5 Director in consultation with DLNR for review and approval. 12/10/96. Plan to include mauka-makai and lateral shoreline access, a minimum of 10 parking stalls for each of the four (4) parking Build w/ Hotel areas, signs, restrictions on use (if any), provisions for public access through the project roadways to the parking areas for night fishing. Resurfacing improvements to the Mahukona Park and Harbor Access Road from its intersection with Akoni Pule Hwy. down to Mahukona Park subject to approval of Public Works. Provision of toilet facilities at appropriate locations (build with subdivision/hotel roadways) ZONE P SMA 7 Conservation District lands to set aside as public shoreline Prior to final Attorneys conducted preliminary research and access area via an agreement which shall be recorded with PA for hotel or working draft is under in-house review Preliminary the Bureau of Conveyances prior to the issuance of Final lots discussions on conservation district masterplan Plan Approval for the hotel or final subdivision approval for initiated. Planning firm to be selected this qtr any phase of the proposed lots ZONE Q Applicant shall participate with State Dept of Transportation Prior to or in Cost estimates established. No major issues on regional highway improvements on a pro rata basis, to conjunction anticipated. include: 1) improvements to Akoni Pule intersections within with w/hotel the North Kohala region, 2) channelization and street lighting plan approval of project access to Akoni Pule Highway; 3) dedication of additional right-of-way to State along Akoni Pule Highway fronting the project; 4) guardrails, where needed, along highway right-of-way to protect lower lots from highway traffic; 5) non-structural protection of highway traffic from errant golf balls for all links bordering highway, 6) closing of all unused access points to Akoni Pule Highway fronting the project II CONDITION I DESCRIPTION I DUE I REMARKS PAGE 5 11 area. Items 1 and 3 shall be credited towards the applicants fair share contribution for state and county road and traffic improvements under Condition K. ZONE R SMA 13 All residential, commercial and hotel units and uses shall be connected to a sewage treatment plant meeting with the Must be operating Plant being designed and sized against project requirements. approval of appropriate governmental agencies. Plant shall before have a standby generator to operate in the event of an electrical power outage. occupancy ZONE S Restrictive covenants in all deeds of all the proposed lots shall prohibit the construction of a second dwelling unit. The Prior to final subdivision Language researched and drafted. covenant shall be reviewed and approved by the Planning approval Department prior to final subdivision approval. ZONE T Applicant shall comply with all applicable laws, rules, Ongoing regulations and requirements, including those of the Dept. of Health, Fire and Dept. of Water Supply. ZONE U Applicant shall submit an annual progress report prior to the Prior to 11/8 Report for 2001 dtd 11/7/01 submitted and anniversary date of the change of zone. of each yr acknowledged by Planning Department (12/19/011 ZONE V Should Council adopt a Unified Impact Fee Ordinance, conditions included with this ordinance shall be credited towards the requirements of the Impact Fee Ordinance. ZONE W An extension of time for the performance of conditions within Time extension request for Condition C submitted the ordinance may be granted by the Planning Director upon to Planning Director (10/23/00). Extension to consideration of 4 factors. If an additional time extension is 2/27/06 approved (11/29/00) required, the Planning Director shall submit the request to the County Council for appropriate action. UP 13 Applicant shall use Planning Department's Guidelines for golf Completed Incorporated w/golf course PA course design (November 1989). County to determine appropriate setbacks at time of Plan Approval. UP 12 Final Plan approval for the golf course shall be secured from Completed Grading Permit issued 12/27/96. the Planning Director within 18 months from the effective date of this permit (June 16, 1993). Plan Approval must be submitted a minimum of 45 days prior to the approval date. Grading and clearing work ON GOLF COURSE has been ongoing for most of the reporting period. New grading permit extension into 2002 approved by DPW.