HomeMy WebLinkAboutCOM 0145.000 2002-2004 ~,M1Y o1 Nay G
Harry Kim ~ '4 Christopher J. Yuen
Maynr
DirecVu
i•.,.
+~li'o~ w~~~
1~oy((R:, Takemoto
~II1I2tf~1 i0~ ~~i~17Mtt
PLANNING DEPARTMENT
l01 Pauahi Street. Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
February 2Q 2003
Mr. Gene Yong, Senior Plarmer
Belt Collins Hawaii, Ltd.
2153 North King Street, Suite 200
Honolulu, Hawaii 96819
Dear Mr. Yong:
Change of Zone Ordinance No. 01-06 (REZ 955)
Applicant: Liliuokalani Trust
Subject: Annual Progress Report
Tax Maa Key: (3) 7-4-008:portion of 001
This is to acknowledge receipt of your second annual progress report dated January 23, 2003 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.
Thank you for complying with the annual report requirement.
We look forward to the submittal of your next annual progress report on or before January 25,
2004. In the meantime, please feel welcome to contact Larry Brown or Susan Gagorik of my
staff at 961-8288 should you have any questions.
Sincerel ,
CHRISTOPHER J. YUEN C
Planning Director Comm No. ~
LMB:pak File No. ZNC~~KN~..~.
P\WPWM60\Iany\PC Progress ReporlsUiliuokalani-ORD01-6 ProgRprACk.doc lief. TO:
Ref. Date FEB 2 41003
Mr. Gene Yong, Senior Planner
Belt Collins Hawaii, Ltd.
Page 2
February 18, 2003
xc w/report: County Cowrci]
Planning Commission
Planning Department -West Hawaii Office
BCItCUI11nS January 23, 2003
445-0702/03A-019
r'"3 ~I^'J 24 P~1 1 13
FI ~~I~~~, -l.l Nr
i- ~~1 r
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
Annual Progress Report
Ordinance Number 01-6
Liliuokalani Trust
TMK 7-4-008: Por 001
Keahuolu, North Kona. Island of 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.
Condition (A). The applicant, successors or assigns, shall be responsible for complying "°°°l°"'
with all of the stated conditions of approval. ~n~`""a
c.~~am
Acknowledged. i.an<i a~nq
nit,h/G~a
Pcibpplnas
Condition (B). The applicant shall participate, on a fair share basis, in the funding and Seau~e
construction of adequate water source, storage, and transmission facilities and improvements s~n~eonra
to accommodate the proposed project as determined by the County of Hawaii Department of ~<:..a„~
Water Supply. Compliance with Condition 8 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.
Condition (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.
Condition (D). Final Subdivision Approval for the residential-commercial mixed use
subdivision development shall be secured within ten (10) 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 interest for the project area.
Belt Collins Hawaii Ltd.
2153 North King Street, Suite 200 . Honolulu, Hawaii 96819 USA
T/808 521 5361 . F/808 538 7819 . honolulu@beltcollins.com . www.bellcollins.com
Belt Collins Hawaii is an Equal Opportunity Employer
Mr. Christopher Yuen
January 23, 2003 - 03A-019
Page 2
Condition (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 all 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 cost to the County.
The Trust or its future developer will comply with this condition.
Condition (H 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 cleft-turn lane on westbound Palani Road at all three proposed
project entrances with cleft-turn refuge lane for the commercial driveway and for one of the
residential driveways exiting the project.
Acknowledged.
Condition (p. 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.
Condition (K). All roadways within the proposed residential-commercial mixed use
development shall 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.
Mr. Christopher Yuen
January 23, 2003 - 03A-019
Page 3
Condition (L). Install street lights, signs and markings meeting with the approval of the
Department of Public Works, Traffic Division.
Acknowledged.
Condition (M). 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 (N). 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 (O). 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
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
General 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
Mr. Christopher Yuen
January 23, 2003 - 03A-01 9
Page 4
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.
Condition (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.
Condition (U). 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 proposed to be subdivided by
[he amounts allocated hereinbelow for each such lot, and shall become due and payable prior
to final subdivision approval for any portion of the subject property or its increments. If the
subject property is subdwided 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 $7,876.20 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 he 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.Oa per single-family residential unit for an indicated total of $949,510.00
to the County to support park and recreational improvements and facilities;
Mr. Christopher Yuen
January 23, 2003 - 03A-019
Page 5
2. $183.22 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. $758.43 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.
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 (5) 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 impac( 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 hoed, 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 he granted prior to the actual construction of required infrastructure improvements unless
Mr. Christopher Yuen
January 23, 2003 - 03A-019
Page 6
otherwise restricted herein. A certificate of occupancy shall not be issued until the
infrastructure improvements have been constructed.
Acknowledged.
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.
Condition (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.
Condition (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.
Condition (AA). An annual progress report shall be submitted to the Planning Director
prior to the anniversary date of the approval of the ordinance. 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.
Acknowledged. The next annual report will be due January 25, 2004.
Condition (BB). 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.
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).
Mr. Christopher Yuen
January 23, 2003 - 03A-019
Page 7
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 Bell
or myself at (808) 521-5361.
Sincerely yours,
BELT COLLINS HAWAII LTD.
Gene Yong
Senior Planner
GY:gk
cc: Queen Liliuokalani Trust