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HomeMy WebLinkAboutCOM 0156.000 2002-2004 ~~Mtv on wK~. Hatry Kim Christopher J. Yuen Maynr Direcmr ~~R~YP~N~'+' Roy R. Takemoto DrVU(V Direcmr (2~uixnfg »f ~ttfu~cYi PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 February 20, 2003 - James M. Leonard, AICP PBR Hawaii -Hilo 101 Aupuni Street, Suite 310 Hilo, HI 96720-4276 Dear Mr. Leonard: SUBJECT: Change of Zone Ordinance No. 00 7 (REZ 940 Applicant: WB Manini`owali, LLC Subject: Annual Progress Report TMK: 7-2-4: Portion of 18 This is to acknowledge receipt of your letter dated January 30, 2003 containing an annual progress report as required by Condition AA of the above referenced ordinance. Thank you for complying with the annual report requirement. As a reminder, you are required to comply with all conditions as stated in the above- referenced ordinance within the appropriate timetables. Please note that your next annual report will be due on or before January 27, 2004. Should you have any questions, please contact Esther Imamura or Susan Gagorik of our Hilo office at 961-8288. Sincerely, ~ ; ~ ry -i ; CHRISTOPHER~J". YUEN Planning Director ETI:mad Na P'\WPWM60AETIAPCannrptV2EZ940I eonard-doc F]]0 NO. 13ef. To: ~ FEB 2 5 2003 James M. Leonard, AICP PBR Hawaii -Hilo Page 2 February 20,2003 cc w/report: Planning Dept. -Kona ~unty Council Planning Commission 1~1 i" j YE® ;:~3 ~ ~8 5 ?7 9 19 LAND PLANNRJG LANDSCAPE ARCH]TECI'URF. _ _ EN VIRONMENTA I. STUDIPS (`'l,~\i`)~~JI `r CI .f f January 30, 2003 . C,~,,... , . , All wM. PkANK BRANDY. PASLA Mr. Christopher J. Yuen, Director I~di. CeA,Rmav Planning Department TxonaAS s. WlrreN, AsLA County of Hawaii PRESIDENT 101 Pauahi Street, Suite 3 R. STAN DUNCAN, AsLA Hilo, Hawaii 96720 ExECUrrve V,cE-PRER,DEIJT Rl15sELL Y.J. Cxurvc, ASLA SUBJECT; ANNUAL PROGRESS REPORT Execrrrrve vcE-PRESIDENT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC) IAM1E3.S LEONARD, AICP DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY "JA~i~ioGo F,ce'~R KUKIO 21iD AND MANINIOWALI, NORTH KONA, HAWAII TMK: (3)7-2-04: PORTION OF 18 VnvcErT $NIGEKUNI SENIOR ASSOCIATE Dear Mr. Yuen: GRANT MURAKAMI, AICP ASSOCIATE On behalf of WB Maniniowali, LLC and in meeting the requirements of Condition AA of Ordinance 00-7, the following is a report on the status of development and the developer's compliance with the conditions of approval of the subject Ordinance. Status of Development In the calendar year 2002, WB Maniniowali, LLC (WBM) submitted and received various approvals for the Project. In April of 2002, WBM was NDNOLUI.II OFFICE issued Grading Permit No.000554 for grading of Phase I Subdivision lots Iools~sEDFSTFFSr and com leted radin of various Phase I Subdivision roads and a well PwcIPIC TOWER, SurrR 650 I) g g IJDNDr,L°~"""^'''~$"'34'9 access road (Grading Permit No. 005055 and 005058) in June of 2002. Tel,: (808)521-5631 PAx: (808)523-1402 MAd: sysadmi~pbrhawaii.com Also in April WBM received approval for the Maniniowali Comprehensive Public Access Plan (April 18, 2002). This Plan addressed the strategies for NrLDOFFrDE providing interim public access prior to implementation of the permanent 101 Aueum STREET HRD LA6DON CTiNTER SI1~tE 3u) access. WBM is working with the Department of Land and Natural Hao, NAWAI`I 96720-0276 Teu (soa)961a333 Resources, State Park Division to complete the planning and implement t e PAK: (so$)961 a9s9 panned Kekaha Kai State Park improvements. The Draft Environmental E-MAU,: pbrhilo@lava.uel Impact Statement (DEIS) for the Kekaha Kai State Park improvements was submitted to the Office of Environment Quality Control (OEQC) and its WAE.UKU OFFICE 2123 xADRU STREET availability was published in the January 8, 2003 OEQC Bulletin. WAll.OKU, HAwAYI 96793-2204 (80$) Z42-2878 PAx : (808) 212-2902 ~ - H-MAa: pbunaui@lavanet Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 2 Also, in April 2002 WBM obtained approval for a Variance from Chapter 23, Subdivisions, to allow "resort subdivision° standards to apply to the residential development. The conditions of the Tentative Subdivision approval dated October 19, 2001 were amended accordingly to reflect the allowable resort standards. Final Subdivision of Phase I (Subdivision 7629) was granted on December 24, 2003. The Phase 1 subdivision encompasses 33 lots of the Master Planned 140 lot subdivision as reflected in the Detailed Site Plan that was approved by the Director on September 19, 2001. Regarding the developer's compliance with the conditions of approval we offer the following summary. Compliance with Conditions A. The Applicant, successors, or assignees shall be responsible for complying with all of the stated Conditions of Approval. Response: The development will comply with the conditions of approval as set forth below. B. This project area shall be called the Maniniowali Project District. The development period for the Maniniowali Project District will be 20 years from the effective date of approval of the Project District Ordinance. Response: WBM has initiated its planning and development for the Maniniowali Protect District and expects that development will be completed well within the 20 year development period. C. The Maniniowali Project District shall consist of not more than 388.057 acres for residential, golf course, golf clubhouse and tennis complex, open space and ancillary related development. Any amendment to this acreage shall require an amendment to the Maniniowali Project District Ordinance. Response: No amendments to the acreage of the Protect District is proposed or planned. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 3 D. The maximum number of residential units to be allowed within the Maniniowali Project District shall be 900 units. Any increase in the number of units shall require an amendment to the Maniniowali Project District Ordinance. Hotel and timeshare condominium or apartment units shall be prohibited within the Maniniowali Project District. Response: No increase in the number of units is being proposed. In fact, the approved Site Plans for the development area reflects a total number of 140 residential units, 33 units of which are represented within the Phase I subdivision. The proposed development includes no hotel or timeshare units. E. The Applicant shall provide perpetual open space areas of 400 feet and 150 feet widths each, respectively, along the entire makai (seaward) and mauka (east) boundaries of the subject property. In addition and in order to preserve these open areas and protect the respective view planes, no buildings and/or structures above ground shall be permitted within either area. Further, prior to the first occurrence of either Final Subdivision Approval, Final Plan Approval, or any land alteration, the Applicant shall prepare, submit for prior County approval, and then record the necessary metes and bounds descriptions and covenants in the Bureau of Conveyances to effect such conditions in perpetuity. A copy of the document(s) shall then be provided to the Planning Department. Response: As reflected in the approved Detailed Site Plan for the proposed development, no residential development or vertical improvements, other than landscaping and those improvements and uses allowed by the P%~ect District Ordinance No. 00 7, are planned within the Open Space Buffer Areas that extend along the mauka and makai boundaries of the property. On March 22, 2002 the BLNR approved changes to the language of the initial land exchange agreement to clarify that pools and associated fences and walls are permitted uses within the mauka 200 feet of the makai buffer area. The map and metes and bounds description of the Open Space Buffer Areas and restrictive covenants have been submitted and recorded Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 4 with the Bureau of Conveyances. A copy of the same u~as submitted to the punning Department for its files on Aprti 6, 2002. 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. Response: The developer u~{il make the appropriate disclosures, as required by Condition F, to all potential buyers through its sates documents. G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance No. 96-160 are to be allowed in the Maniniowali Project District within the 388.057 acres for residential, golf course and ancillary related development: 1. Adult day care homes. 2. Bed and breakfast establishments, as permitted under Section 25-4- 7. 3. Boarding facilities, rooming, or lodging houses. 4. Commercial or personal service uses, on a small scale, as approved by the Director, provided that the total gross floor area does not exceed one thousand two hundred square feet and a maximum of five employees. 5. Community buildings, as permitted under Section 25-4-11. 6. Crop production. 7. Dwellings, double-family or duplex. 8. Dwellings, multiple-family. 9. Dwellings, single-family. 10. Family child care homes. 11. Golf courses, and related golf course uses, including golf driving ranges, golf maintenance buildings, golf clubhouses and restaurant associated with the golf course. 12. Group living facilities. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 5 13. Home occupations, as permitted under Section 25-4-13. 14. Meeting facilities. 15. Model homes, as permitted under Section 25-4-8. 16. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. 17. Public uses and structures, as permitted under Section 25-4-11. 18. Temporary real estate offices, as permitted under Section 25-4-8. 19. Wastewater treatment facilities. 20. 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. 21. Buildings and uses normally considered directly accessory to the uses permitted in this section shall be permitted. Response: The proposed development, as reflected in the Detailed Site Plan and Preliminary Subdivision, and Phase I (Subdivision 7629) is in conformance with the allowable uses of the Pro,Ject District. H. The following design standards shall apply: 1. Landscaping for the development shall comply with the Planning Department's Rule No. 17, Landscaping Requirements. Further, a Landscaping Plan shall be submitted for the golf course and golf course clubhouse as part of the plan review and approval process. Said landscaping shall incorporate, wherever possible, the predominant use of appropriate native Hawaiian plants and shall set aside areas for their preservation and/or propagation. 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 development shall be 45 feet. 5. The minimum average lot widths shall be determined by the Applicant in conjunction with its development plans. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 6 6. The minimum yards in the Maniniowali 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) Multiple Family Residential Development (1) Front and rear yards, twenty feet; and (2) Side yards, eight feet for a one story building, plus an additional two feet for each additional story. 7. Exceptions to the regulations for the Maniniowali Project District regarding heights, building site areas, and yards, may be approved by the Planning Director within a planned unit development, or cluster plan development. Response: All plans for the Maniniowali p%~ect will conform to the design standards set forth in Condition H or as otherwise approved by the Director through a planned unit or cluster plan development approval 8. The minimum off-street parking and loading space requirements for the Maniniowali Project District will comply with the minimum standards as required by the Zoning Code, including compliance with the American Disabilities Act (ADA) requirements. Response: The Maniniowali project will comply with the minimum standards of the Zoning Code including compliance with the ADA requirements. 9. The portion of the designated landmark of Puu Kuili located on the south end of the property and the smaller unnamed puu located at the north end of the subject property each shall remain in their natural state, and any construction and/or alteration of these areas shall be prohibited in perpetuity. Further, prior to the occurrence of either Final Subdivision Approval, Final Plan Approval, or any land alteration, the Applicant shall prepare, submit for County Planning Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 7 Director approval, and then record the necessary metes and bounds description and covenant(s) in the Bureau of Conveyances to effect such conditions in perpetuity. A copy of the recorded document(s) shall then be provided to the County Planning Department. Response: As noted above to reference to Condition E and in compliance with Condition H-9, aplan reflecting the metes and bounds description of the small puu has been reviewed and approved by the Director and has been filed and recorded with the Bureau of Conveyance. Amore modern survey of the limits of Puu Kuili and the property boundary has found that no portion of Puu Suiii extends tnto the Maniniowali property. Therefore, no portion of Puu Suili is encumbered as part of the recorded Open Space Buffer areas. 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 development in the Maniniowali Project District. Response: As noted above, a Detailed Site Plan for the proposed 140 unit residential subdivision was submitted and approved by the Director, thereby meeting the requirements of Section 25-6-46 of the Hawaii County Code concerning the review and approval of P%(ect District Site Plans, as well as the requirements for Plan Approval within Condition I. On December 24, 2002 WB Maniniowali received Phase I Subdivision approval (Subdivision No. 7629). J. Construction of the residential units, golf course and other related improvements shall commence only after Final Subdivision Approval or Final Plan Approval has been secured from the Planning Director. Response: The Detailed Site Plan for the Maniniowali development has been approved by the Director. Subsequent subdivision and grading plans submitted to the Department are consistent with the approved Site Plan, though some minor adjustment to the roadway Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 8 alignments are expected to respond to site constraints and design and engineering considerations. K. The Applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and Department of Land and Natural Resources, that water sources of sufficient quality and quantity has been established. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that water sources of sufficient quantity and quantity can be established at the designated locations. Response: WB Maniniowali is currently developing a brackish well on the property and will be meeting the additional necessary water source storage and transmission requirements as part of the p%Ject development. The primary source of potable water for the 140 lot Maniniowali subdivLsion will be from the private PUC regulated water system at Kukio. L. Upon compliance with Condition 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 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. Response: The actual water transmission and distribution system for the Maniniowali project will be developed as part of the subdivision process. M. Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 9 follows: 1. Prior to or in conjunction with the first occurrence of either Final Subdivision Approval of any increment or occupancy permit gaining access from the respective intersection, the Applicant, with the prior approval of the Department of Transportation, shall provide a fully channelized intersection, including but not limited to deceleration, acceleration and left-turn storage lanes, with Queen Kaahumanu Highway. The cost of such improvements shall be borne by the Applicant and may be credited to or deducted from the Applicant's Fair Share Contribution for road and traffic improvements, as required under Condition (U). Unless otherwise provided herein, the location of this intersection shall be coordinated with and located immediately makai (west) of the existing access to the West Hawaii Veterans' Cemetery. 2. If the Applicant, the State Department of Transportation and Department of Land and Natural Resources are unable to reach a mutually satisfactory agreement within six (6) months of the effective date of this ordinance to coordinate and locate the main access road intersection makai (west) of the existing access to the West Hawaii Veterans' Cemetery, then, in such case, the subject intersection shall be located at the existing permitted access point or at some other location approved by the Department of Transportation. 3. A Traffic Monitoring Program at the intersection of Queen Kaahumanu 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. 4. A roadway connection to the adjacent parcel along the northeast boundary shall be reflected in any of the approved Subdivision or Plan Approval and shall be provided meeting with the approval of the Department of Public Works in conjunction with any development Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 10 affecting said area. 5. No lots shall have direct access from the Queen Kaahumanu Highway. Response: Ali highway access related improvements are being coordinated with the Department of Transportation (DO1) and plans for the protect related roadways will be reviewed and approved by the State DOT or County Department of Public Works, as appropriate. A roadway connection to the ac~acent Kukio property is reflected on all plans and will provide the primary access to the Maniniowali protect. The planned access from Queen Kaahumanu Highway to the ad,(acent Kekaha Kai State Park, which will be located makat of the existing access to the West Hawaii Deterans' Cemetery, wail provide a secondary access connection to the Maniniowati p%(ect. The State Department of Land and Natural Resources has prepared and published a Dra,~t Environmental Impact Statement (DEIS) which notes this secondary access point. A Trc{f, jlc ffionitoring Program for the proposed intersection with Queen Kaahumanu Highway has been review and approved 6y the State DOT. As reflected on the approved Detailed Site Plan, no lot within the ll~aniniowali subdivision will have direct access to the Queen Kaahumanu Highway. N. Should access to the project site be situated makai of the West Hawaii Veterans' Cemetery access and if irrigation water is deemed necessary by the County Parks and Recreation Department, the Applicant shall provide a minimum of 1,200 gallons per day of irrigation or non-potable water up to the Queen Kaahumanu Highway entrance to the West Hawaii Veterans' Cemetery. Any extension beyond that point would be subject to the mutual agreement of the Applicant and the County. Said water and system shall be in place prior to or in conjunction with issuance of occupancy permit for the proposed golf course or Final Subdivision Approval of any increment gaining access from the respective intersection. Further, the cost of said improvements, shall be credited to or deducted from the Applicant's Fair Share Contribution for park and recreational improvements and facilities and road and traffic improvements, as required under Condition U. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 11 Response: WBM, in cor4Junction with WB Kukio Resorts, LLC (WB Kukio) , developers of the a~{Jacent Kukio protect, have been working with both the State and County to provide irrigation water to the West Hawaii Veterans' Cemetery ~WHDC). The State Board of Land and 1Vatural Resources (BLl1~ has approved plans to construct an irrigation reservoir on State lands mauka of Queen Kaahumanu Highway. The reservoir site, which is near completion, is at an appropriate elevation and location to provide a direct above ground line to the WHVC. Up to 3,600 gallons per day u~iil be provided from the Kukio/Maniniowaliirrigationsource, free of charge. WBlld<expects the reservoir and the transmission line to the WHVC to be completed by the end of the first quarter of this year. O. A Detailed Drainage Study (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 course, whichever occurs first. The Study shall take into consideration the the drainage system, retention basins and `reduced 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. Response: A Drainage Study for the Phase I Subdivision was submitted to the Department of Public Works (DPW) by WBM's civil engineers and approved by DPW with the Phase I Subdivision construction plans. P. 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. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 12 Response: In compliance to Condition P, a Solid Waste Management Plan for the Maniniowaii property has been approved by the Department of Environmental Management-Solid Waste Division and will be implemented with the phased development. A copy of the approved Solid Waste Management Plan was provided to the Planning Department on October 21, 2001 for its flies. Q. A wastewater treatment system shall be constructed to service the residential development meeting with the approval of the Department of Health. Response: Wastewater will be transmitted offsite to the Department of Health approved wastewater treatment plant currently under construction at the ac{~acent Sukio p%~ect. Wastewater transmission lines will be constructed in conJunction with the subdivision improvements. R. An Emergency Preparedness and Response Plan (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. Response: In compliance with Condition R, an Emergency Preparedness and Response Plan has been approved 6y the Planning Department in consultation with the FYre Department and the Civil Defense Agency. On November 5, 2001 the Planning Department acknowledged receipt of the final Emergency Preparedness and Response Plan meeting Condition R of Change of Zone Ordinance 7Vo. 00-7. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 13 S. A Final Comprehensive Public Access Plan (Plan), to be developed in accordance with applicable conditions of approval of the Land Use Commission Decision and Order (Docket No. A92-677) and Land Exchange Agreement, shall be submitted in conjunction with golf course plans submitted for plan approval review or with any residential development, whichever occurs first. The Plan shall be submitted for the review and approval by the Planning Director, upon consultation with the Department of Land and Natural Resources (DLNR), and shall include mauka-makai, bike, pedestrian and vehicular access; parking areas and restroom facilities on State land located makai of the subject property and at locations approved by the DLNR, signage, emergency response considerations, restrictions on use (if any), and related improvements. Implementation of the Public Access Plan shall be completed no later than the opening of the golf course or Final Subdivision Approval of any residential increment. Response: On April i 8, 2002 a Comprehensive Public Access Plan with an Interim Public Access Plan was approved by the Planning Department A copy of the Plan was also forwarded 6y the Planning Department to the DLNR for their review and comments. In accordance with the Directors letter received November 1, 2002 WBM has effectively implemented the Plan through the execution of an agreement and bond which occurred prior to Final Subdivision Approval of the first residential increment. The timing for construction of the improvements within the adjacent State property will be dependent upon completion of the Kekaha Kai State Park planning and regulatory approval process which is expected to take about a year to complete. T. 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 I, Hawaii County Code, relating to Affordable Housing Policy (attached). This requirement shall be approved by the County Housing Agency prior to Final Subdivision Approval of any portion of the residential area. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 14 Response: In compliance with Condition T, the Hawaii County Housing Agency has approved Resolution 1Vo. 126 for payment of in- lieu fees in the amount of $66,080. Payment of the in-lieu fee was made to the Ofllce of Housing and Community Development and acceptance of which was acknowledge in a letter from the OJ,~ice of Housing and Community Development (OHCD) dated December 5, 2002. 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 the amounts allocated herein below 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 subdivided 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 $7,239.16 per single-family residential unit and $4,645.29 per multiple-family residential unit. Based upon the Applicant's representation of intent to develop up to nine hundred single family and multiple-family residential units, the indicated total of Fair Share Contribution is $6,515,244.00 for single-family residential units. However, the actual amount shall be increased or reduced in proportion with the actual number of single-family and multiple-family units according to the calculation and payment provisions sent forth in this Condition U. The Fair Share Contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of $3,141,765.00 to the County to support park and recreational Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 15 improvements and facilities; 2. $168.40 per single-family residential unit for an indicated total of $151,560 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $299,349 to the County support fire facilities; 4. $145.62 per single-family residential unit for an indicated total of $131,058 to the County to support solid waste facilities; and 5. $3,101.68 per single-family residential unit for an indicated total of $2,791,512.00 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 Condition M shall be credited against the sum specified in Condition U (5) for road and traffic improvements, and the cost of providing and constructing the improvements in Condition N shall be credited against the sum specified in Condition U (5) and (1). 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. Response: A fair-share contribution of ,$90,528.20 from W.B. Maniniowali was submitted to the Planning Department on December 4, 2002. A letter dated December 24, 2002 from the Planning Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 16 Department acknowledges receipt of the payment and the developer's compliance with the fair-share contribution as delineated in Condition U. V. An Archaeological Data Recovery Plan and Preservation Plan (Plan) shall be submitted for the review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). The Plan shall consist of three subplans: (1) an Archaeological Data Recovery Plan for the sites to undergo data recovery, (2) a Detailed Interim Protection/Preservation 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. Proposed mitigation treatment (preservation inplace or disinternment/ reinternment) for burial sites within the subject property shall be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to submitting plans for subdivision review or prior to any approval for any land alteration permits, whichever occurs first. Response: In compliance with Condition V, an Archaeological Data Recovery Plan for the Maniniowali property has been approved by the Department of Land and Natural Resources- Historic Site Preservation Division (DLNR-HSPD) and all in;~ield data recovery work, as delineated in the Plan, has been completed. Further, a Final Detailed Interim Protection and Preservation Plan has been approved by DLNR- HSPD and interim protective measures have been implemented as directed and approved by DLNR-HSPD. The Interpretation Pure, as noted in the above condition, will be prepared at a later time in con,~unction with the associated site improvement plans. The Interpretation Plan will include the long term preservation measures, buffer zones and their treatments, and details of the interpretive signage. A copy of the approved Final Archaeological Data Recovery and Preservation Plans dated September 2001 has been submitted to the Planning Department for its files. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 17 W. 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. Response: Should any unidentified sites or remains be encountered during the land preparation activities, work in the immediate area wilt cease and the DLHI2 -HPD will be immediately notified. Work in the vicinity will not resume until clearance is obtained from the DLMt- HPD. A note to this effect is included with ail grading plans and reviewed with construction personnel prior to commencement of grading activities. X. 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 United Impact Fees Ordinance. Response: Should the Council adopt a Unified Fees Ordinance, the development will comply with the Condition as set forth above. Y. The Applicant shall comply with all Conditions of Approval of the Land Use Commission Decision and Order (Docket No. A92-677) and Exchange Deed Agreement to Exchange dated December 28, 1990 (Document No. 92- 038660), and shall not seek any amendments to said Agreement. A copy of the written documentation of compliance with these conditions shall also be submitted to the Planning Director. Response: An Annual Report on the status of development and compliance with the Conditions of Approval will 6e submitted to the State Land Use Commission in March of this year and ABM will provide the Planning Department with written documentation to this Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 18 effect. Z. Comply with all other applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. Response: WBM will continue to comply with all applicable laws, rules, regulations, and requirements of the a,~'ected agencies. AA. An Annual Progress Report (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 the Director acknowledges that further reports are not required. Response: This Annual Progress Report is being submitted in compliance with Condition AA. An Annual Progress Report addressing the status of development, the number of units constructed, sold and occupied and compliance with the conditions of approval of Ordinance 1Vo. 00-7 will be submitted to the Planning Director until the Director acknowledges that further reports are no longer required. BB. Twenty (20) years from the effective date of the Maniniowali 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. Response: The development will comply with the Condition BB as set forth above. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 19 CC. 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 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). (5) If the Applicant should require an additional extension of time, the Planning Department shall submit the Applicant's request to the County Council for appropriate action. Response: No request for an extension of time to meet the above conditions of approval has been submitted or is anticipated. WBM uKll continue to make best efforts to meet the above conditions in a timely and effective manner. DD. Should any of the conditions not be met or substantially complied within a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. Response: As noted above, WBM has made best efforts to meet all the conditions of Ordinance 00-7. Mr. Christopher J. Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT ORDINANCE 00-7; CONDITION AA OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 January 30, 2003 Page 20 I trust the above fully addresses the status of development and compliance with the conditions of approval, however, should you have any questions or require further information, please do not hesitate to contact this office at 961-3333. Sincerely, PBR HAWAII MES M. LEONARD, AICP Principal -Hilo Office cc: R. Mori (WB Kukio Resorts, LLC) M. Morinaga (WB Kukio Resorts, LLC) E. Divita (Discovery Land Co.) C. Carlson (Parker Ranch) K. Inouye (General Services, Inc. S. Lim (Carlsmith Ball) S. Fuke (Sidney Fuke Planning Consultant) T. Witten (PBR HAWAII) 2003 Annual Report.wpd