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HomeMy WebLinkAboutCOM 0218.000 2002-2004 4QJN1V of N~ ,9~ Harry Kim Christopher J. Yuen Ma_var Direc!nr , F OF NF• Roy R. Takemoto nrpurv Uirrrror ~UIIYT~k7 D'~ ~2I~1tMti PLANNYNG DEPARTMENT I01 Pauahi Street, Sui[e 3 Hilo, Hawaii 967203043 (808)961-82R8 Fax (SOS) 961-874?. April 14, 2003 R. Ben Tsukazaki, Esq. Tsukazaki, Yeh and Moore 85 W Lanikaula Street Hilo, HI 96720 Dear Mr. Tsukazaki: Change of 7.one Ordinance No. 92-40 (REZ 710) Applicant: Kohala Ranch, LLC Subject: Annual Progress Report Tax Map Key: 5-9-O1: Portion of 10; 5-9-09: Potion of 54; 5-9-10: 31-55, 57, 5$, 60 and Portion of 56: and 5-9-11.1 This is to acknowledge receipt of your detailed annual progress report on behalf of Kohala Ranch, LLC dated Apri] 4, 2003, which describes the Petitioner's activities in compliance with various conditions which are contained in Ordinance No. 92-40, which became effective on January 24, 2002. Thank you for your attention to this matter. The report will be forwarded to the County Council and the Planning Commission for their reference. We look forward to the submittal of your next annual progress report for 2004. [f you have any questions, please feel free to contact Jeff Darrow of our office at 961-8288. Sincerely, i~ CHRISTOPHER J.- YUEN Planning Director Comm. No. JWD:pak Ref. To: ~'~p p `wpwin60ycffAlc[tereU kohalaranchR67710APR2r103 Jn` A@f JOt@ ~~PQ ! 1 7nn3 R. Ben Tsukazaki, Esy. Tsukazaki, Yeh and Moorc A Limited Liability Law Company Page 2 April 14, 2003 xc w/report: hiawaii County Council Planning Commission Planning Dept. -Kona Tsukazaki Yeh & Moore a aErv rsuKAZAKi pCP?ORNF.YS AT LAW rhtC~lava ntt A Limited Liability Law Company l HOMAS L.H YEH dy Ca lava nci $S W_ i,uni keula Street Hilo, HnWUll 96720 MICHAEL W. MOORS 'rdcphone. (R08) 961-0055 PAX (ROR) 969-1531 mmonreC^9uca net r ~ i'~' 1(1 April 4, 2003 1 G~, ; Christopher J. Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Rc: Ordinance No. 92 40 Change of Zone Application (REZ 710) Applicant Kohala Ranch, LLC Tax Map Key Nos.: 5-9-001:010(por.); 5-9-009:054(por.); 5-9-01 03 1-55, 56, 58. 59, & 60; and 5-9-011:001 Dear Mr. Yuen: We submit herein the Annual Progress Report on behalf of Kohala Ranch, LLC, which describes Petitioner's activities in compliance with various conditions which are contained in Ordinance No. 92 40, which became effective on January 24, 2002. The attached matrix sets Forth such conditions and the status of compliance with them. Please contact me if you should have any questions regarding the above. Very truly yours, TSUKAZAKI YEH & MOORS i R. SEN TS ZAI~ RBTar Enclosure xc: Kohala Ranch, LLC William L. Moore Kohala Ranch -Project 1 V Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments A The applicant, successors or assigns shall be responsible for complying Kohala Ranch acknowledges this with all of the stated conditions of approval. requirement. B The effective date of the rezoning shall be: Complied (I) when the applicant provides assurance satisfactory to the Departments According [o [he Planning of Water Supply (DWS) and Planning, upon consultation with the Department, the effective date of State Department of Health (DOH) and the DLNR, that a water the rezoning has been established as source(s) of sufficient quality and quantity has (have) been established January 24, 2002. within two years from the enactment of this ordinance; provided that a (Attachment Exhibit 1) maximum one-year extension maybe granted by the Planning Director with reasonable and sufficientjus[ification; and Attaclnnent 2 provides a summary (2) au agreement, together with the appropriate bond, surety or other of compliance with Condition B. security deemed acceptable by the Planning Director, is executed between the applicant and Che County through its DWS and Planning Department for the actual development of a proven source(s) and its water transmission and distribution system within one year from the official date of compliance with Condition B(1); provided that aone- year extension may be grained by the Planning Director with reasonable and sufficient Justification. C Upon compliance with Condition I3(!) and (2), the project shall be Kohala Ranch acknowledges this developed in two increments. The first increment shall consist of a requirement maximum of R08 residential unitsilots and the commercial zoned areas. The second increment shall consist of the remaining 682 residential traits/lots. Subdivision plans may be submitted for the second increment only after development has occurred in the first increment as determined by [he Planning Director. "Development" means that building permits have been issued for dwelling units/lots and construction has been partially completed to the extent [hat roads have been constructed on a minimum of 25% of the number of lots/units proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure [he County that the dwellings will be constructed by way of a surety bond, certified check or other security acceptable to the Corporation Counsel and the Planning Department. Upon final execution of such agreement and l fling of the security with the County, subdivision plans for the second increment may be submitted prior to actual constniction of the dwellin ~s in the first increment. D Upon compliance with Conditions B(I) and (2), subdivision plans for the Subdivision application for the first first zoned increment or portions thereof, shall be submitted to the increment of development was filed Planning Department within one year from [he effective date of the with the Planning Department on rezoning as deternned in Condition R and tentative subdivision January 13, 2003. (Attachment 3). approval shall be secured within one year thereafter. Kohala Ranch acknowledges the Final Subdivision Approval (FSA) shall be secured within two years conditions requiring it [o secure from [he date of submitting lnal subdivision plans. Tentative and Final Subdivision approval within [he stipulated time conditions. Kohala Ranch - Project IV Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments E A wastewater treatment plant shall be constmcted [o service the residential Kohala Ranch will comply with [his and commercial develo ments meetin with the a royal of DOH, re uirement. F A drainage system meeting with the approval of DPW shall be installed. Kohala Ranch will comply with this re uirement. G A L00-foot wide landscaping buffer shall be provided along the mauka and Kohala Ranch will comply with this makai boundaries of the project site. The mauka landscaping buffer area or requirement. portions thereof may be used for utilities and for roadway access to and through the project area to allow improved traffic circulation. The landscaping buffers shall be delineated on plans submitted for subdivision and dal recorded with the bureau of Conve ances (BOC). H Full channeliz_a[ion improvements at the Kohala Mountain Road-Kohala Kohala Ranch will comply with this Ranch Road intersection, including acceleration/deceleration lanes and a requirement. Work undertaken to left-turn storage lane, shall be installed meeting with [he requirements of date in compliance of this condition DOT-Highways Division. Intersection improvements shall be constructed includes completion of the within eighteen months of the effective dote of the rezoning as determined topographic survey, initiation of by Condition B. The cost of such improvements shall be borne by the design. applicant and shall nut he credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition R. 1 A traffic monitoring program of the Akoni Pule Flighway and Kohala Kohala Ranch has retained a traffic Ranch Road io[ersec[ion shall be coordinated by the applicant with DOT- engineer to develop a traffic Highways Division. Required improvements, as determined by the monitoring program in compliance findings of the monitoring program and approved by DOT-Highways with this requirement.. Division, shall be installed in a manner meeting with the approval ofDOT- Highways Division. 'Che cost of such improvements shall be borne by the applicant and shall not be credited to or deducted from the applicant's fair share contribution for road and tralTic improvements as required under Condition R. J The applicant may be required to participate in the construction of any Kohala Ranch acknowledges this regional roadway improvements pursuant to an adopted plan, provided that requirement. any costs borne by [he applicant shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts, as re aired in Condition R. K The applicant shall set aside a minimum of 5 acres of land within the Kohala Ranch will comply with this project site for active park and recreational uses. The active park site shall requirement. be improved by grading and grassing in conjunction with FSA of any residential subdivision and shall remain in private ownership. The park development, maintenance and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the De artment of Parks and Recreation. Kohala Ranch - Project IV Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments L A minimum ]4-acre nature park shall be set aside and established in Kohala Ranch will comply with this conjunction with FSA of the affected subdivision in the second zoned requirement. increment. A nature park development and management program shall be submitted for review and approval by the Planning Department, in consultation with DLNR, prior [o submitting subdivision plans for the affected portion of the second increment The nature park, maintenance and operational plan shall include, but not be limited to, deliuea[ion and rationale for park boundaries; identification of tree `ohai colony to be preserved; listing of native species to be planted within the park; proposed interpretive signage; and maintenance novisions. M The applicant shall construct or cause the construction of a park, not [o Kohala Ranch will comply with this exceed five acres in area, on land provided or caused to be provided by the requirement. County or State. The park, the cost of which shall not exceed $700,000, shall consist of necessary land area, grassed play field, restrooms, and other facilities as may be required by the County and shall be completed within eighteen months of the effective date of the rezoning as determined by Condition B, provided [hat the County may require other recreational facilities at equivalent cost [o be cunsnvcted if it is determined that community needs would be better served. In lieu of construction of [he facility, the Planning Department in consultation with [he Department of Parks and Recreation, may require the applicant to provide a contribution to the Coun in the amount of $700,000 for re Tonal recreation needs. N An historic preservation mitigation plan shall be prepared and submitted SHPD has approved the for approval by the Planning Department, in consultation with DLNR, prior Archaeological Mitigation Plan for to submitting plans fur preliminary subdivision or Plan Approval (PA) the initial development area. review. (Attachment 4). The plan shall consist of an archaeological data recovery plan and a The Mitigation Plan for the preservation plan. Approved mitigation measures shall be implemented remainder of the Project IV area has prior [o or in conjunction with any land alterations in [he project area. been submitted to SHPD and Plannin Attachment 5) O Sbould any unidentified sites or remains such as artifacts, shell, bone, or Kohala Ranch will comply with this charcoal deposits, human burials, rock or coral alignments, pavings or requirement. walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient miti alive measures have been taken. Kohala Ranch - Project IV Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments P To ensure the Goals and Policies of the Housing Element of the General Complied Plan are implemented, the applicant shall work with the Office of Housing and Community Development (OHCD) and the Planning Department to Hawaii CHA approved housing Connulate a housing plan for the development, which shall be consistent plan on August 29, 2002. with the housing policy of the Hawaii County Housing Agency (CFIA). (Attachment 6) This housing plan Ior shall be approved by [he County Housing Agency prior ro FSA of any portion of the residential zoned area. As part of this housing plan, [he applicant shall sntisfy up [o fifty percent (50%) of its affordable housing requirement in a manner meeting with the approval of the DHHL; provided that the satisfaction of [he housing requirements shall be related to affordable housing upo? DHHL lands at Kawaihae for households which qualify under the affordable housing income guidelines established by the Hawaii CHA. The applicant shall notify the CHA of any intent to sell, lease, assign, place in [rust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the C1 [A. In the event the applicant conveys an ownership, leasehold, or controlling development interest in any residential area prior [o [he approval of the housing plan by the Hawaii CHA, a pro rata portion of the affordable housing requirement, based upon unit density of the Innd affected by such sale, lease or eonveyancq shall be satisfied by au in-lieu payment by the applicant upon such conveyance of an ownership, leasehold or controlling development interest of that residential area. The in-lieu payment for the residential area shall be based on a maximum density for the residential area, as determined by the applicant with the concurrence of the Planning Director. Based upon 1991 dollars, the total in-lieu payment value for [he project, based upon the I,d)0 residential unit densit ro osed b the a licant is $11,371,680. Q As agreed to by [he applicant, restrictive covenants in the deeds of all the Kohala Ranch will comply with this residential lots shall prohibit the construction of ohana dwellings units. A requirement. copy of the proposed covenant(s) shall be submitted to the Planning Department for review and appro~ al prior to FSA of each residential subdivision. Written assurance Cor implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to [he Planning Department prior to FSA of each subdivision. A copy of a typically recorded covenant shall be filed with the Planning De artment within one ear from the date of FSA for each subdivision. Kohala Ranch - Project IV Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments R The applicant shall pay its fair share contribution to address potential Kohala Ranch will comply with this regional impacts of the project with respect to fire, police and solid waste requirement. Fair share disposal facilities and roads. The fair share contributions shall be initially contributions calculations are based based on the representations contained within the change of zone on 1,490 residential units. application and may be increased or reduced proportionally if unit counts Contribution amounts may be or commercial areas arc adjusted. The fair share contributions described reduced proportionately if fewer below shall be adjusted annually based nn the percentage change in the units are developed. Consumer Price Index (CP]). A pro rata portion of the contribution, based upon the unit density and commercial area of Che land affected, shall Applicant has provided a 7,500 become due and payable, at the discretion of County, in the event the sy.ft. lo[ for a Volunteer Fire applicant conveys an ownership, leasehold, or controlling development Station. (Attachment 7) interest in the land prior to receiving its initial subdivision approval or PA in [he proposed project. Subsequent ro the initial subdivision approval or PA, a pro rata portion of the contribution shall be paid by the applicant upon conveyance of an ownership, leasehold, or controlling development interest of any residential lot or unit or, in the case of commercial development, upon conveyance of an ownership, leasehold, or controllhtg development interest of any commercial lot or o? or before the issuance of a building permit for any commercial stntcture, whichever occurs first. The fair share contribution for each residential lot shall be based on a maximum density for each lot as determined by the applicant with the concurrence of the Planning Director. The Cair share contributions shall be as follows: (a) $520,000 to the County to support the fire protection functions in the Kawaihae region. In lieu of such contribution, the applicant shall, if required by the Fire Department, either (I) provide 2.5 acres of land on site for construction of a fire station or (2) apply the fair share contribution to secure land outside of the project area for the construction of a fire station; (b) $266,000 to the County to support police functions within the North Kohala-South Kohala region; (c) $4,020,000 to [he State or County [o support road and traffic improvements within North Kohala-South Kohala region. In lieu of paying the fair share contribution, for roads and traffic improvements, the applicant, with the concurrence of Planning Director and DOT-Highways Division, may construct certain oft-site irprovements to address regional roadway impacts; and (d) $235,00 to the County to support solid waste dis octal functions within the West Hawaii re ion. S The applicant shall develop a solid waste processing facility within the Kohala Ranch will comply with this project area to satisfy the solid waste disposal needs of the project. T'he requirement. KR has established a processing facility shall be open and operational prior to the occupancy of green waste facility within the the firs[ residential unit within the project area and shall be operated and project area. maintained privately. In addition, the applicant shall pay its fair share contribution of $235,000 as may be adjusted anm~ally based on the CPI. The fair share contribution shall be paid in accordance with the provisions in Condition R. Upon construction of a future solid waste processing facility serving the Kawaihae region, the applicant shall be entitled to use such public facility for the processing of the project's solid waste and may terminate the rivate facilit within the ro~ect area. Kohala Ranch - Project IV Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 "0 Condition Status/Comments T The applicant shall work with the State Department of Education and Kohala Ranch will comply with this Planning Department to provide its pro-rata share for school facilities. The requirement. pro-rata share determination and its implementation (i.e., construction of classrooms or funding) shall be approved by the Planning Director, in consultation with the Department of Education, in conjunction with FSA of an residential subdivtsion or PA for an area of develo ment. U The applicant shall disclose to all potential buyers of lots or units within Kohala Ranch will comply with this the proposed project that internal infrastructure and community facilities requirement. shall be developed and maintained privately and that [he County is not obli a[ed to construct an ublic facilities within the ro~ect area. V The applicant shall inform all prospective owners of units or lots within [he Kohala Ranch will comply with this project area that possible odor, noisq and other impacts may result from requirement. existing or fuh¢e a6~ricultural activities on surrounding or nearby lands which are zoned for a ~ricultural uses. W Traffic to and from the proposed project shall not be permitted, except for Kohala Ranch will comply with this emergency purposes, over Ala Kahua Road within the Kohala Estates requirement. subdivision, unless a majority of lot owners within Kohala Estates subdivision consent in writing to such use of Ala Kahua Road or unless Ala Kahua Road is dedicated to the Cotmty, and [he County allows such use. X Comply with the conditions of the State Land Use Commission's Decision Kohala Ranch will comply with this amlOrder. re uirement. Y Comply with all applicable laws, rules, regulations and requirements. Kohala Ranch will comply with this re uirement. Z Should the Council adopt a Unificd Impact Fees ordinance setting forth Kohala Ranch acknowledges this criteria for the imposition of exactions or the assessment of impact fees, condition. conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fecs Ordinance. AA An annual progress report shall be submitted to the Planning Department Kohala Ranch will comply with this prior to the anniversary date of the approval of [his change of zone. The requirement. report shall address in detail the status of the development of each area (including number of lots created and the number of units constructed) 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 and the Planning Uepu[ment acknowledges that further reports are no[ re aired. Kohala Ranch -Project IV Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 N° Condition Status/Comments BB An extension of time for the performance of conditions, except Condition Kohala Ranch acknowledges that B, within the ordinance may be granted by the Planning Director upon the time extensions may be granted. following circumstances: 1) the non-performance is a 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 of extension would not be contrary to the General Plan or the 7.oning Code; 3) granting of the time extension would not be contrary Iv the original reasons for granting f the change of zone; 4) the time extension granted shall be Cor a period not to exceed [he period originally granted for performance (i.e., a condition to be performed within one year maybe extended fur up to one additional year; and 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. Further, should any of [he conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezonin of the area to its on Final or more a ro riate desi nation. Kohala Ranch -Project [V Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments A Requires that applicant, successors or assigns shall be responsible for Kohala Ranch acknowledges this complying with all of the stated conditions of approval. requirement. B Establishes effective date of the rezoning upon assurance to the Complied Departments of Water Supply (DWS) and Planning that a water source(s) of sufficient quality and quantity has (have) been According to the Planning Department, established; and the effective date of [he rezoning has been established as .Ianuary 24, 2002. An agreement, together with [he appropriate bond, surety or other (Attachment 1) security deemed acceptable by the Planuing Director, is executed between the applicant and [he County through its DWS and Planning Attachment 2 provides a summary of Department for [he actual development of a proven source(s) and its cumpliance with Condition B. water transmission and distributions stem. C Provides that the project shall be developed in two increments. The Kohala Ranch acknowledges this first increment shall consist of a maximum of 808 residential requirement units/lots and the commercial zoned areas. The second increment shall consist of the remaining 6R2 residential units/lots. Subdivision plans may he submitted for the second increment only after development has occurred in the first increment as determined b the Plannin Director. D Requires submittal of subdivision plans for [hee first zoned increment Subdivision application for [he first or portions thereof within one year of effective date of rezoning increment of development was filed with (January 24, 2003). [he Planning Department on January 13, 2003. (Attachment 3). Further requires that tentative subdivision approval shall be secured Kohala Ranch acknowledges the within one year thereafter and Final Subdivision Approval (FSA) conditions requiring it to secure Tentative within two years from the date of submitting ffnal subdivision plans. and Final Subdivision approval within the sti Mated time conditions. F. Requires construction of wastewater treatment plant meeting with the Kohala Ranch will comply with this a royal of DOH. re uirement. F A drainage system meeting with the approval of DPW shall be Kohala Ranch will comply with this installed. re uirement. G Provides that a 100-foot wide landscaping buffer shall be provided Kohala Ranch will comply with this alon the mauka and makai boundaries of the ro'ect site. re uirement. H Requires Chat full channelization improvements at the Kohala Kohala Ranch will comply with this Mountain Road-Kohala Ranch Road intersection be constmcted requirement. Work undertaken [o date in within eighteen months of the effective date of the rezoning (July 24, compliance of this condition includes 2003). completion of the topographic survey, initiation of desi *n. I Requires that a traffic monitoring program of the Akoni Pule Kohala Ranch has retained a traffic Highway and Kohala Rzmch Road intersection shall be coordinated engineer [o develop a traffic monitoring by the applicant with DOT-Highways Division. Required program in compliance with this improvements, as determined by the findings of the monitoring requirement.. program and approved by DOT-Highways Division, shall be installed in a manner meeti? ~ with the a royal of DOT-Hi hwa s Division. Kohala Ranch -Project !V Change of Zone Ordinance No. 92-40 Status Report IvIarch 5, 2003 Condition Status/Comments J Provides that [he applicant may be required [o participate in the Kohala Ranch acknowledges this construction of any regional roadway improvements pursuant to an requirement. adopted plan. Further, any costs borne by the applicant shall be credited and limited [o the amount of its fair share contribution for re Tonal road and traffic im acts, as re wired in Condition k. K Requires that applicant provide a minimum of 5 acres park, including Kohala Ranch will comply with this grading and grassing, in conjunction with FSA of any residential requirement. subdivision. L Requires establishment of a 14-acre nanrre park shall i? conjunction Kohala Ranch will comply with this with FSA of the affected subdivision in the second coned increment. re uirement. M Requires that the applicant shall construct a park, not to exceed five Kohala Ranch will comply with this acres in area, on land provided or caused to be provided by the requirement. County or State., the cost of which shall not exceed $700,000, within I8 months of rezoning (July 24, 2003). The County may require other recreational facilities a[ equivalent cost to be constructed if it is determined that commm~ity needs would be better served. In lieu of construction of the facility, the Planning Departmeo[ in consultation with the Department of Parks and Recreation, may require the applicant [o provide a contribution to [he Count in the amount of $700,000 for re ~ional recreation needs. N Requires that a historic preservation mitigation plan shall be prepared SHPD has approved the Archaeological and submitted for approval by the Planning Department, in Mitigation Plan for the initial consultation with DLNR, prior to submitting plans for preliminary development area. (Attachment 4). subdivision or Plan Approval (PAl review. The Mitigation Plan for the remainder of the Project IV area has been submitted to SHPD and Plannin . (Attachment 5) O Requires that should any unidentified sites or remains such as Kohala Ranch will comply with this artifacts, shell, bone, or charcoal deposits, human burials, rock or requirement. coral alignments, pavings or walks be encountered, work in [he immediate area shall cease until archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. P Requires that a housing plan for [he development, which shall be Complied consistent with the housing policy of the Hawaii County Housing Hawaii CHA approved housing plan on Agency (CHA be approved by the County Housing Agency prior [o August 29, 2002. FSA of any portion of the residential zoned area. (Attachment 6) Q Requires restrictive covenants in the deeds of all the residential lots Kohala Ranch will comply with this rohibitin the construction of ohana dwellin s units. re uiremen[. R Requires the payment of a fair share contribution to address potential Kohala Ranch will comply with this regional impacts of the project with respect to fire, police and solid requirement. Pair share contributions waste disposal facilities and roads. The pro rata portion of the calculations are based on 1,490 contribution shall be paid by the applicant upon conveyance of an residential units. Contribution amounts ownership, leasehold, or controlling development interest of any may be reduced proportionately if fewer residential lot or unit or, in the case of commercial development, units are developed. upon conveyance of an ownership, leasehold, or controlling development interest of eny coirunercial lot or on or before the Applicant has provided a 7,500 sq.ft. lot issuance of a building perroi( for any commercial structure, whichever for a Volunteer Fire Station. occurs first. Attachment 7 Kohala Ranch -Project N Change of Zone Ordinance No. 92-40 Status Report March 5, 2003 Condition Status/Comments S Requires the establishment of a solid waste processing facility within Kohala Ranch will comply with this the project area to satisfy the solid waste disposa] needs of the requirement. KR has established a green project. The processing facility shall be open and operational prior [o waste facility within the project area. the occupancy of the tirst residential unit within the prgjec[ area and shall be o erated and maintained rivatel . T Requires the provision of its pro-rata share for school facilities as Kohala Ranch will comply with this determined by the Planning Director, in consultation with the requirement. Department of Education, in conjunction with FSA of any residential subdivision or PA for an area of develo ment. U Requires disclosure to all potential buyers of lots or units within die Kohala Ranch will comply with this proposed project that internal infrastructure and community facilities requirement. shall be developed and maintained privately and [hat the County is not obli sated to construct an ublic facilities within the ro~ect area. V Requires disclosure to all prospective owners of units or lots within Kohala Ranch will comply with this the project area that possible odor, noise, and other impacts may requirement. result from existing or future agricultural activities on surrounding or nearb lands which arc zoned fora =ricultural uses. W Provides that traffic to and from the proposed project shall not be Kohala Ranch will comply with this permitted, except for emergency purposes, over Ala Kahua Road requirement. within the Kohala Estates subdivision, unless a majority of lot owners within Kohala Estates subdivision consent in writing to such use of Ala Kahua Road or unless Ala Kahun Road is dedicated to the Count ,and the Count allows such use. X Requires compliance with the conditions of the State Land Use Kohala Ranch will comply with this Commission's Decision and Order. re uirement. Y Reyuires compliance wilt all applicable laws, rules, regtdations and Kohala Ranch will comply with this re uiremen[s. re uirement. 7 Provides that in the even[ the Council adopt a Unified Impact Fees Kohala Ranch aclmowledges this ordinance, rezoning em~ditions may, a[ the developer's election, be condition. satisfied by performance in accordance with the requirements of the Unified [m act Fees Ordinance. AA Requires submittal of an annual progress report addressing in detail Kohala Ranch will comply with this the status of the development of each area (including number of lots requirement. created and the number of units constructed) and the compliance with the conditions of a royal. BB Provides that extensions of time for the performance of conditions, Kohala Ranch aclmowledges [hat time except Condition B, within the ordinance may be granted by the extensions may be granted. Plannin Director under certain circumstances.