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PLANNING DEPARTMENT
I OI Pauahi Street, Suite 3 Hilo, Hawaii 96TLO-3043
!8O8)'dbt-828£3 Pax(~~'G8)961-87i'
June 3, 2003
R. Ben Tsukazaki, Esq.
Tsukazaki Yeh & Moore
85 W. Lanikaula Street
Hilo, Hawaii 96720
Dear Mr. Tsukazaki:
Change of Zone Ordinance No. 00-06 (REZ 939)
Applicant: Kaupulebu Makai Venture
Subject: Annual Progress Report for 2002
Tax Map Key: (3) 7-2-O10:por. 2, 8 & 9 and 7-2-012:002
This is to acknowledge receipt of your third annual report dated January 31, 2003 and your May
15, 2003 supplement to the third annual report as required by Condition Y of Change of Zone
Ordinance No. 00-06 (ORD 00-06). Thank you for the additional information requested in our
letter dated February 2l, 2003 necessary to satisfy Condition Y.
By copy of this letter we will forward your report, including the supplement, to the County
Council and Planning Commission for their reference.
We look forward to the submdtal of your client's next annual progress report on or before
January 27, 2004. Should you have questions, please feel welcome to contact Larry Brown or
Esther Imamura of my staff at 961-8288.
Sincerely, L
Comm. No. ZVJ
NCH STOPHER ,i. YUEN Ref. To:
Planning Director Ref. Uate-~N 2~~3
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R. Ben Tsukazaki, Esq.
Tsukazaki Yeh & Moore
Page 2
June 3, 2003
xc w/report & supplement: Hawaii County Council
Planning Commission
Planning Department -West Hawaii Offtce
TS! ikazaki Yeh & Moore e_ aeN rsuxAZnKi
i TTORNEYS ATLAW
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A Limited Liability Law Cumpanl fI[OMAB I_II. YGH
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87 W. I,anikaula Stree[ Hilo, Hnwafl 96720-4199 11ICHAGL W. MOORP
Telephone 1808) 961-0055 SAX 1808)')69-1531 mmoore Ca lavanel
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May 15, 2003 _
Christopher J. Yuen, Planning Director
county o: Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Ordinance No. 00 6
Change of Zone Application (REZ 99-022)
Applicant: Kaupulehu Makai Venture
Kaupulehu. North Kona. Hawaii
Dear Mr. Yuen:
In response to your letter dated February 21, 2003, this is to supplement Applicant's
Annual Progress Report with information that was requested in that letter.
The status of development as of December 31, 2002 is as follows:
1. Hales at Ke Alaula (Parcel lA]
TMKs (3) 7-2-21: 1 through 15
Single Family Residences (SFR)
Total SFRs 15
Total constructed 7
Total sold 4
'Dotal occupied 4
2. Villas at Ke Alaula (Parcel 1Bj
TMKs (3) 7-2-21: 16 (I through 17)
Multi-Family Townhomes
Total Multi-Family Units 17
Total constructed 17
Total sold 6
Total occupied 6
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Tsukazaki Yeh & Moore
ATTORNEYS AT LAW
A LimitedLiability Lew Company
Christopher J. Yuen, Planning Director
County of Hawaii
May I5, 2003
Page 2
3. Laueki Place Estates (Parcel 4)
TMKs (3) 7-2-22: 17 through 22
Lots
Total lots 6
Total lots sold 6
4. Laueki Estates (Yarcet 2)
TMKs (3) 7-2-22: 1 through 15
Lots
Total lots 15
Total lots sold 6
5. Anea (Parcel 51
Lots
Total lots 7
Total lots sold Not yet offered for sale.
6. Lipoa (Parcel 3)
Lots
Total lots 10
Total lots sold Not yet offered for sale.
7. Estate Villas at Hainoa (Parcel 6A)
Attached Condominiums (Duplex)
Total units 4 (under construction)
Total sold 0
8. Parcel 8
Lots
Total lots 3
Total lots sold 2
(Parcels 7, 9, 10 & 22 were not developed as of 12/31/02).
Ttiukazaki Yeh & Moore
ATTORNEYS AT LAW
A Limned Liability Law Company
Christopher J. Yuen, Planning Director
County of Hawaii
May 15, 2003
Page 3
Please contact me if you should have any questions regarding this information.
Very truly yours,
TSUKAZAKI YEH & MOORE
R. BEN TS ~ AZA I
RBT:mc
xc: Kaupulehu Makai Venture
Belt Collins Hawaii
Tsukazaki Yeh & Moore e eFNTSOKnznK~
A7 TORNEYS AT LAW cbi ~
n Limited Liability Law Company THOMAS L.H. YEH
Ov In vu.ncl
85 W. Lanikaula Street Hilu, Huwuii 96720 MICHAEL W. MOORE
Telephone' BOS) 961-0055 FAX (808) 969-1531 mmoorcC lecu.nei
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January 31, 2003 ' "
Christopher J. Yuen, Planning Director
County of Hawaii
1 Ol Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Ordinance No. 00 6
Change of Zone Application (REZ 99-022)
Applicant: Kaupulehu Makai Venture
Kaupulehu, North Kona, Hawaii
Dear Mr. Yuen:
We submit herein the Annual Progress Report on behalf of Kaupulehu Makai Venture,
which describes Petitioner's activities in compliance with various conditions which are contained
in Ordinance No. 00-6, which became effective on January 27, 2000.
Please contact me if you should have any questions regarding the above.
Very truly yours,
TSUKAZAKI YEH & MOORE
1~
R. BEN TS ZAKI ~
RBT:sr
Enclosure
xc: Kaupulehu Makai Venture
Belt Collins Hawaii
ANNUAL PROGRESS REPORT
Hualalai Resort
Project District Ordinance No. 00-6
Each of the Conditions of Approval are presented below, followed by a statement
addressing compliance by the applicant.
A. The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
Discussion: The applicant will comply with this requirement.
B. This project area shall be called the Hualalai Resort Project District. The development
period for the Hualalai Resort Project District will be 20 years from the effective date of
approval of the Project District Ordinance.
Discussion: The effective date of approval was January 27, 2000. The applicant
acknowledges that the development period will be twenty years from the effective date of
approval.
C. The Hualalai Resort Project District shall consist of not rnore than 279.179 acres for
residential, commercial, golf course, golf clubhouse and open space and ancillary related
development. Any amendment to this acreage shall require an amendment to the Hualalai Resort
Project District Ordinance.
Discussion: The applicant acknowledges that the Hualalai Resort Project District shall
not exceed 279.179 acres unless the ordinance is subsequently amended.
D. The maximum number of residential units to be allowed within the Hualalai Resort
Project District shall be 612 units. Any increase in the number of units shall require an
amendment to the Hualalai Resort Project District Ordinance.
Discussion: The applicant acknowledges that the Hualalai Resort Project District shall
be limited to a maximum of 612 residential units unless the ordinance is subsequently amended.
E. There shall be a 150-foot wide open space fronting Queen Ka'ahumanu Highway. A
copy of the metes and bounds, and proposed covenant(s) to be recorded in the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval, Final Plan Approval, or land alteration activities,
whichever occurs first. The approved covenant(s) shall be recorded in the Bureau of
Conveyances prior to the issuance of Final Subdivision, Final Plan Approval, or land alteration
activities, whichever occurs first A copy of the recorded covenant(s) shall be provided to the
Planning Department.
Discussion: The applicant acknowledges the requirements of this condition. The
applicant has established a L50-foot wide open space easement along Queen Ka'ahumanu
Highway as part of the approved Plat Map (FP 2180). A subdivision application for the Hualalai
Resort Project District was submitted to the Planning Department on September 21, 2000. The
application identified the existing I50-foot wide open space easement fronting the highway. The
applicant was granted Tentative Approval on December 13, 2000. Final Subdivision Approval
was granted on May 4, 2001. The plan was recorded at the Bureau of Conveyances as File Plan
2300 on July 30, 2001.
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.
Discussion: The applicant acknowledges the requirements of this condition. Disclosures
to all potential buyers shall be incorporated in the Project's CC&Rs.
G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance No. 96-
160 are to be allowed in the Hualalai Resort Project District within the 279. L79 acres for
residential, commercial, golf course and ancillary related developmcut:
1. Amusement and recreation facilities, indoor.
2. Art galleries, museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples and synagogues.
7. Day care centers.
8. Convenience stores.
9. Community buildings.
] 0. Display for products sold elsewhere.
11. Dwellings, single-family.
12. Dwellings, double-family or duplex.
13. Dwellings, multiple-family.
14. Farmers Market.
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 254-13 of the Zoning Code.
18. Major outdoor amusement and recreation facilities.
l9. Medical clinics.
20. Meeting facilities.
21. Model homes.
22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
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23. Offices.
24. Personal services.
25. Photography studios.
26. Public and private utility uses and structures.
27. Real estate sales offices.
28. Restaurants.
29. Retail establishments.
30. Schools.
31. Security gates and security stations.
32. Spa and Fitness clubs.
33. Telecommunication antennas and towers as permitted under Section 25-4-12 of
the Zoning ('ode.
34. Theaters.
35. Time share units, including units with fractional ownership and short term rental
units.
36. Utility substations, wastewater treatment plants, landscaping and plant nurseries,
and vehicle maintenance service yards.
37. Visitor information center.
38. 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.
39. Buildings and uses normally considered directly accessory to the uses permitted
in this section shall also be permitted.
Discussion: The applicant acknowledges the requirements of this condition and will
limit development to the permitted uses identified herein.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning Departments
Rule No. l7, Landscaping Requirements.
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 and
Commercial developments shall be 45 feet.
5. The minimum average lot widths shall be determined by the applicant in
conjunction with its development plans.
6. The minimum yards in the Hualalai Resort 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. Commercialllevelopment
(l) Front and rear yards, fifteen feet; and
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(2) Side yards, none, except where the adjoining building site
is a residential development site, when the side yard adjoins the
side yard of a residential development site, there shall be a
minimum side yard of eight Feet.
7. Exceptions to the regulations for the Hualalai Resort Project District regarding
heights, building site areas, and yards, may be approved by the Director within a
planned unit development, or cluster plan development.
8. The minimum off=street parking and loading space requirements for the Hualalai
Resort Project District will comply with the minimum standards as required by
the Zoning Code, including compliance with the American Disabilities Act
(ADA) requirements.
Discussion: The applicant acknowledges the requirements of this condition will comply
with the design standards identified herein.
1. 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 or commercial development in the Hualalai Resort Project District.
Discussion: The applicant has complied and will continue to comply with this condition.
As discussed above, Final Subdivision Approval was granted on May 4, 2001, and received
Final Plan Approval for the golf coarse on October 30, 2000.
J. Construction of the residential units, commercial development, golf course and other
related improvements shall commence only after Final Subdivision Approval or Final Plan
Approval has been secured from the Planning Director.
Discussion: The applicant has complied and will continue to comply with this condition.
As discussed above, Final Subdivision Approval was granted on May 4, 2001, and received
Fina] Plan Approval for the golf course on October 30, 2000.
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 and commercial strictures 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.
Discussion: The applicant shall comply with this condition. The water source for the
project has been developed and transmission lines have been iustallcd, pursuant to a water
resource management plan approved by the Department of Water Supply in August 3, 2000. A
Conservation District Use Permit for additional transmission lines was approved by the Board of
Land and Natural Resources on September 27, 2001.
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L. The interior roadway requirements for the Hualalai Resort Project District shall be
designed to resort standards as allowed by the Subdivision Code.
Discussion: The applicant has developed and shall continue to develop its interior
roadway system to resort standards as allowed by the Subdivision Code. The Department of
Public Works has agreed in concept to the road standards that have been proposed for the
Hualalai Resort Project District. Certain variations from the standards for the existing interior
roadways have been approved through the Planned-Unit-Development process.
M. Access(es) to the project site shall meet with the approval of the Departments of
Transportation-Highways Division and Public Works as follows:
1. A traffic monitoring program at the intersection of Queen Ka'ahumanu 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. If additional intersection improvements such as a fully
channelized intersection with acceleration/deceleration lanes are required as
determined by the findings of subsequent monitoring and analysis, the applicant
shall provide the improvements in conformance with the requirements of the State
Department of Transportation, Highways Division.
Discussion: Design of the fully channelized intersection at Queen Ka'ahumanu Highway
was approved the by the State Department of Transportation by letter dated March 30, 1994. A
traffic monitoring plan for the intersection was subsequently submitted to and approved by the
State DOT. The fully channelized intersection was constructed in 1995.
2. All internal roadways within the proposed development may be constructed in
accordance with the Resort Standards or other applicable provisions of the Zoning
Code and the Subdivision Code.
Discussion: See discussion under Condition "L° above.
3. A roadway connection to the adjacent property along the southwestern boundary
shall be provided meeting with the approval of the Department of Public Works.
Discussion: A roadway connection to the adjacent property along the southwestern
boundary is shown on the approved plat map (File Plan 2180).
4. No lots shall have direct access from the Queen Ka'ahumanu Highway except
through an access point approved by the State Department of Transportation.
Discussion: The applicant will comply with this requirement.
N. A detailed drainage study, if required, shall be prepared by the applicant for review and
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approval by the Department of Public Works prior to submittal of plans for Subdivision and/or
Plan Approval review of the residential and golf courses subdivisions. The study shall take into
consideration the file 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.
Discussion: The applicant will comply. A drainage plan was submitted to the
Department of Public Works as part of a golf course grading permit application on or about
August 11, 2000.
0. 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.
Discussion: A Solid Waste Management Plan was approved on April 30, 2001 by the
Department of Public Works.
P. A wastewater treatment system shall be constructed to service the residential and
commercial developments meeting with the approval of the Department of Health.
Discussion: The applicant will comply with this condition. The resort's existing
wastewater treatment plant will service the development proposed within the Hualalai Resort
Project District.
Q. An Emergency Preparedness and Response Plan shall be submitted for review by the
Planning Department in ca~sultation with the Fire Department and the Civil Defense Agency
prior to the issuance of a Ccrti ficate 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.
Discussion: The Hawaii County Civil Defense Agency approved the Hualalai Resort
Emergency Plan on September 23, 1999.
R. The applicant shall comply and implement the Final Comprehensive Public Access Plan
approved by the Planning Department.
Discussion: The applicant has implemented the public access, as amended on December
7, 2001, with the approval of the Planning Director.
S. 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 l 1, Article 1, Hawaii
County Code, relating to Affordable Housing Policy. This requirement shall be approved by the
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County Housing Agency prior to Final Subdivision approval of any portion of the residential
area.
Discussion: The County of Hawaii, through the Hawaii County Housing Agency,
approved the Affordable Housing Plan for Hualalai Resort on June 1, 1998.
T. An archaeological mitigation and interpretation plan shall be prepared and submitted,
with comments from Hawaiian community organizations, for approval by the Planning Director
and the Department of Land and Natural Resources-Historic Preservation Division prior to
submitting plans for subdivision review. The Plan shall consist of three subplans: (I)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. Approved mitigation measures shall be implemented prior to this
issuance of any land alterations permits Cor each phase of development within the project area.
Discussion: On August 3, 1999, the Historic Preservation Division of the State
Department of Land and Natural Resources approved the Archaeological Mitigation and
Interpretation Plan for Hualalai Resort.
U. 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.
Discussion: The applicant will comply with this condition.
V. 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 Unified Impact Fees Ordinance.
Discussion: The applicant will comply with this condition.
W. The applicant will comply with alt other applicable requirements of the Land Use
Commission conditions of approval and a copy of the written documentation of compliance with
these conditions shall also be submitted to the Planning Director.
X. Comply with all other applicable laws, rules, regulations and euquirements of affected
agencies for approval of the proposed development within the subject property.
Discussion: The applicant will comply with this condition.
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Y. An annual progress report shall be submitted to the Planning Director prior to each
anniversary date of the approval of this Project District Ordinance. 7'he 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 and the Director acknowledges that further
reports are not required.
Discussion: The information contained herein constitutes the Third Annual Report for
the Hualalai Resort Project District. To summarize its contents, during the past year the
applicant has been granted Final Subdivision Approval for Parcels 3, 5 and 8.. Various other
plans and documents have been submitted to the County in compliance with the conditions of
Change of Zone Ordinance 00-6.
Z. Twenty (20) years from the effective date of the Hualalai Resort 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 far
their review and action.
Discussion: The applicant will comply with this condition.
AA. 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 Codc.
(3) Granting of the tune 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 applicants request to the County Council for
appropriate action.
Discussion: The applicant acknowledges the terms of this condition.
BB. 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.
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Discussion: The applicant aclrnowledges the terms of this condition.
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