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HomeMy WebLinkAboutCOM 0345.000 2002-2004 ,,.SY Oi y4~' F Harry Kim Christopher J. Yuen Mayor Direclnr DTI Ol~Mr~ i ~ Ro R. Takemoto '03 SEP 9 PPI 1 2(~e„a>voi,rcr„r (~nixix#~r a~ ~ttflrttii PLANNING DEPARTMENT COU:. <<- ~~,r~ COUNT, ~i ti':~r!~,^JI 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 August 21, 2003 Mr. Gregory R. Mooers, President Mooers Enterprises PO Box 1101 Kamuela, HI 96743 Dear Mr. Mooers: Change o1' Zone Ordinance No. 94 20 (REZ 759) Applicant: Hale Wailani Partners (Previously Nansay Hawaii, lnc.) Subject: Annual Progress Report Tax Map KeY: 6-2-001: 18, 74 & 75 Thank you for the annual progress report, as required under Condition U of the above referenced ordinance. By copy of this letter, we will forward your report to the County Council and the Planning Commission for their reference. We have the following comments: There are several conditions that have not been met and the responses to the status of these conditions have been the same for the past 3 to 4 years. 1. Condition C: hl our letters dated July 10, 2001(one in response to a submitted annual progress report and one in response to Subdivision Application No. 99- 022), we stated that confimtation of an adequate water source to support the entire 225-lot development is needed to allow further subdivision of the property. As of the above listed date, we have not received this confirmation nor have we received an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director as required by Condition C (2). You have been given three (3) time extensions for Subdivision No. 99-022. The last extension will end on April 13, 2004. 1f you are intending to provide confirmation for an adequate water source to support the entire 225-lot Comm. No.~~ Ref. To: Ref. Uate r_.____-_._~--~ Gregory R. Mooers, President Mooers Enterprises Page 2 August 21, 2003 development and an agreement with an appropriate, surety or other security deemed acceptable by the Planning Director, you will need to submit a request for a time extension to the Planning Commission (original and twenty copies) and the filing fee of two hundred and fifty dollars ($250), otherwise we will have no choice but to initiate the rezoning of this property to the original or more appropriate designation. 2. Condition E: In our letter dated April 24, 2002, we requested a copy of the approval letter of the Burial Treatment Plan from the Burial Council. Although we received other letters, we did not receive a copy of this letter. We are again requesting a copy of the approval letter. 3. Condition H: You have given the same response to this condition for the past 4 years. Please contact the Office of Housing and Community Development (OHCD) and provide us with an updated status report to this condition. 4. Condition L: The Planning Department has not received a recreational plan as required within this condition. Please submit the recreational plan. 5. Condition N: According to the annual progress reports since January 2001, a Solid Waste Management Plan was submitted to Public Works for their review. Please provide us with an updated status to this condition and/or a copy of the approval letter. 6. Condition Q: The fair share contributions will need to be satisfied in conjunction with the receipt of final subdivision approval of the proposed development. The amounts to satisfy this condition, including impact fees generated by Condition R improvements will need to be addressed prior to final subdivision approval. The helicopter referenced in your annual report was to satisfy the golf course community benefit assessment condition for Use Permit No. 82 and will not be credited to this rezone action. Gregory R Mooers, President Mooers Enterprises Page 3 AugusC 21, 2003 We would appreciate a response to these requests as soon as possible. If you have any questions, please fee] free to contact Jeff Darrow at 961-8288. Sincerely, f ~ ~ x,. CHRISTOPHER J. `~UE:N Planning Director JWD:pak P:\WPWIN60\7EFF\Letters\Annual Reports\LMooers-APR-REZ759.doc cc w/copy of letter: Hawaii County Council Planning Commission Planning Department-Kona MOOERS ENTERPRISES, LLC P.O.Box1iO1 KgMUeLq, Hgwgii 96743 .'I- _ 12 5Y ~ ~ ' -~1T August 11, 2003 C ~ ~ ~ ~ ; !i Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Zoning t1a•dinance 94-20 TMK: 6-2-01:18,74&75 Annual Report Dear Mr. Yuen: [ am an agent for Hale Wailani Partners, LP, the owner of the subject property identified above. Pursuant to ordinance number 94-20 I hereby am submitting the annual report in satisfaction of cordition "U". I will review the status of compliance with each of the conditions of Approval. (A) the applicant, its successors or assigns be responsible for complying will: all of the stated conditions of approval; We will comply with all stated conditions of approval. (Bl the applicantshall in(lemnify and hold the County of Hawaii harmless from and against any lass, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, .,.~.t.!Irerranc ^-^.t*!raCfnrc nn(1 agents (tndvC fll/Q (~r(linrr!ire nY relatinP to nY ConneCle(l with the granting of this ordinance; We will comply with this condition. C) the effective date of the rezoning, except as otherwise conditioned in the following subsections, shall be (I) rvlten the applicant provides assurances satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Depm•ment of Health and the Department of Land and Natural Resources, that a water sor(rce (s) of sufficient quality and quantity has (Jzave) been established within two years from the enactment of this ordinance; provided that a maximum one year extension may be PHONE: (808) 885-6839 r~ FAX: (808) 885- 7 574 - - EMAIL: GMOOERS@HAWAILRR.COM Mr. Christopher Yuen August 11, 2003 Page "two grmzted by the Planning Director with reasonable and sufficient jzrstification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source and ils water transmission and distribution system within one year for the official date of compliance with condition C (1); provided that a one year extension may be granted by the Planning Director with reasonable and sufficient justifecation; fhe previous owner of this property never completed the potable water wells as previously a_.t:, ipated. I~.Jy c':.,nt has .;;ntactcd t"e Depart...ent of VJatcr Supply- aa., un Ju,.~ 24, :998 was notified that 49 units of water could be made available to the subject property. The owner is now in negotiation with the Department of Water Supply for the use of the well sites located on the property. We believe that since the Department of Water Supply notified us that water is available to the project on June 24, 1998, that this should be considered the effective date of the zoning per this condition. (D) tlae plans for the proposed szbdivision shall be submitted to the Planning Director within three (3/ years from the effective date of the rezoz:ing. The proposed subdivision shall not exceed a maximum limit of 225 one acre sized Zots. Upon granting Final Subdivision Approval of these lots, the Planning Director may initiate an amendment to the zoning of the golf course into a more appropriate zozzing classification; The owner submitted a subdivision application February 4, 1999 and received Tentative Subdivision Approval April l3, 1999. Recent litigation has delayed the applicant's ability to comply with all conditions, but once the suit is finalized the applicant will comply with the remaining conditions. (E) a detailed Historic Preservation Plan shall be submitted to be reviewed and approved by the Planning Department, in consuhation with the State Department of hand and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. This Plan shall consist of a detailed archaeological data recovery plan (scope of work with research design) and a detailed preservation plan. The Planning Department and the State of Hawaii's Historic Preservation Division shall verify in writing the successful execution of the plan, prior to Zand altering activities in the area of historic sites. Proposed mitigation treahnent (preservation in place or disinterment /reinterment) for burial sites must be approved by the Historic Preservation Division's Hmvaii Island Burial Council before detailed mitigation plans are finalized for these sites: Mr. Christopher Yuen August 11, 2003 Page Three We have completed the archaeological survey and it has been submitted to DLNR-Historic Preservation Division for their review. We received approval from State Historic Preservation for the Preservation Plan on January 18, 2001. We received an approval for the Burial Treatment Plan from the Historic Preservation Division dated September 20, 2001. (F) should any unident fed sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or 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 mitigative measures have been taken; We will comply with this condition while constructing the project. (G) access to the property from Kawaihae Road shall meet with the approval of the Department of Transportation, Highways Division and the interior roadways shall comply with tl:e roadway standards of the Department of Public Works; We have engineered the necessary improvements and the agencies have signed the construction drawings to indicate their concurrence that we have complied with this condition. !'our office certified the construction tracings on January 18, 2000. (H) to ensure tl:e Goals and Policies of the Housing Element of the Genera[ Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housing and Community Development, that the applicant's affordable housing requirements, if any, have been agreed to prior to the issuance of Final Subdivision Approval; Nansay Hawaii, the previous owner, worked with the County Housing Agency to provide affordable housing at Ouli Ekahi and provided additional land for the on-going self=help housing project. We are contacting OHCD to determine what arrangement was made related to housing credits and to whom those credits no~v belong. We believe the contributions related to the Ouli Ekahi project and the on-going self-help project adequately address the requirements of this condition. (I) as represented by the applicant' restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on eae1: lot. A copy of the proposer! covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an Conveyances likewise prior to final subdivision approval; Mr. Christopher Yuen August 11, 2003 Page Four We will comply with this condition at the time that lots are created. The covenant will be submitted to the Planning Department for review and approval prior to final subdivision approval. (.i) nn overall landscaping master plan, which includes Landscaping along Kawaihae Road and a program for the maintenance of the landscaping master plan, shall be submitted to the Planning Directorfor review and approval, in consultation with the Chief Engineer prior to the issuance of final subdivision approval and/or final plan approval, whichever occurs first; We propose xeriscape landscaping to minimize the use of irrigation water in this arid area. This would allow the project to blend with the existing native vegetation and minimize the visual impact of the development. We suggest two exceptions to this policy. The first is an entry feature landscaping plan that may be integrated with a planting along the primary roadway. 'fhe second could possibly be the establishment of a landscape buffer and windbreak along the mauka boundary with the affordable housing projects. We will submit these plans for review prior to plan approval as required by this condition. (K) The applicant shall consider installation of bike lanes throughout the project as a means of addressing pedestrian and bicyclist safety; Given the rural nature of this subdivision and the wide grass and paved swales in the adjoining subdivisions of Anekona and Kanehoa, we believe the most appropriate treatment of the roadways is to continue with a Swale roadside. The low volume of interior roadway traffic and the 50' right-of--way provide the requested safety for the pedestrians and bicyclists. (L) to ensure the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall formulate a recreational plazz to address the impacts of the project for review and approval by the Planniug Department, in consultation with the Departs: cent of Parks ana l Recreation prior to sub:zzit rzg plazts foz• zzLdivisian f any portion of the subject property. The recreational plan shall be cozzsistent with Chapter 8 Article 1, Park Dedication Code. The implementation of the Recreational Plan shall be completed in conjunction with each phase of development of the subject property; The County typically has not imposed this condition on agricultural lots with the thought being that residents on large lots normally have adequate space for their children to recreate on their own property. The owner may consider providing acreage adjacent to the Mr. Christopher Yuen August 11, 2003 Page Five higher density Ouli Ekahi project or the self-help project for recreational purposes. In lieu of improvements the Council has recently been imposing a impact related fee. We believe the community contributions made in conjunction with this project should be considered when evaluating this condition per condition "Q" of this ordinance. (M) a drainage system shall be installed meeting with the approval of the Department of Public Works; The owner will comply with all conditions placed on the project by the Department of Public Works as related to drainage. (N) that a Solid Waste Management Plan meeting with the approval of the Department of Public Works shall be submitted prior to Final Subdivision Approval of the proposed development; Phis plan has been submitted to Public Works for their review and approval. (O) the applicant shall construct all on site and ofjsite sewer improvements required by the Department of Public Works anti the State Department of Health; We have had meetings with the Department of Health and will comply with their regulations when constructing this subdivision. (P) In lieu of actual construction of improvements as required in Conditions G. L and N, the applicant may enter into an agreement with the Planning Department to assure the County that t/te infrastructural improvements will be constructed by way of a development agreement, surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement andlor filing of the security with the County, Final Subdivision approval for the proposed develc,,t;tent rtay be granted prior to the ac?nul construction f requir~rd i,.frrtstructural improvements; We will make a determination related to the timing of improvements and the possible use of bonding at the time we request final subdivision approval. (Q) the applicant shall provide its fair share contribution to address regional impacts of the project with respect offrre. police, solid waste disposalfacilities, and roads. Thefairshare contribution shall be initially based on the representations contained wllhin the change of Zone application and may be increased or reduced proportionally if dwelling unit counts are adjusted The fair share contributions described below Mr. Christopher Yuen August 11, 2003 Page Six shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HOPI). A pro rata portion of the contribution, based upon the density shall become due and/or payable, at the discretion of the County in the event the applicant conveys an ownership, leasehold, or controlling development interest in the affected land prior to receiving its initial subdivision approval of the proposed development. Otherwise, said contribution shall be satisfted in conjunction with the receipt of final subdivision approval as the case may be, of the proposed development. The fair share contribution for each residential unit shall be based on the maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contributions in a form of cos/t, land, facilities, or any cr~mbination thereof shall have the following maximum value: (1) $71,096 for fire protective services; (2) $35,996 for police protective services; (3) $662,985 to support state and county road and traffic improvements within the South Kahala region; (4) $31,127 to support county solid waste disposal functions within the West Hawaii region. In lieu of paying the fnir share contribution, the applicant may construct such improvements/facilities meeting with the approval of the appropriate agency. Any contributions required by the ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developmezzts thnt require infrastructz[ral impact contributions; All improvements required to improve the intersection referenced in condition "J"(estimated to be $500,000) we believe should be credited to these amounts. In addition a helicopter was donated by Nansay Hawaii as a community benefit assessment for the Golf Course Use Permit. At this time this owner does not intend to build such a course, we believe the $1,255,000 donation should be credited and more than adequately addresses the impact-related fees associated with this condition. R) should any infrastructure improvements related to Waimea-Kawaihae Road be required of future developers, the applicant, its successors or assigns of the subject property shall pay for tlzei!• pro rata share of improvements, as determined by the Planning Director. The pro rata share determination and implementation shall be approved by the Planning Department in consultation with the Department of Public Works and shall be credited to the applicant's state and county road and traffic improvements as required under condition Q; Phis condition verifies that we should receive impact related fee credit for the proposed intersection improvements on Kawaihae Road. We will comply with the improvements required by the Department of Transportation. See approved construction tracings. (S) In the event that the State Department of Education adopts atz educational facilities impact fee program, the applicant shall participate; Mr. Christopher Yuen August 11, 2003 Page Seven We are not aware of the county imposing such a fee. If a new policy that affects all rezonings is established and universally enforced, we will also comply. ("f) comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; We will comply with all agency rules. (U) an annual progress report shall be submitted to the Planning Director prior to the grtzziversazy~„date a,/'!Iz~ ordinance. The report shall irxlude, but naat be linzifed ia, the status of development and to what extent the conditions of approval are being complied with. This conditioza shall remain in effect until all of the conditions of approval have been complied with and t{:e Planning Director acknowledges that further reports are not required; This letter serves to satisfy this condition. (V) should the council adopt a Unified Impact Fee Ordinance setting forth criteria far the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards t/:e requirements of the Unified Impact Fee Ordinance; and W'e will comply with this condition should a Unified Impact Fee Ordinance be passed. We understand that all requirements of this ordinance will be credited toward any amount that may be imposed. (W) nn 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 applicants, successors or assigns, and that are not tlxe result of their fault or negligence; ~j granting ,~f the time extension wool: rat be cottrary to tine general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for granting of the change of zone; 4) the time extension gratxted s/call 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); and 5) if the applicants{zould require an additional extension of time, the Planning Director shall submit the applicaztt's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, t/ie Director shall initiate rezoning of t/:e area to its original or more appropriate designation. Mr. Christopher Yuen August 11, 2003 Page Eight Your letter dated May 16, 2002 granted a time extension to comply with all conditions of the tentative approval letter dated April 13, 1999, until April 13, 2004. Should you or your staff have any questions related to this annual report, please contact me directly. Sincerely, rT'~'~o Y MjcviODCJ"r President GRM:JY