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Home My WebLink AboutCOM 0345.001 2002-2004 `OJ„~Y OF N„~G Harry Kim ~"li(istophei~.ll.}'iten Mayor Director 0~ N~~ '03 OCT 9 P(~ 2 44 Roy R. Takemoto COUI~Ues~~+9L~r'.~ (~uixix#~r 0~ ~M~1uZCtY OOUN1~" : IiA~^J^dl PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8258 Fax(808)961-8742 October 7, 2003 Mr. Gregory R. Mooers Mooers Enterprises P.O. Box 1101 Kamuela, HI 96743 Dear Mr. Mooers: Change of Zone Ordinance No. 94 20 (REZ 759) Applicant: Hale Wailani Paztners (Previously Nansay Hawaii, Inc.) Subject: Annual Progress Report Tax Map Kev~ 6-2-001 ~ 18 74 & 75 Thank you for the follow-up letter regarding the annual progress report dated September 22, 2003. By copy of this letter, we will forwazd your response to the County Council and the Planning Commission for their reference. We have the following comments: 1. Condition C: We appreciate the submittal of the settlement agreement between Bridge Aina Le'a and Hale Wailani Partners regarding water. In compliance with subsection (2) of Condition C, you will need to submit an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, executed between the applicant and the County through the Department of Water Supply and Planning for the actual development of a proven source and its water transmission and distribution system. 2. Condition E: Thank you for your submittal and compliance with this condition. 3. Condition H: Please have Mr. Ed Taira of the Office of Housing and Community Development (OHCD) confirm that there is no affordable housing requirement for Agricultural 1-acre zoning within a written confirmation for our records. Comm. No. • I Ref. To: Ref. Cote 1 n Z~U Mr. Gregory R. Mooers Mooers Enterprises Page 2 October 7, 2003 4. Condition L: Thank you for the response. We look forward to the submittal of the recreational plan. 5. Condition N: Thank you for your response. Please submit the Solid Waste Management Plan to the Department of Environmental Management for their review. 6. Condition Q: Although our letter dated July 10, 2001, stated that "while we have no objection to ultimately crediting these donations, we feel that further discussions are needed to define how and to whom these credits will be applied," it did not state that we have no objection to crediting the helicopter donation to your fair share contributions for Police and Fire services as stated in your letter. 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. It is still our position that the helicopter referenced in your annual report was to satisfy the golf course community benefit assessment condition for Use Permit No. 82 applied for and approved for the Nansay Hawaii, Inc. and will not be credited to this rezone action. If you have any questions, please feel free to contact Jeff Darrow ~t 961-8288. Sincer 1_y, f Y ~ .,.x'47 ~ L ~ ,`l CHRISTOPHER J. ~ N Planning Director JWD:syw P:\WPWIN60\JEFF\LettersWnnual Reports\LMooers-APR-REZ759(2).doc cc/]tr: Hawaii County Council V Planning Commission Planning Department-Kona Ministerial Division MOOERS ENTERPRISES, LLC P.O.BOxiiO1 [!nj C i<.aMUELA, HAWAII 96743 r (~i' ~ „ I. frnV I ~J~ ~ , ~~~il Scptembcr 22, 2003 ',s, Mc Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: 'Coning Ordinance 94-20 TMK: G-2-01:18,74&75 Annual Report Dear Mc Yueu: I am in receipt of your letter dated August 21, 2003, requesting additional information related to our annual report. Condition C. The applicant has provided assurances that the DWS has provided 49 units of water for the pending subdivision. You acknowledge this m your letter dated July 10, 2001. You also state in this letter that we have complied with this condition by stath~g, "While we jind that the landowner has met the performance ttmeframe for this particular condition, further subdivision of the subject property for the balance of the 225-lot project will be permitted only upon providing DWS with assurance of a satisfactory water source(s) with a related agreement and surety for its development that will support the balance of the 225-lot development. " Please confirm that we have complied with this condition as you previously determined, and that the threat of down zoning this property is not being considered as you stated in your 8/21/03 letter. We have always understood that we could develop the number of lots for which there was water available. I am enclosing a copy of the water agreement between Bridge Aina Le'a and Hale Wailani Partners that confirms there are a minimum of 300 additional units of water available for the subject property. This agreement was a result of the settlement of the lawsuit that also included the County of Hawaii. You can conlirni this with Deputy Corporation Counsel Katherine Garson who represented the County in this matter. Milton Pavao testified under oath that there was more than 1,000,000 gpd of water available for both of these developments from the three wells on the subject property. We will certainly provide the additional water at the time we seek to develop the additioual lots as required by the ordinance and the subdivision code. FHONE: (808) 885-6839 (Ag. FAX: (808) 885- t 574 ! ~ EMAIL: GMOOERS@HAWAII.RR.GOM / q~ Mc Chris Yuen September 22, 2003 Page Two Condition E. This approval letter was previously provided to your department. I met with Jeff Darrow of your deparhnent and showed lum the approval letter from DLNR-SHPD. He was under the impression that the Burial Council was not an agency of DLNR-State Historic Preservation Division. I believe that this has beta clarified. Condition H. According to County Housing Policies and Ordinance No 98 1, there is no affordable housing requirement for Agricultural 1-acre zoning. I have confirmed this with Ed Taira of the Office of Housing and Conmmnity Development. Condition L. I have had discussions with Pat Englehard and she has indicated that she would like to explore the impact related fees as opposed to constructing a park facility in this area. I will continue to work with P&R to develop a plazi or a proposal to be submitted to Planning. Condition N. This plan was submitted to Planning and the Department of Public Works on February 26, 2001. I am submitting another copy for your reference. I have had discussions with members of Public Work's staff over the last two years and they have not reviewed this document. The plan was addressed to Planning and perhaps the copy I am providing you should be forwarded to the new Department of Environmental Management for their coirunents. Condition Q. Your letter dated July 10, 2001, states that you have no objection to crediting the helicopter donation to our fair share contributions for Police and Fire services. We would like to understand why a contribution of such value ($1,255,000) which is many times the assessed fee can be disregarded when we do not intend to build the golf course under Use Permit 82. Your statements in the August 21, 2003 letter are clearly contrary to your previous letter. Would you please clarify your position on this matter. We would like to meet at your convenience to review condition Q and all pending fair share assessments. Please ask your secretary to contact me with a meeting time. I will continue to update you with our progress on the recreation plan. Should you or your staff have questions, or require additional information, please contact me directly. Sine rely, /f !'~~G ~ti"F-- Grego R. ooers President GRM:jy Copy: Hale Wailani Partners, LP