HomeMy WebLinkAboutCOM 0478.000 2002-2004 ~~tr or y,~
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Harry Kim V Christopher J. Yuen
Mayan
Director
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Roy R. Takemoto
Deputy Dircanr
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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
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January 21, 2004 7 ~ ~f-
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Mr. James M. Leonard, AICP
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PBR Hawaii ~
101 Aupuni Street W
Hilo Lagoon Center, Suite 310
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Hilo, HI 96720-4276 ~ o
Dear Mr. Leonard:
Change of Zone Ordinance No. 98-129 (REZ 904)
Applicant: Hawaiian Development Corporation (HDC)
Subject: Annual Progress Report for Mohala Commercial Villages
Tax Map Key' 7-5-003: Portion of 006 & 007
Thank you for your recent submittal of the annual progress report dated December 11,
2003, as required by Condition O of the above-listed ordinance. We will be forwarding a
copy of the submittal to the Planning Commission and the County Council.
Your next annual progress report will be due on or before December 7, 2004. If you have
any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincerel ,
CHRISTOPHER J. Y"iJ!~N
Planning Director
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cc/ltr: Hawaii County Council ~
Planning Commission
Planning Department-Kona
Comm. No._ 4=.
Ref. To:
Ref. Uate .IAN 2 6 20f1E
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December 11, 2003
1' r•;nl ' n 55
LAND PLANNING ' ' ` - -
LANDSCAPEARCHRECTURE
ENVIRONMENTAL STUDIES Mr. Christopher Yuen, Director _
Planning Department ~ ~`I ~
County of Hawaii ~i
WM. FRANK BRANDY, FASLA 101 Pauahi Street, Suite 3 , - ,
CHAIRMAN HIIO, Hawaii 96720
TxoMAS s. wIITEN, ASLA SUBJECT: ANNUAL PROGRESS REPORT
PRES,nENT MOHALA COMMERCIAL VILLAGES
R. STAN DUNCAN, ASLA TMK (3)7-5-3:006
Execurrve vice-PRESmerlr ORDINANCE NO. 98-129, CONDITON O
RUSSELL Y.J. CxuNG, ASLA
Execurrve VrcE-PResmeA~ Dear Mr. Yuen:
VINCENT $NIGEKUNI
PRINC/PAL In meeting the requirements of Condition O of the subject Ordinance, the following is
JAMES LEONARD, AICP being submitted on behalf of Hawaiian Development Corporation (HDC), as their Annual
PR,NCma[. Progress Report on the status of development for the Mohala Commercial Village and
A¢o oFFrcE compliance with the corresponding conditions of approval of Ordinance No. 98-129.
GRANT MuRAKAnv, AICP Status of Development
SENIOR ASSOC/ATE
ToM ScxNEI,c,AICP In February 2002, an approximately 12-acre portion of the property that was rezoned to
AssocraTE General Commercial (CG-20) under County Ordinance No. 98-129 was sold to Lowe's
RAYMOND T. HIGA, ASLA HIW, Inc. Also in early 2002, HDC submitted an application to further subdivide the
AssocaTE remaining portion of the commercial zoned property and received Tentative Subdivision
xE~tN NrsxncnwA, ASLA Approval on October 16, 2002.
AssoeiaTE
One of the conditions of the Tentative Subdivision Approval (Condition 11) was to submit
a revised Traffic Impact Assessment Report (TZAR) for the review and approval of the
Director of the Department of Public Works (DPW). Additionally, the condition required
that those improvements that were necessary for the connection to Malulani Drive and
those improvements necessary to support the proposed subdivision, as recommended
HDNaWCO OreICR ~ by the approved TZAR, be constructed or bonded prior to Final Subdivision Approval.
1001 BISHOP $'IReHr
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"oxoLULV,HAWIV'i9b8}3d484 The revised TZAR was approved by DPW on January 24, 2003. HDC has completed all
TEL: teoels21se31 on-site roadway improvements and the remaining off-site improvements to Malulani
Fqx..( 0815,231402
B-m,i?:ars°G~nRwalc«m Drive and plans to bond the Malulani Drive/Queen Kaahumanu Highway intersection
improvements prior to Final Subdivision Approval. All other on and off-site infrastructure
improvements, as required for Final Subdivision Approval, are completed including those
X100"""~ draina a related im rovements as re uired b the Conditional Letter of Ma Revision
to1Av~msaear 9 P q Y P
Hu.ol.!+o9dxCErr~:~:ws5utie310 (CLOMR) issued on July 25, 2001 by the Federal Emergency Management Agency
""°~°"~""~~'~~d.axuz FEMA . HDC and Lowe's HIW, Inc. have com Ieted the re uired subdivision
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PAx>{sAet nelavsg improvements and expect to obtain Final Subdivision Approval in early 2004. HDC
>;-MiAE;.,pbiwla~hvauel plans to sell the remaining commercial zoned property subsequent to the Final
Subdivision Approval.
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Mr. Christopher J. Yuen
SUBJECT: ANNUAL PROGRESS REPORT; MOHALA COMMERCIAL VILLAGE; TMK (3)7-5-
3-006; ORDINANCE NO. 98-129, CONDITION O
December 11, 2003
Page 2
Regarding the developer's compliance with the conditions of approval, we offer the following
summary.
Compliance with Conditions
A. The petitioner, its successors or assigns, shall be responsible for complying with all
conditions of the Change of Zone.
Response: The development will comply with the conditions of approval as set
forth below.
B. The petitioner, its successors or assigns, shall be responsible for complying with
applicable conditions of the State Land Use Boundary Amendment (SCUBA) Decision
and Order in Docket No. A94-705. The petitioner, its successors or assigns shall
provide a minimum 20-foot buffer from the property line along the Great Wall of Kuakini,
and shall remove the rocks from the wall by other than mechanical means.
Response: The applicant is in compliance with the applicable conditions of the
SCUBA Docket No. A94-705. Compliance with the SCUBA conditions
has previously been addressed through separate annual reports
submitted by the Planning Department to the State Land Use
Commission. We note that a report for the year 2003 has yet to be
submitted by the County Planning Department. A 20-foot buffer has
been established along the boundary with the Kuakini Wall and is
reflected in all development plans for this portion of the property.
C. The required water commitment payment shall be submitted to the Department of Water
Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90)
days from the effective date of the Change of Zone Ordinance.
Response: A water commitment payment meeting the requirements of
Condition C, was submitted to the Department of Water Supply on
May 30, 2003. HDC also requested and received a one year
extension of the water commitment to May 31, 2004. A copy of the
extension approval is attached for reference.
D. Final Subdivision Approval shall be secured within five (5) years from the effective date
of this Change of Zone Ordinance.
Response: In meeting the requirement of Condition D, HDC received Final
Subdivision Approval (No. 7403) for the first increment of
commercial development on May 2, 2001. As noted, HDC also
submitted an application to further subdivide the Commercial Zoned
parcel in early 2002 and received Tentative Subdivision Approval on
October 16, 2002. HDC has completed the required subdivision
improvements and is currently awaiting Final Subdivision Approval.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; MOHALA COMMERCIAL VILLAGE; TMK (3)7-5-
3:006; ORDINANCE NO. 98-129, CONDITION O
December 11, 2003
Page 3
E. Construction of the proposed development shall be completed within five (5) years from
the effective date of this ordinance. Prior to commencing construction, Final Plan
Approval for the proposed development shall be secured from the Planning Director in
accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify the proposed
structures, vehicular traffic, paved driveway access and parking stalls associated with
the proposed use. Landscaping shall also be indicted on the plans and be provided for
the purpose of mitigating any adverse noise or visual impacts to adjacent properties.
Response: The requirements of Condition E were further clarified in a letter
from the Planning Director dated 7/22/03 which states, in part:
"We will interpret the meaning of "construction'; as being the
completion of construction of the Lowe's Home Improvement
Warehouse including the roads and infrastructure required.
Final Plan Approval was issued on February 13, 2001. The
effective date of Ordinance 98-129 (REZ 904)was December 7,
1998 and "construction" of the proposed development shall
be completed by December 7, 2003."
In meeting the requirements of Condition E, construction of Lowe's
Home Improvement Warehouse, including the roads and
infrastructure required for this project were comp/eted on November
21, 2003 .
F. All roadways within the proposed development shall be improved with curbs, gutter and
sidewalk improvements meeting with the approval of the Department of Public Works.
Response: All roadways within the proposed development are being
constructed in a manner meeting the approval by the Department of
Public Works (DPW), as requested in accordance with the DPW
approved project construction plans for this project.
G. All accesses, including intersection improvements, shall meet with the approval of the
Department of Public Works.
Response: A//accesses, including intersection improvements are being
constructed in a manner meeting with the approval by the
DepaKment of Public Works. Plans for the access and intersection
improvements have been reviewed and approved by the Department
of Public Works including preliminary plans for the intersection of
Malulani Drive and Queen Kaahumanu Highway. HDC and its
engineers are working closely with DPW, Trafttc Division, and State
Department of Transportation, in the completion and approval of
construction plans for this intersection.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; MOHALA COMMERCIAL VILLAGE; TMK (3)7-5-
3:006; ORDINANCE NO. 98-129, CONDITION O
December 11, 2003
Page 4
H. The additional left-turn lane for the west-bound traffic turning south onto Queen
Kaahumanu Highway shall be accommodated by converting the existing through lane
into a shared left/turn/through lane, along with restriping to the intersection and
changing the existing signalization, subject to the approval of the Department of Public
Works and the State Department of Transportation.
Response: The proposed improvements to the intersection of Henry Street and
Queen Kaahumanu Highway, as delineated in Condition H, have
been implemented by the County DPW.
I. Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant, meeting
with the approval of the Department of Public Works.
Response: As a component of the project development, sewer lines to connect
with the Kealakehe Wastewater Treatment Plant have been installed
in a manner meeting the approval by the Department of Public
Works.
J. A Drainage Study shall be prepared for review and approval by the Department of Public
Works. The Drainage Study shall be submitted to FEMA and a letter of map revision
(LOMR) or a Physical Map Revision (PMR) shall be issued prior to construction, if
required.
Response: A Drainage Study was submitted fo DPW and FEMA as part of a
CLOMR application. As noted, HDC has completed the prescribed
drainage improvements, as recommended in the approved Drainage
Study and is awaiting a LOMR from FEMA.
K. A Solid Waste Management Plan for the proposed development within the subject
property shall be prepared and submitted for approval to the Department of Public
Works prior to securing Final Subdivision Approval or Final Plan Approval, whichever
occurs first. A copy of the approved Plan shall be submitted to the Planning Department
for its files.
Response: A copy of the Solid Waste Management Plan for the initial
commercial development has been submitted by Lowe's engineer to
the Department of Public Works for approval. A revised Solid Waste
Management Plan, responding to DPW's initial comments was
submitted on May 1, 2001. A copy of the same has been provided
to County Planning Department.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; MOHALA COMMERCIAL VILLAGE; TMK (3)7-5-
3:006; ORDINANCE NO. 98-129, CONDITION O
December 11, 2003
Page 5
L. An overall Landscaping Plan, which includes landscaping along the interior subdivision
roadway and a program for the maintenance of the Landscaping Master Plan, shall be
submitted to the Planning Director for review and approval, prior to issuance of Final
Subdivision Approval or Final Plan Approval, whichever occurs first.
Response: In meeting Condition L, a Landscape Plan was submitted by this
office with the plans for Final Plan Approval for the initial
commercial development Final Plan Approval for the initial
commercial development (Lowe's) was received on February 15,
2001.
M. Comply with all other applicable laws, rules, regulations and requirements of the affected
government agencies for the proposed development.
Response: The proposed commercial development of the Mohala property will
comply will all other applicable laws, rules, regulations and
requirements of the affected government agencies for the proposed
development.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the
imposition of exactions or assessments of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
Response: Should the County Council adopt a Unified Impact Fee (UIF)
Ordinance, we understand that the cost of meeting the conditions
included within Ordinance No. 98-129 would be credited towards fhe
relevant requirements of the UIF Ordinance.
O. An A nnual P rogress R eport s hall b e s ubmitted to t he P tanning D irector p rior t o e ach
anniversary date of the approval of this change of zone. The Report shall address in
detail the status of the development 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.
Response: This annual report is being submitted to meet the requirements of
Condition O.
P. An initial extension of time for the performance of conditions within the ordinance may be
granted by the 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.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; MOHALA COMMERCIAL VILLAGE; TMK (3)7-5-
3:006; ORDINANCE NO. 98-129, CONDITION O
December 11, 2003
Page 6
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance.
Response: We understand that an initial extension of time for the performance
of conditions within the Ordinance maybe granted by the Director
upon certain circumstances. We expect that the planned
commercial development will proceed and all conditions will be met
in a timely manner and do not anticipate a need for extensions of
time. Should such an extension be required for reasons beyond
HDC's control, we will notify the Department at the earliest possible
time of the need for such time extensions.
O. 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.
Response: We understand that, 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. As noted in reference to Condition P, HDC
expects that development will continue to proceed and all
conditions will be met in a timely manner.
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
~~lZl~
JAMES M. LEONARD, AICP
Principal -Hilo Office
xc: Joseph Whitney, Hawaiian Development Corp.
Richard Wheelock, East West Realty Inc.
Tom Witten, PBR HAWAII
Enclosures
AnnualReportOrd98-129_2003
c``, M11rR fb~q'
I! DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
o
345 KEKUANAOA STREET; SUITE 20 • HILO, HAWAII 96720
s~~Cr tl°rt~" TELEPHONE (808) 961-8050 rqX (808) 961-8657 '
June 23, 2003
Mr. James M. Leonazd
101 Apuni Street
Hilo Lagoon Center, Suite 310
Hilo, HI 96720-4276
WATER COMMITMENT TIME EXTENSION FOR
PROPOSED 75-UNIT DEVELOPMENT
CHANGE OF ZONE APPLICATION (REZ 98-12)
TAX MAP KEY 7-5-003:006 AND 007
This is to acknowledge receipt of the required $10,950.00 water commitment deposit for a commitment time
extension for the proposed development. We aze enclosing Receipt No. 235477 For your files and returning your
copy of the Departrnent's "Water Commitment Guidelines Policy," for your files.
ht accordance with the Departrnent's "Water Commitment Guidelines Policy," a water commitment time extension for
the proposed development in the amount of 43,800 gallons per day, or 73 additional units of water at 600 gallons per
day per unit, is hereby granted until May 31, 2004, with the following conditions:
1. Construct necessary offsite water system improvements of approximately 200 feet of 12-inch diameter
waterline to connect to the subject pazcel with the existing 12-inch waterline in Henry Street.
2. Construct necessary onsite water system improvements, which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under peak-flow and
fire-flow conditions; minimum diameter of mains shall be 12 inches,
b. service lateral or laterals that will accommodate the appropriately sized master meter to the property
or meters to each lot, and
c. fire hydrants spaced no more than 300 feet apart.
Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review
and approval.
3. Remit the prevailing facilities chazge balance, and capital assessment fee, which aze subject [o change, of
$297,530.00 and $36,500.00, respectively as computed below:
Facilities Charge(FC):
2 existing lots of record no service at $940.00/lot ($1,190.00/lot July 1, 2003) $ 1,880.00
73 additional lots of record at $4 350 00/lot ($5,500.00/lot Julv 1, 20031 317,550.00
Total FC $319,430.00
Water Commitment Deposit Credit (WCD):
73 units at $150 00/unit times 2~ayments (21 900.001
FC Balance ~ A / / $297,530.00
VVa!`er brinc~5 ~roc~re~6...
Mr. James M. Leonazd
Page 2
June 23, 2003
Capital Assessment Fee(CAF):
73 additional units at $500/unit $ 36 500 00
Total Balance Amount $334,030.00
This is due and payable upon completion of the installation of the required water system improvements and
prior to final subdivision approval being granted.
Note that the amount of water commitment deposit may exceed the prevailing facilities chazge amount; for
example, when requests for rime extensions continue and are approved. Untii the development is Snaily
completed, these aze separate and unrelated items. In the event that water commitment deposits exceed the
facilities charge, no refunds aze applicable.
4. Submit the appropriate documents, properly prepazed and executed, to convey the water system
improvements and necessary easements to the Water Boazd of [he County of Hawaii prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds
description within the conveyance documents. However, prior to water meter services being granted to the
development, or any lots within, the conveyance documents shall be accepted by the Water Boazd.
5. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance may be cause for voiding this water commitment, at which time availability will be subject
to change in accordance with prevailing water system conditions, policies, and Rules and Regulations.
Please note that the facilities chazge rates will increase for the first unit and each additional unit from $940.00 to
$1,190.00, and $4,350.00 to $5,500.00, respectively on July 1, 2003.
Should there be any questions, you may contact our Water Resources and Planning Branch at 961-8070.
Sinc a yours,
~ Milt . Pavao, P.E.
M age
WA:sco
Enc.
copy -Planning Department
DEPARTN ENT OF uATEA SUPPLY d. Terms of Che Water Commitment
COUNTY OF HAWAII
a) The initial water commitment shall De valid for three (J) years
HA7E0. COw11 TfIEN7 GUIDELINES POLICY and shall automatically expire unless a r=Quest for an ex tension
is submitted and apvroved. Ex Lem ions to water commitments will
be no Longer loan one (I) year each extension.
1. Guidelines for Issuing Water Commitments
b) Should [he DeDa rtment certify the availability of water on an
a. All water commitments zha it De based on the availability of water, aDPi ica lion made to the County Pianning DeDartmen t, County -
at the time the apDli<a ti on is made, from Che water system which Planning Commission. Or the State land Use Commis zion and za id
will service the proposed project. , application is dented by the agency, the water commi !men[ automat-
ically expires.
b, fn determining Che avallabll Poy of water, the Department sfiall '
consider economic impact of the proposed development, population, c) Where the applicant has contributed to the cost of improving the
projections, environmental constraints, Dazt water usage, zoning, system, terms of [he water commitment will be made by the spec ial
land use districting, water system constraints, outstanding water water assessment agreement.
commi Unents, caDitai improvement program scheduling, undeveloped
avaf !able water resources, regulatory requirements of ground water d) A water commitment issued for one (1) sDecif is parcel cannot be
control areas, and any other significant factors. transferred to another parcel unless provided far by special
agreement where the developer has contributed to the water system
c. Mhere the estimated water requirements of a project exceed !20,000 improvements.
gallons Der day (GPO), the aDDlicant may be required to enter into
a spec cal water assessment agreement with the Commission as e) Mhere a parcel of land is Issued a water commitment and that land
specified in l.d, changes ownership, the new owner will be subject to the terms of
the commitments given to the previous owner. j
d. Where the Department has determined that the water i5 not avail-
able but could be available with some improvement, the applicant 5. Ez tension of Water Commitment
may be required to enter into a special water assessment agreement 1
with the Commission should the aDpl icant want a water commitment. Requests for extension of a water commitment shall be submitted to the 1
The agreement will include, among other things, Drovistons for the DeDa rtment in writing by the applicant Orior to the comni tment expira-
payment for the development of adds tional sources and system Lion date. The request for extension shall include a juz ti fication
improvements, duration of the water commitment, and quantity of report indicating the project status and reasons for the delay. (1(1(1iff1
water allocated to the project.
Notice of the Oepa rtmen['s action shall be made in writing Co the
In the event several aD011cants require the same improvements, the aDDlicant. An approved extension shall be valid for a De rind of no
Commission may collectively plan and contra[[ for the improvement more than one (1) year from the previous commitment expiration date.
and assess each apDlica nt by the amount of water required by each. Extensions will be subject to an additional water commitment deposit
payment as determined in Section 1. Ez tens ions will be considered for
2. Application for Water Commitment applicants who have sincerely and in good faith proceeded with their
project. No extensions will be given to applicants when little or no
Water commitments, in the case of subdiv isionz, rezoning requests, Land progress on their developments has been made.
Use change requests, all other project development requests and meter
requests, will be acted upon only after a formal appilca !ton has been 6. Refund for Payment of Water Gomml tment Depaslt
submitted to the proper reviewing age nty, hereafter referred to as
"reviewing agency,' and a water commitment deposit is Da id to the Should the applicant's request be denied by the reviewing agency, BOS
DeDa rtment. of the payment made for the water commitment deposit as spec tiled in
Section 3 will be refunded to the aDDlicant. Should the aDDlicant
7. Water Commitment DeDOSit voluntarily wlthd raw or does no[ proceed with his development within a
reasonable time and an ez tens ton of time far his commitment is denied,
The water commitment deposit shall be 5150.00 per lot or per 600 the deposit will be forfeited.
gallons Der day committed.
ADOPTED BY THE WATER COHHISSION
OF THE COUNTY OF HAWAII
JUNE 26, 1984