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HomeMy WebLinkAboutCOM 0145.001 2002-2004 C,O Harry Kim Christopher 7. Yuen Maynr i_I L ' Director R'i+oYM~'d~ - 19 Rpj BRc~,~(j~ Takemoto depirty D[.enn. (ruixixf~r ~ttflrttii cc~_r . - PLANNIN~ DEPARTMENT UN7 ~ n= I i; ;~iqp 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 February 18, 2004 Mr. Gene Yong, Senior Planner Belt Collins Hawaii, Ltd. 2153 North King Street, Suite 200 Honolulu, Hawaii 96819 Dear Mr. Yong: Change of Zone Ordinance No. 01-06 (REZ 955) Applicant: Liliuokalani Trust Subject: Annual Progress Report Tax Map Key: (3) 7-4-OO8:portion of 001 This is to acknowledge receipt of your annual progress report dated January 23, 2004 as required under Condition AA of Change of Zone Ordinance No. 01-06. By copy of this letter we will forward your report to the County Council and Planning Commission for their reference. Thank you for complying with the annual report requirement. We look forward to the submittal of your next annual progress report on or before January 25, 2005. Please feel free to contact Norman Hayashi or Jeff Darrow at 961-8288 should you have any questions. Sincerely, //`l J /;f. i t CHRISTOPHER J. YUEN Planning Director JWDamn P \WPWIN60WEFF\~Lef[ers\Anmml Reports\LYong-APR-REZ955-doe: xc w/report: County Council Planning Commission Planning Department -West Hawaii Office Comm. No. ~~'f Ref. To: Ref. Uate ~~~~CO~~11G~ ~ n January 23, 2004 ~ ~ - ~ ' ~ 2002-45-0800/04A-030 Mr. Christopher Yuen, Director Department of Planning County of F-lawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Annual Progress Report Ordinance Number 01-6 Liliuokalani Trust TMK 7-4-008: Por 001 Keahuolu, North Kona, Island of Hawaii Honolulu In accordance with Condition AA of Hawaii County Ordinance Number Ol-6, please find this Annual Progress Report, which is submitted on behalf of Liliuokalani H~,,,SK~~:, Trust. The Report addresses the status of the development and compliance with the conditions of approval. Condition (A). The applicant, successors or assigns, shall he responsible for complying with all of the stated conditions of approval. Acknowledged. Candition (B). The applicant shall participate, on a fair share basis, in the funding and construction of adequate water scarce, stcrage, a;,d transmission facilities and improvements to accommodate the proposed project as determined by the County of Hawaii Department of Water Supply. Compliance with Condition 8 shall be satisfied prior to the applicant's submittal of the required water commitment payment in Condition C. The Trust or its future developer will comply with this condition. Condition (C). The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy." The Trust or its future developer will comply with this condition. Bell Collins Hawaii Ltd. 2153 Nath Kinq Slreot. Smfe 200 a Honolulu, Hawaii 9681~J-4554 USA TI808 521 5361 o A808 538 ]819 ~ honolulu@beltcoll'ms com ~ www beltcollins.com eels Colbiis Hawau w an EVIILI oppornimty Employer ~ - y8 C ~ j/~~ P~1r. Christopher Yuen January 23, 2004 - 04A-030 Page Z Condition (D). Final Subdivision Approval for the residential-commercial mixed use subdivision development shall be secured within ten (10) years from the effective date of this ordinance. The Trust or its future developer will comply with this condition. Liliuol<alani Trust continues to seek potential development interest for the project area. No developers have been identified at this time. Condition (E). The applicant shall participate, on a fair share basis, in the funding and construction of local and regional transportation improvements and programs, including dedication of rights-of--way as determined by the State Department of Transportation and the County Department of Public Works prior to issuance of Final Subdivision Approval. The Trust or its future developer will comply with this condition. Condition (F). Rased on a Traffic Impact Analysis Report (T1AR) conducted within one (1) year of Final Subdivision Approval, the applicant shall provide all roadway improvements required by the State Department of Transportation and the County Department of Public Works prior to the issuance of certificate of occupancy. The Trust or its future developer will comply with this condition. Condition (G). Future road widening setbacks shall be provided fronting the entire property along Palani Road equal to half the difference between the existing right- of-way and the proposed 80-foot right-of--way. The setback line shall be delineated on the subdivision plans. Improvements within the future road widening setback area shall meet with the approval of the Department of Public Works, and said area including any required improvements shall be dedicated to the County of Hawaii upon its request at no cost to the County. The Trust or its future developer will comply with this condition. Condition (H). Access(es) and intersection roadway improvements to the subject property from Palani Road shall be constructed meeting with the requirements and approval of the Department of Public Works. ~1d<nowledged. Condition (p. Provide cleft-turn lane on westbound Palani Road at all three proposed project entrances with cleft-turn refuge lane for the commercial driveway and for one of the residential driveways exiting the project. Ad<nowledged. Ivir. Christopher Yuen January 23, 2004 - 04A-030 Page 3 Condition Q). Provide aright-turn/deceleration lane along Palani Road at all three proposed project entrances and aright-turn lane on eastbound approach of Palani Road at its intersection with Henry Street. Acknowledged. Condition (K). All roadways within the proposed residential-commercial mixed use development shall be constructed meeting with the requirements of Chapter 23, Subdivision Code. Roadway improvements to be dedicated to the County within the proposed subdivision shall include curb, gutter and sidewalks. Acknowledged. Condition (L). Install street lights, signs and markings meeting with the approval of the Department of Public Works, Traffic Division. Acknowledged. Condition (M). The applicant shall fund, on a fair share basis, the design and construction of drainage improvements required as a result of the development and meeting with the approval of the County Department of Public Works. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. The Trust or its Future developer will comply with this condition. Condition (N). The applicant shall submit a Soiid Waste Management Plan for the Uevelopmcnt to the Department of Public Works for its review and approval. A copy of the approved Plan shall be submitted to the Planning Department prior to the issuance of Final Plan Approval. The Trust or its future developer will comply with this condition. Condition (O). The applicant shall submit an Archaeological Data Recovery Plan for the five significant historic sites on the subject property to the State Department of Land and Natural Resources-State Flistoric Preservation Division (DLNR-SHPD) for its review and approval. The applicant shall submit a copy of the approved Final Archaeological Data Recovery Plan, as well as written verification from DLNR-SHPD that the plan has been successfidly executed, to the Plam~ing Director for the Mr. Christopher Yuen January 23, 2004 - OaA-030 Page 4 Department's files prior to submitting plans for Final Subdivision Approval and/or prior to any approval for any land alteration permits. The Trust or its future developer will comply with this condition. Condition (P). Should any previously unidentified burials, archaeological or historic sites such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms, pavings or walls be found, the applicant shall stop work in the immediate vicinity and the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that mitigative measures have been implemented to its satisfaction. The Trust or its future developer will comply with this condition. Condition (Q). 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 11, Article 1, Hawaii County Code related to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to Final Subdivision Approval or the issuance of building permits, whichever is applicable. Acknowledged. Condition (R). The applicant shall contribute to the development, funding and/or construction of school facilities, on a fair share basis, as determined by and to the satisfaction of the Department of Education (DOE). A fully executed written agreement setting forth the contribution and timing of contributions shall be agreed upon by the applicant and the DOE prior to Final Subdivision Approval or the issuance of building permits, whichever is applicable. Ad<nowledged. Condition (S). The applicant shall participate in the funding and construction of adequate wastewater transmission and disposal facilities, on a fair share basis, as determined by the County of Hawaii Department of Public Works and the State Department of Health prior to Final Subdivision Approval or the issuance of building permits, whichever is applicable. Acknowledged. ivir. Cnristopner Yuen January 23, 2004 - 04A-030 Page 5 Condition (T). The applicant shall, on a fair share basis, fund and construct adequate civil defense measures as determined by the County and State Civil Defense agencies prior to Final Subdivision Approval or the issuance of building permits, whichever is applicable. Acknowledged. Condition (U). The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is Che product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,876.20 per single-family residential unit. Based upon the applicant's representation of intent to develop up to two hundred fifty (250) residential units, the indicated total of fair share contribution is $1,969,050 for single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in thrs Condition U. The fair share contribution shall be allocated as follows: 1. $3,798.04 per single-family residential unit for an indicated total of $949,510.00 to the County to support park and recreational improvements and facilities 2. $18322 per single-family residential unit for an indicated total of $45,805.00 to the County to support police facilities 3. $361.88 per single-family residential unit for an indicated total of $90,470.00 to the County to support fire facilities 4. $158.43 per single-family residential uni( for an indicated total of $39,607.50 to the County to support solid waste facilities; and 5. $3,374.E3 per single-family residential unit for an indicated total of $Sd>,657.50 to the State or County to support road and traffic improvements. IVII. LIII IJII)allt:l I UCII January 23, 2004 - 04A-030 Page 6 The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal faciUties, and roads within the region impacted by the proposed development, subject to the approval of the director. The cost of providing and constructing the improvements required i.n CnnditionsF, F, G, H, 1, J, K and L shall be credited against the sum specified in Condition U (5) for road and traffic improvements. For purposes of administering Condition U, the fair market value of land contributed or the cost of any irnprovernents required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. The Trust or its future developer will comply with this condition. Condition (V). Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. Ad<nowledged. Condition (W). In lieu of actual construction of infrastructure improvements as conditioned above, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department oFVVater Supply, if applicable, to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, if applicable, Final Subdivision Approval for the subjecC property or portions thereof maybe granted prior to the actual construction of required infrastructure improvements unless otherwise restricted herein. A certificate of occupancy shall not be issued until the infrastructure improvements have been constructed. Ad.nowledged. i'vir. Christopher Yuen January 23, 2004 - 04A-030 Page 7 Condition (X). The applicant shall notify all prospective buyers of the property of the potential odor, noise and dust pollution associated with surrounding Agricultural District lands. Acknowledged. Condition (Y). Applicant shall notify all prospective buyers of the property that ~'~e Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limit the circurnstances under which pre-existing farm activities maybe deemed a nuisance. Acknowledged. Condition (Z). Comply with all applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property. Acknowledged. Condition (AA). An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. Ac<nowledged. The next annual report will he due January 25, 2005. Condition (BB). An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circurnstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the Cime extension would not be contrary to the General Plan or 7_oning Code. 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 granted shall be for a period not to exceed the period originally granted for performance (i. e., condition to be performed within one year maybe extended for up to one additional year). ~Jir. viii"U"tGpher Yuen January 23, 2004 - 04A-030 Page ii S. 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. Acknowledged. No extension is necessary at this time. ondition (CC). Should any of the conditions not be .-net or substantially cemnlied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. Acknowledged. If you have any questions or comments, please do not hesitate to contact either Jim Bell or myself at (808) 521-5361 . Sincerely yours, BELT COLLINS HAWAII LTD. Gene Yong Project Planner GY:gk cc: Queen Liliuokalani Trust