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Home My WebLink AboutCOM 0524.000 2002-2004 r~0~~~ln:'N9jLY Harry Kim „ Christopher J. Yuen Mayor ~~'~.-V -,~~'1Direclu• ; , ~Ol ~M~`~ ~i.~4 FEQ 19 P~°~~.~emoto DeyuN Director ~aixz~f~r ~ttfvtti~~ cc~~~_~°. PLANNING DEPARTMENT CG~;~ ~1 I ~ ; „,II 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 February 18, 2004 Mr. Thos Rohr Waikoloa Development Company 150 Waikoloa Beach Drive Waikoloa HI 96738 Dear Mr. Rohr: SUBJECT: Change of Zone Ordinance No. 95 51 (REZ 678) Applicant: Waikoloa Development Company Subject: Annual Progress Report TMK: 6-8-2:Por. of 16 and 6-8-3:Por of 32 This is to acknowledge receipt of the annual progress report dated January 27, 2004, submitted in compliance to Condition G of the above-referenced ordinance. Thank you for complying with this requirement. We appreciate the thoroughness of your report. We will forward copies of your report to the Planning Commission and County Council. Please note that your next annual progress report will be due on or before December 27, 2004. Should you have any questions, please feel free to contact Norman Hayashi or Jeff Darrow of this office at 961-8288. Sincerely, CHRISTOPHER J. YUEN Planning Director JWD:smn P:\WPW[N60UEFF\Letters\Aunual Reports\LRohr-APR-REZ678.doc cc/w/]tr?County Council Planning Conunission West Hawaii Office Comm. No. SL~F Ref. To:~ Ref. Datetttl ,G S'~~ `I WAIKOLOA ^J January 27, 2004 _ ~ r Mr. Christopher J. Yuen, Planning Director ' Planning Department Aupuni Center 101 Pauahi Street Hilo, Hawaii 96720 RE: Annual Report Zoning Ordinance 90-160, as amended by Zoning Ordinance No. 95-51 Highlands Golf Estates TMK: 6-8-02:Portion 16 and 6-8-03:Portion 32 Dear Mr. Yuen: Please let this letter serve as the fourteenth annual report required by Condition H of the above- referenced Zoning Ordinance, as amended, for the Highlands Golf Esta[es project. The following specific actions of compliance have been undertaken: Conditions and Compliance: • "A. The applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval;" Compliance: Conditions of approval have been, or will be, complied with as detailed below. • "B. Final subdivision approval for not less than 175 lots shall be secured within five (5) years from the effective date of this amendment. Plans for infrastructural improvements, including off-site roadway improvements required in Condition C, shall be submitted in conjunction with construction drawings for final subdivision approval for any portion of the subject property. Prior to June 30, 1996, construction of channelization improvements to the Waikoloa/Pua Melia/Paniolo Avenue intersection (including acceleration deceleration and left turn storage lanes and pavement and shoulder widening) meeting with the requirements of the Department of Public Works, shall be completed and dedicated to the County. In addition, the applicant shall install and dedicate the traffic signalization improvements required in Condition C prior to the Final Subdivision Approval for more than 350 lots of twenty acres or less, or sooner in the event the warrants of such installation are justified by the chief engineer. In lieu of actual construction of infrastructural improvements required herein, except for Condition C, the applicant may enter into an agreement with the County to assure the County that the infrastrucmral improvements will be constructed together with Che appropriate bond, surety or 150 bVaikulo~ FSeach Drivr. Woikoloa, Huev~iii 9fi7J8 • ['horn (8U8) 88(i-1000 Fex (808) 88fi-8806 Mr. Christopher J. Yuen Ja,^;uary 27, 2004 Page 2 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, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements;" Compliance: The subdivision improvements and drainage plans were approved by the State Department of Health, the County Departments of Public Works and Water Supply, and Waikoloa Water Company in November 1993. 'Ihe subdivision improvement plans were forwarded to the Planning Department in November 1993. Approval of the plans by the Planning Department is pending its review of the final subdivision plat map, which was submitted on June 10, 1996. Channelization improvements to the Waikoloa Road/Paniolo Avenue/Pua Melia Street intersection as required were completed in September 1996 and accepted by the County on September 17, 1996. In addition to requiring the channelization improvements referred to above, Condition B also requires that the developer secure final subdivision approval for not less than 175 lots within five years of the effective date of Ordinance No. 95-51, or by March 21, 2000. An Extension of Time to comply with Condition B was granted by the Planning Director on May 9, 2000 fora 5-year period until March 21, 2005. • "C. Access shall meet with the requirements of the Department of Public Works. Direct access to Waikoloa Road shall be limited to one roadway from the project site. Waikoloa Road-Pua Melia Street-Paniolo Avenue shall be channelized and signalized meeting with the requirements of the Department of Public Works. These improvements together with other roadway improvements required by the Department of Public Works based upon a Traffic Impact Analysis Report dated December 1989 shall be provided prior to opening of the golf course or in conjunction with final subdivision approval of the first increment, whichever occurs first, or as otherwise provided by Chapter 23 (Subdivision Controlj; Compliance: In compliance with Condition C, the project entry has been substantially completed in accordance with Department of Public Works' approved plans. Other roadway improvements will be complied with prior to opening of the golf course or in conjunction with final subdivision approval of the .first increment, whichever occurs first. • "U. To ensure that the goals and policies of the :Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housing and t~'ommunity Development, that the applicant's affordable housing requirements, if any, have peen fulfilled prior rq the issuance of final subdivision approval;" Compliance: Condition D, regarding affordable housing, has be°n satisfied, per the Office of the Corporation Counsel determination, as set forth in its June 3, 1994 letter to the Office of Mr. Christopher J. Yuen January 27, 2004 Page 3 Housing and Community Development, with a copy to the Chairman of [he County Housing Agency, that no such requirement exists for this project. • "E. A drainage system shall be installed in accordance with the requirements of the Department of Public Works and other affected agencies; Compliance: The drainage plans required by Condition E was approved by [he State Department of Health, the County Departments of Public Works and Water Supply, and Waikoloa Water Company in November 1993. The drainage plans were forwarded to the Planning Department in November 1993. Approval of the plans by the Planning Department is pending its review of the final subdivision plat map, which was submitted on June 10, 1996. • "F. Comply with all applicable laws, rules, regulations and requirements, including conditions of Use Permit No. 71; Compliance: The Use Permit No. 7 and all laws, rules, regulations and requirements have been and will he complied with, as appropriate. • "G. Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance;" Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein applicant may, at it's election, satisfy the performance in accordance with the requirements of the Unified Impact Fees Ordinance. • "H. An annual progress report shall be submitted to the Platuung Director prier to the anniversary date of the effective date of the change of zone. The report shall address 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 and the Planning Director acknowledges that further reports are not required;" This letter serves as the fourteenth annual report of the above-referenced Zoning Ordinance, as amended. An annual progress report has been and will continue to be submitted to the Planning Director, • "I. An extension of time for the performance of conditions within [he ordinance may be granted by the Planning Director upon the following circumstances: Mr. Christopher J. Yuen Jatn;ar~, 2? ~nn4 > Page 4 "1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of [he 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; " 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 [he 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 applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. "Further should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. " Compliance: An Extension of Time to comply with Condition B was granted by the Planning Director on May 9, 2000 fora 5-year period until March 21, 2005. Your acceptance of this report is appreciated. Res ectfully, _ _ - -C_ Thos Rohr President c: Eleanor Mirikitani Planning Dept. West Hawaii Office