HomeMy WebLinkAboutCOM 0525.000 2002-2004 `~wtV Os
Harry Kim ~ z,.lv~~x<<i~he~ l'tt~ir
Moro.
• or w~
2(;G4 FE~a 19 Pfd l~°~n~,;n aa'r~rt°t~
I~C~IIx~tg >rf ~txiu~tzi cc , .
PLANNING DEPARTMENT COU~J i t ~.;;`:4 III
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
February 18,2004
James M. Leonard, AICP
PBR Hawaii -Hilo
101 Aupuni Street, Suite 310
Hilo, HI 96720-4276
Dear Mr. Leonard:
SUBJECT: Change of Zone Ordinance No. 00 7 (REZ 940)
Applicant: WB Manini`owali, LLC
Subject: Annual Progress Report
TMK: 7-2-4: Portion of 18
This is to acknowledge receipt of your letter dated February 9, 2004 containing an annual
progress report as required by Condition AA of the above referenced ordinance.
Thank you for complying with the annual report requirement. We appreciate the thoroughness
of your report. We will forward copies of your report to the Planning Commission and County
Council.
As a reminder, you are required to comply with all conditions as stated in the above-referenced
ordinance within the appropriate timetables. Please note that your next annual report will be due
on or before January 27, 2005.
Should you have any questions, please contact Norman Hayashi or Jeff Darrow of our Hilo
office at 961-8288.
Sincerely,
CHRt3TOPH R J. YUEN
Planning Director
JWDamn
P-AWPWM60U[PF1Lettns\Mnual ReportsVLLeonard-APR-REZ940.dnc
cc w/report: planning Dept. -Kona
County Council
Planning Commission
Comm. No.
Ref. To:
Ref. Dote FFR--~;-
February 9. 2004
LAND PLANNING Mr. Christopher J. Yuen, Director
LANUSCANE ARCHITECIURO
ENVIRONMENTAL. s,7lmrs Planning Department ~ ,
County of Hawaii
101 Pauahi Street, Suite 3
WAt. PRANK BRANUT, FASLA HtIO, Hawaii 96720
CHAIRMAN
THOMAS s. wITTEN.ASLA SUBJECT: ANNUAL PROIt;RESS REPORT
PRESIDENT ORDINANCE 00-7; CONDITION AA
e. srnN DImcAN,ASLA OWNER/DEVELOPER: WB I'iL4NINIOVVALI, LLC (FORMALLY
ExecunvE vl[~E-PRESIDENT OWNED BY MANINIOWALI ~+~UITY COMPANY, LLC)
2ussaL v.L CauNC, A$LA DEVELOPMENT: MANINIOWALI RESIDENTIAL COMMUNITY
ExecuT~vE vICE-PResIDDNT KUKIO 2ND AND iVIANINIOWALI, NORTH KONA, HAWAII
vINCENr sHLCEKUNI TMK: (3)7-2-04: PORTION OF 18
PRINCIPAL
LAMES LEONARD, AICP Dear Mr. Yuem
PRINCIPAL
KILO OFF[CE
On behalf of WB Maniniowali, LLC and in meeting the requirements of
Condition AA of Ordinance 00-7, fire following is a report on the status of
GRANT MHRAICnMI, AICP develo ment and the develo er's com Nance with the conditions of a royal of
SENIOR ASSOCIATE P P P ~ PP
TOM ScerveLL, AICP the subject Ordinance.
ASSOCIATE
RAVmoND T. H1cA, AsLA In the calendar year 2003, WB Maniniowali, LLC (WBM) submitted and received
Assoc/ATE various approvals for the Project including the following:
KEVIN NISHIKAwA, ASLA
ASSOCIATE
Status of Development
After compliance with the remaining conditions stated in the Tentative Approval
letter dated November 15, 2000, WBM received Final Subdivision Approval
(SUB 2000-0145) of the Kukio Bay Beach Club, Phase III, Increment 1
Subdivision on August 28, 2003. On October 1, 2003 WBM submitted the
IIONOLULO OFFICE
Ioo1 BISEDPsTNEET Preliminary Plat Map for the 30 lot Villa Subdivision for which Tentative
PanFiC TowFR, Surra 6so Subdivision a royal was received on Februa 4, 2004.
foNOi.m.q Hawu'i 96813-3484 PP ry
TEL: (808)521-5631
CA%: (808) 523-1402
blAa: srs~aln~l,@pbrnawsiLa~m WBM has also been working closely with the State Department of Land and
Natural Resources (DLNR), Division of State Parks to implement the Phase I
Kekaha Kai State Park improvements at Maniniowali and Kua Bay in accordance
HILO Otxme
OI AUPUNI STREET with WBM's approved Comprehensive Public Access Plan. An Environmental
ILO LAGOON eFN'fER SII~TE su) Impact Statement addressing the Kekaha Kai State Park improvements was
I{ILQ HAw,u'i 96"720-4262
TEC ~sos1 e61-sans prepared and processed according to the requirements of Chapter 343, HRS, and
P.R: Isos>961a9x9 Chapter 200 of Title 1 1, HAR, and accepted by the Governor on August 19, 2003.
F.-IMAIL: pbctulo CalavRnet
On November 7, 2003 the County Planning Commission approved a Special
Management Area Use Permit and an application for a Conservation District Use
`°A""°"° °P"~" ` Permit for the proposed park improvements was approved by the Board of Land
?133 Kunm.STREEI'
~Van.uRU, (tnw.nl•196"]9}-zzo4 and Natural Resources on January 23, 2004. WBM expects to initiate the public
TFI: (808)?4?-28"15
EIx :Bob) 24?-2'JfY2
11.Nau. pomiHUi ai~lav~ nct
r l1
Mr. Christopher J. Yucn, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNERiDEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 2
access improvements at Maniniowali and Kua Bay in early 2004 following receipt of the
necessary permit and plan approvals and meeting the conditions of respective permits.
Currently, WBM has completed preliminary grading of the Phase I lots and subdivision
roadways and has initiated the extension of the project utilities from the adjacent Kukio
development. Completion of the Phase I infrastructure improvements is expected by late 2004.
Regarding the developer's compliance with the conditions of approval we offer the following
summary:
Compliance with Conditions
A. The Applicant, successors, or assignees shall be responsible for complying with all of the
stated Conditions of Approval.
Response: The development will comply with the conditions of approval as set forth
below.
B. This project area shall be called the Maniniowali Project District. The development
period for the Maniniowali Project District will be 20 years from the effective date of
approval of the Project District Ordinance.
Response: WBM has initiated its planning and development for the Maniniowali
Project District and expects that development will be completed well within the 20 year
development period.
C. The Maniniowali Project District shall consist of not more than 388.057 acres for
residential, golf course, golf clubhouse and tennis complex, open space and ancillary
related development. Any amendment to this acreage shall require an amendment to the
Maniniowali Project District Ordinance.
Response: No amendments to the acreage of the Project District is proposed or
planned.
D. The maximum number of residential units to be allowed within the Maniniowali Project
District shall be 900 units. Any increase in the number of units shall require an
amendment to the Maniniowali Project District Ordinance. Hotel and timeshare
condominium or apartment units shall be prohibited within the Maniniowali Project
District.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNERJDEVELOPFR: WB MANINIOWALI, LLC (FORMALLY OWNED BY
MANINIOWAL[ EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 3
Response: No increase in the number of units is being proposed. In fact, the approved
Site Plans for the development area reflects a total number of I40 residential units, 33
units of which are represented within the Phase Lsubdivision. The proposed
development includes no hotel or timeshare units.
E. The Applicant shall provide perpc,tual open space areas of 400 feet and 150 feet widths
each, respectively, along the entire makai (seaward) and mauka (east) boundaries of the
subject property. In addition and in order to preserve these open areas and protect the
respective view planes, no buildings and/or structures above ground shall be permitted
within either area. Further, prior to the first occurrence of either Final Subdivision
Approval, Final Plan Approval, or any land alteration, the Applicant shall prepare, submit
for prior County approval, and then record the necessary metes and bounds descriptions
and covenants in the Bureau of Conveyances to effect such conditions in perpetuity. A
copy of the document(s) shall then be provided to the Planning Department.
Response: As reflected in the approved Detailed Site Plan for the proposed
development, no residential development or vertical improvements, other than
landscaping and those improvements and uses allowed by the Project District
Ordinance No. 00-7, are planned within the Open Space Buffer Areas that extend
along the mauka and makai boundaries of the property. On March 22, 2002 the BLNR
approved changes to the language of the initial land exchange agreement to clarify
that pools and associated fences and walls are permined uses within the mauka 200
feet of the makai buffer area. The map and metes and bounds description of the Open
Space Buffer Areas and restrictive covenants have been submitted and recorded with
the Bureau of Conveyances. A copy of the same was submitted to the Planning
Department for its files on Apr'l 6, 2002.
F. The Applicant shall disclose to all potential buyers of lots or units within the proposed
project that internal infrastructure and community facilities shall be developed and
maintained privately and that the County is not obligated to construct any public facilities
within the project area.
Response: The developer will make the appropriate disclosures, as required by
Condition F, to all potential buyers through its sales documents.
G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance No. 96-
160 are to be allowed in the Maniniowali Project District within the 388.057 acres for
residential, golf course and ancillary related development:
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER/DEVELOPER: WB MANINIOWALi, LLC (FORMAL LY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 4
1. Adult day care homes.
2. Bed and breakfast establishments, as permitted under Section 25-4-7.
3. Boarding facilities, rooming, or lodging houses.
4. Commercial or personal service uses, on a small scale, as approved by the
Director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employe°s.
5. Community buildings, as permitted under Section 25-4-11.
6. Crop production.
7. Dwellings, double-family or duplex.
8. Dwellings, multiple-family.
9. Dwellings, single-family.
10. Family child care homes.
11. Golf courses, and related golf course uses, including golf driving ranges, golf
maintenance buildings, golf clubhouses and restaurant associated with the golf
course.
12. Group living facilities.
13. Home occupations, as permitted under Section 25-4-13.
14. Meeting facilities.
15. Model homes, as permitted under Section 25-4-8.
16. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
17. Public uses and structures, as permitted under Section 25-4-1 I.
] 8. Temporary real estate offices, as permitted under Section 25-4-8.
19. Wastewater treatment facilities.
20. Any uses similar in nature to the above permitted uses shall be permitted upon
submittal of a request by the Applicant and approved by the Planning Director.
21. Buildings and uses normally considered directly accessory to the uses permitted
in this section shall be permitted.
Response: The proposed development, as reflected in the Detailed Site Plan and
Preliminary Subdivision, and Phase 1 jSubdivision 7629) is in con/ormance with the
allowable uses of the Project District.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning Departments
Rule No. 17, Landscaping Requirements. Further, a Landscaping Plan shall be
submitted for the golf course and golf course clubhouse as part of the plan review
and approval process. Said landscaping shall incorporate, wherever possible, the
predominant use of appropriate native Hawaiian plants and shall set aside areas
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNEWDEVELOPE_R_; W"B MANINIOWAT.I, LLC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 5
for their preservation and/or propagation.
2. The minimum building site area shall be 7,500 square feet which may include flag
lots.
3. The maximum allowable height limit for Single Family Residential units shall be
thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residen%ial
development shall be 45 feet.
5. The minimum average lot widths shall be determined by the Applicant in
conjunction with its development plans.
6. The minimum yards in the Maniniowali Project District shall be as follows:
a) Single Family Residential Development
(1) Front and rear yards, fifteen feet; and
(2) Side yards, eight feet.
b) Multiple Family Residential Development
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one story building, plus an additional
two feet for each additional story.
7. Exceptions to the regulations for the Maniniowali Project District regarding
heights, building site areas, and yards, may be approved by the Planning Director
within a planned unit development, or cluster plan development.
Response: All plans for the Maniniowali project will conform to the design
standards set forth in Condition H or as otherwise approved by the Director
through a planned unit or cluster plan development approval
8. The minimum off-street parking and loading space requirements for the
Maniniowali Project District will comply with the minimum standards as required
by the Zoning Code, including compliance with the American Disabilities Act
(ADA) requirements.
Response: The Maniniowali project will comply with the minimum standards
of the Zoning Code including compliance with the ADA requirements.
9. The portion of the designated landmark of Puu Kuili located on the south end of
the property and the smaller unnamed puu located at the north end of the subject
property each shall remain in their natural state, and any construction and/or
alteration of these areas shall be prohibited in perpetuity. Further, prior to the
occurrence of either Final Subdivision Approval, Final Plan Approval, or any land
alteration, the Applicant shall prepare, submit for County Planning Director
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 6
approval, and then record the necessary metes and bounds description and
covenant(s) in the Bureau of Conveyances to effect such conditions in perpetuity.
A copy of the recorded document(s) shall then be provided to the County
Planning Department.
Response: As noted above in reference to Condition E and in compliance with
Condition H-9, a plan reflecting the metes and bounds description of the small
puu has been reviewed and approved by the Director and has been filed and
recorded wish the Bureau of Conveyance. Amore modern survey of the limits
of Puu Kuili and the property boundary has found that no portion of Puu Kuili
extends into the Maniniowali property. Therefore, no portion of Puu Kuili is
encumbered as part of the recorded Open Space Buffer areas.
I. Final Subdivision or Final Plan Approval, whichever is applicable, shall be secured from
the Planning Director for any of the above uses prior to the issuance of any land alteration
permits for any residential development in the Maniniowali Project District.
Response: As noted above, a Detailed Site Plan for the proposed 140 unit residential
subdivision was submitted and approved by the Director, thereby meeting the
requirements of Section 25-6-46 of the Hawaii County Code concerning the review and
approval of Project District Site Plans, as well as the requirements for Plan Approval
within Condition 1. On December 24, 2002 WB Maniniowali received Phase I
Subdivision approval (Subdivision No. 7629).
J. Construction of the residential units, golf course and other related improvements shall
commence only after Final Subdivision Approval or Final Plan Approval has been
secured from the Planning Director.
Response: The Detailed Site Plan for the Maniniowali development has been approved
by the Director. Subsequent subdivision and grading plans submitted to the
Department are consistent with the approved Site Plan, though some minor adjustment
to the roadway alignments are expected to respond to site constraints and design and
engineering considerations.
K. The Applicant shall provide assurance satisfactory to the Department of Water Supply
and the Planning Director, upon consultation with the State Department of Health and
Department of Land and Natural Resources, that water sources of sufficient quality and
quantity has been established. Such satisfactory assurance can he met by the actual
drilling and testing of a well site of the water source or by the submittal of a hydrological
study certifying that water sources of sufficient quantity and quantity can be established
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWTIERlDEVELOPER: wB MANiIvIO~NALI, L.LC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 7
at the designated locations.
Response: WB Maniniowali is currently developing necessary water storage and
transmission facilities as part of the project development The primary source of
potable water far the I40 lot Maniniowali subdivision will be from the private PUC
regulated water and Department of Health approved system at the adjacent Kukio
project
L. Upon compliance with Condition K, the actual development of the water source and its
water transmission and distribution system shall be developed in conjunction with the
subdivision approval process. Final inspection to the residential structures shall not be
issued until the approved water source is developed and its transmission and distribution
system for such source to the subject property has been constructed. Residential building
permits may be issued for model home complexes, provided that such model homes will
not be used for residential purposes until the approved water source is developed.
Response: The actual water transmission and distribution system for the Maniniowali
project will be developed as part of the subdivision process
M. Access(es) to the project site shall meet with the approval of the Departments of
Transportation-Highways Division and Public Works as follows:
1. Prior to or in conjunction with the first occurrence of either Final Subdivision
Approval of any increment or occupancy permit gaining access from the
respective intersection, the Applicant, with the prior approval of the Department
of Transportation, shall provide a fully channelized intersection, including but not
limited to deceleration, acceleration and left-turn storage lanes, with Queen
Kaahumanu Highway. The cost of such improvements shall he borne by the
Applicant and maybe credited to or deducted from the Applicant's Fair Share
Contribution for road and traffic improvements, as required under Condition (U).
Unless otherwise provided herein, the location of this intersection shall be
coordinated with and located immediately makai (west) of the existing access to
the West Hawaii Veterans' Cemetery.
2. If the Applicant, the State Department of Transportation and Department of Land
and Natural Resources are unable to reach a mutually satisfactory agreement
within six (6) months of the effective date of this ordinance to coordinate and
locate the main access road intersection makai (west) of the existing access to the
West Hawaii Veterans' Cemetery, then, in such case, the subject intersection shall
be located at fhe existing permitted access point or at some other location
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER~DEVELOPER: WB MANINIOWALI, LLr (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 8
approved by the Department of Transportation.
3. A Traffic Monitoring Program at the intersection of Queen Kaahumanu Highway
shall be submitted to and approved by the State Department of Transportation,
Highways Division, prior to receiving Final Plan Approval for any portion of the
proposed development.
4. A roadway connection to the adjacent parcel along the northeast boundary shall
be reflected in any of the approved Subdivision or Plan Approval and shall be
provided meeting with the approval of the Department of Public Works in
conjunction with any development affecting said area.
5. No lots shall have direct access from the Queen Kaahumanu Highway.
Response: All highway access related improvements are being coordinated with
the Department of Transportation (DDT) and plans for the project related
roadways will be reviewed and approved by the State DOT or County
Department of Public Works, as appropriate.
A roadway connection to the adjacent Kukio property is reflected on all plans
and will provide the primary access to the Maniniowali project The planned
access from Queen Kaahumanu Highway to the adjacent Kekaha Kai State
Park, which will be located makai of the existing access to the West Hawaii
Veterans' Cemetery, will provide a secondary access connection to the
Maniniowali project. The State Department of Land and Natural Resources
has prepared and published a Draft Environmental Impact Statement (DEIS)
which notes this secondary access point. A Traffic Monitoring Program for the
proposed intersection with Queen Kaahumanu Highway has been review and
approved by the State DOT. As reflected on the approved Detailed Site Plan, no
lot within the Maniniowali subdivision will have direct access to the Q~eeen
Kaahumanu Highway.
N. Should access to the project site be situated makai of the West Hawaii Veterans'
Cemetery access and if irrigation water is deemed necessary by the County Parks and
Recreation Department, the Applicant shall provide a minimum of 1,200 gallons per day
of imgation or non-potable water up to the Queen Kaahumanu Highway entrance to the
West Hawaii Veterans' Cemetery. Any extension beyond that point would be subject to
the mutual agreement of the Applicant and the County. Said water and system shall be in
place prior to or in conjunction with issuance of occupancy permit for the proposed golf
course or Final Subdivision Approval of any increment gaining access from the
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER/DEVELOPER: WB MANINIOWALI, T.LC (FORMAT_LF OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 9
respective intersection. Further, the cost of said improvements, shall be credited to or
deducted from the Applicant's Fair Share Contribution for park and recreational
improvements and facilities and road and traffic improvements, as required under
Condition U.
Response: WBM, in conjunction with WB Kukio Resorts, LLC (WB Kukio),
developers of the adjacent Kukio project, have been working with both the State and
County to provide irrigation water to the West Hawaii Veterans' Cemetery (WHVC).
The State Board of Land and Natural Resources (BLNR) has approved plans to
construct an irrigation reservoir on State lands mauka of Queen Kaahumanu
Highway. The reservoir site is located at an elevation and location on State Lands to
provide a direct above ground line to the WHVC. Up to 3,600 gallons per day will be
provided from the Kukio/Maniniowali irrigation source, free of charge. The reservoir
and the transmission line to the WHVC was installed in 2003 and is currently
providing irrigation water to support WHVC's Phase I improvements.
O. A Detailed Drainage Study (Study), if required, shall be prepared by the Applicant for
review and approval by the Department of Public Works prior to submittal of plans for
Subdivision and/or Plan Approval review of the residential and golf course, whichever
occurs first. The Study shall take into consideration the file drainage system, retention
basins and `reduced turf design which maybe incorporated into the golf course. A
drainage system for each phase of development in the project area shall be installed
meeting with the approval of the Department of Public Works, prior to issuance of Final
Subdivision Approval, a Certificate of Occupancy, or golf course opening, whichever
occurs first.
Response: A Drainage Study for the Phase I Subdivision was submitted to the
Department of Public Works (DPW) by WBM's civil engineers and approved by DPW
with the Phase I Subdivision construction plans.
P. A Solid Waste Management Plan shall be prepared and submitted for approval to the
Department of Public Works prior to submitting plans for Subdivision Approval.
Approved recommendations and mitigation measures shall be implemented in a manner
meeting with the approval of the Department of Public Works.
Response: In compliance to Condition P, a Solid Waste Management Plan for the
Maniniowali property has been approved by the Depart+nent of Environmental
Management-Solid Waste Division and will be implemented with the phased
developnent. A copy of the approved Solid Waste Management Plan was provider! to
the Planning Depm~tment on October 21, 2001 for its files.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OwTvER/DEVELOPER: WB MANiNICiW"ALI, LLC (FORMALL-v_" OWN_FD BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANIlVIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 10
Q. A wastewater treatment system shall be constructed to service the residential
development meeting with the approval of the Department of Health.
Response: Wastewater will be transmitted offsite to the Department of Health
approved wastewater treatment plant currently under construction at the adjacent
Kukio project Wastewater transmission lines will be constructed in conjunction with
the subdivision improvements.
R. An Emergency Preparedness and Response Plan (Plan) shall be submitted for review by
the Planning Department in consultation with the Fire Department and the Civil Defense
Agency prior to the issuance of a Certificate of Occupancy for any residential unit. The
Plan shall be limited to a review of the emergency roadway network and emergency
contact people or association.
Response: In compliance with Condition R, an Emergency Preparedness and
Response Plan has been approved by the Planning Department in consultation with the
Fire Department and the Civil Defense Agency. On November 5, 2001 the Planning
Department acknowledged receipt of the final Emergency Preparedness and Response
Plan meeting Condition R of Change of Zone Ordinance No. 00-7.
S. A Final Comprehensive Public Access Plan (Plan), to be developed in accordance with
applicable conditions of approval of the Land Use Commission Decision and Order
(Docket No. A92-677) and Land Exchange Agreement, shall be submitted in conjunction
with golf course plans submitted for plan approval review or with any residential
development, whichever occurs first. The Plan shall be submitted for the review and
approval by the Planning Director, upon consultation with the Department of Land and
Natural Resources (DLNR), and shall include mauka-makai, bike, pedestrian and
vehicular access; parking areas and restroom facilities on State land located makai of the
subject property and at locations approved by the DLNR, signage, emergency response
considerations, restrictions on use (if any), and related improvements. Implementation of
the Public Access Plan shall be completed no later than the opening of the golf course or
Final Subdivision Approval of any residential increment.
Response: On April I8, 2002 a Comprehensive Public Access Plan with an Interim
Public Access Plan was approved by the Planning Department A copy of the Plan was
also forwarded by the Planning Deparhnent to the DLNR for tJ:eir review and
comments. In accordance with the Directors letter received November 1, 2002 WBM
has effectively implen:enterl the Plan through the execution of an agreement and bond
which occurred prior to Final Subdivision Approval of the first residential increment
The timing for construction of tl:e improvements within tl:e adjacent State property will
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
O~arnrERiDEVELOPER: ~x~B T.~ANINIIO~x~P.LI, LLC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 1 ]
be dependent upon receipt of the necessary State and County Plan approvals and
permits. Construction of the public access and Park related improvements is expected
to begin by April of this year and take about seven (7) months to complete.
T. 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, relating to Affordable Housing Policy (attached). This requirement
shall be approved by the County Housing Agency prior to Final Subdivision Approval of
any portion of the residential area.
Response: In compliance with Condition T, the Hawaii County HousingAgency has
approved Resolution No. 126 for payment of in-lieu fees in the amount of $66,080.
Payment of the in-lieu fee was made to the Office of Housing and Community
Development and acceptance of which was acknowledge in a letter from the Office of
Housing and Community Development (OHCD) dated December 5, 2002.
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 the product of multiplying the number of residential lots proposed to be
subdivided by the amounts allocated herein below 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 $7,239.16 per single-family residential unit and $4,645.29 per multiple-family
residential unit. Based upon the Applicant's representation of intent to develop up to
nine hundred single family and multiple-family residential units, the indicated total of
Fair Share Contribution is $6,515,244.00 for single-family residential units. However,
the actual amount shall be increased or reduced in proportion with the actual number of
single-family and multiple-family units according to the calculation and payment
provisions sent forth in this Condition U. The Fair Share Contribution shall be allocated
as follows:
I . $3,490.85 per single-family residential unit for an indicated total of $3,141,765.00
to the County to support park and recreational improvements and facilities;
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER/DEVELOPER: WB MANINIOWALI, LLC (FORMAL LY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANIIVIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANHVIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 12
2. $168.40 per single-family residential unit for an indicated total of $151,560 to the
County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total of $299,349 to the
County support fire facilities;
4. $145.62 per single-family residential unit for an indicated Dotal of $131,058 to the
County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of $2,791,512.00
to the State or County to support road and traffic improvements.
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 facilities, 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 in Condition M shall
be credited against the sum specified in Condition U (5) for road and traffic
improvements, and the cost of providing and constructing the improvements in Condition
N shall be credited against the sum specified in Condition U (5) and (1). For purposes of
administering Condition U, the fair market value of land contributed or the cost of any
improvements 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.
Response: Afair-share contribution of $90,528.20 from W.B. Maniniowali was
submitted to the Planning Department on December 4, 2002. A letter dated December
24, 2002 from the Planning Department acknowledges receipt of the payment and the
developer's compliance with the fair-share contribution as delineated in Condition U.
V. An Archaeological Data Recovery Plan and Preservation Plan (Plan) shall be submitted
for the review and approval by the Planning Director in consultation with the Department
of Land and Natura] Resources-Historic Preservation Division (DLNR-HPD). The Plan
shall consist of three subplans: (1) an Archaeological Data Recovery Plan for the sites to
undergo data recovery, (2) a Detailed Interim Protection/Preservation Plan for the sites to
undergo preservation, and (3) an Interpretation Plan which shall include buffer zones,
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER/DEVELOPER: WB MANINIOWP.LI, LLC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2~u AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 13
signage and long-range preservation concerns which maybe submitted at a later date.
Proposed mitigation treatment (preservation in place or disintemmenUreinternment) for
burial sites within the subject property shall be approved by the Historic Preservation
Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for
these sites. A copy of the approved Final Archaeological Data Recovery Plan and
Preservation Plan shall be submitted to the Planning Director for its files prior to
submitting plans for subdivision review or prior to any approval for any land alteration
permits, whichever occurs first.
Response: In compliance with Condition V, an Archaeological Data Recovery Plan for
the Maniniowali property has been approved by the Department of Land and Natural
Resources- Historic Site Preservation Division (DLNR-HSPD) and all in-field data
recovery work, as delineated in the Plan, has been completed. Further, a Final
Detailed Interim Protection and Preservation Plan has been approved by DLNR-SHPD
and interim protective measures have been implemented as directed and approved by
DLNR-SHPD. An Interpretation Plan, as noted in the above condition, that includes
the long term preservation measures, buffer zones and their treatments, and details of
the interpretive signage, is included as part of a Long-Term Preservation Plan that was
approved by the DLNR-SHPD on July 30, 2003. A copy of the approved Final Long-
Term Preservation Plan dated March 3, 2003 has been submitted to the Planning
Department far its files.
W. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be encountered, work
in the immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the DLNR-HPD when it is
found that sufficient mitigative measures have been taken.
Response: On May 7, 2003, workers at Maniniowali uncovered human remains in the
area just mauka of the existing maintenance yard that is north of Puu Papapa.
Following WBM's established protocols, work in the area stopped immediately. The
SHPD archaeologist on the Big Island, Mary Anne Maigret, was immediately notified
as was WBM's archaeologist, Thomas Dye, Ph.D. WBM will consult further with
DLNR-SHPD Burial Site Program to determine the appropriate disposition of the
skeletal remains. As required by Condition W, work in the effective area will not
resmne until clearance is obtained from DLNR -HPD once it has found that suffrcient
mitigation measures has been taken.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
O`vVNER/DEVELOPER: WB MANINIOWALI, LLC iFORMALLY Oi~INED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 14
X. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the United Impact Fees Ordinance.
Response: Should the Council adopt a Unified Fees Ordinance, the development will
comply with the Condition as set forth above.
Y. The Applicant shall comply with all Conditions of Approval of the Land Use
Commission Decision and Order (Docket No. A92-677) and Exchange Deed Agreement
to Exchange dated December 28, 1990 (Document No. 92-038660), and shall not seek
any amendments to said Agreement. A copy of the written documentation of compliance
with these conditions shall also be submitted to the Planning Director.
Response: WBMis in compliance with the conditions of the Land Use Commission
Decision and Order (Docket No. A92-677) and Exchange Deed Agreement to
Exchange dated December 28, 1990 (Document No. 92-038660) and an Annual Report
on the status of development and compliance with the Conditions of Approval was
submitted to the State Land Use Commission, a copy of which was submitted to the
Planning Department for its files.
Z. Comply with all other applicable laws, rules, regulations and requirements of affected
agencies for approval of the proposed development within the subject property.
Response: WBM will continue to comply with all applicable laws, rules, regulations,
and requirements of the affected agencies.
AA. An Annual Progress Report (Report) shall be submitted to the Planning Director prior to
each anniversary date of the approval of this Project District Ordinance. The Report shall
address in detail the status of the development, the number of units constructed, sold and
occupied 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 the
Director acknowledges that further reports are not required.
Response: This Annual Progress Report is being submitted in compliance with
Condition AA. An Annuu[ Progress Report addressing the status of development, the
number of units constructed, sold and occupied and compliance with the conditions of
approval of Ordinance No. 00-7 will be submitted to the Planning Director until the
Director acknowledges that further reports are rzo longer required.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNER/DEVELOPER: WB MANINIOWALI. LLC (FORMALLY OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COivIMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 15
BB. Twenty (20) years from the effective date of the Maniniowali Project District Ordinance,
the Applicant shall submit a Detailed Status Report of the Project, including the number
of units completed and other related construction development. This Detailed Status
Report shall be submitted to the Planning Department for transmittal to the Planning
Commission for their review and recommendation and then forwarded to the County
Council for their review and action.
Response: The development will comply with the Condition BB as set forth above.
CC. An 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 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 Project District.
(4) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
year maybe extended for up to one additional year).
(5) If the Applicant should require an additional extension of time, the Planning
Department shall submit the Applicant's request to the County Councii for
appropriate action.
Response: No request for an extension of time to melt the above conditions of
approval has been submitted or is anticipated. WBM will continue to make best efforts
to meet the above conditions in a timely and effective manner.
DD. Should any of the conditions not be met or substantially complied within a timely
fashion, the Director may initiate rezoning of the subject area to its original or more
appropriate designation.
Response: As noted above, WBM has made best efforts to meet all the conditions of
Ordinance 00-7.
Mr. Christopher J. Yuen, Director
SUBJECT: ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;
OWNERJDEVELOPER: WB MANINIOWALI, Lr r (FnRNrALr tir OWNED BY
MANINIOWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINIOWALI
RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINIOWALI, NORTH KONA,
HAWAII; TMK: (3)7-2-04: PORTION OF 18
February 9, 2004
Page 16
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
G i~~~
MES M. LEONARD, AICP
Principal -Hilo Office
cc: R. Mori (WB Maniniowali)
M. Morinaga (WB Maniniowali)
E. Divita (Discovery Land Co.)
C. Carlson (WB Maniniowali)
K. Inouye (Kobayashi Group, Inc.)
S. Lim (Carlsmith Ball)
S. Fuke (Sidney Fuke Planning Consultant)
T. Witten (PBR HAWAII)
2004 Annual Report DRAF7'.wpd