HomeMy WebLinkAboutCOM 0345.003 2002-2004 1_,1 Jp1V OS N9b
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Harry Kim Christo her J. Yuen
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PLANNING DEPARTMENT ~
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3 43
(80Rj961-8288 Fax(SOS)961-8742
May 5, 2004
Mr. Gregory R. Mooers, President
Mooers Enterprises
PO Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
Change of Zone Ordinance No. 94 20 (REZ 759)
Applicant: Hale Wailani Partners (Previously Nansay Hawaii, Inc.)
Subject: Annual Progress Report
Tax Map Key: 6-2-001: 18, 74 & 75
Thank you for the annual progress report dated March 30, 2004, as required under
Condition U of the above referenced ordinance. By copy of this letter, we will forward
your report to the County Council and the Planning Commission for their reference.
We have the following comments:
1. Condition C: We will consider the effective date of Change of Zone Ordinance
No. 94 20 (REZ 759) to be June 24, 1998 based on the notification from the
Department of Water Supply that 49 units of water could be made available to the
subject property. Our letter October 7, 2003 acknowledges receipt of the
settlement agreement between Bridge Aina Le'a and Hale Wailani Partners. In
our letter we requested that you submit verification of an agreement, together with
the appropriate bond, surety or other security deemed acceptable by the Planning
Director, executed between the applicant and the County through the Department
of Water Supply and Planning for the actual development of a proven source and
its water transmission and distribution system to be in compliance with
Condition C (2). We are again requesting for this verification to be submitted.
Cotmn. No. 3'l S. 3
Ref. To:--~~`-
Ref. Uate t•t/{t 1~
Mr. Gregory R. Mooers, President
Mooers Enterprises
May 5, 2004
Page 2
2. Condition D: We acknowledge that the plans for the proposed subdivision have
been submitted within 3 years from the effective date of the rezoning
(SUB 99-022) incompliance with this condition (complied).
3. Condition E: Complied
4. Condition A: Complied
5. Condition K: Based on the low volume of traffic in this area and the wide right
of way, we will not require the installation of bike lanes.
6. Condition L: Based on your recent verbal proposal, we will agree to the
development of a play court, such as a basketball court, near the Ouli self-help
housing project, and the donation of land set aside for a manager's house to be
located in the same area as the play court to satisfy this condition. You will need
to formulate a recreational plan for approval by the Planning Department, in
consultation with Department of Parks and Recreation as soon as possible to
confirm this proposal.
7. Condition N: Complied
8. Condition Q: We will accept the previous donation of the medivac helicopter to
satisfy the fair share contributions for police and fire protective services.
Intersection improvements to Waimea-Kawaihae Road will not be credited to the
fair share contribution for state and county road and traffic improvements. These
improvements are for the benefit of the created subdivision, except that we will
credit 25% of the cost of the intersection improvements, which represents the use
of the intersection by the Ouli self-help housing units and rental housing units.
This amount is determined by dividing the maximum limit of lots allowed by the
rezoning (225), plus the amount of self-help housing units (40) and rental housing
units (33) by the amount of self-help housing units and rental housing units (73).
The cost of intersection improvements are for road improvements only and do not
include the cost of landscaping as required by Condition J. The improvements do
not include infrastructure improvements referred to under Condition R as well,
because these refer to improvements required offuture developers, not this
present development.
Mr. Gregory R. Moocrs, President
Mooers Enterprises
May 5, 2004
Page 3
In regards to your consideration of making a portion of land near Ouli Ekahi
available For a recycling center to address the solid waste disposal function
contribution, I suggest that you meet with representatives from the Department of
Environmental Management to verify that this would be an option to satisfy this
portion of the condition.
We appreciate the thoroughness of your report. Please submit the requested inforniation
as soon as possible. If you have any questions, please feel free to contact Jeff Darrow at
961-8288.
Sincerely,
r ;
CHRISTOPHER J. YUElV
Planning Director
JWDamn
P:\WPWIN60\JEFF\Letters\Annua] Reports\LMooers-APR-REZ759(4).doc
cc w/copy of letter: ~Iawaii County Council
Planning Commission
Planning Department-Kona
Alice Kawaha, Planning Program Manager
Long Range Division
Parks and Recreation
MOOERS ENTERPRISES, LLC
P.O. Box 1 1 O 1
KAMUELA, HAWAII 96743
March 30, 2004
Mr. Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Zoning Ordinance 94-20
TMK: 6-2-01:18,74&75
Annual Report
Dear Mr. Yuen:
I am an agent for Hale Wailani Partners, LP, owner of the subject property identified above.
Pursuant to ordinance number 94-20 I hereby am submitting the annual report in satisfaction of
condition "U". I will review the status of compliance with each of the conditions of Approval.
(A) the applicant, its successors or assigns be responsible for complying with all of the stated
conditions of approval;
We will comply with all stated conditions of approval.
(B) the applicant shall indemnify and hold the County of Hawaii harmless from and against
any loss, liability, claim or demand
for the property damage, personal injury or death
arising out of any act or omission of the applicant, its successors or assigns, officers,
employees, contractors and agents under this ordinance or relating to or connected with
the granting of this ordinance;
We will comply with this condition.
C) the effective date of the rezoning, except as otherwise conditioned in the following
subsections, shall be (1) when the applicant provides assurances satisfactory to the
Departments of Water Supply and Planning, upon consultation with the State Department
of Health and the Department of Land and Natural Resources, that a water source (s) of
sufficient quality and quantity has (have) been established within two years from the
enactment of this ordinance; provided that a maximum one
year extension may be
PHONE: (808) 885-6839
FAX: (808) 885-1 574
EMAIL: GMOOERSC°~HAWAII.RR.COM
Mr. Christopher Yuen
March 30, 2004
Page Two
granted by the Planning Director with reasonable and sufficient justification; and (2) an
agreement, together with the appropriate bond, surety or other security deemed acceptable by
the Planning Director, is executed between the applicant and the County through its
Departments of Water Supply and Planning for the actual development of a proven source
and its water transmission and distribution system within one year for the official date of
compliance with condition C (I); provided that a one year extension may be granted by the
Planning Director with reasonable and sufficient justification;
My client contacted the Department of Water Supply and on June 24, 1998 was notified that 49
units of water could be made available to the subject property. Your letter of July 10, 2001
acknowledges compliance with this condition. We believe that since the Department of Water
Supply notified us that water is available to the project on June 24, 1998, that this should be
considered the effective date of the zoning per this condition.
(D) the plans for the proposed subdivision shall be submitted to the Planning Director within
three (3) years from the effective date of the rezoning. The proposed subdivision shall not
exceed a maximum limit of 225 one acre sized lots. Upon granting Final Subdivision
Approval of these lots, the Planning Director may initiate an amendment to the zoning of
the golf course into a more appropriate zoning classification;
The owner submitted a subdivision application February 4, 1999 and received Tentative
Subdivision Approval April 13, 1999. Recent litigation has delayed the applicant's ability to
comply with all conditions, but since the suit is finalized the applicant will comply with the
remaining conditions.
(E) a detailed Historic Preservation Plan shall be submitted to be reviewed and approved by
the Planning Department, in consultation with the State Department of Land and Natural
Resources-Historic Preservation Division, prior to submitting plans for subdivision review.
This Plan shall consist of a detailed archaeological data recovery plan (scope of work with
research design) and u detailed preservation plan. 1
ne 1'fum:ing I>epartmeni anu the
State of Hawaii's Historic Preservation Division shall verify in writing the successful
execution of the plan, prior to land altering activities in the area of historic sites. Proposed
mitigation treatment (preservation in place or disinterment /reinterment) for burial sites
must be approved by the Historic Preservation Division's Hawaii Island Burial Council
before detailed mitigation plans are finalized
for these sites:
We have completed the archaeological survey and it has been submitted to DLNR-Historic
Preservation Division for their review. We received approval from State Historic Preservation
for the Preservation Plan on January 18, 2001. We received an approval for the Burial Treatment
Plan from the Historic Preservation Division dated September 20, 2001. Your letter of October
7, 2003 acknowledges our compliance with this condition.
Mr. Christopher Yuen
March 30, 2004
Page Three
(F) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, paving, or walks be encountered, work
in the immediate area shall cease and the Planning Department shall be immediately
notified Subsequent work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative measures have been taken;
We will comply with this condition while constructing the project.
(G) access to the propertyfrom Kawaihae Road shall meet with the approval of the
Repartment of Transportation, Highwa;~s Division aril. t/re interior roadways shall comply
with the roadway standards of the Department of Public Works;
We have engineered the necessary improvements and the agencies have signed the construction
drawings to indicate their concurrence that we have complied with this condition. Your office
certified the construction tracings on January 18, 2000.
(H) to ensure 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 Community Development, that the
applicant's affordable housing requirements, if any, have been agreed to prior to the
issuance of Final Subdivision Approval;
We have forwarded to your office a letter from the Office of Housing and Community
Development that confirms there is no affordable housing requirement for the subject project.
Your letter dated November 14, 2003 acknowledges our compliance with this condition.
(I) as represented by the applicant, restrictive covenants in the deeds of all the proposed lots
shall prohibit the construction of a second dwelling unit on each lot. A copy of the
proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to
the Planning Department for review and approval prior to final subdivision approval. A
copy of the approved covenant shall be recited in an
Conveyances likewise prior to final subdivision approval;
We will comply with this condition at the time that lots are created. The covenant will be
submitted to the Planning Department for review and approval prior to final subdivision
approval.
(J) an overall landscaping master plan, which includes landscaping along Kawaihae Road
and a program for the maintenance of the landscaping master plan, shall be submitted to
the Planning Director for review and approval, in consultation with the Chief Engineer
prior to the issuance of
final subdivision approval and/or final plan approval, whichever
occurs first;
Mr. Christopher Yuen
March 30, 2004
Page Four
We propose xeriscape landscaping to minimize the use of irrigation water in this arid area. This
would allow the project to blend with the existing native vegetation and minimize the visual
impact of the development. We suggest two exceptions to this policy. The first is an entry
feature landscaping plan that may be integrated with a planting along the primary roadway. The
second could possibly be the establishment of a landscape buffer and windbreak along the mauka
boundary with the affordable housing projects. We will submit these plans for review prior to
plan approval as required by this condition.
(K) The applicant shall consider installation of bike lanes throughout the project as a means
of addressirrs pedestrian ~.t:d bicyclist safetjt;
Given the rural nature of this subdivision and the wide grass and paved swales in the adjoining
subdivisions of Anekona and Kanehoa, we believe the most appropriate treatment of the
roadways is to continue with a Swale roadside. The low volume of interior roadway traffic and
the 50' right-of--way provide the requested safety for the pedestrians and bicyclists.
(L) to ensure the Goals and Policies of the Recreation Element of the General Plan are
implemented, the applicant shal[formulate a recreational plan to address the impacts of
the project for review and approval by the Planning Department, in consultation with the
Department of Parks and Recreation prior to submitting plans for subdivision of any
portion of the subject property. The recreational plan shall be consistent with Chapter 8
Article I, Park Dedication Code. The implementation of the Recreational Plan shall be
completed in conjunction with each phase of development of the subject property;
We have had discussions with you regarding the possibility of the applicant providing additional
acreage adjacent to the higher density Ouli Ekahi project or the self-help project for recreational
purposes. We had also discussed the possibility of the applicant providing acreage for a
manager's unit next to the County's affordable rental project which could include a hard surface
play court for use by residents of the affordable rentals and self-help housing proiect in the area.
There is a possibility that additional acreage could be provided for another phase of the self-help
housing project. We look forward to continued discussions with you regarding this condition.
(M) a drainage system shall be installed meeting with the approval of the Department of
Public Works;
The owner will comply with all conditions placed on the project by the Department of Public
Works as related to drainage.
(N) that a Solid Waste Management Plan meeting with t/:e approval of the Department of
Public Works shall be submitted prior to Final Subdivision Approval of the proposed
development;
Mr. Christopher Yuen
March 30, 2004
Page Five
This plan was approved by the Department of Environmental Management October 17, 2003,
which you acknowledged in your letter dated November 14, 2003.
(O) the applicant shall construct all on site and offsite sewer improvements required by the
Department ofPub[ic Works and the State Department ojHealth;
We have had meetings with the Department of Health and will comply with their regulations
when constructing this subdivision.
tF) In lieu of uctuaf construction of improvements as required in Gonditivns C. i and v; the
applicant may enter into an agreement with the Planning Department to assure the
County that the infrastructural improvements will be constructed by way of a development
agreement, surety bond, certified check or other security acceptable to Corporation
Counsel and the Planning Department. Upon final execution of such agreement and/or
filing of the security with the County, Final Subdivision approval
for the proposed
development nay be granted prior to the actual construction of required infrastructural
improvements;
We will make a determination related to the timing of improvements and the possible use of
bonding at the time we request final subdivision approval.
(Q) the applicant shall provide its fair share contribution to address regional impacts of the
project with respect offire. police, solid waste disposal
facilities, and roads. The fair share
contribution shall be initially based on the representations contained
within the change of zone application and may be increased or reduced proportionally if
dwelling unit counts are adjustedL The fair share contributions described below shall be
adjusted annually based on the percentage change in the Honolulu Consumer Price Index
(HCPI). A pro rata portion of the contribution, based upon the density shall become due
and/or payable, at t/ee discretion of the County in the event the applicant conveys an
ownership, leasehold, or conirolling development interest in the affected land prior io
receiving its initial subdivision approval of the proposed development. Otherwise, said
contribution shall be satisfied in conjunction with the receipt of
final subdivision approval
as the case may be, of the proposed development. The fair share contribution for each
residential unit shall be based on the maximum density for each lot as determined by the
zoning resulting from this change of zone. The fair share contributions in a form of cash,
land, facilities, or any combination thereof shall have the following maximum value: (1)
$71,096forfre protective services; (2) $35,996 for police protective services; (3) $662,985 to
support state and county road and traffic improvements within the South Kohala region; (4)
$31,127 to support county solid waste disposal
functions within the West Hawaii region. In
lieu of
paying the fair share contribution, the applicant may construct such
improvements/facilities meeting with the approval of the appropriate agency. Any
Christopher Yuen
March 30, 2004
Page Six
contributions required 6y the ordinance that exceed the fair share requirement of this
proposed development shall, at the applicant's request be credited towards any of the
applicant's future developments that require infrastructural impact contributions;
We have met with you to discuss the credits to be awarded for the previous gift of the medivac
helicopter. It is my understanding that you will credit that $1,255,00 donation toward the police
and fire impact related fees.
lii improvements required to improve .he intersection referenced in condition and
"R"(estimated to be $600,000) we believe should be credited to the impact fee for regional
roadways. In addition the Hawaii Island Development Corporation and the County have
requested that we donate our access roadway, which is located on the applicant's property and
serves as the access to our property and the County's affordable rental project.
If we acquiesce to the County's request to donate this property, we believe these donations and
improvements would satisfy the roadway improvement portion of condition Q.
The applicant would consider making a portion of the additional land near Ouli Ekahi available
for a recycling center to reduce the waste stream from the subject property and the County's
rental project, to address the solid waste portion of this condition.
We look forward to continued discussions regarding full compliance with this condition.
R) should any infrastructure improvements related to Waimea-Kawaihae Road be required of
future developers, the applicant, its successors or assigns of the subject property shall pay
for their pro rata share of improvements, as determined by the Planning Director. The pro
rata share determination and implementation shall be approved by the Planning
Department in consultation with the Department of Public Works and shall be credited to
the anplicant's state and county road and trnffic improvements as required under
condition Q;
This condition verifies that we should receive impact related fee credit for the proposed
intersection improvements on Kawaihae Road. We will comply with the improvements required
by the Department of Transportation. See approved construction tracings.
(S) In the event that the State Department of Education adopts an educationaljacilities impact
fee program, the applicant s/:all participate;
We are not aware of the county imposing such a fee. If a new policy that affects all current and
previous rezonings is established and universally enforced, we will also comply.
Christopher Yuen
March 30, 2004
Page Seven
(T) comply with all applicable laws, rules, regulations and requirements, including those of
the Department of Health, Fire, and the Department of Water Supply;
We will comply with all agency rules.
(U) an annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the ordinance. The report shall include, but not be limited to, the
status of developmea and to what extentthe conditions oj'approval are being complied
with. This condition shall remain in effect until all of the conditions ojapproval have
been complied with and the Planning Director acknowledges thatfurther reports are not
required;
This letter serves to satisfy this condition.
(V) should the council adopt a Unified Impact Fee Ordinance setti+:g forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fee Ordinance; and
We will comply with this condition should a Unified Impact Fee Ordinance be passed. We
understand that all requirements of this ordinance will be credited toward any amount that may
be imposed.
(W)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 applicants, successors or asslgns, and that are not the result of their fault or
negligence; 2) granting of the time extensio+z 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 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., 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 applicants request to the County Council
for appropriate action.
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.
Your letter dated May 16, 2002 granted a time extension to comply with all conditions of the
tentative approval letter dated April 13, 1999, until April 13, 2004.
Clrristopher Yuen
March 30, 2004
Page Eight
Should you or your staff have any questions related to this annual report, please contact me
directly.
Sincerely,
Grego Mooers
President
GRM:jy