HomeMy WebLinkAboutCOM 0826.000 2002-2004
SY H
4Q~N... ...,gHge
Harry Kim Christopher J. Yuen
Mayor
DirtRnr
qeE `:N'~J1
Roy R. Takemoto
Deputy Dircc(or
(90unfu of Cttfunn
PLANNING DEPARTMENT r
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742 rv
October 19, 2004
Mr. Thos Rohr, President
Waikoloa Development Company
150 Waikoloa Beach Drive
Waikoloa, HI 96738
Dear Mr. Rohr:
Change of Zone Ordinance No. 265, as amended by
Ordinance No. 85 75 (REZ 506)
Change of Zone Ordinance No. 91 112 (REZ 697)
Applicant: Waikoloa Development Company
Subject: 2004 Annual Progress Report
Tax Map Keys: 6-9-7:9, 12-18, 25, 26,30 and 6-9-8:2 6 7 9-12
This is to acknowledge receipt of your letter dated September 28, 2004, containing an annual
progress report as required by Condition K of Ordinance No.85 75 (REZ 506) and Condition M
of Ordinance No. 91 112 (REZ 697). We appreciate the thoroughness of your report. We will
forward copies of your report to the Planning Commission and County Council.
Thank you for your cooperation in this matter. If you have any questions, please feel free to
contact Jeff Darrow at 961-8288.
Sincerely,
CHRISTOPHER Js YUEN
Planning Director
JWD:smn
P:\WPWIN60\JEFF\Letters\Annual Reports\LRohr-REZ506&REZ697-APR(3).doc
xc w/att: Planning Comiision BZCo
County Council Comm. No. Y/
Flawaiti County is an Equal Opportunity Provider and Employer Ref. To.-
Ref. Dote OCT 2 ri l1
2~Q4
~:F_~ Aff
WAIKOLOA
I~MSZMW
September 28, 2004
Mr. Christopher J. Yuen, Planning Director
Planning Department
Aupuni Center
101 Pauahi Street
Hilo, Hawaii 96720
RE: ANNUAL REPORT
ZONING ORDINANCE 265, AS AMENDED BY ZONING
ORDINANCE 85-75 (REZ 506) AND ZONING ORDINANCE 91-112 (REZ 697)
WAIKOLOA DEVELOPMENT COMPANY
TMK: 6-9-7:9,12-18,25,26,30 and 6-9-8:2,6,7,9-12
Dear Mr. Yuen:
Please let this letter serve as the combined Annual Report required by Condition K of Zoning Ordinance
85-75 and Condition M of Zoning Ordinance 91-112 for the Waikoloa Beach Resort.
Ordinance No. 265, as amended by Ordinance No. 85-75 (REZ 5061
• "A. The overall development shall conform substantially to the plans submitted and the
representations made by the petitioner, as described in the Waikoloa Beach Resort
environmental impact statement identified as 'File Exhibit 1' on file in the Planning Department,
except as further amended by subsequent ordinances;"
Compliance: The overall development has conformed substantially to the plans submitted and
the representations made by petitioner as described in the Waikoloa Beach Resort
environmental impact statement, except as further amended by subsequent ordinances.
• "B. Development shall occur in two increments as spelled out in 'File Exhibit 1' on file in the
Planning Department, except as further amended by subsequent ordinance. The effective date
of zoning for the second increment shall be after the development has occurred in the first
increment. Development is defined as building permits issued, ground broken and construction
commenced on permanent structures on twenty-five percent of the zoned area for hotel
development and fifteen percent of the zoned area multiple family residential development, in
addition to the required amenities;
Compliance: This condition has been satisfied.
• "C. The petitioner or its authorized representative(s) shall submit plans for the consolidation and
resubdivision of Increment One within six (6) months of the effective date of approval of the change
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher J. Yuen
Page 2
September 28, 2004
of zone request. The petitioner/representative(s) shall also be responsible for securing final
approval;
Compliance: This condition has been satisfied.
• "D. The method of sewage disposal shall conform to the rules and regulations of the State
Department of Health. The petitioner shall also comply with other rules and regulations of the
Department of Health;"
Compliance: Operation of the existing West Hawaii Utility Company water reclamation plant is in
compliance with agency regulations and is inspected annually by the Department of Health. No
other treatment facilities have been constructed to date. The petitioner shall continue to comply with
the rules and regulations of the Department of Health
• "E. Prior to the development of each increment, water shall be made available in compliance with
the requirements of the Department of Water Supply;"
Compliance: This condition has been satisfied.
• "F. A minimum of 19.5 acres of land shall be set aside for park and active recreational purposes for
the petitioner's total proposed resort development, which includes the multi-family sites, and makai
of the King's Trail and encompassing approximately 501 acres. This area shall be in addition to the
golf course, historic site areas, and the 16± beach area. The actual amount of these recreational
lands to be incorporated within the 501 acre area makai of the King's Trail and covered by this
rezoning action shall be determined by the Planning Director as the development progresses. It is
understood that recreational areas within a multi-family site shall be credited towards the 19.5-acre
requirement. This park area shall remain in private ownership and maintenance until such time that
the petitioner decides to dedicate the area to and it is accepted by the County. There shall also be
adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private
park by recorded covenant running with the land;"
Comppliance: This condition has been satisfied. Waikoloa Development Co. has set aside the beach
parcel, trails and numerous historic preserves within the Waikoloa Beach Resort.
• "G. Any golf cart and/or golf course maintenance vehicle crossing public thorough fares shall be in
compliance with Article 5 of Chapter 6, Traffic Code, of the Hawaii County Code, as amended;"
Compliance: This condition has been satisfied. The petitioner shall continue to comply with the
rules and regulations of Chapter 6, Traffic Code, of the Hawaii County Code.
• "H. The petitioner or its authorized representative(s) shall submit an Employee Housing Needs
Study for Step IA of the proposed development to the Planning Director. The Director shall accept
or reject the study within thirty (30) days of submittal of the study with reasons stated thereof. If
there is no response within the thirty (30) day limitation, the study shall be deemed acceptable. To
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher J. Yuen
Page 4
September 28, 2004
Naupaka Place (TMK: 6-9-07:13) has completed the development of the (11) eleven single-family
luxury home site lots.
SunStone Realty Partners )UV, LLC (TMK: 6-9-08:03) completed construction of a 165 unit
condominium project with units varying in size from 1,280 square feet to 2,198 square feet.
SCD International, LLC (TMK: 6-9-07:35) completed construction of 168 town homes units
ranging in size from 1,280 square feet to 1,800 square feet.
Centex Land Investments, LLC (TMK: 6-9-07: 10&12) continues construction of Phase I
consisting of sixteen (16) condominium units in three buildings, seventeen (17) single family lots and
a beach club.
Hilton Grand Vacations Club, formerly Bay Club II (TMK: 6-9-07:32), submitted conceptual
drawings to the Waikoloa Architectural Review Committee for a 120 unit condominium
project.
Lot 2, File Plan 2376 (TMK: 6-9-08: por. 13) was subdivided and sold for development of a
future condominium project.
Completion of construction on Waikoloa Homesites Venture's golf course (TMK: 6-9-08: por.
2), which commenced on January 26, 1995, remains deferred pending a change in market
conditions.
The Kings' Estates (6-9-08:por. 12) single-family residential subdivision continues to remain on
hold.
Work Completed includes:
The Kings' Shops shopping center (TMK: 6-9-08:5) with a total of 75,000 square feet offers a
variety of shops and restaurants. Kings' Shops have several new tenants:
Kolea Discovery Center - A Real Estate Showroom for information on high quality real estate
brokerage services for the Kolea at Waikoloa project being developed in Waikoloa Beach
Resort.
Merriman's Market Cafe - Featuring Italian & Mediterranean-style cuisine with full service
indoor and outdoor dining in a casual Mediterranean decor and atmosphere, in addition to a
full service bar and gourmet delicatessen counter offering takeout selections of fresh fish and
steaks among other specialty dishes. Merriman's original restaurant opened in 1988 in
Kamuela and continues to attract visitors and locals alike to enjoy his cuisine.
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher J. Yuen
Page 5
September 28, 2004
Waikoloa Properties - A Real Estate Showroom for information on high quality real estate
brokerage services for the Naupaka Place project that completed development in Waikoloa
Beach Resort.
Saint Dizier Design, Inc. - An Interior Design Showroom with a wide selection of interior
designs and services.
Lmplovnlent:
Direct employment by the major operating entities at the Waikoloa Beach Resort are estimated
below:
The Bay Club 175
The Beach Grill Restaurant 17
Dolphin Quest 34
Hilton Waikoloa Village 1,230
Kings' Shops (including tenants) 456
Ocean Sports 30
Red Sail Sports 32
Outrigger Waikoloa Beach 330
The Shores at Waikoloa 40
Vista Waikoloa 5
Waikoloa Land Company and
related entities 161
Total Estimated Resort Employment 2,510
• "L. All other applicable rules and regulations be complied with, including the Special Management
Area, Planned Development Permit, and Plan Approval processes. In addition, any conditions of
approval stipulated by the Planning Commission in the granting of requested permits, such as the
Special Management Area Use Permit, Planned Unit Development Permits, Planned Development
Permits, and State Land Use Special Permits shall be incorporated herein by reference. Should any
of the foregoing conditions not be met, rezoning of the area to its original zoning designation may
be initiated."
Compliance: All other applicable rules and regulations have been complied with, including the
Special Management Area Use Permit, Planned Unit Development Permits, Planned Development
Permits, and State Land Use Special Permits which have been incorporated herein by reference.
ORDINANCE 91-112 (REZ 697)
• A. The applicant, successors or its assigns shall comply with all the stated conditions of
approval;
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher J. Yuen
Page 6
September 28, 2004
Compliance: Compliance with all conditions of approval are being pursued and/or the conditions
are ongoing and will continue to be complied with as applicable.
• B. Plans for residential development or a portion thereof shall be submitted for plan approval
within one year from the effective date of the change of zone and Final Plan Approval secured
within one year thereafter. To assure adequate time for Plan Approval review and in
accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-
five (45) days prior to the date by which Plan Approval must be secured;
Complianee: This condition has been satisfied.
• C. Intersection improvements to Queen Kaahumanu Highway, which may include phasing
thereof as well as a highway underpass and diamond interchange at the south entrance shall be
installed in a manner meeting with the approval of the Department of Transportation. A
Traffic Management Plan shall be approved by the Department of Transportation and approved
recommendations implemented. Further, a letter from the Department of Transportation-
Highways Division confirming the funding and construction of other on-site and off-site
transportation improvements or other means agreed upon, shall be submitted within one year
from completion of the Department of Transportation-Highways Division Corridor Study;
Compliance: The Department of Transportation, has begun construction of a traffic signals at two
separate locations: (1) at the entrance to the Resort off of Queen Kaahumanu Highway and (2) at
the intersection of Waikoloa Road and Queen Kaahumanu Highway. According to the DOTS
Long-Range Transportation Plan, January 1998, the widening of Queen Kaahumanu Highway
between Kona International Airport and Waikoloa Road is a Tier 3 project and is currently
scheduled to commence sometime between the years 2011 and 2020. The Department of
Transportation planning efforts continue to focus on the portion of the Queen Kaahumanu Highway
between Kealakehe and the Kona International Airport.
• D. All roadways within the proposed development shall be constructed in accordance with the
requirements of the Department of Public Works. Curbs, gutters and sidewalks may be
required to be constructed in areas of likely pedestrian traffic as determined by the Chief
Engineer and the Planning Director;
Compliance: This condition has been satisfied.
• E. A roadway connection to the adjacent property to the north shall be provided meeting with
the approval of the Department of Public Works;
Compliance: Development of the Kings Estates a single-family residential project, located on a
portion of Lot 2, File Plan 2013 (TMK: 6-9-08: por. 12) continues to be deferred. Prior to the
development of this project, of which this roadway connection to the adjacent property is a part of,
the applicant will contact the Planning Department and the Department of Public Works for further
review.
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher J. Yuen
Page 7
September 28, 2004
• F. A drainage system shall be installed meeting with the approval of the Department of Public
Works;
Compliance: This condition has been satisfied.
• G. All residential, commercial and industrial units and uses shall be connected to a sewage
treatment plant, public or private meeting with the approval of the appropriate governmental
agencies;
Compliance: Compliance with this condition is ongoing and will continue to be complied with as
fiuther development continues.
• H. Should any unanticipated archaeological sites or features be uncovered during land
preparation activities, work within the affected area immediately cease and the Planning
Department notified. Work within the affected area shall not resume until clearance is obtained
from the Planning Department;
Compliance: Should any archaeological resources be discovered during site work, applicant
will immediately comply with this condition.
• I. Comply with the requirements of the Department of Education. A letter from the
Department of Education confirming compliance and the nature in which compliance has been
met shall be submitted prior to issuance of a certificate of occupancy for any of the multi-family
residential units;
Compliance: According to the Department of Education's memo to the Executive Office of the
State Land Use Commission dated January 11, 1994, this condition has been satisfied.
• J. Comply with all other applicable laws, rules, regulations and requirements, including those
of the Department of Water Supply, Department of Public Works and the Department of Land
and Natural Resources;
Compliance: All other applicable rules and regulations have been complied with, including those
of the Department of Water Supply, Department of Public Works and the Department of Land
and Natural Resources.
• K. Comply with applicable conditions of Ordinance No. 265, as amended, the State Land Use
Commission Decision and Order, and SMA Use Permit No. 25, as amended;
Compliance: Compliance with this condition is ongoing and will continue to be complied.
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher J. Yuen
Page 8
September 28, 2004
• L. 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;
Compliance: The applicant will comply with this condition.
• M. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this change of zone. 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 and the Planning Director acknowledges that further reports are not
required;
Compliance: An annual progress report continues to be submitted to the Planning Director
prior to the anniversary date of the effective date of this change of zone.
• N. An 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 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 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
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: Applicant will continue to comply with the condition.
We are encouraged by the recent interest in resort residential projects and look forward to an active
2005 at Waikoloa Beach Resort.
Your acceptance of this report for 2004 is appreciated.
Re tfully submitted,
Thos Rohr
President
150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896