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HomeMy WebLinkAboutCOM 0485.000 2004-2006 YY Os M JN.....,,gy. eP.' . e Hany Kim Christopher J. Yuen Mayor Dirccmr .Jf 7. 1 ~ q•F GI~N•it Roy R. Takemoto Depury Dircnoe ~IILt1T~~J II~ ~M~1tMtT PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax (808)961-8742 October ] 0, 2005 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, as amended by Ordinance No. 94-31 (REZ 697) Applicant: Waikoloa Development Company Subject: 2004 Annual Progress Report Tax Man Kevs: 6-9-7:9, 12-18, 25, 26, 30 and 6-9-8:2, b, 7, 9-12 This is to acknowledge receipt of your letter dated September 26, 2005, containing an annual progress report as required by Condition K of Ordinance No. 85 75 (REZ 506) and Condition M of Ordinance No. 94-31 (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 fee] free to contact Jeff Darrow at 96l -8288. S~ cerely, ar, CHR OPH RJ.YUEN Planning Director JWDamn P:\WPWIN60\JEFF\LettersWnnual ReporCS\LRolu-REZ506&REZ697-APR(4).doc cc w/copy of report: Hawaii County Council Planning Commission Planning Department-Kona o Comm. No.____ o.____---- Hawai`i County is an Equal Opportunity Provider and Employer Ref. 70: Raf. Uote ~~T ~~Q~. WAIKOLOA September 26, 2005 Mr. Christopher J. Yuen, Planning Director Planning Department Aupuiu Center i O l Pauahi Street Hilo, Hawaii 9677.0 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 41-112 for the Waikoloa Beach Resort. Ordinance No. 265, as amended by Ordinance No. 85-75 REZ 506) • "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 ~~5'785 l50 Waikoloa Beach Dxivc •Waikoloa, Hawaii 96738 • Phone (808) 886-1000 ~ Pax (808) 88f-8896 Yage Z September ~6, 2u(l5 of zone request. The petitioner/representative(s) shall also be responsible for securing final approval; ~'ompliance This r;onditinn has heen satisfieri a "t3. l he method of sewage disposal shall conform to the pules and regulations of the -State Department of Health. The netitinner shall also comply with other roles and regulations_of the ' 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 ofthe 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 makal 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 azeas within amulti-family site shall be credited towazds 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 azea 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;" Compliance: 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 subnut an Employee Housing Needs Study for Step 1 A 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 [1!lr. a.'h9'irE~kDl?~'? °,'~rpr; Page s September 26, 2005 the extent the study shows sulEcient employee housing is not available, the petitioner/representative(s) shall submit plans for the provision of permanent resort employee housing for Step lA of the proposed development to the Planning Director for approval. Such plans shall include, but not be limited to, the manner in which housing will he provided and the number of units to be provided. Tlie required housing shall be made available prior to the issuance or the occupancy permit for the first operational hotel Subsequent resort housing requirements due to hotel development shall be based on additional housing needs snadies and shall he determined Compliance: With the dedication of 300 net acres in land in Waikoloa Village and other considerations involved in the transaction, the County of Hawaii, Office of Housing and Community Development has acknowledged that this condition has been fulfilled. • "I. The petitioner shall also provide temporary quarters for construction workers, meeting with the approval of the Planning Director;" Compliance: With the dedication of 300 net acres in land in Waikoloa Village and other considerations involved in the transaction, the County of Hawaii, Office of Housing and Community Development has acknowledged that this condition has been fulfilled. • "J. The petitioner shall reserve a minimum often (10) acres for a future school site. The location of the school site shall meet with the approval of the Department of Education and the Planning Director;" Compliance: This condition has been satisfied with the dedication of land for the Waikoloa Elementary School. • "K. The petitioner or its authorized representative(s) shall submit an annual progress report to the Planning Director within thirty (30) days of the anniversary of the effective date of approval of the change of zone request. The annual report shall include but not be limited to listing of the work completed and in progress, the manner in which the stipulated conditions of approval of the change of zone request and other permits granted by the Planning Corrunission are being met, the amount of direct employment generated, and any programs initiated which relate directly to the overall development, and any additional information which would supplement and/or alter the conclusions arrived at in the environmental impact statement identified as'File Exhibit 1' on file with the Planning Department;" Compliance: Status of developments within the resort includes the following: Ha'ili Kai formerly LJR Kamalani, LLC (TNIIC: 6-9-07:34) has completed development plans for 192 condominium project. Construction on Phase I ofthe project has begun. Naupaka Place (TMK: 6-9-07:13) has completed the development of the (11) eleven single-family luxury home site lots. I+?dr. l `hr*~yn~i€~r 1 1'tir°n rage a Septem~ier 26, 2005' SunStone Realty Partners XIV, LLC (TMK: 6-9-08:03) completed construction of a 165 unit condominium project, the Fairway Villas, with units varying in size from 1,280 square feet to 2,198 square feet. ,~wl8tor~e Realty Yartne~s ~wti., i,i,C ~1'ibiK: b-y-UM: Yor[ron of ts) Lot G, Nile Yfan G3/6, construction has begun on a 120 unit condominium project, the Waikoloa Beach Villas. 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 on the last phase of the project 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), has begun construction fora 120 unit 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. Hilton Grand Vacations has begun initial project design of the Kings' Lands (6-9-08:por. l2). 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. Employment: 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 Sai] Sports 32 Marriott Waikoloa Beach 330 The Shores at Waikoloa 40 Vista Waikoloa 5 Waikoloa Land Company and z?ir- f~hr~,~tr~~rhr;r .r`. "v'~~s~~~ 1; age 3epternver >5, ZOOS related entities 161 Total Estimated Resort Employment 2,510 ~ atl odre~ applicable iu[es and regulations be cornpGed with, including the special iVtanagement Area, Planned Development Permit, and Plan Approval processes. In addition, any conditions of tip ar:, ~ . ea a~ ~ ~,~et ~ .;,U+. t -t; ` j ~~.~lll~T.l )~I~ 1. 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 azea 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; 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; Compliance: This condition has been satis&ed. • 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 ofTransportation-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 f/Ir. t.'ltrtis:ftt~pher '/~te~~ Yage 6 September 26, 2005 the intersection of Waikoloa Road and Queen Kaahumanu Highway. According to the DOT's 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 i ransportation planning efforts continue to focus on the portion of the Queen Kaahumanu Highway between Kealakehe and the Kona international Airport. _~1. 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 Lands located on a portion of Lot 2, File Plan 2013 (TMK: 6-9-08: por. 12) has begun. 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. • 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 further 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. 1`~tr " `}sy~rtr?,pl';,~r a `''a° , Page 7 September ~6, 2uC15 • 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 unira Compliance: According to the Department of Education's memo to the Executive Office of the State Land II^>? Commi~cion dated lan~aary l t, 1494, +his aonditian 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, includmg 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. • 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 al] 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 Ya~e ~ ~eptembEr Z6, z0U5 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 shat( submit the applicant's request ro the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with m a timely fashion, the Director shall initiate rezoning of the area to its original or more appmprate desi~ation 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 2006 at Waikoloa Beach Resort. Your acceptance of this report for 2005 is appreciated. Rgs~eCffully submitted; p.. ~ 3... Thos Rohr President