HomeMy WebLinkAboutCOM 0493.001 1996-1998 HTY OF M Virginia Goldstein
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PLANNING DEPARTMENT
25 Aupuni Slrec4 Ronm 109 • Eiilo, }lawaii 96720-0252
(806) 961-8288 • Fax (806) 961.8742
September 15, 1998
Steven S.C. Lim, Esq.
Carlsmith Ball
Attorneys at Law
121 Waianuenue Avenue
Hilo, Hawaii 96821-0686
Dear Mr. Lim:
Ordinance No. 90-63, as amended by Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Estates, Inc. (formerly Pualani Development Company)
Subject: Annual Progress Report (Compliance with Condition O)
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This is to acknowledge receipt of your annual progress report by letter dated August 27, 1998.
Thank you for complying with Condition O of Ordinance No. 93-76.
We acknowledge compliance with certain conditions are dependent on the County Council
review of your request to amend Condition C (secure Final Subdivision Approval) which is
pending with the Planning Commission.
A copy of your report will be transmitted to the Planning Commission and County Council for
their information.
Please be reminded that your next annual report is due on or before August 9, 1999.
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Steven S.C. Lim, Esq.
Carlsmith Ball
Page 2
September 15, 1998
Should you have any questions regarding this matter, please contact Susan Gagorik or
Phyllis Fujimoto at 961-8288.
Sincerely,
'VIRGINIA GOLDSTEIN
Planning Director
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CARLSMITH ALL
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686 n r r [
HILO, HAWAII 96721-0686 f!i`J L7 PI I ~ JD
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TELEPHONE (BOB) 935-6644 w ` - . ~ - - I ~ ~ ~
FAX (808)935-7975
August 27, 1998
HAND DELIVERED
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Annual Compliance and Progress Report
Ordinance No. 90-63, as amended by Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Development Company
Successor Applicant: Pualani Estates, Inc./International Assets, Ltd.
~gject~ Pualani Estates/Tax Man Keys• (317-5-17:28 and 29 (SUB 90-143)
Dear Ms. Goldstein:
Effective August 9, 1993, Hawaii County Change of Zone Ordinance No. 93-76
amended Change of Zone Ordinance No. 90-63, reclassifying 99.3 acres of land from an Unplanned
(U) designation to Single-Family Residential (RS-7.5) and (RS-20) designations for tax map key
parcels (3) 7-5-17:28 and 29.
In compliance with Condition O of Ordinance No. 93-76, successor applicant Pualani
Estates, Inc./International Assets, Ltd. (hereinafter "Applicant") submits its 1998 annual report for
the subject project, outlining its compliance with the substantive conditions of rezoning approval and
listing in order the governmental "RF Lii_RFMENT" and Applicant's "RESPONSE" to the same.
REQUIREMENT:
(A) the applicant, successors, or assigns shall be responsible for complying with all of the
stated conditions of approval.
2005462.1.034466-2 ~ S~J J~
HONOLULU KAPOLEI HILO KONA • MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY
s
Virginia Goldstein
Planning Director
August 27, 1998
Page 2
RESPONSE:
Apphcant will comply with the substantive conditions of rezoning approval contained
in Ordinance No. 93-76.
RFQLii_RFMENT:
(B) the required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy" within
ninety days from the date of approval of the change of zone.
RESPONSE:
On October 3, 1990, the Department of Water Supply (hereinafter "Water
Department") acknowledged receipt of the required $432,000.00 water corrunitment payment from
original applicant Pualani Development Company. ,$gg, Exhibit A attached to Applicant's 1994
annual report dated Juiy 11, 1994 (hereinafter "1994 annual report").
On August 12, 1997, Applicant and the Water Department and Water Commission
entered into an Agreement, wherein the parties acknowledged that Applicant had paid the sum of
$543,600.00 to the County, as and for full and final payment of permanent water facilities charges
for 302 units for development ofPualani Estates Subdivision, Unit 1.
)~UIItEMENT:
(C) revised tentative subdivision plans for the proposed development shall be submitted
to the Planning Department within one year from the effective date of this change of
zone amendment. Final subdivision approval shall be secured within two years from
the effective date of this change of zone amendment. Plans for necessary
infrastructural improvements including off-site roadway and anoff--site water system,
shall be submitted in conjunction with construction drawings for final subdivision
approval.
RESPONSE:
On December 2, 1993, the Planning Department granted revised tentative subdivision
approval of the project. $gg, Exhibit B to 1994 annual report.
Virginia Goldstein
Planning Director
August 27, 1998
Page 3
On October 17, 1994, the Planning Department granted Applicant an extension of time
until December 4, 1996, to comply with all conditions of tentative subdivision approval granted on
December 2, 1993. ,egg, Exhibit A attached to Applicant's 1996 annual report dated August 12,
1996 (hereinafter "1996 annual report").
By letters dated February 2, 1996 and March 4, 1996, the Planning Department
approved the following project final construction plans entitled: 1) Pualani Estates Subdivision, 2)
Phased Construction, 3) Intersection at Hawau Belt Road, and 4) Water Transmission Systems. ,egg,
Exhibits B and C attached to 1996 annual report.
On August 20, 1996, the Planning Department granted Applicant an extension of time
until December 2, 1998, to comply with all conditions of tentative approval dated December 2,
1993. ,egg, Exhibit A attached hereto.
On November 18, 1996, the Planning Department granted Applicant an extension of
time until August 8, 1997, to secure final subdivision approval. $gg, xE hibit B attached hereto.
Applicant is submitting under separate cover and letters of even date our requests for:
1) a five-year extension of time from August 9, 1997 to August 8, 2002, in which to secure final
subdivision approval, and 2) a coterminus extension of time from December 2, 1998 to August 8,
2002, in which to comply with conditions of tentative subdivision approval, so it may resolve title
issues related to the DASH decision and secure construction financing for the project.
REOIJIREMENT:
(D) a drainage system shall be installed in accordance with the requirements of the
Department of Public Works.
RESPONSE:
Applicant will comply with the foregoing condition addressing drainage improvements
for the project. On June 9, 1995, the State Department of Health approved construction of the
remaining 24 of 60 injection drywells for the project. Exhibit B attached to Applicant's 1995
annual report dated July 26, 1995 (hereinafter "1995 annual report"). On May 10, 1996, the State
Department of Health approved an extension to September 30, 1996 for construction of the
aforementioned 60 drywells. Exhibit E attached to 1996 annual report.
O
Virginia Goldstein
Planning Director
August 27, 1998
Page 4
REQUIREMENT:
(E) access(es) shall meet with the approval of the Departments of Transportation-
I-Tighways Division and Public Works. Further, Queen Kaahumanu Highway shall be
improved with a fully channelized intersection, including deceleration, acceleration
and left-turn land(s), and which may include signalization, meeting with the
requirements of the Department of Transportation. These improvements shall be
provided prior to the occupancy of the first house(s) within the subdivision. Traffic
signals shall be installed by the applicant, successors or assigns at such time when
warranted and deemed necessary by the State Department of Transportation-
Highways Division.
RESPONSE:
On April 12, 1995, the State Department of Transportation approved Applicant's plans
for the project access intersection with the Queen Kaahumanu Highway Extension, or Hawaii Belt
Road. Exhibit C attached to 1995 annual report. On March 4, 1996, the County via letter from
the Planning Department approved subdivision construction plans for said intersection. $gg, Exhibit
~ attached to 1996 annual report.
REQUIREMENT:
(F) the interior subdivision roads shall be provided with curbs, gutters and sidewalk
improvements; and amauka-makai collector road shall be constructed within the
subject property which shall include a mauka stubout which would lead toward
eventual connection to Hualalai Road. The applicant shall delineate and dedicate to
the County of Hawaii asixty-foot right-of--way within the mauka portion of the
subject property for this eventual connection to Hualalai Road. The costs of
construction for this connection to Hualalal Road shall not be the responsibility of the
applicant. The applicant shall also provide a private one-way single lane paved access
easement extending to Hualalal Road through the subject property to be used only for
emergency purposes which maybe gated with an appropriate breakaway feature. This
access shall be designed to permit only a right tum exit from the subject property with
striping and demarcation for safety measures. The applicant shall maintain the
emergency access until such time the construction of the mauka-makai collector road
is completely connected to Hualalai Road and at which time the emergency access
shall be abandoned. The applicant shall provide selected internal north-south
roadways which extend to the boundaries to provide future traffic connection with
B
Virginia Goldstein
Planning Director
August 27, 1998
Page 5
adjacent properties and shall include in the restrictive covenants in the deeds of all the
proposed lots informing all purchasers that the streets within the subject property may
become future thoroughfares connecting to adjoining properties. These
improvements shall be provided within twenty-four (24) months from the date of final
subdivision approval and meeting with the approval of the Department of Public
Works.
RESPONSE:
As stated above, the County approved subdivision construction plans entitled:
1) Pualani Estates Subdivision, 2) Phased Construction, 3) Intersection at Hawaii Belt Road, and 4)
Water Transmission Systems, via letters from the Planning Department dated February 2, 1996 and
March 4, 1996. S,gg, Exhibits B and C attached to 1996 annual report.
RFAUT_RFMENT:
(G) an archaeological data recovery and preservation plan shall be submitted to the
Department of Land and Natural Resources, Historic Sites Section and the Planning
Department for review prior to preliminary plat map submittal. The archaeological
data recovery and preservation shall be in conformance with the accepted plan and
shall be completed prior to any alterations on the property.
RESPONSE:
Via letters dated February 26, 1996 and May 24, 1996, the State Department of Land
and Natural Resources, Historic Preservation Division, approved the revised final data recovery
report for the project. $g~, Exhibits F and G attached to 1996 annual report. Reinterment of remains
within the on-site azchaeological preserve area was conducted by the Historic Preservation Division,
Hawaii Burial Council and project archaeologists on July 5, 1994, and commencement of land
alteration work was approved by the Historic Preservation Division beginning January 18, 1995, on
the condition that protective fencing remain in place surrounding the preserve area.
RRnLli_RF.MENT:
(II) should any unidentified sites or remains, such as artifacts, shell, bone or chazcoal
deposits, hutttan burials, rock or coral alignments, pavings, or walks be encountered,
work in the immediate azea shall cease and the Planning Department shall be
Virginia Goldstein
Planning Director
August 27, 1998
Page 6
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it finds that sufficient mitigative
measures have been taken.
RESPONSE:
Applicant will continue to abide by the guidelines set forth above for treatment of
archaeological sites and remains.
REOUIItEMENT:
(I) to ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicant shall work with the Office of Housing and Community
Development and the Planning Department to formulate a housing plan for the
development to assure it addresses the affordable housing needs of the community and
the affordable housing condition imposed by the State Land Use Commission. This
housing plan shall be approved by the County Housing Agency prior to final
subdivision approval provided that the applicant shall notify the County Housing
Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter
the ownership interest in the Property prior to visible commencement of construction
on the Property; provided, however, that the applicant may transfer ownership in the
Property to an affiliate or in a manner consistent with prior representations to the
County Housing Agency.
RESPONSE:
On October 17, 1990, original applicant Pualani Development Company entered into
an Agreement with the County of Hawaii regazding an affordable housing program. Exhibit D-1
to 1994 annual report.
On May 24, 1994, based on a commitment from successor applicant Pualani Estates,
Inc./Intemational Assets, Ltd. to reserve 28 units to purchasers earning no more than 80 per cent of
the median family income in Hawaii County, the Office of Housing and Community Development
waived its option to purchase affordable housing units in the project and authorized unrestricted sales
to begin as of that date. $~g, Exhibit D-2 to 1994 annual report.
On June 29, 1994, the Office of Housing and Community confirmed its sponsorship
of a $10,000.00 interest free deferred sales price mortgage program for qualified purchasers in the
Virginia Goldstein
Planning Director
August 27, 1998
Page 7
project. $gg, Exhibit D-3 to 1994 annual report. This program is currently on hold pending
Applicant's receipt of final subdivision approval.
Based on the foregoing, Applicant completed its formal affordable housing sales
program pursuant to County requirements for the project, and a Release of said housing conditions
for the project was executed by the County on November 1, 1995, and recorded at the Bureau of
Conveyances on November 7, 1995. ,egg, Exhibit H attached to 1996 annual report.
REQUIREMENT:
to ensure that the Goals and Policies of the Recreation Element of the General Plan
are implemented, the applicant shall construct a minimum five (5) acre recreational
park within the project site for active and passive recreational uses to be dedicated
and accepted by the County of Hawaii. The configuration and improvements,
including but not limited to grading, grassing, irrigation, fencing along the subject
park area fronting Queen Kaahumanu Highway, and the construction of a softball
field, a soccer field, parking and restroom facilities, shall meet with the approval of
the Planning Department in consultation with the Department of Parks and Recreation
and the Department of Public Works, prior to final subdivision approval. A park
maintenance and operational plan shall be submitted for review and approval by the
Planning Department in wnsultation with the Department of Parks and Recreation in
conjunction with final subdivision approval. Until such time that the park is dedicated
to and accepted by the County, there shall be adequate assurance, as determined by
the Corporation Counsel, for the maintenance of the private park by recorded
covenant running with the land which shall include the following: 1) obligate the
subdividers, purchasers, occupants, or association in the subdivision to maintain the
park in perpetuity; and 2) empower the County, through the Department of Parks and
Recreation, to enforce covenants to maintain the park, authorizing the performance
of maintenance work by the County in the event of failure by the subdividers,
purchasers, occupants, or association in the subdivision to perform such work and
permit the subjecting of land and properties in the subdivision to a lien until the cost
of the work performed by the County has been reimbursed. At the minimum, access
to the recreational park shall be gained from within the subdivision. The park shall
be completed within one year from the occupancy of the first home.
Virginia Goldstein
Planning Director
August 27, 1998
Page 8
RESPONSE:
Pursuant to the foregoing condition, on June 19, 1995, Applicant submitted to the
County for review and approval a "Maintenance and Operational Park Plan for the William Charles
Lunalilo Playground at Puapuaanui" and its "Declaration of Covenant for Park Maintenance". ,egg,
Exhibit H attached to 1995 annual report.
On July 19, 1995, the Office of the Corporation Counsel approved said Park Plan and
Covenant as complying with the rezoning requ'vements ofCondition J of Ordinance No. 93-76. egg,
Exhibit I attached to 1995 annual report.
REQUIREMENT:
(K) 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
instrument executed by the applicant and the County and recorded with the Bureau
of Conveyances likewise prior to final subdivision approval.
RESPONSE:
On November 21, 1991, the Planning Department acknowledged receipt of deed
restrictions and determined that said deed restrictions complied with the conditions contained in
original Change of Zone Ordinance No. 90-63 governing the project. ,egg, Exhibit E to 1994 annual
report.
Successor applicant Pualani Estates, Inc./International Assets, Ltd. will also comply
with deed covenant restrictions as modified by Change of Zone Ordinance No. 93-76.
REQUIItEMENT:
(L) comply with conditions of the State Land Use Commission.
Virginia Goldstein
Planning Director
August 27, 1998
Page 9
RESPONSE:
Applicant will comply with the substantive conditions contained in the State Land Use
Commission's Decision and Order dated September 13, 1989 in Docket No. A88-632, wherein the
Commission reclassified the subject project parcels from the Agricultural to the Urban Land Use
District.
REQUIREMENT:
(Nn comply with all other applicable laws, rules, regulations and requirements, including
those of the Departments of Health, Water Supply and Public Works.
RESPONSE:
Applicant will comply with all applicable State and County regulations.
REOUIItEMENT:
(I~ 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
shall be credited towazds the requirements of the Unified Impact Fees Ordinance.
RESPONSE:
Should a Unified Impact Fees be adopted, Applicant understands that the subject
property may be affected.
REQUIREMENT:
(O) 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 amendment. The report
shall address the status of the development and the compliance with the conditions of
approval. This condition shall remain in effect until all of the conditions of approval
have been complied and the Planning Director acknowledges that further reports are
not required.
Virginia Goldstein
Planning Director
August 27, 1998
Page 10
RESPONSE:
In compliance with the foregoing condition, Applicant submits herein its 1998 annual
report.
REQUIREMENT:
(P) an extension of time for 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 the Zoning Code; (3) granting of the time extension would not
be contrary to the original reasons for the granting of the permit; (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 within a timely fashion, the Director shall initiate
rezoning of the area to its original or more appropriate designation.
RESPONSE:
As discussed above, Applicant is submitting under separate cover its requests for: 1)
a five-year extension of time from August 9, 1997 to August 8, 2002, in which to secure final
subdivision approval (Condition C above), and 2) a coterminus extension of time from December 2,
1998 to August 8, 2002, in which to comply with conditions of tentative subdivision approval, in
order to resolve PASH issues and secure project financing.
Virginia Goldstein
Planning Director
August 27, 1998
Page 11
Thank you for the opportunity to present this annual report on behalf of successor
applicant Pualani Estates, Inc./International Assets, Ltd. Please feel free to contact me at 935-6644,
should you have any questions concerning the foregoing discussion.
Very truly yours,
CARLSMITH BALL
STEVEN S. . L
SSCL:JEC
xc: Grant Johnston
Robert West
Robert Triantos, Esq.
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~y~' Virginia Goldstein
Stephen K. Yamashiro `~ppl/ 1 Director
- ~ Norman Olesen
~•j~ie~oi'M~'t''` ~ Deputy Director
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PLANi`1ItiG DEPARTMENT
2i Aupuni Street, Hoom IU9 Hilo, Hawaii 96130-x352
(e0~Y19nl-8399 Fax 18081961-9611
August 20, 1996
Steven S. C. Lim, Esq.
Carlsmith Ball Wichman Case & Ichiki
Attorneys at Law
PO Box 686
Hilo, HI 96721-0686
Dear Mr. Lim:
TIME EXTENSION REQUEST
SUBDIVIDER: PUALANI ESTATES, INC.
"Pualani Estates Subdivision, Unit 1"
Proposed Consolidation of Lot 1 and TMK: 7-5-17:28
Being portions of R.P. 6716, L. C. Aw. 4887, Ap. 2 and
R.P. 7819, L. C. Aw. 8559-B (Certificate of Boundaries No. 159)
and Resubdivision into Lots 384, 385 and
1 to 258 (Inclusive), 500 to 507 (Inclusive), 550 to 565 (Inclusive)
and Designation of Easements
Puapuaaiki 1st and Puapuaanui 1st, North Kona, Island of Hawaii, Hawaii
TMK: 7-5-017:028 and portion of 029 (SUB 90-143)
This is in response to your letter of August 12, 1996.
Please be informed that an extension of time of two (2) years from December 2, 1996 to
December 2, 1998, in which to comply with all conditions of the tentative approval contained in
the letter of tentative approval dated December 2, 1993, is hereby granted.
Should the conditions of tentative approval not be completed within the time limit, the approval of
the revised preliminary plat map dated September 30, 1993, shall expire and shall be of no
further force or effect, or shall be subject to the technical review of the applicable agencies for
compliance with current code and rule requirements.
Should you have any questions, please feel free to contact this department.
incerely,
~~~~M~ l1
VIRGI IA GOLD EIN
Planning Director
VKG:Inm
90143pua. ext
EXHIBIT A
Steven S. C. Lim, Esq.
August 20, 1996
Page 2
xc: Manager, DWS
Chief Engineer, DPW
Sanitary Engineer, DOH
District Engineer, DOT
PLNG-KONA
DPW-ENG-KONA
Pualani Estates
Robert Triantos, Esq., CBWCI-KONA
4~JMTV or NIA'' ,
. w Virginia Goldstein
Stephen K. Yamashiro - Dfrceeur
Mn2°r Norman Olesen
ij•,, DeP~H Dirceeor
Iri pi'wir'
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 Hilo, Hawaii 96720-0252
(8081961.9288 Fax 1x081961-9615
November 18, 1996
Mr. Steven S.C. Lim
Carlsmith Ball Wichman Case & Ichiki
Attorneys At Law
12l Waianuenue Avenue
Hilo, Hawaii 96721-0686
Dear Mr. Lim:
Change of Zone Ordinance No. 90-63 and as amended
by Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Estates, Inc./International Assets, Ltd.
Subject: Extension of Time to Condition C (Secure Final Subdivision Approval)
T1x Man Key• 7-5-17.28 and ?9
This is to acknowledge receipt of your letters dated October 30, 1996, and
November 13, 1996, requesting an extensiun of time to Condition C of the above-referenced
ordinance.
In our last letter to you dated October 25, 1996, we noted that you needed to request an
extension of time from July 9, 1995, two years from the effective date of the ordinance. _
The letter should have stated Auetlst 9, 1995, since the effective date of Change of Zone
Ordinance No. 90-63 is August 9, 1993. We apologize for this error.
Condition P of the ordinance allows the Planning Director to grant an extension of time for
performance of conditions within the permit. A status review of your the indicates that
revised tentative subdivision plans were submitted and tentative subdivision approval secured
on December 2, 1993. You have also informed tls that a time extension is needed to allow
the subdivider to pursue project funding for bonding and construction loan purposes.
The subdivider has also recently received a preliminary loan commitment contingent upon
achieving a satisfactory lavel of presales in Unit t of the project.
EXHIBIT B
Mr. Steven S.C. Lim
Page 2
November 18, 1996
Based on the above, the Planning Director has determined that non-performance is a result
of circumstances beyond the control of the applicant and not a result of fault or negligence
and hereby grants you atwo-year extension of time from August 9,1995, until August 8,
1997, in which to comply with Condition C (secure Final Subdivision Approval).
Please be aware that if an additional extension of time is needed, your request with reasons
must be forwarded to the County Planning Commission through this office. A $100 filing
fee shall be submitted when requesting an additional extension. of time together with an
original and 20 copies of your request.
Should you have any questions regarding the above, please contact Susan Gagorik or Alice
Kawaha of our department at 961-8288.
Sincerely,
VIRGINIA GO STEIN
Planning Direct
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