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HomeMy WebLinkAboutCOM 0790.000 2004-2006 ,MV V os M~~ Ilen ku~i 4°•,~, tl~'o ('1111A01)her I Yucn Vr'. ~ 1>iretoe Brad Kunikawa, t I_ru", vi, County of Hawaii PLANNING DEPARTMENT l Autunl Ccntcr • 101 Pauahi Strcei. Suns i • Hilo. Ilawau u6710 March 7) ' ?006 - Phone [8I)8) 961-8288 Pur f%Uftl Qhl 8712 Mr. Gregory R. Mooers, President Mooers Enterprises PO Box 110t Kamuela, HI 96743 an Dear Mr. Mooers: Change of Zone Ordinance No. 94 20 (RFZ 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 February 24, 2006, as required under Condition U of the above referenced ordinance. We appreciate the thoroughness of the annual progress report. 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 comment: I . Condition Q: In regards to your response under Condition Q, in our September 21, 2004 letter we stated that the Planning Department will consider the donated lands for roadway and drainage purposes for partial compliance with Condition Q regarding roadway and drainage purposes. We had requested that the applicant submit information regarding identification and market value of the donated lands for consideration. As of the above listed date, we have not received the requested information. If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 259. Sincerely CHRISTOPHER J Yhfh?N Planning Director P:AWPWIN60'JefPLeaers\ nnualReports\LMooets-APR-REZ759(6).doc cc w/copy of report /Hawaii County Council Planning Commission Planning Department-Kona ~90 Comm. No. Ref. To: Hawaii County is an Equal Opportunity Provider and Employer Ref, pate ,7 I'n~i f~lfi~. lion I µil MOOMS E 7(;={ 191uuc itiflti'i ti,till-I L N'I'ERF'RISES, Ll°Cu Lirncl Uw Altcrnatit[es' f nutt~r~s:u h.m.u~ u_c~,m I'ehr ar% )a_'000 Mr. Christopher Yuen I)ilector Planning I)epart rent County of Hawaii 101 Pauahi Street. Suite 3 [ hio. Hawaii 96720 Re: Zoning Ordinance 94-20 TMK: 6-2-01:18,74&75 Annual Report Dear Mr. Yuen: I am an agent for flale Wailani Partners, LP, owner of the subject property identified above. Pursuant to ordinance number 94-20 1 hereby am submitting the annual report in satisfaction of condition "I f". 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 ally act or omission of the applicant, hs 8accessors or assigns, ofjtcers, efnpioyees, coniraciuke wit., Kd:h 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 0 li 47, Ot ('lu'i,1uphM ) INCH I chruarv 24, 2006 I'ute fwu granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, s'urety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water .4upply and Planning fir the actual development of a proven source and its water transmission and distribution system within one yearfor the official date of compliance with condition C (1); provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification; Your letter dated May 5, 2004, confirmed the effective date of this zoning ordinance is June 24, 1998. (D) the plans for the proposed subdivision shall be submitted to the Planning Director within three (3) years from the effective date of lite 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. Your letter dated May 5, 2004, confirmed our compliance with this condition. (F) 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 a detailed preservation plan. The Planning Department and 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 Ireinterment) 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. (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; y'h (hri~tuhhcr''[fell l~rhruan X1.2'006 I hrcc \N will cutnplp with this condition while constructing the project. I(i) access to the property from Karvaihae Road shad/ meet with the approval of the Department of Transportation, Highways Division and the 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. These drawings have recently been re-circulated to the various agencies and have been it-signed by all agencies. (11) 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. Your letter dated May 5, 2004, confirms 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 Directorfor 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; We propose xeriscape landscaping to minimize the use of irrigation water in this and 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. yh ('111 stophc 1 twil F<hruan .'_4.'_000 I'aa: Four K) The applicant shall consider installation of hike lanes throughout the project as a theans of addressing pedestrian and bievelist safetr; Cricen the rural nature of this subdivision and the wide grass and paved swales in the adjotmng subdivisions of'Anckona and Kanehoa, we believe the most appropriate treatment of the roadways is to continue with a swale roadside. The low volimic of interior roadway traffic and the 50' right-of-way provide the reyucstcd safety for the pedestrians and bicyclists. Your letter dated May 5, 2004, indicates you will riot he requiring a bike lane to be installed. (L) to ensure the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall 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/, 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 F,kahi project or the self-help project for recreational purposes. We 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 project in the area. Your letter dated May 5, 2004, accepted our proposal to comply with this condition. We have formulated a recreation plan in consultation with the Department of Parks and Recreation and have submitted it to you for approval to confirm our proposal. (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 the approval of the Department of Public Works shall be submitted prior to Final Subdivision Approval of the proposed development; This plan was approved by the Department of Environmental Management October 17, 2003, which you acknowledged in your letter dated November 14, 2003. (0) the applicant shall construct all on site and off site sewer improvements required by the Department of Public Works and the State Department of Health; We have had meetings with the Department of Health and will comply with their regulations when constructing this subdivision. N I I ( In isnophcn 'I ucn I chruarv' 1. '006 Panc Fivc (P) In lieu of actual construction of improvements as required in Conditions G. I and N, the applicant tiny enter into cue agreement with the Planning Department to assure the County that the in astructural improvements will be constructed by way of a development agreement, surety bond, certified check or other.securhy 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 he granted prior to the actual construction of required infrastructural improvements; We are preparing bonding documents at this time and will be submitting them shortly. (Q) the applicant shall provide its fair share contribution to address regional impacts of the project with respect of fire. police, solid waste disposal facilities, and roads. The fair share contribution shall he initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if dwelling unit counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPQ. A pro rata portion of the contribution, based upon the density shall become due andlor payable, at the discretion of the County in the event the applicant conveys an ownership, leasehold, or controlling development interest in the affected land prior to receiving its initial subdivision approval of the proposed development. Otherwise, said contribution shall be satisfied in conjunction with the receipt offinal subdivision approval as the case maybe, of the proposed development. The fair share contribution for each residential unit shall be based on the maximum densityfor 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) $71,096 for fire protective services; (2) $35,996 for police protective services; (3) $662,985 to support state and county road and traffic improvements within the South Koh ala 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 contributions required by the ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request he credited towards any of the applicant's future developments that require infrastructural impact contributions; Your letter dated August 25, 2004 outlines the status of our compliance with this condition. You have accepted the medivac helicopter for credit for Police and Fire services and we retain a surplus credit of $ 1,229,968.35. We have a balance for all other impact related fees of $859,932.00 for the entire build out of 225 units with a balance of $187, 274.08 for the initial phase of 49 units. ( hil~tophci Yucn I J)ruarv 1, 2000 1'aL~c Six In addition the Hawaii Island Dce elopmenl Corporation and the County have requested that we donate our ucccss roadway, which is located on the ttpplicanl', property and serves as the access to our property and the County's aflirrdahle rental project. If we acquiesce to the ('ounty's request to donate this property, we believe these donations and improvements would satisfy the roadway improvement portion of condition Q. Your letter dated September 21, 2004 confirmed this understanding. We will submit information regarding identification and market value of the donated lands for consideration as requcstcd. I he applicant would consider making a portion of the additional land near Ouli Ekahi available for it recycGnf, center to reduce then waste stream from the stthject property and the ('ourtv's rental prolca to address the solid waste portion of this condition. We look tbrward to continued discussions regarding full compliance with this condition. 12) should any infrastructure improvements related to Waimea-Kawaihae Road be required ofJuture 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 applicant's state and county road and traffic 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 educational facilities impact fee program, the applicant shall participate; We are not aware of the county imposing such a fee. If a new policy that affects all current and previous r_zonines is established and universally enforced, we will also comply. (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 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 with and the Planning Director acknowledges that further reports are not required; Phis letter serves to satisfy this condition. ( hri,iopher Yuen fchrnal% 24, 2006 Pugs Sc~cn (V 1 should the council adopt a Unified Impact Fee Ordinance .setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall he credited towards the requirements of the Unified Impact Fee Ordinance; and We will comply with this condition should a Unified Impact Fee Ordinance he passed. We understand that all requirements of this ordinance will be credited toward any amount that may he impose(t. (W) an initial extension of time for the performance of conditions within the ordinance may be granted by .the 11 anni-1- Director npon the f,llowing circumstanres: 1) the non Yerforrnance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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 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 S) 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. 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 Revised Tentative approval letter dated November 5, 2004 granted a time extension to comply with all conditions of the approval until November 5, 2007. Should you or your staff have any questions related to this annual report, please contact me directly. Sincerely, /`"u~ ooers C'Trego President GRM.jy