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Home My WebLink AboutCOM 0524.001 1996-1998 O,MtY or Nq~ Virginia Goldstein Stephen K. Yamashiro E' Director Mucur Kussell Kokubun • Deputy Director ~R oi<'w~'~ r - r, ..J i l~ i .I v (~~>xnfg ~tt£uttii ~ ~ _ c:.~~~~~.., , PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961.8288 • Faz (808) 961.8742 February 13, 1998 Mr. Robert A. Stuit Director of Planning Oceanside 1250 74-5620 A Palani Road Suite 200 Kailua-Kona, Hawaii 96740-1625 Dear Mr. Stuit: Change of Zone Ordinance Nos. 96-7 and 96-8 (REZ Nos. 765 and 812) Special Management Area Use Permit (SMA No. 356) Applicant: Oceanside 1250 Subject: Annual Progress Report Tax Man Key: 7-9-06: Por. 1: 7-9-12: 11 Pors. of 3 4 & 5• and 8-1-04: Portion of :i This is to acknowledge receipt of your annual progress report on January 22, 1998 for the above-referenced development. Thank you for complying with this requirement. By this letter we are transmitting this report to the Planning Commission and the County Council for their review. For your information, your next annual report will be due on or before January 15, 1999. Should you have any questions regarding this matter, please contact Susan Gagorik or Alice Kawaha at 961-8288. Sincerely, VIRGINIA GOLDSTEIN SG:jkg 5.2.~ O f:\wpwin60\jan\pcUstuitOl.skg Coav. x4--~-.~.~~.. au. x.._2~/ICUI nac. s~ ~ 99"" >w.r. A.-~3~ Mr. Robert A. Stuit Page 2 February 12, 1998 cc w/ltr: /County Council Planning Commission West Hawaii Office ' , / OCEANSIDE >2~so „ , January 20, 1998 , Ms. Virginia H. Goldstein, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Subject: Annual Progress Report Change of Zone Ordinance 96-7 ' Change otZone Ordinance 96-8 %s Special Management Area Use Permit 356 Dear Ms. Goldstein: I am pleased to submit the following progress report for the Change of Zone Ordinances 96-7 and 96-8, and SMA Ordinance 356 relating to The Villages at Holmlcano, (the "Project"). This report will indicate the status of the development and compliance with the conditions of approval for Ordinance 96-7, which changed the zoning designation of 756 acres from Unplanned (LT) to Agriculture (A-la), Ordinance 96-8, which changed the zoning designation of 684 acres from Unplanned (U) and Agriculture (A-Sa) to Agriculture (A-la), and SMA Ordinance 356 which ~-f-sr,~o,~ NalAni a~aa ~ Issued to allow development of portions of the agricultural subdivision along with related facilities and infrastructure improvements. suite aoo Members' Lodge Approvals fv~ilua-Fiona, Ilawaii Since our previous report, Oceanside 1250 received approvals for a State Land Use v~,~ lo.l~,z; District Boundary Amendment (Ordinance 97-35) and a Change of Zone (Ordinance 97-36) for approximately 14.8 acres of the "Project" so it may develop a members' ~i~~.l" 5,>,ti.i~~,.~~,~,1, lodge. The County also initiated and approved a General Plan Amendment (Ordinance 97-34) for this purpose. All three ordinances were approved and became effective on ea.: ao&az~-nr~ March 13, 1997. In July 1997, C.J. Villa filed a lawsuit against the County challenging the lodge approvals. Of the two counts in the suit, one count was dismissed by stipulation among all of the parties. The remaining count was recently heazd by the Circuit Court and judgement was granted in favor of both the County defendants and Oceanside. Archaeology Oceanside has requested and received proposals from professional azchaeological Ms. Virginia Goldstein January 20, 1998 Page Two consultants to prepare the required archaeological mitigation and interpretation plans including a data recovery plan, an interim protection/preservation plan and a long- term preservation plan in consultation with DLNR and Hawaiian community organizations. As required by these conditions in the ordinances, approved mitigation measures will be implemented prior to or in conjunction with any land alteration on the property. This activity will allow us to fulfill our obligations under Condition H of Ordinance 96-7, Condition G of Ordinance 96-8 and Condition 4 of SMA Ordinance 356. Mamalahoa Highway Bypass The Mamalahoa Highway Bypass is designed to address existing traffic conditions in the area and to provide an alternative route for intercegional traffic between North and South Kona in support of the County's long range traffic plan. Oceanside 1250 has refined the Bypass route based on discussions with the various landowners, and currently we are in the process of completing a Draft Environmental Impact Statement (DEIS) for the roadway. The DEIS will be submitted to the County of Hawaii Department of Public Works, who will be the accepting agency for the DEIS as well as the Final Environmental Impact Statement. The Department of Public Works is also the responsible agency for determining the final alignment, roadway standards and construction specifications for the Bypass. We have not been able to obtain a "right-of--entry approval from the "Kona Trust" property (TMK 7-9-05:09), and until it is obtained, the DEIS cannot be completed. Oceanside has also initiated discussions with each of the landowners along the route regarding acquisition ofright-of--way sufficient to build the road, and in the instance of several landowners, we have finalized options to purchase these portions of the right-of--way. Progress on the Bypass will allow us to fulfill Condition M in Ordinance 96-7 and Condition L in Ordinance 96-8. Shoreline Park Oceanside is nearing completion of the preparation of a public access and shoreline Ms. Virginia Goldstein January 20, 1998 Page Three management plan regarding public access areas, perpetual access covenants, archaeology, marine resources and related improvement measures. Oceanside is refining a final draft of the plan and will again be seeking consultation with community groups before the draft is ready later this yeaz. The plan will then be submitted to the Planning Director and DLNR for their input and comments. Development of this plan will help allow Oceanside to comply with Condition K in Ordinance 96-7 and Condition H in Ordinance 96-8. Development Agreement Oceanside 1250 has submitted to the County a development agreement between Hawau County and Oceanside 1250 to identify the obligations of Oceanside, to provide assurance that these obligations are met in a timely manner, to provide assurances to Oceanside that it may complete full development of the "Project", to allow Oceanside and the County to enter a reimbursement agreement for costs associated with the Bypass, and to reduce or eliminate uncertainty in the responsibilities of Oceanside and the County. The scope and purpose of the development agreement is consistent with Ordinance 93-37, the Development Agreement Code and Rule 1, which implements procedures for the application, prepazation and administration of development agreements as provided by Ordinance 93-37. Currently the development agreement is awaiting a public hearing and action by County Council pursuant to Ordinance 93-37. This progress on the development agreement will, in part, allow us to fulfill the terms of Condition M in Ordinance 96-7 and Condition L in Ordinance 96-8. Annual Progress Report This report is meant to fulfill our obligation to prepare an annual progress report as stated in Condition R of Ordinance 96-7, Condition V in Ordinance 96-8, and Condition 13 in SMA Ordinance 356. r, Ms. Virginia Goldstein January 20, 1998 Page Four Other Items There are no other items to report that affect the status of the "Project" as it relates to the conditions of these ordinances. Oceanside 1250 intends to meet all of the terms and comply with all of the conditions that are specified within these ordinances. Oceanside will also comply with all applicable laws, rules regulations and requirements in development of the "Project". I trust the above provides a useful description of the status of development and compliance with the conditions of approval for the ordinances. Should you have any questions regarding this report, or if you require further information regarding the "Project", please contact either myself or Dick Frye, at 326-2966. Sincerely, OCEANSIDE 1250 Robert A. Stuit Director of Planning cc: L. Anderson B. Kudo J. Leonard Y. Takeda B. Tsukazaki