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HomeMy WebLinkAboutCOM 0392.000 2006-2008 JNtY Oi N~ Y ~~i 4®'' l? harry Taie~e Christopher 3• Yuen Mayor Director Brad Kurokawa, ASLA h Oi M' LEED®AP ~LttYItt~J ~tlfYr2XTS DeputyDirecror PLANNING DEPARTMENT 101 Pauahi Sveet, Suite 3 Hilo, Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 Apri120, 2007 Robert E. Bethea, Esq. Attorney at Law - , 688 Kinoole Street, Suite 105 Hilo, HI 96720 Dear Mr. Bethea: J Change of Zone Ordinance No. 96 61 (REZ 436) Special Management Area Use Permit No. 374 (SMA 374) Applicant: Kona Hawaiian Village (formerly Towne-Kona Limited Partnership) Subject: 2006/2007 Annual Progress Report TMK: 7-5-19:5 38 40 47 & 48 This is to acknowledge receipt of your follow-up letter dated April 16, 2007 in response , to our March 9, 2007 letter. Thank you for providing the additional information. We have the following comments in reference to your recent submittal: Chance of Zone Ordinance No. 96-61 (REZ 436): We would appreciate the following information be submitted to the Planning Department: 1. Please provide a copy of the Conditional Letter Of Map Revision (CLOMR) approval letter from the Federal Emergency Management Agency (FEMA). 2. Please provide documentation from the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) of the approved Archaeological Inventory Survey for Condition I. You may need to contact DLNR-SHPD far this information. Special Management Area Use Permit No. 374 (SMA 374): The submittals did not specifically address the conditions of SMA 374. Please submit an annual progress report for SMA 374 addressing each condition of the permit. In reference to conditions that Kona Hawaiian Village (KHV) has complied with, please include specific references to actions, reports, letters, dates, etc. Please include letters ? that verify compliance with a specific condition as an exhibit. Comm. Ho. 3 Ref. To: Ref. Dote MAY 3~~ M Hawai `i County is an Equal Opportunity Provider and Employer. RoberCE. Bethea, Esq. Attorney at Law Page 2 Apri12Q 2007 If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 259. Sincer E%Yi-t CHRISTOPHER J. YUEN Planning Director JWD:smn P:\public\wpwin60VefflLetterslAnnual Reports\LBethea-APR2006-REZ446-SMA374(2).doc cc w/copy of letter: a aii County Council Planning Commission Kona Planning Department ROBERT E. BETHEA Attorney at Law 688 Kinoole Street, Suite 105 Hilo, Hawaii 96720 Telephone: E-Mail: (808) 982-6858 hetheaOhawaii.n.com April 16, 2007 Christopher J. Yuen Plamiing Director County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Subject: Kona Hawaiian Resort (formerly Kona Hawaiian Vacation Ownership, LLC) 2006/2007 A~u~ual Progress Report Change of Zone Ordinance No. 96-61 (REZ 436) Special Management Area Use Permit No. 374 (SMA 374) TMK: 7-5-18: 61 and 7-5-19: 005, 038, 040, 047, 048 Dear Mr. Yuen: This is a follow-up to your letter dated March 9, 2007. In this letter you indicated that the last amiual progress report was received on July 21, 2002. I have enclosed a copy of an azmual report letter dated December 30, 2003, which constitutes the amoral report for the year 2003. I am not able to locate a report for the year 2004, and I believe that no report was submitted to either your Kona or Hilo offices. You have my letter dated March 1, 2007. I had enclosed a status report dated as of May 2I, 2006, which covered the period up to that date and an interim report dated March 1, 2007. Additionally, I enclosed a copy of my letter to you dated October 26, 2006, which letter enclosed pertinent communications with Bruce McC1m'e, Director of the Department of Public Works. As a follow-up to my telephone conversations with Jeff Darrow, I have reviewed my files to see what I might add to the nzterim report dated March 1, 2007. Additional comments to the status of the conditions of Ordinance No. 96-61 referenced in that letter are as follows: Cluistopher J. Yuen April 16, 2007 Page 2 Condition A. This is a continuing obligation, and the requirements have been met as the development has proceeded. Condition B. Enclosed is a copy of a letter from me to you dated October 23, 2001, and your response to that letter dated December 14, 2001, in which you confirmed that Condition B of Ordinance No. 96-61 had been met. Condition C. The County has not yet requested the required right of way. Condition D. As requested in your letter dated March 19, 2007, payment in the amount of $100,000 for the Parks and Recreation fair share contribution has been submitted to the County Director of Finance with my enclosed letter dated Apri19, 2007. The possible Roads and Traffic fair share credit for $100,000 involving the work to divert floodwaters along Kuakini highway at the Kuakini culvert was requested in my attached letter dated December 9, 2004. You tesponded by the attacked letter dated April 11, 2005, and approved a 50% project cost authorization not to exceed $100,000. This initial diversion work is now a portion of the all the work described in the CLOMR issued by FEMA on December 22, 2006. All of the work described in the CLOMR has not been completed. Any further credit, as requested in my attached letter dated October 26, 2006, is pending your decision. Condition E. The Department of Public Works has determined that it will not allow access from the project to the Alii Parkway. Condition F. See your letter dated December 14, 2001, which has already been referenced in this letter. Condition G. No request for dedication has been made. Condition H. The Pla~ming Department and the Department of Public Worlcs are monitoring compliance on a continuing basis. Christopher J. Yuen April 16, 2007 Page 3 Condition I. An archaeological sm-vey was first approved years ago although I do not have a copy of either the survey or the approval. Condition J. The developer will continue to comply with this condition. Condition K. The developer understands this condition. Condition L. An additional supplemental report will be submitted effective May 22, 2007, the effective date of Ordinance 96-61, as amended, being May 22, 1996. Condition M. and O. The developer notes these conditions. As I read the SMA permit, the conditions have been met, as described with respect to the ordinance. As noted, a CLOMR was issued by FEMA on December 22, 2006. A Drainage Chaimel Agreement and a Drainage Channel Maintenance Agreement has been entered in to between the developer and the County. Further, accommodation arrangements have been made to facilitate the development by the County of the Kahului bridge. The issuance of the CLOMR has made it possible for the developer to prepaze and submit final plans for the development of the balazice of the project. My understanding is that these plans are being processed through the Planning Department and other agencies. To the best of my understanding, no extraordinary problems are anticipated, In my view, the development of this project has been on an essentiaAy cooperative basis between the developer and the County. V truly yours, ~ Robert E. Bethea Encls. cc: Jack Paauw, Michelle D'Amico, Geoff Casbw-n (KHR) Bruce McClure, Galen Kuba, Kiran Em1er (DPW) Jeff Darrow (Plamiing Dept.), Kona Planning Dept. ROBERT E. BETHEA Attorney at Law 68S Kinoole Sweet Sui[e 105 Hilo, Hawaii 96730 Telephone: (SOS) 933-2626 Facsimile E-Mail (S08) 935-5578 bethea c~+,flex.com December 30, 2003 Christopher J. Yuen Platming Director County of Hawaii Aupuni Center ] 01 Pauahi Street, Suite 3 Hilo. HI 96720 Subject: Kona Hawaiian Vacation Ownership, LLC 2003 Annual Status Report Change of Zone Ordinance No. 96-61 (REZ 436) Special Management Area Use Permit No. 374 (SMA 374} TMK: 7-~-18: 61 and 7-5-19: 005, 038, 040, 047, 048 Dear Mr. Yuen, Kona Hawaiian Vacation Ownership, LLC (KHVO) completed the acquisition of the subject property in September, 2000, from Towne Development of Hawaii, Inc. (Towne). This is KHVO's second annual stanis report concerning compliance with the various conditions of Ordinance No. 96-61. and, to the extent applicable, Special Management Area Use Permit No. 374 (SMA 374j. The property is located between Kuakini Highway and Alii Drive, adjacent and to the south of Lunapule Subdivision, Waiaha 2"° and Kahului 1~`, North Kona, Hawaii. Prior to the acquisition of the subject property by I{HVO, Townie had advanced various plans for the development of the subject property. A retirement residential community and an assisted living facility had been under consideration by the Heritage Development Group (Heritage). On March 2Q 1997, the Planning Conunission approved SMA 374 to allow Heritage's development of a 300-unit retirement residential communty; including an assisted living facility and related improvements. However, as we understand the situation, Heritage decided not to proceed. Iu contemplation of a sale of the subject property to I<IIVO, Towne requested that SMA 374 be amended to allow fora 270-wait timeshare development in lieu of the 300-unit retirement community. Additionally, there was a request for an amendment to Condition No. 8 clarifying the F'>;MA Map amendment require~meuts, and to Condition No. 9 relating to the submittal of plans for Plau Approval relative to the Data Recovery Plan and Preservation Plan. Christopher J. Yuen December 30.2003 Page At its duly held public hearing on July 2, 1999, the Plaznung Cotmission voted to approve the above-referenced request to amend SMA 374. The Planning Commission specifically found that a 270-wait timeshare condominium would not be contrary to the General Pla~r m~ the Zoning Code and, further, that it would not be conu-ary to the reasons for granting the original permit. The Planning Commission noted specifically that timeshare units are permitted in the Multiple Family Residential zoned districts located, as is the subject property, in areas designated as resort render the General Land Use Pattern Allocation Guide (LUPAG) Map. Since its acquisition KHVO has moved expeditiously to develop the property in phases. The first phase is located on a ten-acre portion of the property. Final Subdivision Approval for recordation of this ten-acre subdivision, consisting of Lots 1, 2 and 3, was obtained on May 1, 2000. The resulting parcels are identified as TMK: 7-5-019: 005, 047 and 048. Specific conceptual, construction and wait-building plans were developed for Phase 1 a~Id submitted to appropriate County agencies. Additionally, Final Plan Approval, dated July 28, 2000, as revised May 10. 2002, has been obtained for 84 residential units, a pool complex, an administration btuldnig, and a reception building on Lots 1, Z and 3. Building permits and Certificates of Occupancy have been obtained for all Phase 1 improvements. Development of the second phase of the project is now underway. Final Plan Approval for Phase 2A, a 74-unit complex located on approximately 6 acres of TMK: 7-5-019:040, was obtained on October 29, 2002, and revised as of September 26, 2003. To date, building permits have been issued for all 74 units and most of the remaining proposed improvements within Phase 2A. Furthermore, a consolidation and resubdivision application for the approximately 23 acres contained in Phase 2 of the project area was submitted to the County Planning Department on October 1, 2003. The purpose of this application is to subdivide the larger Phase 2 into two parcels. one of which will contain the approximately 6-acre Phase 2A development and the larger of which will be the subject of future development. KHVO will continue working closely with appropriate Co~mty agencies to meet all permit conditions for Phase ZA as well as futtue increments of Phase 2. With respect to the floodplain, a CLOMR was issued on June 12, 2001. As-built plans for Phase ]flood conurol facilities were submitted on July 25, 2002. The LOMR application was filed on August 26, 2002. The LOMR became effective, following a public review period, on Apri124. 2003. As pertains to the conditions of SMA 374, KHVO has complied or will comply with all conditions. Christopher J. Yuen December 30. 2003 Page 3 The following is a summary of the conditions of Ordinance No. 96-61 and a description of the status of KHVO's intentions and actions pertinent to such conditions: No. Condition Status A. Applicant shall comply with TCHV O will comply with this condition. conditions of the Chan e of zone. B. Subdivision or Plan Approval shall KHVO has complied with this condition. be secured within 5 years. C. Dedicate required right-of-way for KHVO will comply with this condition. Alii Highway to the County upon its KHVO will work with DPW on the impact of request. the Alii Highway Project upon drainage and other concerns. D. The applicant shall make its fair KHVO has made all made all required fair share contribution toward parks, fire, share contributions currently owing for fire, police, solid waste and road facilities. police and solid waste facilities. KHVO has made a fair share contribution toward Parks and Recreation in the atnount of $277,490.34. The sum of $100,000 has been set aside for the development and construction of a public bike and pedestrian trail through a portion of the project, in accordance with plans to be approved by the Department of Parks and Recreation. The fair share contribution currently owing for roads and traffic is pending decisions by the Department of Public Worlcs on the reconstruction of the Kualcini culvert and the consb~uction of Alii Parkwa . E. Any access from Alii Highway shall KHVO will comply with this condition. meet with the a xoval of DPW. Christopher .l. Yuen December 30, Z00~ Page 4 F. Should applicant constntct any KHVO does not have any plans to construct improvements within the Waiaha 100 any improvements within the Waiaha flood year flood plain established by the plain, except as described in Condition F, and County pursuant to Chapter 27, other than encroachments into the floodplain Hawaii County Code, other than fringe areas as permitted by Chapter 27. ruads. pedestrian or bicycle paths or KHVO has no intention to trigger an trails. landscaping, or yards and open obligation on its part to reconstruct the space, the applicant shall construct Kahului Bridge. The Planning Department drainage improvements within the has confirmed that KHVO's plans for Phase I Waiaha flood plain including will not cause this condition to be imposed. replacement of the Kahului Bridge A Drainage Channel Agreement has been on Alii Drive. submitted se arately. G. Upon request of the Mayor, dedicate KHVO will comply with this condition. lands within the Waiaha flood way required for the public constnlction of drainage or floodway im rovements. H. Comply with all applicable rules, KHVO will comply with this condition. regulations and re uirements. 1. An archaeological survey shall be KHVO has complied with this condition. approved by DLNR prior to submission of plans for subdivision or land alteration. Prepare an archaeological preservation/ mitigation lan as re aired. .i. Should any unidentif ed sites be KHVO will comply with this condition. encountered during construction, work shall cease until appropriate clearances are secured from DLNR. K. Should a Uniform Impact Fee Contribution requirements are noted. Ordinance be adopted, contributions shall be credited towards such requirements. L. An annual progress report shall be KHVO will comply with this condition. submitted to the Director. M. An extension of time for the Condition requirements are noted. performance of these conditions may be granted by the Director. Christopher J. Yuen December 30. 2003 Page O. Should any condition not be Condition requirements are noted. substantially complied with in a timely fashion, the Director shat] initiate rezoning of the area to its original or more appropriate desienation. Please call me at 933-2626, or Lex Moore, Director of Construction, I:HVO, at 334-4734 if you have any questions or need additional uifonuation. V ry truly yours, Q G, f~L~ ! Robert E. Bethea ce: Lex Moore. hHVO .Of H9 :400.• - y~bc'. ~ ' :rte Chnstopher J. Ynen HaTIy Kim ~ r~ Director Mayor ~ E o."„.j' Roy R. Takemoto Deputy Director lLLT1,t1I~~1 0~ ~FS~IT~TTi PLANNING DEPARTMENT 28 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961-8288 • Fax (808) 961-8742 December 14, 2001 Mr. Robert Bethea 688 Kinoole St., Suite I05 Hilo, HI 96720-4252 Dear Mr. Bethea: Change of Zone Ordinance No. 96-61 (REZ 436) Applicant: Kona Hawaiian Vacation Ownership, LLC Subject: Confirmation of Status of Conditions B and F TMK: 7-5-18:61 and 7-5-19: Por. of 5 and 40 Thank you for your letter of October 23, 2001 in which you ask for confirmation of matters discussed at a meeting with the Planning Director and Mr. Geoff Casburn on October 18, 2001. With regard to those discussions we would like to acknowledge the following: Condition B of Ordinance No. 96-61: "Subdivision Plans and/or plans for plan approval shall be submitted to the planning director and final subdivision or plan approval, whichever is applicable, shall be secured within five (5) years from the effective date of this ordinance." The effective date of this ordinance was May 22, 1996. Since Final Plan Approval for the first increment of the development project was obtained in 7uly 2000, we agree that you have met this condition of the ordinance. Condition F of Ordinance No. 96-61 "Should the applicant propose to construct any improvements within the Waiaha 100 year flood plain established by the county pursuant to chapter 27 of the Hawaii County Code, other than roads, pedestrian or bicycle paths or trails, landscaping, or yards and open Mr. Robert Bethea Page 2 November 14, 2001 spaces, the applicant, alone, or in conjunction with other affected property owners and the County, shall construct and complete drainage improvements within the Waiaha flood plain including the replacement of the Kahului Bridge on Alii Drive prior to the issuance of occupancy permits on the subject property. All required improvements shall meet with the approval of the Chief Engineer." As discussed, your revised grading plan will result in some fill material and riprap intruding into the existing 100-year flood plain. We understand that this material is intended as flood protection, but this action is not in compliance with Condition F of the ordinance. Therefore, this proposed construction would require mitigative measures to meet with approval of the Chief Engineer. With regard to the impacts on the Kahului Bridge, it will be necessary to have the corrected floodplain map and data confirmed by FEMA. If FEMA accepts the revised map, then any potential impacts to Kahului Bridge must be projected using inputs from the corrected floodplain and the existing bridge. Furthermore, since some of the structures have footings in the post-development flood plain as shown on the CLOMR, those buildings are subject to certification requirements under Chapter 27. We also understand that Chapter 27 does not allow for any rise in the base flood elevation {BFE). The Department of Public Works has recommended three additionai conditions for subject building permits in Phase I to minimize potential flood damage to insurable structures and surrounding property owners based on the certified corrected floodplain. Once the Department of Public Works gives approval that the these additional conditions have been complied with and the new water surface profiles generated using the appropriate inputs indicate no substantial increase in base flood elevations at the Kahului Bridge as a result of the development, the revised plan maybe implemented without triggering the replacement of Kahului Bridge. Should you need further information, please contact Eileen O'Hora-Weir or Susan Gagorik at 961-8288. Sincerely, i G CHRISTOPHER ~ YUEN Planning Director EOW:mad p:\wpwin60\ei Teen\IetterslLBetheaREZ436 Mr. Robert Bethea Page 3 November 14, 2001 cc w/ltr: Planning Department -Kona Department of Public Works -Kona Engineering Division • r ROBERT E. BETHEA Attorney at Law 688 Kinoole Street, Suite 105 Hilo, Hawaii 96720 Telephone: (808) 933-2626 Facsimile $-Mail (808) 935-8578 bethea@flex.com October 23, 2001 Christopher J. Yuen Planning Director County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Re: Kona Hawaiian Village Project Kona Hawaiian Vacation Ownership, LLC Change of Zone Ordinance No. 96-61 (REZ 436) Special Management Area Use Permit No. 374 (SMA 374} TMK: 7-5-18: 61 and 7-5-19: Por. of 5 and 40 Dear Mr. Yuen: This will confirm the conversation in your office on October 18, 2001, with Mr. Geoff Casburn and the undersigned concerning the above project. At that time, we raised two issues with you concerning the interpretation of certain conditions set out in Ordinance No. 96-61, which became effective on May 22, 1996. The first issue concerned Section 2. B. of the ordinance, which required that " ...final subdivision or plan approval, whichever is applicable, shall be secured within five (5) years from the effective date of this ordinance." Final plan approval for the first increment of the project was obtained on July 26, 2000, which is within five yeazs of the effective date of the ordinance. However, although planning for the remainder of the project is moving along rapidly, final plan approval for the entire project will not be obtained within the five-year period. This will confirm your concurrence with our interpretation of the condition set out in Section 2.B.; namely, that the condition was satisfied when KHV obtained final plan approval for the first increment of the development. The next issue concerned Section 2.F. of the ordinance which provides that "should the applicant propose to construct any improvements within the Waiaha 100-year flood plain established by the county pursuant to chapter 27 of the Hawaii County Code, other than roads, Christopher J. Yuen October 23, 2001 Page 2 pedestrian or bicycle paths or trails, landscaping, or yards and open space, the applicant, alone, or in conjunction with other affected property owners and the County, shall construct and complete drainage improvements within the Waiaha flood plain including the replacement of the Kahului Bridge on Alii Drive prior to the issuance of occupancy permits on the subject property" As we explained, KHV is preparing a revised grading plan and a drainage report for buildings I1 to 14, inclusive, and also the reception center, all as indicated on the map we reviewed with you. A copy of this map is enclosed for your reference. The Public Works Department will review this grading plan for conformance with Chapter 27, Hawaii County Code. Upon the approva] of the grading plan and other conditions, building and occupancy permits will ultimately be issued by the Public Works Department. As we explained, the only intrusion into the post-construction FEMA 100-year flood plain line will be the fill material and riprap, which is a flood protection item. You confirmed that the completion of this work, with the approval of the Public Works Department, will not trigger the requirement for the replacement of the Kahului Bridge, as set out in Section 2. F.. Very truly yours, {f Robert E. Bethea Enclosure TiZOBE?~27C E. ~ET~-IEA Attorney at L,aw 688 ]<inoole Street, Suite l05 Hilo, Hawaii t~6710 Telephone: E-Mail: (808) 982-6858 bethea©hawaii.rr.com April 9, ?007 Christopher J. Yuen Plaiming Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 Subject: Compliance of Condition D -Fair Share Contribution Change of Zone Ordinance No. 96-61 (REZ 436) Special Management Area Use Permit No. 374 (SMA 374) Kona Hawaiian Resort (formerl y Kona Flawaiian Vacation Ownership, LLC) TMK: 7-5-18: 61 and 7-~-19: 005, 035, 040, 047, 048 Dear Mr. Yuen, In response to your letter dated March 19, 2007. enclosed is check no. 00110227, dated April 4, 2007, in the amount of $ ] 00,000.00 and made payable to County Director of Finance. This check was issued by Wyndham Vacation Ownership, Inc. and represents the deferred portion of the developer's fai r share contribution for Parks and Recreation. Ve' ~ truly yours, Robert l~. 3ethea Encl. ec: Pat Engelhard, County Director of Parks and Recreation Michelle D'Amico, Jack Paauw _NS., o: H9k. ~V •,,°g~~ ~ Y, ~ ~ n y~ ~ Christopher 7. Yuen Harry' Kim Mayor ?iadw ~drq,F of N~`~A Roy R. Takemoto Depury Dixcfar ~II1TX[~~1 II~ ~~C~22TT PLAI~INING DEPARTMENT 101 Paualu Street, Svite 3 Hilo, Hawaii 96720-3043 April 11, 2005 (808} 961-8288 • Fax (808) 967-8742 Robert E. Bethea, Esq. Attorney at Law 688 Kinoole Street, Suite 105 Hilo, ffi 96720 Dear Mr. Bethea: SUBJECT: KONA HAWAII VACATION OWNERSHIP, LLC CHANGE OF ZONE ORDINANCE NO.96-61 (REZ 436) SPECIAL MANAGEMENT t1REA USE PERMIT NO. 374 (SMA 374) TMK: 7-5-18:61 and 7-5-19:005, 038, 040, 047, 048 I am writing to respond to your letter of Dec. 9, 2004. I apologize for the time it has taken me to answer this letter. In essence, your letter suggests a project by your client that would remove some rock walls along Kuakhu Highway. These rock walls may divert floodwaters from the main channel of the W aiaha drainageway, to "Splitflow No. 3". The proposed project also includes some related improvements to the main channel. This would reduce flood flows in Splitflow No. 3. Under current conditions the culvert under Kuakini at the main channel will not carry a 100 year flood, the flood waters will overtop the road, and the stone wall, along with other topographic features, tends to divert the water to the north, where it flaws into Splitflow No. 3, and some water may also continue along Kuakini farther to the north. Your letter gives an estimate of $150,000, and requests that this work be credited against the "roads" portion of the fair share assessment for the property, because it will help protect Kuakini Highway against flood damage. I will authorize 50% of the project to be credited against the fair share for roads, up to a maximum credit of $100,000, because the project also has a substantial benefit to the private owner for drainage improvements that would otherwise be their responsibility under the current zoning ordinance, as well as a public benefit. Hawaii County is an equal opportunity provider and entplover. Robert E. Bethea, Esq. Attorney at Law Page 2 April 11, 2005 The property in question is covered by Ord. 96-b1, which amended Ord. 86-79. Originally, under Ord. 86-79 and the prior ordinance, Ord. 870, because of the flooding issues on the property, the owner was required to construct major drainage improvements. Under Ord 96-61, those improvements were triggered only by construction within the floodways. Thus, by reducing the size of Splitflow No. 3 through the LOMB process that would accompany this project, the owner receives the use of additional property without having to construct major drainage improvements that would o8rerwise be required by Ord. 96-61. While this is a worthwhile proj ect I an7 concerned that the analysis that we are relying on assumes that the existing 5' X 5' culvert under Kuakini at the main W aiaha channel will be unimpeded during a major flood. The mauka channel is full of brush and small trees, and there is a hogwire fence about 20' mauka of the culvert entrance that could be carved into the culvert during a flood. Although factors like this may not go into an engineering analysis it suggests caution in dealing with Splitflow No. 3. Sincerely, l`' 1. r C~~.~J J CHRISTOPHBR J. ~JEN Planning Director CJY:pak WpwinGOlChrisBethea - Waiaha KH VO cc: Department of Public Works Long Range Section Rezoning File No. 436 ROBERT E. BETEIEA Attorney at LaN~ 688 IGnoole Street Suite 105 Hilo, Hawaii 967°_0 Telephone: (808) 982-0858 Facsimile E-Mail (808) 982-9997 bethea@flex.com Deceutber 9. 3004 Clrristopher J. Yuen Plaiming Director County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Summary of discussions between KHVO and the Department of Public Works (DPW) concerning a proposed Kuakini Higbway Project funded by KHVO query concerning a credit to KHVO for a Roads and Traffic fair share contribution Kona Hawaiian Vacation Ownership, LLC Change of Zone Ordinance No. 96-61 (REZ 4361 Special Management Area Use Permit No. 374 (SMA 374) TMK: 7-5-18: 61 and 7-5-19: 005, 038, 040, 047. 048 Dear Mr. Yuen: Enclosed is the following: 1. Letter dated November 15, 3004, from Geoffrey L. Casburn, P.E. to Lex Moore at KHVO (the "study letter"). 2. Letter dated November 22, 3004, from the undersigned to Bruce McClure, Director of Public Works (the "Project letter"). This is a follow-up to a meeting with Bruce McClure ant] Galen Kuba at DPW on November 16, 2004. Lex Moore, Geoff Casburn and the wxlersigned represented the Kona Hawaiian Village project (KHVO). This meeting on November 16, 2004 was afollow-up to a preliminary meeting several weeks earlier. The purpose of the preliminary meeting was to advise DPW that a new topographic study had been completed. anti that it was likely to demonstrate that the 100-year flood diversion to Splitflow #3 was going to be substantially less than earlier flood estimates. Cln'istopher J. Yuen December 9, 2004 Page 2 This preliminary estimate was confirmed to DPW in the attached study letter, which also outlines what is described as the Project. The Project involves the removal of stacked-rock walls and earth berms along some of the makai edge of Kuakini Highway north of the Kuakini culvert. As explained, this work would allow a greater portion of the 100-year flood to flow directly into the Waiaha flood plain immediately makai of the Kuakini culvert. Ultimately, whether in connection with the construction of the Alii Parkway project, or as a discrete Kuakini culvert reconstruction project, which the County is considering, the County intends that all of the waters of the 100-year flood will flow directly under Kuakini Highway and into the main channel of the Waiaha floodplain. This will result in corresponding increases in the base flood elevation (BFE) mauka of the confluence with Splitflow #3, unless the County constructs a lined channel along that entire segment of the Waiaha floodplain. This would be a major expense that may not be necessary. As you will note from the Project letter, the "calculated" BFE will increase in the mauka areas of the Waiaha floodplain simply because of the new topographic study. In other words, there will be new base flood elevations shown on the flood maps, but such increases are not the result of any activity in the floodplain. However, the Project as described will increase the "actual" BFE as indicated. Tt is anticipated that any such increases hr BFE can be mitigated by excavation or other work in the channel itself, quite possibly, only upon land owned by KHVO. Although the proposed Project does not resolve all of the 100-yeaz flood concerns, the estimates are that upon completion of the Project, the rate o F flow of the 100-yeaz flood waters flowing northward fiom the Kuakini Highway cuh~erl could be reduced to approximately 300 cubic feet per second. Accordingly, both KHVO and DPW have concluded that the Project may afford substantial flood dan7age protection, even from smaller floods, to Kuakini Highway itself and to the residential and other areas north of Splitflow #3. KHVO's understanding is that DPW has confirmed verbally that it agrees with the conclusions set out in the Project letter, including that the Project worild serve the public interest in protecting Kuakini Highway and other areas against I]ood damage. As noted, the completion of the Project will also benefit KHVO because the reduced flow rate in Splitflow #3 will make the Splitflow easier to cross as KHVO continues with its development of its property. The final question that the parties could not answer was whether the costs of the work dmre in comnection with the Project would entitle KHVO to receive a credit toward the Roads acid Traffic fair share contribution that it is required to make. Although final engineering has not been completed, it estimated that the total cost of the Project, including excavation and other mitigation work in the chamiel to prevent any increase in BPE, if that is necessary, would be on the order of $150,000. Clu-istopher J. Yuer. December 9, 2004 Page 3 We you will appreciate your advice as to the issue of entitlement to a fair share contribution and as to any other concerns that the Planning Department may have. We believe both DPW and KHVO agree that this Project should move forward as soon as possible. Please contact the undersigned for any further information or explanation that may be necessary. V y trul yours, Robert E. Bethea cc: Bruce McClure (w/ enclosures) Galen Kuba (w/ enclosures) Ki Emler (w/ enclosures) Norren Kato (w/ enclosures) Lex Moore (w/ enclosures) Geoff Casburn