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HomeMy WebLinkAboutCOM 0748.000 2006-2008 NYtl MI Hxrrg Kiln Christopher J. Yuen Mayor „ Director ...o. Brad Kurokawa, ASLA LEEDO AP //..~~TT'' G.. %(IT ntij of p"afuMii Deputy Director LLV PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 October 16, 2007 (808) 961-8288 • FAX (808) 961-8742 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 and Ordinance No. 94-31 (REZ 697) Applicant: Waikoloa Development Company Subject: 2007 Annual Progress Report Tax Map Keys: 6-9-7:9, 12-18, 25, 26, 30 and 6-9-82, 6, 7 9-12 This is to acknowledge receipt of your letter dated September 27, 2007, containing an annual progress report as required by Condition K of Ordinance No. 85 75 (REZ 506) and Condition M of Ordinance No. 91-112 and 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. In the future, we would appreciate if you would consolidate all annual progress reports for any Change of Zone Ordinances, SMA Permits, Use Permits and/or Special Permits that relate to the Waikoloa Resort Area rather than submitting numerous reports at different times. The submittal date that will be used will be on or before November 18th of each year. Thank you for your cooperation in this matter. If you have any questions, please contact Jeff Darrow of this office at 961-8288, ext.259. S LRT C HER J. Y U N 5 Planning Director JWD:syhf P:\WPWM60UEFF\Letters\Annual Reports\LRo}y-REZ506&REZ697-APR2007.doc cc/ltr: Hawaii County Council Planning Commission Planning Department-Kona Q Comm. No. 70 Ref. To. Ref. Date ~ 2_- 2._ Nawai'i County is an Equal Opportunity Provider and Employer. 'VVAII6OLOA September 27, 2007 Mr. Christopher J. Yuen, Planning Director Planning Department Aupuni Center 101 Pauahi Street Hilo, Hawaii 96720 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 91-112 for the Waikoloa Beach Resort. Ordinance No 265, as amended by Ordinance No 85-75 OREZ 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 P 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 Mir. christoprber J. `,'unit Page, 2 September 27, 2007 of zone request. The petitioner/representative(s) shall also be responsible for securing final approval, Compliance: This condition has been satisfied. • "D. The method of sewage disposal shall conform to the rules and regulations of the State Department of Health. The petitioner shall also comply with other rules and regulations of the Department of Health;" 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 of the 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 makai 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 areas within a multi-family site shall be credited towards 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 area 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 submit 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 Mr. Christophef J. Yuen Page 3 September 27, 2007 the extent the study shows sufficient employee housing is not available, the petitioner/representative(s) shall submit plans for the provision of permanent resort employee housing for Step IA 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 be provided and the number of units to be provided. The required housing shall be made available prior to the issuance of the occupancy permit for the first operational hotel. Subsequent resort housing requirements due to hotel development shall be based on additional housing needs studies and shall be determined prior to the issuance of occupancy permits for each hotel;" Com lp iance: 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. • U. The petitioner shall reserve a minimum of ten (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 Commission 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 (TMK: 6-9-07:34) has completed development plans for 192 condominium project. Construction on the project continues. Naupaka Place (TMK: 6-9-07:13) has completed the development of the (11) eleven single-family luxury home site lots. Jar. Q"lEristoplnea .k'. "c'uer~ Page 5 September 27, 2007 Marriott Waikoloa Beach 330 The Shores at Waikoloa 40 Vista Waikoloa 5 Waikoloa Land Company and related entities 161 Total Estimated Resort Employment 2,510 • "L. All other applicable rules and regulations be complied with, including the Special Managemen Area, Planned Development Permit, and Plan Approval processes. In addition, any conditions c! approval stipulated by the Planning Commission in the granting of requested permits, such as thr Special Management Area Use Permit, Planned Unit Development Permits, Planned Developmen, Permits, and State Land Use Special Permits shall be incorporated herein by reference. Should an, of the foregoing conditions not be met, rezoning of the area to its original zoning designation mad be initiated." Compliance: All other applicable rules and regulations have been complied with, including thf Special Management Area Use Permit, Planned Unit Development Permits, Planned Developmen: 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 o approval; Compliance: Compliance with all conditions of approval are being pursued and/or the condition: 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 secures within one year thereafter. To assure adequate time for Plan Approval review and :r accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forte- _ five (45) days prior to the date by which Plan Approval must be secured; Compliance: This condition has been satisfied. • C. Intersection improvements to Queen Kaahumanu Highway, which may include phasin, 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. L. Traffic Management Plan shall be approved by the Department of Transportation and approves recommendations implemented. Further, a letter from the Department of Transportation, Highways Division confirming the funding and construction of other on-site and off-sip( Mir. christophe'r J. Yuen Page 6 September 27, 2007 transportation improvements or other means agreed upon, shall be submitted within one year from completion of the Department of Transportation-Highways Division Corridor Study; Compliance: The Department of Transportation, has completed construction of a traffic signals at two separate locations: (1) at the entrance to the Resort off of Queen Kaahumanu Highway and (2) at 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 Transportation has begun construction on the portion of the Queen Kaahumanu Highway between Kealakehe and Henry Street. • D. All roadways within the proposed development shall be constructed in accordance with the 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: Construction of the Hilton Grand Vacations Club (HGVC) formerly, Kings Lands located on a portion of (TMK: 6-9-08: per. 12) has begun. HGVC has contacted the Planning Department and Department of Public Works to construct the roadway connection up to the boundary of the adjacent property • 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; i-. Christopher J. Yucii Page 7 September 27, 2007 Compliance: Should any archaeological resources be discovered during site work, applicant will immediately comply with this condition. • 1. 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 units; Compliance: According to the Department of Education's memo to the Executive Office of the State Land Use Commission dated January 11, 1994, this condition 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, including 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 all 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 iAF. UristolAwr J. Yuen page IS September 2:7, 2007 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 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 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 with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. 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 2008 at Waikoloa Beach Resort. Your acceptance of this report for 2007 is appreciated. Resp lly submitted, Thos Rohr President