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HomeMy WebLinkAboutCOM 0749.000 2006-2008 a. Harry Kim Christopher J. Yuen Mayor Directo. • Brad Kurokawa, ASLA LEED® AP ATauittvt of ~Wuaii Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 (808) 961-8288 • FAX (808)961-8742 October 16, 2007 _.a V Ms. Segolene Wilson, Project Planner Betsill Brothers 635 Kenolio Road Kihei, HI 96753 Dear Ms. Wilson: Change of Zone Ordinance No 06-137 (REZ 709) and Change of Zone Ordinance No. 06-138 (524) Applicant: Samson LLC Subject: 2007 Annual Progress Report Tax Map Key: 7-5-10: portion of 13 This is to acknowledge receipt of the annual progress report dated September 17, 2007, for the above-referenced property in compliance with Condition Q of Change of Zone Ordinance Nos. 06-137 and 06-138. Thank you for your compliance in this matter. If you have any questions, please contact Jeff Darrow of this office at 961-8288, ext 259. Si U ~~C HE J.1rUEN N ,.Planning Director 1WD:syhf P:\public\wpwin60Veff\Letters\Annual Reports\LWilfon-APR2007-REZ524&REZ709.doc cc/ltrt: Hawaii County Council Planning Commission Planning Department - Kona Comm. No. Ref. To: r~ _ Ref. Date OCT 22 2(1 Hawaii County is an Equal Opportunity Provider and Employer. ~ _ rt Trapmittal 635 Kenolio Road, Kihei, HI 96753 (808) 879-5375' (868)' 879=5159 fax I&A Date: 09-17-07 From: Segolene Wilson for Dennis Boehlje To: Christopher J Yuen County of Hawaii Planning Commission 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Project name: Kumulani REGARDING: SMA Annual Progress Report ENCLOSED COPIES DESCRIPTION Copy 1 CHANGE OF ZONE ORDINANCE NO. 95-118 AND 90-010 Annual Progress Report As requested For your use and distribution For your records For signature and return X For you information and use For signature and forwarding For your approval For necessary action For your review and comment See remarks below REMARKS: VIA: CC: Overnight mail X Mail Hand delivered - Fax Telefax number: Number of pages (including this page): Courier I hereby acknowledge receipt of the above named items. Signature: Print Name: 033625 1 CHANGE OF ZONE ORDINANCE NO. 95-118 AND 90-010 ANNUAL PROGRESS REPORT 09-19-2007 KUMULANI - 146 UNITS TMK (3)7-5-010:013 At its meeting on October 31, 2006, the Council of the County of Hawaii approved ordinance no. 06 137 amending ordinance no. 95 118 which amended ordinance no. 92- 36, which reclassified lands from unplanned (U) and double-family residential - 3,750 square feet (RD-3.75) to multiple family residential -2,500 square feet (RM-2.5) and village commercial - 7,500 square feet (CV-7.5), respectively, at Hienaloli 4`n and 5"`, North Kona, Hawaii, tax map key:7-5-10:portion of 13 (formerly 7-5-23:63). At its meeting on October 31, 2006, the Council of the County of Hawaii approved ordinance no. 06 138 amending ordinance no. 95 010 which amended ordinance no. 86 49, which reclassified lands from multiple family residential-2,000 square feet (RM-2) to village commercial - 7,500 square feet (CV-7.5), at Hienaloli 5"' and 6th, North Kona, Hawaii, tax map key:7-5-10:portion of 13 (formerly 7-5-23:64 and 67). Condition Q requires that an annual progress report be submitted and reviewed by the Planning Director. As the list of conditions is identical, this report is submitted to satisfy this condition for both ordinances. Samson LLC has diligently pursued obtaining the necessary approvals to move forward with the project. The following are the conditions to be met and our responses. Condition A The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. Response The applicant will comply with this condition. Condition B The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" with ninety (90) days from the effective date of this amendment. 2 Response The applicant's attorney received confirmation from Department of Water Supply's commitment to 50 units for this project. For the remaining 96 units and landscape, we are under contract with Dan Bolton's Waiaha Water System with 110 units reserved. Condition C Construction of the proposed development shall be completed within five (5) years from the date of the effective date of this amendment. Prior to construction, the applicant shall secure Final Plan Approval from the Planning Director in accordance with Sections 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, landscaping, paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule 17 (Landscaping Requirements). Response Construction plans are estimated to be submitted for Final Approval in May 2008. Upon permit issuance, construction is anticipated to be completed within 2 years. Condition D A five-foot wide future road widening strip along the Hualalai Road project frontage shall be subdivided and dedicated to the County within two years from the effective date of this amendment. Response The applicant will comply with this condition. Condition E The applicant shall realign and provide collector street improvements to the entire project frontage along Hualalai Road consisting of, but not limited to, right-of-way and pavement reconstruction and widening with concrete curb, gutter and sidewalk, drainage improvements, streetlights, signs and markings and any relocation of utilities, meeting with the approval of the Department of Public Works. The widened and improved 3 area shall provide for opposing left turn lanes along any necessary pavement transitions. The applicant shall construct and dedicate to the County upon request by the Department of Public Works, the additional improved street right-of-way at no cost to the County, prior to receipt of a Certificate of Occupancy. Response The applicant will comply with this condition. Condition F Access to Hualalai Road shall be limited to one approach, located as approved by the Department of Public Works. An additional gated access should be provided at the mauka en of the property to the existing County flood control access road for emergency access purposes and be gated. The applicant shall provide a left turn storage lane on Hualalai Road to the subject property prior to the issuance of a Certificate of Occupancy. All sight distances to the approach shall meet the requirements of the Hawaii Statewide Uniform Design Manual (AASHTO). Response The applicant will comply with this condition. Condition G Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. Response The applicant will comply with this condition. Condition H Any vehicular security gate shall be located a minimum of 60 feet (exclusive of gate swing) from the proposed Hualalai Road right-of-way with a turnaround on the County road side of the gate. This 60-foot requirement shall not apply to the emergency access. Response This project will not be a gated community, therefore there will be no security gate. 4 Condition I All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. Response A drainage plan drafted by our civil engineer will be part of the final set of plans and our construction team will use their best management practices during the length of the construction. Condition J A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage system shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. Response The applicant will comply with this condition.• Condition k A Solid Waste Management Plan shall be submitted to the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. Response The applicant will comply with this condition. Condition L The project shall connect to the County sewer system, meeting with the approval of the Department of Environmental Management. Response The applicant will comply with this condition. Condition M Applicant shall implement the approved archeological mitigation plan and burial treatment plan. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations of human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-State Historic Preservation Division 5 (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Response The applicant will comply with this condition. Condition N The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple-family residential unit (single family residential unit) shall be allocated as follows: 1 $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support park and recreational improvements and farcicalities; 2 $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3 $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4 $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; 5 $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the 6 region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; provided however, that the cost of providing and constructing the improvements required in Condition D and E may be credited against the sum specified in Condition N(5) for road and traffic improvements. Response The applicant will comply with this condition. Condition O 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 towards the requirements of the Unified Impact Fees Ordinance; Response The applicant will comply with this condition. Condition P To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. Response The applicant will comply with this condition. Condition Q An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this amendment. The report shall address the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. 7 Response This report is filed in satisfaction of this requirement. The applicant will continue to comply with this condition. Condition R Comply with all applicable County, State and Federal laws, rules, regulations and requirements. Response The applicant will comply with this condition. Condition S Should any of the conditions not be met or substantially complies with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. Response The applicant will be applying for a time extension due to extenuating circumstances.