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HomeMy WebLinkAboutCOM 0432.000 2006-2008 t1 ~ i ' n~v RR ~ II IFiF. 1 u1L__i ' 1 ia,~, b ~~a ~If 1': I~e}nor ~r PTrr F al ~`~~F~N4 IrtffM~~~~,eaF,~le~~~ ;:aJL~i t''~` • b ~'~F3C~ Air r _ ,deputy tJirecanr P'L!#~Il°~>1NQa I9EPA127`MEN1~' 101 Pauahi Street, Suite 3 • Hilo, Hawxn 96720-4224 (808) 961-R'LSP, • FAX (808) 961-8742 December 8, 2007 ~N v m R. Ben Tsukazaki, Esq. ~Q r' zS Tsukazaki, Yeh & Moore N 85 W. Lanikaula Street "r Hilo, HI 96720-4199 ~ r--' ~ ~ ca ~ Dear Mr. Tsukazaki: ~a ' ` u Q cn Change of Zone Ordinance No. Applicant: West Hawaii Business Park, LLC Request: Open (O) to Industrial-Commercial Mixed (MCX-20) and General Industrial (MG-la} Subject: 2007 Annual Progress Report Tax Man Key: 7-4-8: portion of 13 and 30 This is to acknowledge receipt of your letter dated November 28, 2007, containing an annual progress report in compliance with Condition V of Change of Zone Ordinance 04-110 (REZ 1049). The next annual report will be due on or before October 12, 2008. Thank you for complying with these requirements. If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 259. Sincere CHRISTOPHE 3. YUEN Planning Director JWD:smn P:\public\wpwin60Ueff\Le~ers\Annual Reports\LTsukasaki-APR2007-REZ1049.doc cc w/copy of report: Hawaii County Council Planning Commission Kona Planning Department tt ~j Comm. No. K J Ref. To: Bef. Date OEC 12 2007 1Pe~n~ai`e ~ouaYSJ~~ Es ~u* €r)u~~E CSpFaor'irsiiry~ 1"uEraie?er ^red' ~nepGtyer. .,~1-~ i'G7l r~r ]~?4 CV6i7G k.l"~, '~~;UIV~7ai(l ' "!"r<rCid E.YE k'f Lf-~~A' _ ~ ,p,I,ntE.~-ter! i. i.~n`~~~xi S.i:,',:iiib; La yr C~.m.n;.o.' - - I~yftPldva.eGt t:5 \rv. l~anil;aule~ titrcet Hilo, Hawaii 9fi720-A-19S M[CIIF-.HL V?. I?~OnRS 'f'e(ephona (808)96]-0095 P'AY. (808)464-1431 runoon„rr~Iavn.~et ]AMAP; 7:.K. I(A WAUCHI jIdQUlava nel November 28, 2007 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street; Ste.3 Hilo, Hawaii 96720 Re: West Hawaii Business Park, LLC Annual Report, Ordinance No. 04-110 TMK: (317-4-008: 013 (nor.l & 013 Dear Mr. Yuen: On behalf of West Hawaii Business Pazk, LLC ("the Applicant"), this is to transmit the annual report relating to Ordinance No. 04-110, which rezoned Tax Map Key ("TMK") Nos.: (3) 7- 4-008: 013 (por.) and 030, North Kona, Hawaii from Open ("O") to Industrial-Commercial Mixed ("MCX-20") and General Industrial ("MG-1 a"). Attached is a table showing the express conditions of Ordinance No. 04-110 with respective statements of the status of compliance. As a matter of general update, the Applicant has commenced the development of a mauka water source (Palani Well). An agreement between Petitioner, the Department of Water Supply and the Water Boazd was executed on August 22, 2006 and drilling operations began in the first week of October. As of December 10, 2006, the well shaft was drilled down to approximately 1,650 feet, where it reached water. Initial pump testing to determine water quality and pump capacity was initially scheduled for December 14, 2006. However, due to a defective pump, all drilling was stopped. A 96-hour pump test was conducted the week of October 15, 2007. The Applicant has been working with the County on the accelerated construction of Kamanu Street. In order to facilitate the process, the Applicant agreed to initiate work on the construction plans, using its own engineering consultants and absorbing the related engineering costs of preparing such plans. The construction plans have been completed and all required agencies have reviewed and signed them. Construction of the Kamanu Street Extension will be managed by llPW as a public works project. To enable DPW to proceed on this basis, the Applicant agreed to subdivide out the road right-of- way from the project area and convey the subdivided parcel to the County. The subdivision of the ~ P= Tsukazald Yeh & Maore AT'CORNEYR A1' LAw A Limited Liability Law Company Christopher J. Yuen November 2R, 2007 Page 2 Kamanu Street right-of--way ("ROW") out of TMK No.: (3) 7-4-008:013 (Lot A-1) has been completed, with Final Subdivision Approval granted on July 3, 2007 (SUB 06-000403). The approved final plat map creates five bulk parcel including the roadway lot, as follows: Lot A-1-A 170.886 acres Mauka Lot (above Kamanu Street ROW) Lot A-1-B 95.387 acres Makai Lot -North of Preservation Lot A-1-C 37.703 acres Makai Lot -South of Preservation Lot A-1-D 5.600 acres Preservation Lot Lot A-1-E 4.802 acres Kamanu Street ROW Please do not hesitate to contact me at 961-0055 if you have any questions regarding the enclosed report. Thank you for your time and consideration in this matter. Very truly yours, TSUKAZAKI YEH & MOORE A Limited Liability Law Company. R. BEN TSUI AKI RBT:mb Enc. cc: West Hawaii Business Park, LLC West Hawaii Business Park Annual Report -Zoning Ordinance U4-110 November 28,1,007 Condition Description Current Status 1 Ordinance 04-110 A' The applicant, successors or assigns shall be responsible for Applicant, its successors and assigns will comply complying with all of the stated conditions of approval. µ't~ all stated conditions of approval contained in Ordinance 04-110. B. Applicant, its successors and assigns will comply The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order With all conditions of approval of the Decision (Docket No A00-730) dated September 26, 2003. and Order f'or Docket No. A00-730. C' Prior to the issttance oti a water commitment by the APplicant is developing Palani Well No. 1 Department of Water Supply, the applicant shall submit the Ptusuant to a Well Development Agreement with anticipated maximum daily water usage calculations, as the Water Boazd dated August 22, 2006. The recommended by a registered engineer, and a water Fell has been drilled, cased and grouted. A 96- commitment deposit in accordance with the "Water hour pump test was conducted the week of Commitment Guidelines Policy" to the Department of October 15, 2007. Water Supply within ninety days from the effective date of this ordinance. Allocation of commitments to Applicant to be governed by the Well Development Agreement. D The subject area shall be zoned in multiple increments: D.1. The fast increment shall consist of Parcel 2 (MG zoned Applicant acknowledges that the rezoning of area) and Parcel 3 (9.9 acre MCX zoned area) whose Pazce12 to General Industrial (MG-la) and Parcel zoning shall be effective upon adoption of this ordinance. 3 to Industrial-Commercial Mixed (MCX-20) became effective as of October l2, 2004. D.2. Applicant, its successors or assigns will comply Zoning increments within Parcel 1 (186.7 acre MCX zoned area) shall be identified by applicant as part of fuure the condition regarding incremental rezoning subdivision applications. The effective date of these future of Pazcel 1 based upon the subdivision of lots and zoning increments shall be upon completion of construction full improvement of the adjacent roadways to or acceptance of financial assurance thereof, by bond or County dedicable standards. other means, meeting with the approval of the Planning Drector, whichever occurs fast, for the portion of road No development activity or new construction has improvements as shown on [he approved circulation plan occurred on any portion of Parcel 1 [o date. within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23- 28, Chapter 23, Hawaii County Code, or any remainder lot that is designated by the applicant on its subdivision plans. E' Prior to constmction on the proposed lots, the applicant, Applicant, its successors or assigns will comply successor or assigns shall secure Final Plan Approval for wtth this condition for Final Plan Approval. the proposed development from the Planning Director in accordance with Section 25-2-7Q Cha ter 25 (Zonin Page No. 1 West Hawaii Business Pat•k flnnual Rcpoe-t -Zoning ©rdinancc J4-t td November 28, 2QU7 Condition Description Current Status Code), Hawaii County Code. Plans shall identify all existing and/or proposed stmctures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impact to adjacent properties in accordance with the requirements of Planning Department's Rule No. l7 (Landscaping Requirements). F' An overall landscaping master plan, including a minimum ~ ~mtial landscape plan for WHBP, including 50-foot wide landscaping buffer along the property's the master plan for the 50-foot setback area along frontage on Queen Kaahumanu Highway shall be submitted the Queen Kaahumanu Highway, was submitted to and approved by the Planning Department prior to the to the County and the National Park Service issuance of Final Plan Approval for any development ("NP$") for review on January 2006. within Lots l and 3. The Landscaping Master Plan shall reflect the proposed landscaping concept depicted in Figure Based upon comments received from various 4-4g of the petitioner's Final Environmental Impact parties, [he landscape plan and the master plan for Statement dated Apri12003 and shall include, but not the Highway Buffer Area were refined and a necessarily limited to, plant species list, identification of revised draft was submitted to the County and view condors Rom within and outside of the project area NPS in April of 2007. and maintenance program. The required landscaping improvements shall be installed in conjunction with the development of immediate surrounding areas. The Pre-Final Draft will be distributed before the end of 2007. O• An updated Traffic Impact Assessment Report (TIAR) An update of the TIAR was finalized in March certified by a licensed engineer shall be submitted for 2007. Copies were provided to the Department of review and approval to the Planning Director and Public Works ("DPW") on October 9, 2007. A Department of Public Works, prior to receipt of Final copy was Vansmitted to the Planning Departrnent Subdivision Approval. The TIAR shall be updated to on November 13, 2007. include the increase in the MCX-zoned azea and the inclusion of interior intersections along the South Access Data from the TZAR will be used to distinguish Road and Honokohau SVeet. The revised TIAR shall also between: (a) impacts generated bypre-existing evaluate impacts to the Kamanu Street and Kealakehe conditions; and (b) impacts attributable [o tratlic Pazkway intersection. The improvements identified in the generated by the project. updated TIAR shall be provided in an appropriate design yeaz or phased with the needed right-of--way provided. Mitigation measures called for in the revised TIAR that are Note: A separate TZAR is being prepazed reasonably related to the project impacts shall be independently, based on a somewhat modified implemented meeting with the approval of the Plamring subdivision and internal roadway configuration Director in consultation with the Department of Public for the WHBP. Submittal of [his updated TIAR Works. will be subject to a decision on the preferred concept. H. Applicant is finalizing arrangements with Ore All access and intersection improvements along Queen Kaahumanu Highway shall be constructed meeting with all Department of Transportation ("DOT") - the requirements and approval of the State Department of Highways Division in regard to the points of Trans orta[ion. Access to Parcel 1 Rom ueen connection as part of Phase II of the Queen Page No. 2 West Hawaii Busiuess Park Anuual Report - 7ouing ~rdenance 04-i 111 November 28, 2007 Condition Descri lion Current Status Kaahumanu Highway shall be limited to the North Access Kaahumanu Highway Widening Project. Road and, after construction of the National Park Service/Lanihau (South Access Road) signalized intersection, to the National Park Service/Lanihau (South Access Road) intersection and to the North Access Road under such terms and conditions required by the Department of Transportation. 1' Prior to granting of Tentative Subdivision Approval for any ~ internal roadway circulation system has been lot within the subject area, the applicant shall prepare an Prepared and used as the basis for the TZAR overall Roadway Circulation Plan showing the major road submitted to DPW and the Planning Depaztment condors within the project area for review and approval by (see Condition G above). the Planning Department, in consultation with the Department of Public Works and the State Department of Note: The TIAR being prepared independently at Transportation. this time is based on a different circulation plan. J' Prior to the issuance of a Certificate of Occupancy of any Construction plans for the Kamanu Street structure within the project area, except as provided in Extension have been approved by DPW and other Condition K, L and M below, Kamanu Street Extension agencies of the County. Design of the short shall be constructed and available for use across the entire Portions of Kamanu within the TSA/Kaloko and project area. The applicant shall construct Kamanu SVeet McClean properties have been included as part of extending from the north property boundary to the south the consWCtion plans to ensure connections to property boundary meeting with the approval of the the existing roadways on both sides of the project Department of Public Works. At its sole discretion, the site. applicant may construct Kamanu Street Extension in stages, the first of which shall consist of preliminary vehiculaz No development activity or new construction has access (hereinafter defined as road improvements occurred on this portion of the property to date. constructed to non-dedicable standards) meeting with the safety and design requirements of the Department of Public Works suitable for through-vehicular travel Construction of the first stage shall be completed prior to the issuance of the Counry's issuance of a Certificate of Occupancy for any portion of the subject property, except as provided herein. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards including curbs, gutters and sidewalks, meeting with the approval of the Departtnent of Public Works, which shall be constructed in conjunction with Final Subdivision Approval for any lands along the roadway improvements constructed in the first stage, excluding large lots or remainder lots. [n the event that Kamanu Street is constructed with County or other government funding or financing, the applicant shall dedicate the Kamanu Street right-of--way to the County at no cost, and the Kamanu Street improvements shall be improved to County dedicable standards, including cwb, The entire length of the Kamanu Street Extension gutter and sidewalks, prior to the issuance of a Certificate is designed and constructed to County dedicable of Occu anc within the subject roe , exce t as standazds' Pagc No. 3 West Hawaii Business Park Artrt[tal Report -Zoning ®rdinance (14-110 November 28, 2007 Condition Description Current Status provided in Conditions K, L and M herein. In this event, prior to the granting of Final Subdivision approval for lots fronting Kamanu Street, other than bulk or remainder lots, Applicant, its successors and assigns will the applicant shall reimburse or otherwise contribute to the participate with the County of Hawaii Finance appropriate agency for the cost of construction. Provided Department in regard to the creation of a that reimbursement shall occur within five years of Community Facilities District to fund the completion of construction, or if reimbursement is by way construction of the Kamanu Street Extension. of the applicant taking over bond payments, such repayment The construction will be managed by DPW. shall begin within four years of completion of construction. Reimbursement of the cost of construction of Kamanu Street shall not include any costs in excess of those necessary for aCounty-dedicable road serving the project area only. K• Prior to the issuance of a Certificate of Occupancy for Applicant, its successors or assigns will comply improvements within an approximately 10-acre portion of wttlt this condition. Parcel 1 along Kanalani Street Extension between the north property boundary and the North Access Road, Kanalani No development activity or new construction has Street Extension from the north property boundary to the occurred on this portion of the property. North Access Road and the construction of improvements within the North Access Road/Queen Kaahumanu Highway intersection and the North Access Road, as provided in the TIAR, shall be completed to County dedicable standards. L Prior to the issuance of a Certificate of Occupancy for Applicant, its successors or assigns will comply improvement within Pazce12, other than for uses or with this condition. improvements permitted or allowed as part of the on-going quarry and related activities, Kamanu Street Extension shall No new development activity or conswction has be constructed and available for use across the entire occurred on Pazcel 2 (TMK: (3) 7-4-8:74). project area as provided in Condition J above. M' Prior to the issuance of a Certificate of Occupancy within As of January 31, 2007, Zoning Pazce13 was sold Parcel 3, the applicant shall improve the north side of to PS Investments. However, DPW previously Honokohau Street, meeting with the approval of the Dept. provided Applicant with a letter confirming that of Public Works. no further improvement to the north side of Honokohau Street would be required as long as the roadway remains a private sweet. N' Street lights, traffic signals and applicable vaffic control Applicant, its successors or assigns will comply devices shall be installed as required by the Dept. of Public with this condition. Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. O' In order to address and mitigate potential impacts from non- APPhcant, its successors or assigns will comply point source pollutants, the applicant shall participate with with this condition. the County in a pilot storm drainage program for roadways within the Kaloko-Honokohau region. 'This pilot program ma otentiall include other develo menu within the Page No. 4 'Jest Hawaii Business park AnnuaE Report -Toning Ordinance 04-F d0 NovernCrer 28, 200? Condition Descri tion Current Status County and apply to all other government and private developments. The applicant shall participate by constructing all roadways within the proposed industrial- cotnmercial pazk to County dedicable standards with paved swales. The drainage system within the road rights-of--way All roadways within the project site will be shall, if required by the County of Hawaii, include storm designed and constructed [o County standards, drain filtration devices which meet with the approval of the The drainage system within the road right-of--way Department of Public Works, in consultation with the will incorporate filtration devices as specified by National Park Service, and the applicable permitting DPW. requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. P' An Emergency Response Plan shall be submitted to the Applicant, its successors or assigns will comply Civil Defense Agency for review and approval prior to the thts condition. issuance of a Certificate of Occupancy Q' An archaeological Preservation and Burial Treatment Plan Applicant completed the Burial Treatment Plan, shall be submitted for the review and approval of the ("BTP") which was approved by the Big Island Planning Director, in consultation with the Deparhment of Burial Council on October 20, 2005 and SHPD Land and Natural Resources -State Historic Preservation on January 20, 2006. The approved BTP was Division (DLNR-SHPD). Proposed mitigation treatment transnutted to the Planning Department on for the burial sites within the subject properly shall be December 5, 2006. approved by SHPD's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A The Preservation Plan is presently an interim copy of the approved Final Archaeological Preservation document approved by SHPD that is scheduled and Burial Treatment Plan shall be submitted to the for cultural consultation in within the rtext few Planing Director for its files prior to submitting plans for months. Submittal of the Final Preservation Plan Final Plan Approval, Final Subdivision review or prior to to SHPD is anticipated soon thereafrer. A copy of the issuance of any land alteration permit, whichever comes the interim document was submitted to the first. Planning Department on December 2, 2006. R. Should any unidentified sites or retrains such as artifacts, Applicant, its successors or assigns will comply shell, bone or charcoal deposits, human burials, rock or with this condition. The Cultural Preservation coral alignments, pavings or walls be encountered, work in Area incorporated into the BTP includes Burial the immediate area shall cease and the Deparment of Land Site 18116 which will be secured and maintained and Namral Resources -Historic Preservation Division as a reintetrrnent site if needed. (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it is found that sufficient mitigation measures have been taken. S. To ensure that the Goals and Policies of the Housing At its October 30, 2006 meeting, the Hawaii Element of the General Plan are implemented, the applicant County Housing Agency approved the Housing Needs Assessment and the rovision of Page No. 5 Vk'est Hawaii Business Park Annual [2cpoe•t - donin~ E`srdirtance 04-t t6 November 2S, 2007 Condetion Description Carrent Starus shall comply with the requirements of Chapter 1 1, Article I, Affordable Housing Credits by the Applicant in Hawaii County Code, relating to Affordable Housing satisfaction of the condition with the adoption of Policy. Resolution No. 143. T' Should the Council adopt a Unified Impact Fees Ordinance APPhcant, its successors or assigns will comply setting fourth criteria for imposition of exactions or the with this condition. assessment of impact fees, condition included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. U• Comply with all other applicable laws, rules, regulations Applicant, its successors and assigns will comply and requirements of other affected agencies. with this condition. V' An annual progress report shall be submitted to the Applicant, its successors or assigns will comply Planning Dvector prior to the anniversary date of the with this condition. enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval aze being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director acknowledges that further reports are not required. W' An initial extension of time for [he performance of Applicant acknowledges [his condition. conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I The non-perfonnance is the result of conditions that could not have been foreseen or are beyond the control 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. W'3' Granting of the time extension would not be contrary [o the original reasons for the granting of the change of zone. W4• The time extension 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). X' Should any of the conditions not be met or substantially Applicant acknowledges this condition. complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. Page No. 6