HomeMy WebLinkAboutCOM 0967.000 2006-2008
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Harry Kim Christopher J. Yuen
Mayor Director
N;:i~~ Brad Kurokawa, ASLA
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Tountig of Paivr ttt Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Haw" 96720-4224
(808) 961-8288 • FAX (808) 961-8742 ro
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January 18, 2008 M
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Ms. Michelle Orian, Manager
Queen Liliuokalani Trust ty
Alakea Corporate Tower _ -L
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1100 Alakea Street, Suite 1100
Honolulu, HI 96813
Dear Ms. Orian:
Change of Zone Ordinance No. 01-06 (REZ 955)
Applicant: Queen Liliuokalani Trust
Subject: Annual Progress Report
Tax May Key: (3) 74-008:portion of 001
This is to acknowledge receipt of your annual progress report dated January 15, 2008 as required
under Condition AA of Change of Zone Ordinance No. 01-06. By copy of this letter we will
forward your report to the County Council and Planning Commission for their reference. Thank
you for complying with the annual report requirement.
We look forward to the submittal of your next annual progress report on or before January 25,
2009. Please feel free to contact Jeff Darrow at 961-8288 ext. 259 should you have any
questions.
Sincerely,
,
~
L CHRI OPHER J. YUEN
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Planning Director
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Planning Commission Ccrnro. No.
Planning Department - West Hawaii Office Ref. To-
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Hawai'i County is an Equal Opportunity Provider and Employer.
QUEEN LILI`UOKALANI TRUST
Alakea Corporate Tower
1100 Alakea Street, Suite 1100
Honolulu, Hawaii 96813
Telephone: (808) 203-6150 Facsimiles (808) 203-6154
January 15, 2008
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, HI 96720
Annual Progress Report
Ordinance Number 01-6
Liliuokalani Trust
TMK 7-4-008: Por. 001
Keahuolu. North Kona, Island of Hawaii
in accordance with Condition AA of Hawaii County Ordinance Number 01-6,
please find this Annual Progress Report. The Report addresses the status of the
development and compliance with the conditions of approval.
Condition (A). The applicant, successors or assigns, shall be responsible for complying
with all of the stated conditions of approval.
Acknowledged.
Condition (B). The applicant shall participate, on a fair share basis, in the funding and
construction ofadequate water source, storage, and transmission facilities and
improvements to accommodate the proposed project as determined by the County of
Hawaii Department of Water Supply. Compliance with Condition B shall be satisfied
prior to the applicant's submittal of the required water commitment payment in
Condition C.
The Trust has completed portions of these requirements and the Trust or its future
developer will comply with the balance of this condition.
Condition (C). The required water commitment payment shall be submitted to the
Department of Water Supply in accordance with its "Water Commitment Guidelines
Policy. "
037331
Created by her Late Majesty Queen Lih'uokalani A~e
Mr. Christopher Yuen
January 15, 2008
Page 2
The Trust or its future developer will comply with this condition.
Condition (D). Final Subdivision Approval for the residential-commercial mixed use
subdivision development shall be secured within ten (10) years from the effective date of
this ordinance.
The Trust received final subdivision approval (No. SUB-06-000419) to subdivide
Lot 2-13 into two lots on August 23, 2007. The Trust reported last year that it was
nearing an agreement with a developer to acquire one of the two lots. However,
an agreement was not completed and the Trust continues to seek potential
development interest for the project area. The Trust or its future developer will
continue to comply with this condition.
Condition (E). The applicant shall participate, on a fair share basis, in the funding and
construction of local and regional transportation improvements and programs, including
dedication of right-of-way as determined by the State Department of Transportation and
the County Department of Public Works prior to issuance of Final Subdivision Approval.
The Trust or its future developer will comply with this condition.
Condition (1). Based on a Traffic Impact Analysis Report (TZAR) conducted within one
(1) year of Final Subdivision Approval, the applicant shall provide all roadway
improvements required by the State Department of Transportation and the County
Department of Public Works prior to the issuance of certificate of occupancy.
The Trust or its future developer will comply with this condition.
Condition (G). Future road widening setbacks shall be provided fronting the entire
property along Palani Road equal to half the difference between the existing right-of-way
and the proposed 80 foot right-of-way. The setback line shall be delineated on the
subdivision plans. Improvements within the future road widening setback area shall meet
with the approval of the Department of Public Works, and said area including any
required improvements shall be dedicated to the County of Hawaii upon its request at no
cost to the County.
The Trust or its future developer will comply with this condition.
Condition (H). Access(es) and intersection roadway improvements to the subject
propertyfrom Palani Road shall be constructed meeting with the requirements and
approval of the Department of Public Works.
Acknowledged.
Mr. Christopher Yuen
January 15, 2008
Page 3
Condition (I). Provide a left-turn lane on westbound Palani Road at all three proposed
project entrances with a left-turn refuge lane for the commercial driveway and for one of
the residential driveways exiting the project.
Acknowledged.
Condition (J). Provide a right-turnldeceleration lane along Palani Road at all three
proposed project entrances and a right-turn lane on eastbound approach of Palani Road
at its intersection with Henry Street.
Acknowledged.
Condition (R). All roadways within the proposed residential-commercial mixed use
development shall be constructed meeting with the requirements of Chapter 23,
Subdivision Code. Roadway improvements to be dedicated to the County within the
proposed subdivision shall include curb, gutter and sidewalks.
Acknowledged.
Condition (L). Install street lights, signs and markings meeting with the approval of the
Department of Public Works, Traffic Division.
Acknowledged.
Condition (M). The applicant shall fund, on a fair share basis, the design and
construction of drainage improvements required as a result of the development and
meeting with the approval of the County Department of Public Works. A drainage study
of the subject property, if required, shall be prepared for review and approval by the
Department of Public Works, prior to submittal of plans for subdivision review.
Drainage improvements, if required, shall be constructed or bonded meeting with the
approval of the Department of Public Works prior to the issuance of Final Subdivision _
Approval.
The Trust or its future developer will comply with this condition.
Condition (Ag. The applicant shall submit a Solid Waste Management Plan for the
Development to the Department of Public Works for its review and approval. A copy of
the approved Plan shall be submitted to the Planning Department prior to the issuance of
Final Plan Approval.
The Trust or its future developer will comply with this condition.
Condition (O). The applicant shall submit an Archaeological Data Recovery Plan for
the five significant historic sites on the subject property to the State Department of Land
and Natural Resources-State Historic Preservation Division (DLNR-SHPD) for its
Mr. Christopher Yuen
January 15, 2008
Page 4
review and approval. The applicant shall submit a copy of the approved Final
Archaeological Data Recovery Plan, as well as written verification from DLNR-SHPD
that the plan has been successfully executed, to the Planning Director for the
Department's files prior to submitting plans for Final Subdivision Approval and/or prior
to any approval for any land alteration permits.
The Trust or its future developer will comply with this condition. The latest
approved subdivision application (No. SUB-06-000419) is for future conveyance
purposes only.
Condition (P). Should any previously unidentified burials, archaeological or historic
sites such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms,
pavings or walls be found, the applicant shall stop work in the immediate vicinity and the
Department of Land and Natural Resources-State Historic Preservation Division (DLNR-
SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance f •om the DLNR-SHPD when it finds that mitigative measures
have been implemented to its satisfaction.
The Trust or its future developer will comply with this condition.
Condition (0. 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 related to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to Final Subdivision
Approval or the issuance of building permits, whichever is applicable.
Acknowledged.
Condition (R). The applicant shall contribute to the development, funding and/or
construction of school facilities, on a fair share basis, as determined by and to the
satisfaction of the Department of Education (DOE). A fully executed written agreement _
setting forth the contribution and timing of contributions shall be agreed upon by the
applicant and the DOE prior to Final Subdivision Approval or the issuance of building
permits, whichever is applicable.
Acknowledged.
Condition (S). The applicant shall participate in the funding and construction of
adequate wastewater transmission and disposal facilities, on a fair share basis, as
determined by the County of Hawaii Department of Public Works and the State
Department of Health prior to Final Subdivision Approval or the issuance of building
permits, whichever is applicable.
Acknowledged.
Mr. Christopher Yuen
January 15, 2008
Page 5
Condition (T). The applicant shall, on a fair share basis, fund and construct adequate
civil defense measures as determined by the County and State Civil Defense agencies
prior to Final Subdivision Approval or the issuance of building permits, whichever is
applicable.
Acknowledged.
Condition (U). The applicant shall make its fair share contribution to mitigate potential
regional impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share contribution shall
be the sum which is the product of multiplying the number of residential lots proposed to
be subdivided by the amounts allocated hereinbelow for each such lot, and shall become
due and payable prior to final subdivision approval for any portion of the subject
property or its increments. If the subject property is subdivided in two or more
increments, the amount of the fair share contribution due and payable prior to f nal
subdivision approval of each increment shall be a sum calculated in the same manner
according to the number ofproposed residential lots in each such increment. The fair
share contribution, in a form of cash, land, facilities or any combination thereof,
acceptable to the director in consultation with the affected agencies, shall be determined
by the County Council. The fair share contribution shall have a maximum combined
value of $7,876 20 per single-family residential unit. Based upon the applicant's
representation of intent to develop up to two hundred fifty (250) residential units, the
indicated total of fair share contribution is $1, 969, 050 for single-family residential units.
However, the total amount shall be increased or reduced in proportion with the actual
number of units according to the calculation and payment provisions set forth in this
Condition U. The fair share contribution shall be allocated as follows:
1. $3, 798.04 per single family residential unit for an indicated total of
$949,510.00 to the County to support park and recreational improvements
and facilities;
2. $183.22 per single-family residential unit for an indicated total of
$45,805.00 to the County to supportpolice facilities;
3. $361.88 per single-family residential unit for an indicated total of
$90,4 70. 00 to the County to support fire facilities;
4. $158.43 per single-family residential unit for an indicated total of
$39,607.50 to the County to support solid waste facilities; and
5. $3,3 74.63 per single-family residential unit for an indicated total of
$843,65 7.50 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually beginning three
years after the effective date of the change of zone, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). In lieu ofpaying the fair share contribution,
the applicant may construct and contribute improvements/facilities related to parks and
recreation, fire, police, solid waste disposal facilities, and roads within the region
Mr. Christopher Yuen
January 15, 2008
Page 6
impacted by the proposed development, subject to the approval of the director. The cost
of providing and constructing the improvements required on Conditions E, F, G, H, I, J,
K and L shall be credited against the sum specified in Condition U (5) for road and
traffic improvements. For purposes of administering Condition U, the fair market value
of land contributed or the cost of any improvements required or made in lieu of their fair
share contribution shall be subject to review and approval of the director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the director, the
director shall submit a final report to the Council for its information that identifies the
specific approved fair share and/or in lieu contributions, as allocated, and further
implementation requirements.
The Trust or its future developer will comply with this condition.
Condition (f). Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for the imposition of exactions or the assessments of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
Acknowledged.
Condition M. In lieu of actual construction of infrastructure improvements as
conditioned above, the applicant may enter into an agreement with the Planning Director
and the Department of Public Works and the Department of Water Supply, if applicable,
to assure the County that the infrastructure improvements will be constructed together
with the appropriate bond, surety or other security deemed acceptable to the Planning
Director and the Corporation Counsel. Upon execution of such agreement and/or filing
of the security with the County, if applicable, Final Subdivision Approval for the subject
property or portions thereof may be granted prior to the actual construction of required
infrastructure improvements unless otherwise restricted herein. A certificate of
occupancy shall not be issued until the infrastructure improvements have been
constructed.
Acknowledged.
Condition (X). The applicant shall notify all prospective buyers of the property of the
potential odor, noise and dust pollution associated with surrounding Agricultural District
lands.
Acknowledged.
Mr. Christopher Yuen
January 15, 2008
Page 7
Condition (Y). Applicant shall notify all prospective buyers of the property that the
Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limit the
circumstances under which pre-existing farm activities may be deemed a nuisance.
Acknowledged.
Condition (Z). Comply with all applicable laws, rules, regulations and requirements of
other affected agencies for approval of the proposed development within the subject
property.
Acknowledged.
Condition (AA). An annual progress report shall be submitted to the Planning Director
prior to the anniversary date of the approval of the ordinance. The report shall include,
but not 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 with and the Planning Director acknowledges
that further reports are not required.
Acknowledged. The next annual report will be due January 25, 2009.
Condition (BB). An initial 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 is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting 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).
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.
Acknowledged. No extension is necessary at this time.
Condition (CC). Should any of the conditions not be met or substantially complied with
in a timely fashion, the Director may initiate rezoning of the subject area to its original
or more appropriate designation.
Acknowledged.
Mr. Christopher Yuen
January 15, 2008
Page 8
If you have any questions or comments, please do not hesitate to contact either
LeeAnn Crabbe or myself at (808) 203-6150.
Sincerely yours,
Michelle Orian
Manager