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HomeMy WebLinkAboutCOM 0827.003 1996-1998 4ooNi"rps h~~'' Virginia Goldstein Stephen K. Yamashiro ~),6C~. D~renor Russell Kokubun - Depun' Dvcrv,r ,,fi~tt'~ F O{ NP, U.11unfv of pain ll September 24, 1998 PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961-8288 • Fox (808) 961-8742 Mr. Alan Suwa Haseko (Hawaii), Inc. 820 Mililani Street, Suite 820 Honolulu, HI 96813 Dear Mr. Suwa: Change of Zone Ordinance No. 98 66 Amending Ordinance No. 91 22 (REZ 682) Applicant: Haseko (Hawaii), Inc. Subject: Annual Progress Report TMK: 7-3-10- Pnr_ 27 This is to acknowledge receipt of your annual progress report in compliance with Condition Q of Ordinance No. 91 22 and amended by Condition P of Ordinance No. 98 66. Thank you for complying with the annual report requirement. By copy of this letter, we are forwarding your report to the County Council and Planning Commission for their information. As a reminder, your next annual progress report will be due on or before September 9, 1999. Should you have any questions regarding this matter, please call Phyllis Fujimoto or Susan Gagorik of this office at 961-8288. Sincerely, z ~ JvVIRGINIA GOLDSTEIN Planning Director PF:jkg f: \wpwin60\phyllis\Ihasek01. pkf xc w/ltr:-16ounty Council Planning Commission West Hawaii Office v~ P1 f,_ 03 ,ter. 1996 7- I>~u SEP HASEKO (Hawaii), Inc. B20 Milken SireO Suite B20 . Honolulu, N 96813. %9) 536-3771, (808) 538-7654 fox c; September 8, 1998 Ms. Virginia Goldstein Planning Director County of Hawaii r~ 25 Aupuni Street Hilo, HI 96720 Re: Chanee of Zone Ordinance 91-22 (as Amended by Ordinance 9'-66) Haseko (Hawaii), Inc. Dear Ms. Goldstein: By this letter, I am providing you with an annual progress report regarding the status of the above-referenced change of zone, as required previously by Condition No. (Q)) of Ordinance No. 91-22 and amended by Condition No.( P) of Ordinance No.98-66 . In addition to this report you were provided with a copy of Haseko's annual report to the State Land Use Commission ("LUC") on this project, dated, March 19, 1998, under LUC Docket No. A89-645. 1. STATUS OF THE PROJECT As indicated in the annual report submitted to the Land Use Commission, Haseko filed a subdivision application with the County of Hawaii to subdivide a 12+ acre portion of the 125 acre property into five 2 + acre lots. The intent was to adjust to lower market prices and absorption rates for residential units by phasing construction into smaller increments and reducing densities to attract buyers. Although tentative subdivision approval was received on March 13, 1997, the project has been on hold pending Iaseko's efforts to revise the original zoning conditions for the entire property. Changes in market conditions over the years and the need to comply with a number of zoning conditions have caused Haseko to seek extensions of its development schedule. On January 5, 1998, Haseko withdrew its request for time extension before the County Council in order to resubmit an entire new package of amendments to the original zoning ordinance. Since the rezoning for the project occurred back in 1991, the County has since articulated new policies effecting development issues such as no "ohana" covenants, incremental development, infrastructure requirements, affordable housing policies and the like through subsequent rezoning actions for other projects. Haseko felt that rather than continuing to pursue only the necessary time extensions, it would be more prudent to resubmit 08513 Ms.Virginia Goldstein September 8, 1998 Page 2 for more comprehensive changes which address the prevailing development and zoning practices. On January 5, 1998 Haseko submitted an application to the County Planning Director to amend the original Change of Zone Ordinance No. 91-22. On July 2, 1998, the County Council voted to approve Ordinance No. 98-66 which included a number of amendments relating to the preparation of a new master plan, revised development schedule, affordable housing, and other infrastructural requirements. Details of the approved changes are presented herein. H. PROGRESS IN COMPLYING WITH CONDITIONS OF ORDINANCE NO. 91-92 (AS AMENDED BY ORDINANCE NO. 98-66) The following information is provided where changes in status have occurred since Haseko's last annual report using the revised language of Ordinance 98-66. Condition (A) The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. There has been no change in the status of this condition. Condition (B) The applicant shall consummate a water agreement to provide water for the remaining units with the Department of Water Supply within ninety days from the date of approval of the change of zone. The zoning of the property shall not be in effect until the agreement is consummated. Haseko consummated a water agreement with the County Department of Water Supply ("DWS") to provide water for the remaining units of the development on September 9, 1992. Since then , Haseko has located an off-site ground water source and has drilled and tested a water well to be dedicated to the County. Only construction of pump and reservoir facilities remain to bring the water on line. The developer has begun negotiations with the County DWS to revise the water agreement in efforts to expedite the completion of the well and provide enough water to make development more viable under current economic conditions. A draft agreement was submitted to the DWS for review on August 13, 1998. Condition (C) The Single Family Residential zoned areas shall be subdivided in two increments. The first increment shall consist of a maximum of seventy- seven (77) residential lots based upon the units of water available and committed to the applicant by the Department of Water Supply. Subdivision plans for the second increment shall be submitted only after the Department of Water Supply grants to the applicant the necessary water commitments Ms.Virginia Goldstein September 8, 1998 Page 3 for each of the proposed lots of the second increment. No variance from the minimum water requirements for any portion of the subject property shall be granted. In efforts to adapt to changing market conditions, Haseko is refocusing its development plans to consider smaller increments and reduced densities. With this objective in mind, Haseko had received tentative subdivision approval for 5 large lots covering about 12.5 acres. Work on obtaining Final Subdivision approval has not begun, pending the development of a revised master plan as required by the recent adoption of new amendments to Condition (D) cited below. Condition (D) In conjunction with the submittal of plans for subdivision review or plan approval review, a master plan of the subject property shall be filed with the Planning Director. 'Me master plan is intended to provide comprehensive design principles and guidelines for the development of the commercial and residential areas in a manner consistent with infrastrrrctural requirements and the surrounding area Final Subdivision Approval or Final Plan Approval for any portion of the subject property shall be secured within rive years from the effective date of this amendment. This original condition was revised to allow for a comprehensive rather than piecemeal review of the entire property before the processing of any further subdivision plans within the site. The master plan will be prepared and submitted when Haseko proceeds with development subject to improved real estate market conditions. Condition (E) Construction of the proposed development within the Neighborhood Commercial zoned area and Multiple Family Residential area of the subject property shall be completed within five years from the date of receipt of Final Plan Approval for any portion of the subject property. This condition was revised to reflect the new development schedule. Condition (F) A drainage system shall be constructed meeting with the requirements of the Department of Public Works in conjunction with final subdivision approval or Final Plan Approval for any portion of the subject Property. The original condition was amended to clarify when the drainage system is to be constructed. Ms.Virginia Goldstein September 8, 1998 Page 4 Condition (G) The main access road and interior subdivision roads to be dedicated to the County shall meet with the approval of the Department of Public Works. Further, as may be required by the Department of Public Works, the existing north-south roads of the Kona Palisades Subdivision shall be extended through the proposed development Additionally, prior to occupancy permits for any multi-family development the subdivision road shall connect to Kaiminani Drive below the community center. Pending the completion of said subdivision road, if deemed appropriate by the Department of Public Works, a construction road to accommodate construction traffic associated with on-site infrestructural worts shall be constructed from the makai end of the subject property to the actual area of development There were minor clarifications to the original condition. It allows more flexibility to the developer in the type of roadway improvements to be constructed that can meet the current Subdivision Code and what roads are to be dedicated to the County. Condition (H) A Solid Waste Management Plan for the subject property shall be submitted for review and approval to the Department of Public Works in conjunction with the submittal of subdivision plans or plan approval to the Planning Director. This is a new condition not included in the original ordinance. Condition (1) An archaeological data recovery and mitigation interpretation plan shall be submitted for review and approval by the Planning Department, in consultation with the State Department of Land and Natural Resources, Historic Preservation Division (DLNR-HPD), prior to submitting preliminary subdivision plans or any portion of the subject property; or prior to any land alteration activity, whichever occurs first Condition (,n Should any unidentified sites or remains such as artifacts, shell , bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. Changes were made to the two original conditions (K &L) to make reference to the appropriate agency more current. There has been no progress on implementing the archeological mitigation plan for the initial twelve acres for the proposed for subdivision, dated December 13, 1996, and approved by DLNR-HPD on March 17, Ms.Virginia Goldstein September 8, 1998 Page 5 1997. Interim construction protection measures such as defining buffers for identified sites to be preserved will resume when Haseko proceeds with final subdivision. Condition (K) Restrictive covenants in the deeds of all the proposed residential lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document. shall be ruled with the Planning Department upon its receipt from the Bureau of Conveyances. This is a new condition which reflects the County's policy to prohibit ohana or second dwellings on residential lots. Condition (L) 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. The revised condition is now consistent with updated County policies governing affordable housing requirements. The prior condition complied with the Hawaii County Housing Agency's Resolution No. 65 adopted in 1990 which essentially had the "60%" affordable housing emphasis similar to that of the State Land Use Commission's conditions of approval for the same project. As a result of changed housing market conditions, the County Council adopted Ordinance No. 98-1, effective January 7, 1998 which essentially reduced the number of units required for the project down to 10% and provides more flexibility in location and methods of satisfying the requirement. On May 3, 1998, Haseko submitted a request to the State Land Use Commission to modify Condition No. 2 of its Decision and Order, dated February 6, 1990, relating to affordable housing. The modification essentially called for deferral of all affordable housing requirements to the County. The Commission voted to approve the change on August 27, 1998 with the condition that the State be consulted on any affordable housing plan reviewed by the County for the project. The exact wording of the changes will be sent to you when the Commission officially notifies us of their action. Condition (W A minimum area of four acres to be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until Ms.Virginia Goldstein September 8, 1998 Page 6 such time that the applicant intends to dedicate it to and with the acceptance of the County. The location and configuration shall be determined at the time of submittal of the master plan. described in Condition (D) herein. Minimum improvements shall be provided for the park area prior to issuance of occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and/or prior to the dedication to the County, whichever occurs first. The minimum improvement shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department of Parks and Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity; and (2) empower the County, through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed. The original condition was amended to clarify when the park must be set aside and available. Condition (N) Comply with all other applicable laws, rules, regulations and requirements, including those of the State Land Use Commission. There has been no change in the status of 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 may, at the developers' election, be satisfied by the performance in accordance with the requirements of the Unified Impact Fees Ordinance. There has been no change in the status of this condition. a Ms.Virginia Goldstein September 8, 1998 Page 7 Condition (P) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been completed and the Planning Director acknowledges that further reports are not required. The subject report is being submitted to satisfy this condition. Also, copies of this report has been sent to the State Office of Planning and the State Land Use Commission. Condition (Q) 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 is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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 applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. The applicant's request for additional time extension for the performance of conditions beyond the time extension already granted by the Planning Director, as allowed by thiis condition, was withdrawn on January 5, 1998. However, a request was made simultaneously by Haseko to the County Council to consider an entirely new package of amendments to the original ordinance some of which affected the development schedule and performance standards. These modifications to the development timetable were approved and are contained in amended Conditions (D) and (E). Condition (R) 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. There was no change in status. Ms.Virginia Goldstein September 8, 1998 Page 8 If you have any questions about the subject report, please fell free to contact me at 536- 3771 x267 on Oahu. Very truly yours, Alan Suwa Project Manager cc : State Land Use Commission State Office of Planning