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Home My WebLink AboutCOM 0845.000 1996-1998 `o~Mir w ~~b Virginia Goldstein Dir'erlnr Stephen R. Yamashim Miaur Russell Kokubun r- Depun' Ovec ror ?ri o_~H~:y. (g1TUIIfg of ttflx~ttt PLANNING DEPARTMENT C' 25 Aupuni Street, Room 109 • Hilo. Hawaii 967204252 (808) 961-8288 • Fax (808) 961-8742 May 8, 1998 Mr. Robert A. Stuit, Director of Planning Oceanside 1250 74-5620 A. Palani Road Suite 200 Kailua-Kona, Hawaii 96740-1625 Dear Mr. Stuit: Change of Zone Ordinance No. 97-36 Subject: Annual Progress Report (Condition Q) Applicant: Oceanside 1250 Tax Map Kev' 8-1-04: Portion of 3 This is to acknowledge receipt of your letter dated March 5, 1998, submitting your annual progress report for the above-referenced ordinance. Thank you for complying with Condition Q of your ordinance. By copy of this letter we shall forward your report to the Planning Commission and County Council for their information. Please be informed that your next annual report shall be due on or before MARCH 13, 1999. Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis Fujimoto at 961-8288. Sincerely, 'VIRGINIA GOLDSTEIN C Planning Director SG:pak pp f:\wpwin60\susan\lstuit0l.skg c i?e._~A~~ tnf. To: Ref. Dee 14:4Y ~ 8 1998 Mr. Robert A. Stuit, Director of Planning Oceanside 1250 Page 2 May 8, 1998- c w/ltr: Hawaii County Council Planning Commission West Hawaii Office OCEANSIDE >2 ~i0 March 5, 1998 Ms. Virginia H. Goldstein, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Subject: Annual Progress Report Change of Zone Ordinance 97-36 Members' Lodge The Villages at Hokukano Dear Ms. Goldstein: I am pleased to submit the following progress report for the Change of Zone Ordinance 97-36 ("Ordinance") relating to the Lodge ("Project") at The Villages at Hokukano. This report will indicate the status of the Project and compliance with the conditions of approval for the Ordinance, which changed the zoning designation of 14.85 acres from Agriculture (Al-a) to Resort (V-6.0). Litigation 74-5620A Palani Road In July 1997, C.J. Villa filed a lawsuit in Circuit Court against the County challenging Suite 200 the Project approval. Since Mr. Villa's goal in the litigation was to invalidate the zoning ordinance/entitlements obtained by Oceanside 1250 for the Project, we Kailua-Kona, Ihnvaii persuaded Mr. Villa to voluntarily permit Oceanside to intervene in the litigation. Of the two counts in the suit, one count was dismissed with prejudice by stipulation 96740-162.5 among all of the parties. The remaining count was heard by the Circuit Court and judgement was granted in favor of both the County defendants and Oceanside. The Tel. S08-326-2966 Court entered this final judgement on the entire litigation on February 9, 1998. Fax: 808-326-7713 Archaeology Oceanside has requested and received proposals from professional archaeological consultants to prepare the required archaeological mitigation and interpretation plans including a data recovery plan, an interim protection/preservation plan and a long- term preservation and interpretation plan in consultation with DLNR and Hawaiian community organizations. As required by these conditions in the Ordinance, approved mitigation measures will be implemented prior to or in conjunction with any land alteration within the subject area. Ms. Virginia Goldstein March 5, 1998 Page Two This activity will allow us to fulfill our obligations under Condition H of the Ordinance. Mamalahoa Highway Bypass The Mamalahoa Highway Bypass is designed to address existing traffic conditions in the area and to provide an alternative route for interregional traffic between North and South Kona in support of the County's long range traffic plan. Oceanside 1250 has refined the Bypass route based on discussions with the various landowners, and currently we are in the process of completing a Draft Environmental Impact Statement (DEIS) for the roadway. The DEIS will be submitted to the County of Hawaii Department of Public Works, who will be the accepting agency for the DEIS as well as the Final Environmental Impact Statement. The Department of Public Works is also the responsible agency for determining the final alignment, roadway standards and construction specifications for the Bypass. We have not been able to obtain a "right-of-entry" approval from the "Kona Trust" property (TMK 7-9-05:09), and until it is obtained, the DEIS cannot be completed. Oceanside has also initiated discussions with each of the landowners along the route regarding acquisition of right-of-way sufficient to build the road, and in the instance of several landowners, we have finalized options to purchase these portions of the right-of-way. Progress on the Bypass will allow us to fulfill Condition K in the Ordinance. Development Agreement Oceanside 1250 has submitted to the County a development agreement between Hawaii County and Oceanside 1250 to identify the obligations of Oceanside, to provide assurance that these obligations are met in a timely manner, to provide assurances to Oceanside that it may complete full development of The Villages at Hokukano, including the Project, to allow Oceanside and the County to enter a reimbursement agreement for costs associated with the Bypass, and to reduce or eliminate uncertainty in the responsibilities of Oceanside and the County. The scope and purpose of the development agreement is consistent with Ordinance 93-37, the Development Agreement Code, and Rule 1 which implements procedures for the Ms. Virginia Goldstein March 5, 1998 Page Three application, preparation and administration of development agreements as provided by Ordinance 93-37. Currently, the development agreement is awaiting a public hearing and action by County Council pursuant to Ordinance 93-37. This progress or. the development agreement will, in part, allow us to fulfill the terms of Condition L in Ordinance 97-36. Old Government Road (OGR) Oceanside notified Na Ala Hele that it is willing to include preparation of the mitigation and management plan for the OGR as a component of the archaeological mitigation and management plan for The Villages at Hokukano. Oceanside 1250, in development of The Villages at Hokukano, must prepare and have approved an archaeological mitigation and interpretation plan. The old government road is a State of Hawaii historical site and has been designated as a "foot-trail" and a "program trail" of the Na Ala Hele Program. Any plans for development prior to restoration and public use would require approval by the requisite State and County authorities. Officials with the Division of Forestry and Wildlife and the Historic Preservation Division have also indicated that a proper mitigation and management plan should be completed prior to opening the trail. Therefore, it seems that the proper method by which to prepare, process and to gain the necessary approvals for restoration and rase of the OGR would be to include a plan for the OGR within the Hokukano archaeological mitigation plan. Oceanside will proceed with the mitigation plan and include the OGR as a component of that plan. Lastly, as an update on the legal appeal involving the OGR, although the parties have formally agreed to the specific alignment of the trail and the State owns this 10-foot wide corridor in fee simple, Mr. Villa and Ms. Pisicchio have refused to dismiss that issue from the appeal in spite of their agreement with the State and Oceanside that the exact location has been determined. We believe their contention is that the State does not have the right or authority to open or close the OGR. We do not share their opinion, but in any event that is an issue between the State and Villa/Pisicchio. Ms. Virginia Goldstein March 5, 1998 Page Four Annual Progress Report This report is meant to fulfill our obligation to prepare an annual progress report as stated in Condition Q of the Ordinance. Other Items There are no other items to report that effect the status of the Project as it relates to the conditions of the Ordinance. Oceanside 1250 intends to meet all of the terms and comply with all of the conditions that are specified within the Ordinance. Oceanside will also comply with all applicable laws, rules regulations and requirements in development of the Project. I trust the above provides a useful description of the status of development and compliance with the conditions of approval for the Ordinance. Should you have any questions regarding this report, or if you require further information regarding the Project, please contact either myself or Dick Frye, at 326-2966. Sincerely, OCEANSIDE 1250 C Robert A. Stuit Director of Planning cc: L. Anderson B. Kudo J. Leonard Y. Takeda B. Tsukazaki