HomeMy WebLinkAboutCOM 0190.000 2008-2010
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William P. Kenoi oo,.•~` BJ Leithead "Todd .
No b Planning Director
Sri oi•Mkb'
County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street- Suite 3 • Hilo, Hawaii 96720
Phone(808)961-8288 Pax (808)961-8742'-,
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March 2, 2009
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William L. Moore ^ ca L'
Kohala Ranch u
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59-916 Kohala Ranch Road
Kamuela, HI 96743
Dear Mr. Moore:
Change of Zone Ordinance No. 92-40 (REZ 710)
Applicant: Kohala Ranch, LLC
Subject: 2009 Annual Progress Report
Tax Map Key: 5-9-01: Portion of 10; 5-9-09: Potion of 54;
5-9-10: 31-55, 57, 58, 60 and Portion of 56: and 5-9-11:1
I
This is to acknowledge receipt of your detailed annual progress report on behalf of
Kohala Ranch, LLC dated February 11, 2009, which describes the Petitioner's activities
itvcompliance with various conditions contained in Ordill'ance No. 92-40 that became
effective on January 24, 2002. We appreciate the thoroughness of the report. The report
will be forwarded to the County Council and the Planning Commission for their
reference. The next annual progress report is due on or before January 24, 2010.
If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 267.
Sincerely,
~
BJ LEITHEAD TODD
Planning Director
JWD:smn
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xc w/report: ?Hawaii County Council
Planning Commission 1 /10
Planning Dept. - Kona Comm. No. 99~
Ref. To:
"f. Date MAR 10 2003
Hawaii County is an Equal Opportunity Provider and Employer
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KO bd L CA if
February 11, 2009
Bobby Jean Leithead-Todd, Acting Deputy Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Leithead-Todd:
Subject: Change of Zone Ordinance No. 92-40 (REZ 710)
Kohala Ranch, LLC
Kahua I", Waika, North Kohala, Hawaii Island.
We submit herein the Annual Progress Report on behalf of Kohala Ranch, LLC which describes
Petitioner's activities in compliance with various conditions which are contained in Ordinance
No. 92-40, which become effective on January 24, 2002. The attached matrix sets forth the
conditions and the status of compliance with them.
Activities since our last report include approval of the construction plans for the for the Akoni-
Pule Highway/Kohala Ranch Road intersection improvements by the State Department of
Transportation. These improvements were identified in the Traffic Impact Analysis prepared in
compliance with Condition I Construction of these improvements was completed in March
2008. In addition, on November 6, 2008, the Planning Department granted Tentative Approval
for the Kohala Ranch Project IV-Heathers III subdivision.
Please call at (808) 987-7336 me if you have any questions on this matter.
Sincerely,
William L. Moore, Vice President.
Cc: Kohala Ranch, LLC
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Kohala Ranch - Project IV
Change of Zone Ordinance No. 92-40 Status Report
January 24, 2009
No. Condition Status/Comments
9 $A Requires that applicant, successors or assigns shall be responsible for Kohala Ranch acknowledges this
com I in with all of the stated conditions of approval. requirement.
Establishes effective date of the rezoning upon assurance to the Complied
Departments of Water Supply (DWS) and Planning that a water
source(s) of sufficient quality and quantity has (have) been According to the Planning Department,
established; and the effective date of the rezoning has been
established as January 24, 2002.
An agreement, together with the appropriate bond, surety or other
security deemed acceptable by the Planning Director, is executed
between the applicant and the County through its DWS and Planning
Department for the actual development of a proven source(s) and its
water transmission and distributions stem.
C Provides that the project shall be developed in two increments. The Kohala Ranch acknowledges this
first increment shall consist of a maximum of 808 residential units/lots requirement
and the commercial zoned areas.
The second increment shall consist of the remaining 682 residential
unitsilots. Subdivision plans may be submitted for the second
increment only after development has occurred in the first increment
as determined b the Planning Director.
D Requires submittal of subdivision plans for the first zoned increment Complied
or portions thereof within one year of effective date of rezoning .
(January 24, 2003). Subdivision Plans submitted 1/13/03
Receipt Acknowledged 1/23/03
Further requires that tentative subdivision approval shall be secured Tentative Subdivision Approval 6/6/03
within one year thereafter and Final Subdivision Approval (FSA) Final Subdivision Approval 3/11/05
within two ears from the date of submitting final subdivision plans.
E Requires construction of wastewater treatment plant meeting with the Kohala Ranch will comply with this
approval of DOH. requirement.
F A drainage system meeting with the approval of DPW shall be ti Kohala Ranch will comply with this
installed, requirement. Drainage plans have been
approved by DPW as a condition of
granting grading permits for the golf
course and the Heathers II subdivision.
O Provides that a 100-foot wide landscaping buffer shall be provided Complied
along the mauka and makai boundaries of the project site.
H Requires that full channelization improvements at the Kohala Complied
Mountain Road-Kohala-Ranch Road intersection be constructed
within eighteen months of the effective date of the rezoning (July 24, Willocks completed construction of
2003. On April 14, 2003, the Planning Department granted a time improvements on I/11105
extension until January 24, 2005 to comply with this condition.)
I Requires that a traffic monitoring program of the Akom Pule Highway Traffic Monitoring Plan submitted to
and Kohala Ranch Road intersection shall be coordinated by the DOT on 1/21/05.
applicant with DOT-Highways Division. Required improvements, as
determined by the findings of the monitoring program and approved Construction plans for the improvements
by DOT-Highways Division, shall be installed in a manner meeting identified in the Monitoring plan were
with the approval of DOT-Highways Division. approved by DOT in January 2008 and
com leted in March 2008.
J Provides that the applicant may be required to participate in the Kohala Ranch acknowledges this
construction of any regional roadway improvements pursuant to an requirement.
adopted plan. Further, any costs bome by the applicant shall be
credited and limited to the amount of its fair share contribution for
regional road and traffic impacts, as required in Condition R.
Kohala Ranch - Project IV
Change of Zone Ordinance No. 92-40 Status Report
January 23, 2008
No. Condition Status/Comments
K Requires that applicant provide a minimum of 5 acres for park use, Complied. Planning Department
including grading and grassing, in conjunction with FSA of any approved the park plan on February 20,
residential subdivision. 2004.
L Requires establishment of a 14-acre nature park shall in conjunction Kohala Ranch will comply with this
with FSA of the affected subdivision in the second zoned increment. requirement.
M Requires that the applicant shall construct a park, not to exceed five Complied.
acres in area, on land provided or caused to be provided by the County
or State., the cost of which shall not exceed $700,000, within 18 Final Payment of the $700,000 in-lieu
months of rezoning (July 24, 2003. On June 3, 2003, the Planning amount was provided on 1/21/05.
Department granted a time extension until January 24, 2005 to comply
with this condition.
The County may require other recreational facilities at equivalent cost
to be constructed if it is determined that community needs would be
better served. In lieu of construction of the facility, the Planning
Department in consultation with the Department of Parks and
Recreation, may require the applicant to provide a contribution to the
County in the amount of $700,000 for regional recreation needs.
N Requires that a historic preservation mitigation plan shall be prepared Complied.
and submitted for approval by the Planning Department, in
consultation with DLNR, prior to submitting plans for preliminary Planning determined that Condition N has
subdivision or Plan Approval PA review. been complied with on 4/13/04.
O Requires that should any unidentified sites or remains such as Kohala Ranch will comply with this
artifacts, shell, bone, or charcoal deposits, human burials, rock or coral requirement.
alignments, pavings or walkways be encountered, work in the
immediate area shall cease until archaeological clearance is received
from the Planning Department when it finds that sufficient mitigative
measures have been taken.
P Requires that a housing plan for the development, which shall be Complied
consistent with the housing policy of the Hawaii County Housing
Agency (CHA) be approved by the County Housing Agency prior to OHCD acknowledge receipt of in-lieu
FSA of an portion of the residential zoned area. payments for 1,190 units on 1/26/05.
Q Requires restrictive covenants in the deeds of all the residential lots Kohala Ranch will comply with this
prohibiting the construction of ohana dwellings units. requirement. CC&R's adopted for
i Heathers II.
R Requires the payment of a fair share contribution to address potential Complied for Heathers II.
regional impacts of the project with respect to fire, police and solid
waste disposal facilities and roads. The pro rata portion of the Fair share payments were made on 3/7/05.
contribution shall be paid by the applicant upon conveyance of an
ownership, leasehold, or controlling development interest of any
residential lot or unit or, in the case of commercial development, upon
conveyance of an ownership, leasehold, or controlling development
interest of any commercial lot or on or before the issuance of a,
building permit for an commercial structure, whichever occurs first.
S Requires the establishment of a solid waste processing facility within Complied.
the project area to satisfy the solid waste disposal needs of the project. Solid Waste Division of the DEM
The processing facility shall be open and operational prior to the approved the Solid Waste Management
occupancy of the first residential unit within the project area and shall Plan on 2/10/04.
be operated and maintained privately.
T Requires the provision of its pro-rata share for school facilities as Complied
determined by the Planning Director, in consultation with the Kohala Ranch and DOE agreed on fair
Department of Education, in conjunction with FSA of any residential share payments for Project IV. Kohala
subdivision or PA for any area of development. Ranch has constructed a building with two
classrooms at Halaula School in
compliance with this agreement..
Kohala Ranch - Project IV
Change of Zone Ordinance No. 92-40 Status Report
January 23, 2008
No. I Condition Status/Comments
U Requires disclosure to all potential buyers of lots or units within the Kohala Ranch will comply with this
proposed project that internal infrastructure and community facilities requirement. CC&R's submitted to
shall be developed and maintained privately and that the County is not Planning on 3/8/05.
obli ated to construct an public facilities within the project area.
V Requires disclosure to all prospective owners of units or lots within Kohala Ranch will comply with this
the project area that possible odor, noise, and other impacts may result requirement. CC&R's submitted to
from existing or future agricultural activities on surrounding or nearby Planning on 3/8/05.
lands which are zoned for agricultural uses.
W Provides that traffic to and from the proposed project shall not be Kohala Ranch will comply with this
permitted, except for emergency purposes, over Ala Kahua Road requirement.
within the Kohala Estates subdivision, unless a majority of lot owners
within Kohala Estates subdivision consent in writing to such use of
Ala Kahua Road or unless Ala Kahua Road is dedicated to the County,
and the County allows such use.
X Requires compliance with the conditions of the State Land Use Kohala Ranch will comply with this
Commission's Decision and Order. requirement.
Y Requires compliance with all applicable laws, rules, regulations and Kohala Ranch will comply with this
requirements. requirement.
Z Provides that in the event the Council should adopt a Unified Impact Kohala Ranch acknowledges this
Fees ordinance, rezoning conditions may, at the developer's election, condition.
be satisfied by performance in accordance with the requirements of
the Unified Impact Fees Ordinance.
AA Requires submittal of an annual progress report addressing in detail Kohala Ranch will comply with this
the status of the development of each area (including number of lots requirement.
created and the number of units constructed) and the compliance with
the conditions of a roval.
BB Provides that extensions of time for the performance of conditions, Kohala Ranch acknowledges that time
except Condition B, within the ordinance may be granted by the extensions may be granted.
Planning Director under certain circumstances.
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