HomeMy WebLinkAboutCOM 0011.000 1998-2000 o
M.r o. Mew'/ Vir);inia Goldstein
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Stephen K. 1'amashiro ~LL:S~.
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December 1, 1998 PLANNING DEPARTMENT
25 Aupunl Street, Room 109 • Hilo, Hawaii Y6720.4252
B08) Y61-8288 • Naz (808) 961-8742
Steven S. C. Lim, Esq.
Carlsmith Ball
121 Waianuenue Avenue
Hilo, HI 96721-0686
Dear Mr. Lim:
State Land Use Boundary Amendment Ordinance No. 92 35 (SLU 811)
Change of Zone Ordinance No. 92 36 as amended by Ordinance 95 118 (REZ 709)
Applicant: Hualalai Properties, Inc.
Subject: 1998 Annual Progress Report
'r"~~tT~~• 7 S 1f1• Pnr 13 and 7-5-2'i•fi't
This is to acknowledge receipt of your 1998 Annual Progress Report dated
November 11, 1998, submitted in compliance with Condition N of the above-referenced
ordinances. Thank you for complying with this requirement. We will forward copies of your
report to the Planning Commission and County Council.
Please note that your next annual report will be due on or before October 12, 1999.
Should you have any questions regarding this matter, please contact Phyllis Fujimoto or
Susan Gagorik of this department at 961-8288.
Sincerely,
~IRGIIdIA GOLDSTEIN
G Planning Director
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Ref, To:
Ret. Date ~ 0 8 1998
CARLSMITH BALL
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0686
TELEPHONE (808) 935-66dd
FAX 1808)935-7975
,r
November 11, 1998
HAND DELIVERED
Virginia Goldstein
Planning Director =
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: State Land Use Boundary Amendment Ord. No. 92-35 (SLU 811)
Change of Zone Ord. No. 92-36 as amended by Ord. No. 95-118 (REZ 709)
Applicant: Hualalai Properties, Inc.
Tax Map Key~31 7-5-] O:oortion of 13 and (317-5-2363
Dear Ms. Goldstein:
Effective April 24, 1992, Ordinance No. 92-35 amended the State Land Use
District Classification of tax map key parcel (3) 7-5-10:portion of 13 from the Agricultural to the
Urban District, and Ordihance No. 92-36 amended the County zoning designations of tax map
key parcels (3) 7-5-10: portion of 13 and (3) 7-5-23:63 from Unplanned (U) to Multiple Family
Residential (RM-2.5) and from Double Family Residential (RD-3.75) to Village Commercial
(CV-7.5).
Effective October 12, 1995, Ordinance No. 95-118 amended Condition E of
Ordinance No. 92-36 to require that project construction commence within five years from the
date of Final Plan Approval, or no later than June 2, 1998, and be completed within two years
thereafter, or no later than June 2, 2000. On December 16, 1997, the Planning Director granted
an administrative time extension of five years from June 2, 1998 to June 2, 2003, in which to
commence project construction. egg, Exhi i attached hereto.
In compliance with Condition N of Ordinance No. 95-118, applicant Hualalai
Properties, Inc. submits its 1998 annual progress report regarding the subject project and its
compliance with the substantive conditions of rezoning approval, listing in order the governmental
"CONDITION"and Applicant's "RESPONSE" to same.
010536
2005810.1.034466-1
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY
Virginia Goldstein
Planning Director
Page Two
CONDITION A: The applicant, its successors or assigns be responsible for complying with
all of the stated conditions of approval.
RESPONSE: Applicant shall comply with the foregoing condition.
CONDITION B: The required water commitment payment shall be submitted to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval of the
change of zone.
RESPONSE: On September 18, 1992, the Department of Water Supply acknowledged receipt
from Applicant of the required water commitment payment of $6,600.00. egg, Exhibit 1 a to
Applicant's annual progress report dated May 17, 1994 (hereinafter referred to as "1994 report").
On October 21, 1992, the Planning Department acknowledged Applicant's compliance with the
foregoing condition. Exhibit lb to 1994 report.
CONDITION C: Consolidation approval of the subject properties shall be secured from the
Planning Department within one year from the effective date of approval of
the Change of Zone request. Plans for Final Plan Approval shall not be
processed until consolidation approval has been secured.
RF_,~SPONSE: On October 28, 1992, the Planning Department approved Applicant's
consolidation of tax map key parcels (3) 7-5-10: portion of 13 and (3) 7-5-23:63 and 67. egg,
Exhibit 2 to 1994 report.
CONDITION D: Final Plan Approval shall be secured from the Planning Department within
one year from the effective date of approval of the consolidation approval
of the subject properties. Plans to be submitted for Final Plan Approval
shall include all applicable conditions of consolidation approval. To assure
adequate time for plan approval review and in accordance with Chapter 25-
244 (Zoning Code), plans shall be submitted a minimum of forty-five days
prior to the date by which plan approval must be secured.
RESPONSE: On June 2, 1993, the Planning Director granted Final Plan Approval for the subject
project. Exhibit 3 to 1994 report.
2005810.1.034466-I
Virginia Goldstein
Planning Director
Page Three
CONDITION E: Construction shall commence within five (5) years from the date of receipt
of Final Plan Approval and shall be completed within two years thereafter.
RESPONSE: As discussed above: 1) Applicant obtained Final Plan Approval on June 2, 1993;
2) effective October 12, 1995, Ordinance No. 95-118 required that project construction
commence within five years from the date of receipt of Final Plan Approval, or no later than June
2, 1998, and be completed within two years thereafter, or no later than June 2, 2000; and 3) on
December 16, 1997, the Planning Director granted an administrative extension for an additional
five years in which to commence project construction, pursuant to Condition P below. ,egg,
x i ' attached hereto. Therefore, project construction shall commence no later than June 2,
2003, and shall be completed no later than June 2, 2005.
CONDITION F: A detailed archaeological mitigation plan shall be prepared and submitted
for approval by the Planning Department, in consultation with the State
Department of Land and Natural Resources prior to submitting plans for
plan approval review. The plan submitted shall have incorporated the
recommendations of the detailed archaeological mitigation plan.
RESPONSE: On January 25, 1993, the Planning Department acknowledged receipt of
Applicant's archaeological mitigation plan earlier approved by the Department of Land and
Natural Resources and determined that Applicant had complied with the foregoing condition.
$gg, Exhibit 5 to 1994 report.
CONDITION G: Should any unidentified sites or remains such as artifacts, shell, bone or
charcoal deposits, human burials, rock or coral alignments, paving, or
walks be encountered, work in the immediate area shall cease and the
Planning Department shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning Department
when it finds that sufficient mitigative measures have been taken.
RESPONSE: On August 26, 1992, the Hawaii Island Burial Council approved Applicant's
"preservation in place" plan for a burial site located on tax map key parcel 7-5-10:13. In its
September 3, 1992 follow-up letter, the Department of Land and Natural Resources (DLNR) set
forth recommended site preservation measures. S. ee, Exhibit 6a to 1994 report.
2005810.1.034466-I
Virginia Goldstein
Planning Director
Page Four
On April 15, 1993, a lava tube was uncovered during site preparation, whereupon
DLNR archaeologist Marc Smith conducted a site inspection and determined that no significant
archaeological artifacts or resources had been uncovered and no other areas required
preservation-in-place. On May 21, 1993, the DLNR approved continuation of site work on the
condition that Applicant's final data recovery report include information gathered from the newly
discovered lava tube. ,fig, Exhibit 6b to 1994 report.
On December 6, 1993, DLNR administrator Don Hibbard inquired into the status
of compliance with preservation measures outlined in his September 3, 1992 letter. ,egg, Exhibit
6c to 1994 report. On December 9, 1993, Applicant's architect Terry Cisco outlined compliance
measures undertaken for preservation of the burial site. ,egg, Exhibit 6d to 1994 report.
On September 30, 1994, project archaeologist William Barrera transmitted a draft
Archaeological Data Recovery Report to the State Historic Preservation Division of DLNR. On
January 26, 1995, State Historic Preservation Division administrator Don Hibbard recommended
revisions to archaeologist Barrera. Exhibit C attached to Applicant's annual progress report
dated May 9, 1995 (hereinafter referred to as "1995 report"). On August 29, 1995, administrator
Hibbard approved the Final Archaeological Data Recovery Report submitted by Mr. Barrera,
indicating that "[t]he revised report contains all of the major changes that we had previously
requested and now meets with our approval". ,egg, Ex i i 2 attached to Applicant's annual
progress report dated October 10, 1996 (hereinafter referred to as "1996 report").
On March 19, 1996, DLNR administrator Don Hibbard inquired into the status of
burial site restoration in his letter to archaeologist Barrera. Sgg, Exhi i 3 attached to 1996
report. At the present time, project development, including restoration of the archaeological/
burial site to its pre-excavation condition and installation of a protective wall, landscaping and
signage, has been scheduled for completion by Applicant upon receipt of project financing.
However, in the meanwhile, should additional archaeological sites or remains be uncovered,
Applicant will notify the Planning Department and DLNR and cease work until agency review and
clearance are obtained.
CONDITION H: The applicant shall install all recommended road improvements as required
by the Department of Public Works, including a left turn lane, acceleration
and deceleration lanes, curb, gutter and sidewalk improvements along the
Hualalai Road frontage of the subject development. Plans for these
improvements shall be submitted simultaneously with plans for Final Plan
Approval and shall be installed prior to issuance of a certificate of
occupancy for any portion (commercial or residential) of the developments.
2005810.1.034466-1
Virginia Goldstein
Planning Director
Page Five
RF_SPONSE: On June 2, 1993, the County of Hawaii issued Final Plan Approval for the subject
project, with the condition that all recommended roadway improvements be installed prior to
issuance of a certificate of occupancy. Exhibit 3 to 1994 report.
CONDITION I: Prior to Final Plan Approval or Final Subdivision Approval for the project,
should the County determine that additional improvements in the project
area are required (i.e. roadways, parks, police, fire, etc.), the applicant and
its successors or assigns shall pay or contribute its pro rata share of such
additional improvements. Satisfaction of this condition may be by entering
into a development agreement with the County when such a development
agreement is authorized. Any pro rata share of improvements paid or
contributed to the project area shall be credited to any future impact fees.
FS)~ONSE: On November 16, 1992, the Planning Department waived the County of Hawaii s
requirement for a pro rata share of additional improvements and determined that the foregoing
condition would not be applied to Applicant's project. S~€, Exhibit 7 to 1994 report.
CONDITION J: The applicant shall formulate a school facilities assessment plan, which
shall be reviewed and approved by the Planning Department, in
consultation with the Department of Education, prior to Final Plan
Approval of the residential project. The approved assessment shall be
submitted to the appropriate agency prior to the issuance of a certificate of
occupancy for any portion of the residential development.
FRFR
SENSE: On December 1, 1992, the State Department of Education waived Applicant's fair-
share contribution for additional school facilities. Exhibit 8a to 1994 report. On March 16,
1993, the Planning Department determined that Applicant had complied with the foregoing
condition. Exhibit 8b to 1994 report.
CONDITION K: To ensure that the Goals and Policies of the Recreation Element of the
General Plan are implemented, the applicant shall contribute a monetary fee
or designate an area prior to tentative subdivision approval to the County
of Hawaii, which shall be used for park purposes. The monetary fee or
land area shall be calculated by methodology and procedure set forth in
Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii
County Code and shall be acceptable to the Department of Parks
2005810.1.034466-1
Virginia Goldstein
Planning Director
Page Six
and Recreation and the Planning Department. If the applicant designates a
park area on site, the park area shall be improved by grading and grassing
prior to the issuance of a certificate of occupancy for the residential
development meeting with the approval of the Planning Department, in
consultation with the Department of Parks and Recreation. Further, a park
maintenance and operational plan shall be submitted for review and
approval by the Planning Department, in consultation with the Department
of Parks and Recreation, prior to issuance of a certificate of occupancy for
the residential development.
RESPONSE: On April 22, 1993, the Planning Department, in consultation with the Department
of Parks and Recreation, authorized Applicant to make an in-lieu monetary fee payment of
$101,814.62 to satisfy the foregoing condition. fig, Exhibit 9a to 1994 report. On March 24,
1994, the Planning Department agreed to payment of the aforementioned in-lieu monetary fee
based on the following schedule: (1) fifty per cent upon acceptance of these terms, and (2) fifty
per cent prior to issuance of a certificate of occupancy for the first multiple family residential
structure in the project. ,egg, Exhibit 96 to 1994 report. On April 18, ] 994, the Planning
Department acknowledged receipt of Applicant's first installment of $50,907.31 as set forth
above. Sgg, Exhibit 9c to 1994 report.
CONDITION L: To ensure that the Goals and Policies of the Housing Element of the
General Plan are imp?emented, the applicant shall work with the Office of
Housing and Community Development and the Planning Department to
formulate a housing plan for the development, which shall be consistent
with the interim affordable housing policy of the County as contained in the
Hawaii County Housing Agency Resolution No. 65. This housing plan
shall be approved by the County Housing Agency prior to final plan
approval of any portion of the residential zoned area; provided that the
applicant shall notify the County Housing Agency of any intent to sell,
lease, assign, place in trust, or otherwise voluntarily alter the ownership
interest in the property prior to visible commencement of construction on
the property; provided further that the applicant may transfer ownership in
the property to an affiliate or in a manner consistent with prior
representations to the County Housing Agency.
RESPONSE: On April 7, 1993, the Hawaii County Housing Agency approved Resolution No.
90, wherein Applicant was authorized to make an in-lieu monetary fee payment of $75,200.00 to
satisfy the foregoing condition. $gg, Exhibit l0a to 1994 report. On June 3, 1993, the Planning
2005810.1.034466-1
Virginia Goldstein
Planning Director
Page Seven
Department acknowledged receipt of Applicant's first fifty per cent installment of $37,600.00,
noting that Applicant's second fifty per cent installment would be payable within one year from the
date of Final Plan Approval (or June 2, 1994). $gg, Exhibit I Ob to 1994 report. On June 2, 1994,
Applicant submitted the aforementioned second fifty per cent installment to the Planning
Department, and on June 6, 1994, the Office of Housing and Community Development
acknowledged Applicant's fulfillment of its affordable housing requirement under Condition L of
Ordinance No. 92-36. fig, Exhibits D and E attached to 1995 report.
CONDITION M: Comply with all applicable laws, requirements, rules and regulations
including those of the Fire Department, Department of Health, and the
Department of Land and Natural Resources.
RESPONSE: Applicant shall comply with the foregoing condition.
CONDITION N: An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of this ordinance. The report shall include, but not
be 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.
RESPONSE: Applicant submits herein its 1998 annual report.
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 developer's election, be satisfied by
performance in accordance with the requirements of the Unified Impact
Fees Ordinance.
RESPONSE: Applicant shall abide by the applicable provisions of a Unified Impact Fees
ordinance, should one be adopted by the County of Hawaii.
2005810.1.034466-1
Virginia Goldstein
Planning Director
Page Eight
CONDITION P:
(P) 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 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 applicant should
require an additional extension of time, the Planning Director shall submit the
applicant's request to the County Council for appropriate action. 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.
RESPONSE: Applicant shall comply with the foregoing condition, should further extensions of
time be required for compliance with the conditions of rezoning approval set forth above.
Thank you for the opportunity to have presented this annual report on behalf of
applicant Hualalai Properties, Inc. Please feel free to contact me at 935-6644, should you have
any questions concerning the foregoing discussion.
Very truly yours,
CARLSMIT~H
BALL
y/7~`'"
STEVEN S. . L M
SSCL:JEC
xc: Grant Johnston
Robert Triantos
Robert West
Terry Cisco
Barcie Parker
2005810.1.034466-1
J,,,r e. Virginia Goldstein
ce••..• ••ki
•
Stephen K. Yamashiro : • Dbccm.
Maws. •:L Russell Kokubun
Deputy Dlrecru.
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PLANNING DEPARTMENT
25 Aupuni Street. Room 109 • Hilo. Hawaii 967204252
(808) 961-8288 • Fax (808) 961.8742
December 16, 1997
Steven S. C. Lim, Esq.
Carlsmith Ball Wickman Case & Ichiki
121 Waianuenue Avenue
Hilo, HI 96721-0686
Dear Mr. Lim:
State Land Use Boundary Amendment Ordinance No. 92 35 (SLUE 811)
Change of Zone Ordinance No. 92 36 as amended by Ordinance No. 95 118
(REZ 709)
Applicant: Hualalai Properties, Inc.
Subject: Time Extension to Condition E and Annual Progress Report
Tax Mao~~r• '7.5_7(1• ?nr 1'~ and 7-S_~~•63
This is to acknowledge receipt of your letter dated October 6, 1997, requesting afive-year
extension of time to Condition E of Ordinance No. 95 118. We aze also in receipt of your
annual progress report dated October 6, 1997, in compliance with Condition N. Thank you
for your submittal.
In reviewing your file, we find that an administrative extension of time to June 2, 1995, was
granted on July 11, 1994, to commence construction of the proposed development.
Subsequently, effective October 12, 1995, Ordinance No. 95 118 amended Condition E of
Ordinance No. 92 36 to read as follows:
"E. Construction shall commence within five (5) years from the date of receipt of
Final Plan Approval and shall be completed within two years thereafter."
Final Plan Approval was granted on June 2, 1993. In accordance with the amended Condition
E, project construction shall commence no later than June 2, 1998 and be completed no later
than June 2, 2000.
EXHIBIT A
Steven S. C. Lim, Esq.
Page 2
December 16, 1997
As indicated in your letter, the applicant requests a five (5) year extension from June 2, 1998,
to June 2, 2003, in which to commence project construction as provided in Condition E. Your
letter further noted that the applicant is in the process of locating a joint venture partner and/or
new equity funding for the project and anticipates that financing to commence the project
construction will be forthcoming in the near future. Therefore, the extension of time until
June 2, 2003, to commence project construction is hereby granted. Please be aware that any
additional extension of time beyond June 2, 2003, to commence construction will require
Planning Commission action.
As a reminder, you are required to comply with all conditions as stated in the above-referenced
ordinance within their appropriate timetables. Your next annual report will be due on or
before October 12, 1998.
Should you have any questions regarding the above, please contact Phyllis Fujimoto or
Susan'Gagorik of this office at 961-8288.
Sincerely,
i'"--V GINIA GOLDSTEIN
~ Planning Director
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