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HomeMy WebLinkAboutCOM 0650.000 1994-1996 '9• ; ■ 4 ci NSY OF h��'.. _ �j);'�' Virginia Goldstein . . ^ �v Stephen K.Yamashiro a 'q�• Director Mayor z _*•e •t Norman Olesen �r•�w—..".'�►`�_` Deputy Director (gaunt of Auftiaii PLANNING DEPARTMENT -. 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 August 9, 1995 James M. Leonard, AICP Managing Director PBR Hawaii - Hilo Office Hilo Lagoon Center 101 Aupuni Street, Suite 310 Hilo, HI 96720 Dear Mr. Leonard: Change of Zone Ordinance No. 94-73 (REZ 765) Applicant: Oceanside 1250 Annual Progress Report Tax Map Key: 7-9-6:Por. 1: 7-9-12:Por. 3, 4, 5: 8-1-4:Por. 3 Thank you for your letter dated July 27, 1995, containing an annual progress report of the proposed development as required by the above-referenced Change of Zone Ordinance. A copy of your report will be transmitted to the Planning Commission and County Council for their information. Should you have any questions concerning this matter,please contact Alice Kawaha of this office at 961-8288. Sincerely, AZA :'VIRGINIA GOLDSTEIN ir/Planning Director AK:syw LOceanO 1.syw Q cc: Mr. R. T. "Dick" Frye �c;r1�. No,,__...ti51 cc/ltr: West Hawaii Office pas Rte` 2./S/G-iffi✓ Planning Commiss. n - County Council R. (AUG 1 0 194'_ • PBR H A W A I I LANDSCAPE ARCHITECTURE. ` PLANNING EN\IRON\IEN PAL STUDIES - July 27, 1995 \ Virginia H. Goldstein, Planning Director Hawaii County Planning Department 25 Aupuni Street Hilo, HI 96720 SUBJECT: ANNUAL PROGRESS REPORT CHANGE OF ZONE ORDINANCE NO. 94-73 APPLICANT: OCEANSIDE 1250 TMKS 7-9-6: 1 POR.; 7-9-12: PORTIONS OF 3, 4, and 5; 8-1-4: 3 POR. Dear Ms. Goldstein: In June 1995, we submitted an annual progress report pertaining to Use Permit No. 115 and Special Management Area ("SMA") Use Permit No. 345 regarding the Villages at Hokukano golf course, golf clubhouse and related facilities, and public access improvements within the SMA. This progress report covers the status of development and compliance with the conditions of approval for Ordinance No. 94-73, which changed zoning designation of the mauka approximately 684 acres of the property from Agriculture (5-A) and Unplanned (U) to Agriculture (A-1a). STATUS OF DEVELOPMENT Since approval of the subject ordinance, Oceanside 1250 has revised its development plan by reducing the overall density of the project from a total of 1,540 to 810 units. This reduction in the overall project density is intended to bring the development plan in line with the community sentiment and lessen the potential impacts to the area, while at the same time remaining responsive to the existing market conditions. This will be accomplished by extenuing the Sairne relative densities established under the 3l]1:)jeit ordinance for the mauka portion to the lower portion of the property, and reducing the size of the planned golf lodge from 100 to 80 units. Oceanside 1250 has submitted Change of Zone and SMA Use Permit applications for the Phase II agricultural lot subdivision within the makai portion of their property, not including the area within the State Conservation District. As proposed by Oceanside 1250 and required under the subject ordinance, the area within the Conservation District will be improved as an approximately 140-acre shoreline park. The necessary applications to the County and State for planned access and landscape improvements within the Conservation District will be initiated at a later date. C FS04 NV.Frank Brandt • Thomas S.Witten • R.Stan Duncan • Russell Y.J.Chung PACIFIC 'POWER, SUITE 650 1001 BISHOP STREET HONOLULU, HAWAII 96813 TELEPHONE: 808' 521-5631 FAX: 808 523-1402 8R.\NCH OFFICE. HILO LAGOON CEN1 ER IS! .\PPI'NI STREET, SUITE 310 HILO, HAWAII 96720 TELEPHONE- 8081 961-3333 FAX 808 961-4989 • a Virginia H. Goldstein SUBJECT: CHANGE OF ZONE ANNUAL PROGRESS REPORT, VILLAGES AT HOKUKANO July 27, 1995 Page 2 Although, for the sake of clarity, regulatory approvals for the mauka and makai portions of the property are described as Phase I and Phase II applications, it is anticipated that the subdivision within both the mauka and makai portions may proceed separately or simultaneously after approvals are obtained. Therefore, development within the mauka portion, which is covered under the subject ordinance, is not expected to proceed until after the Phase II regulatory approvals for the planned agricultural subdivision in the makai portion, and resolution of the pending litigation pertaining to the subject ordinance covering the mauka portion. Regulatory approvals for the pending Phase II applications are expected to take approximately 1.5 to 2 years at a minimum, including the time required to meet zoning conditions and subdivision approvals. COMPLIANCE WITH CONDITIONS The effective date of Ordinance 94-73 was established with the satisfaction of Condition B relating to water development. Condition B has been satisfied with execution of an assignment of water commitment rights in the Kealakekua Source Agreement to the current land owner, Oceanside 1250, and the acceptance by the Department of Water Supply ("DWS") of the required water commitment payment, as discussed below. In reference to addressing the conditions of approval, Oceanside 1250 intends to meet the terms and all conditions specified within Ordinance 94-73, as may be amended. The following addresses some of the general issues pertaining to these conditions of approval. WATER COMMITMENTS On December 12, 1994, the DWS acknowledged acceptance of the required water commitment payment in accordance with its "Water Commitment Policy". On January 4, 1995, in a letter to Oceanside 1250's legal counsel, the Planning Director granted an extension of time (to March 25, 1995) to meet Condition B(1) of the ordinance. Pursuant to the mandates of Condition B, on March 17, 1995, an agreement between Lyle Anderson, Managing Partner of 1250 Oceanside Partners (dba Oceanside 1250), and the Departments of Water Supply and Planning was executed to assign water commitment rights in the Kealakekua Source Agreement to the current land. owner, Oceanside 1250. As the execution of the agreement was the Iater of the two events to occur, the effective date of the rezoning is March 17, 1995. SUBMITTAL OF SUBDIVISION PLANS Condition C requires that plans for tentative subdivision approval be submitted to the County of Hawaii Planning Department ("Planning Department"), and tentative subdivision approval be secured within four years of the effective date of the ordinance, or by March 17, 1999. As noted previously, Oceanside 1250 has submitted their Phase II applications, including Change of Zone and SMA Use Permit applications. These applications seek to provide for lot sizes of one acre and larger within the makai area, excluding the area of the State Conservation District, similar to that which was established in the mauka portion through w , t • • Virginia H. Goldstein SUBJECT: CHANGE OF ZONE ANNUAL PROGRESS REPORT, VILLAGES AT HOKUKANO July 27, 1995 Page 3 the subject ordinance. Following zoning approval for the makai portion and refinement of the site plan, Oceanside 1250 expects to submit plans for tentative subdivision approval to the Planning Department. The subdivision plans may include areas within either or both the mauka and makai portions of the property. ARCHAEOLOGY Following receipt of comments from the Department of Land and Natural Resources-State Historic Preservation Division ("DLNR-SHPD") to the Draft Archaeological Inventory Survey Report, Oceanside 1250's consulting archaeologist, Cultural Survey Hawaii ("CSH"), submitted a revised report on August 23, 1994 to DLNR-SHPD for review and approval. On December 15, 1994, the DLNR-SHPD completed their review of the report and requested that certain additional revisions and clarifications be incorporated within the report. Since then, Oceanside 1250, CSH, and representatives from DLNR-SHPD have been meeting both on and off site to review the archaeology present on the property, and to ensure that the archaeology is accurately represented and addressed prior to finalization of the Archaeological Inventory Survey Report. It is anticipated that DLNR SHPD's revisions and clarifications will be incorporated into the report by mid- to late August 1995, at which time Oceanside 1250 and CSH will be able to begin preparation of the Archaeological Mitigation and Interpretation Plan. As required by Condition G, the approved mitigation measures will be implemented prior to or in conjunction with any land alteration within the property. GOLF COURSE Recently, the Third Circuit Court (Kona) struck Condition H(3) from the ordinance relating to the construction of a portion of Oceanside 1250's golf course in the Conservation District. This will not have a negative impact on the Villages at Hokukano development, however, since Oceanside 1250 does not have plans to construct any portion of the golf course within the Conservation District. MAMALAHOA HIGHWAY BYPASS Condition L requires Oceanside 1250 to implement the following roadway and access improvements prior to issuance of final subdivision approval or provide financial assurance for same: 1. Construct improvements to the Mamalahoa Highway and Haleki'i Street intersection, including channelization and signalization; 2. Determine the final right-of-way alignment of the entire Mamalahoa Bypass Road; 3. Construct Phase I of the Mamalahoa Bypass Road, consisting of two lanes with sufficient right-of-way for a total of four lanes; I f,4t• Virginia H. Goldstein SUBJECT: CHANGE OF ZONE ANNUAL PROGRESS REPORT, VILLAGES AT HOKUKANO July 27, 1995 Page 4 4. Construct the channelized intersection improvements at its intersection with the north end of the Mamalahoa Bypass; 5. Construct the expansion of Haleki'i Street through the subject property, as generally reflected within the ordinance; and 6. Provide roadway stubouts to allow for future connections between the subject property, Alii Highway, and southern extensions therefrom. At the time of the subject ordinance approval in June 1994, the Bypass Road alignment proposed by Oceanside 1250 was to begin at a point at Kuakini Highway in the general vicinity of Higashihara Park, and extend south to the junction of Mamalahoa Highway and Napo'opo'o Road. Since this time, however, Oceanside 1250 has held meetings with the community and representatives of the State Department of Transportation and the County. Based on input from these meetings, an alternative alignment is being considered. The alternative alignment would extend Alii Highway from its current terminus at Keauhou to Mamalahoa Highway at the junction with Napo'opo'o Road (see the attached letter from the Department of Public Works). In order to develop the Bypass Road along this alternative alignment, Oceanside 1250 must secure all necessary clearances and approvals in addition to obtaining an amendment to Condition L of the subject ordinance prior to initiation of the Bypass Road improvements. Oceanside 1250 has obtained right-of-entry consents from owners along the proposed route, so that the alignment and study of the roadway corridor can take place. Highway centerline staking is underway, to be followed by property owner review, engineering review, County Department of Public Works review, and an archaeological reconnaissance study. SHORELINE PARK A Comprehensive Public Access Plan, as required under Condition H, will designate the Conservation District be set aside as public shoreline access areas. Additionally, as required under Condition I, covenants ensuring perpetual public access will be submitted to the Planning Director for approval, and the approved covenants will be recorded prior to receipt of Final Plan approval for the golf course or agricultural subdivision, whichever occurs first. Initially, Oceanside 1250 has met with a group of community members and resource persons to discuss the overall objectives of public shoreline access in the context of management of the planned 140-acre shoreline park and the environmental and cultural resources present in the project area. Dialogue with community members is expected to continue throughout the preparation and refinement of Oceanside 1250's Shoreline Park Management Plan, of which the approved Comprehensive Public Access Plan will be an integral component. This process will result in adopting management criteria for the park area, including, among other things, resource management, permitted uses, times of operations, etc. 4104 9 Virginia H. Goldstein SUBJECT: CHANGE OF ZONE ANNUAL PROGRESS REPORT, VILLAGES AT HOKUKANO July 27, 1995 Page 5 We trust that the above provides a useful description of the status of development, in compliance with the conditions for the subject ordinance. However, should you require any further information or if you have any questions regarding the Villages at Hokukano development, please contact either myself (961-3333) or Mr. Richard Frye at Oceanside 1250 (326-2966). Sincerely, • ES M. LEONARD, AICP Managing Director PBR- Hilo Office Endosure xc: R. Frye B. Kudo F. Brandt D. Hulse ..ice• II 11 .. IV• h Or Donna Fay K. Kiyosaki Stephen K. Yamashiro Pr■' 'lam ;• Chief Engineer Mayor Riley W. Smith Deputy Chief Engineer Te'�r HI artuttfv of gittfunit Received DEPARTMENT OF PUBLIC WORKS JAN 0 9 1995 25 Aupuni Street,Room 202 Hilo,Hawaii 96720-4252 (808) 961-8321 • Fax (808)969-7138 Oceanside 1250 January 4, 1994 R T "DICK" FRYE PROJECT MANAGER OCEANSIDE 1250 74-5620 A PALANI ROAD SUITE 200 KAILUA KONA HI 96740-1625 SUBJECT: PREFERRED MAMALAHOA BYPASS ALIGNMENT This is in response to your letter of December 6, 1994, requesting the determination of the County's preferred alignment for the Mamalahoa Bypass as required pursuant to Change of Zone Ordinance 94-73. Condition (L) of this Ordinance requires that "Roadway improvements and accesses to the subject project shall meet with the approval of the Department of Public Works." Based on our review of the testimony provided during and subsequent to the public meeting on the Mamalahoa Bypass hosted by Oceanside 1250 on September 19, 1994, review of the existing County plans for this region, including the General Plan, as well as other available information, we have determined that the Department of Public Works ' preferred alignment of the Mamalahoa Bypass would link Alii Highway with the Mamalahoa Highway-Napoopoo Road Intersection. This is identified as the "Yellow" alignment on the attached map (Attachment No. 1) . In reviewing the various potential alignments, we feel this alternative provides the best overall circulation system for this region of Kona in accordance with the General Plan Facilities Map. It provides an alternative traffic corridor to Mauka Kona while at the same time reducing congestion along Kuakini Highway by limiting the number of signalized intersections. It also minimizes impact on existing agricultural and residential areas and will , not adversely affect the existing businesses in the area. We recognize that the "Yellow" alignment is not consistent with Oceanside 1250's original proposed routes as identified in Exhibit C of Ordinance 94-73, "Proposed Bypass Alignment Zone. " Accordingly, an amendment to the Change of Zone Ordinance is required for this alternative. In addition, we also recognize that there may be archaeological or other potential environmental issues relating to this alignment, including potential impact to the Kuamo'o Burials Site, which have not been fully reviewed. a. Ltr to R. T. Frye Page 2 January 4, 1994 Accordingly, the identification of the "Yellow" alignment as the Department of Public Work's preferred alternative is conditioned upon Oceanside 1250's securing the appropriate clearances and approvals for this alignment. Please call me if you have any questions on the above. RILE SMIH I Deputy Chief Engineer Attachment cc: Mayor Stephen K. Yamashiro Planning Department Deputy Managing Director