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HomeMy WebLinkAboutCOM 0045.002 1998-2000 `o~x!:~.°.``. w ~ Virginia Goldstein `utephen K. Yamashiro v~^^.~. Directm- Mm~or _ _ Russell Kokubun ~ ~ Deputy Dire~~for >i o ATE pj~XP~ ~ - ~.'~i i~rl ~ ~ ~ C~aun#g n~~- ~tirttiT PLANNING DEPARTMENT .-,sf~~ ,i,..~.a~;w;.ff~~,u; (BOS) 961-8258 • Fax (808) 96t-8742 July 17, GUOU Steven S.C. Lim, Esq. Carlsmith Ball 121 Waianuenue Avenue IIilo, III 96721-0686 Dear Mr. Lim: Change of Zone Ordinance No. 90 63, as amended by Ordinance No. 93 76, amended by Ordinance No. 99 51 (REZ 663) SUB 90-143 Applicant: Pualani Estates, Inc. TMK: 7-5-17: 28 and 29 This is to acknowledge receipt of your Annual Progress Report dated May 4, 2000, submitted in compliane;e with Condition O of Ordinance No. 99 51, effective May 4, 1999. Thank you for complying with this requirement. We will forward copies of your report to the Planning Commission and County Council. Condition C ofthe ordinance states: "C. Revised tentative subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of this change of zone amendment. Final Subdivision Approval shall be secured within five years from the effective date of this change of zone amendment...... " As the effective date of the ordinance is May 4, 1999, tentative subdivision plans should have been submitted to this office by May 4, 2000. A fax copy of your letter dated May 4, 2000 requesting aone-yeaz administrative time extension to May 4, 2001 in which to submit revised tentative subdivision plans, was received by this office on June 26, 2000. Your letter indicates that the administrative time extension is necessary to finalize negotiations with a joint venturer or successor developer regarding project construction. 4S•oo Comm. No. File No. Ref. To: Ref. Da Steven S.C. Lim, Esq. Carlsmith Ball Page Z July 17, 2000 We have determined that non-compliance is a result of circumstances beyond your control and not a result of fault or negligence, and hereby grant aone-year time extension until May 4, 2001, to comply with Condition C. Please note that your next annual report will be due on or before May 4, 2001. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this department at 961-8288. Sincerely, ~IRGII~iIA GOLDSTEIN tanning Director PF:pak p:\wpwin60\phyllic\LRF.7b63pualaniLim0l.doc c: West Hawaii Office County Council Planning Commission Mr. Ed Cheplic, Ministerial Division CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 - HILO, HAWAII 96721-0686 TELEPHONE (808) 935-6644 FAX (8081935-7975 May 4, 2000 HAND DELIVERED Virginia Goldstein Platming Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Annual Compliance and Progress Report -Ordinance No. 99-51 Applicant: Pualani Development Company Successor Applicant: Pualani Estates, Inc./Intemational Assets, Ltd. Tax Ma~Kevs: 7-5-17:28 and2693) (SUB 90-143) Dear Ms. Goldstein: Effective May 4, 1999, Hawaii County Change of Zone Ordinance No. 99-51 amended Change of Zone (hdinance Nos. 90-63 and 93-76, reclassifying 99.3 acres of land from an Unplanned (U) designation to Single-Family Residential (RS-7.5) and (RS-20) designations for tax map key parcels (3) 7-5-17:28 and 29. In compliance with Condition O of Ordinance No. 99-51, applicant Pualani Estates, Inc./International Assets, Ltd. (hereinafter "Applicant") submits its Year 2000 annual report for the subject project, outlining it:a compliance with the substantive conditions of rezoning approval and listing in order the governrrlental "REQUIREMENT" and Applicant's "RESPONSE" to the same. REQUIREMENT: A. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. 2012293.1.034466-2 ~ HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY Virginia Goldstein Planning Director May 4, 2000 Page 2 RESPONSE: Applicant will comply with the substantive conditions ofrezoning approval contained in Ordinance No. 99-51. REQUIREMENT: 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 October 3, 1990, the Department of Water Supply (hereinafter "Water Deparhnent") acknowledged receipt of the required $432,000.00 water commitment payment from original applicant Pualani Development Company. See, Exhibit A attached to Applicant's 1994 annual report dated July 11, 1994 (hereinafter "1994 annual report"). On August 12, 1997, Applicant and the Water Department and Water Commission entered into an Agreement., wherein the parties acknowledged that Applicant had paid the sum of $543,600.00 to the County., as and for full and final payment of permanent water facilities charges for 302 units for development ofPualani Estates Subdivision, Unit 1. By letter dated December 29, 1998, the Water Department confirmed said 302 water commitments, approved Applicant's request for afive-year extension in which to obtain final subdivision approval, and outlined required water system improvements. See_, Exhibit A attached hereto. Applicant and the Water Department are currently discussing Applicant's proposed dedication to the County of a 1.0-acre site makai of Queen Kaahumanu Highway for use and construction by the County of a 1.0-mg water storage tank. REQUIREMENT: C. Revised tentative subdivision plans for the proposed development shall he submitted to the Planning Department within one year from the effective date of this change of zone amendment. Final subdivision approval shall be secured within five years from the effective date of this change of zone amendment. Plans for necessary infrastructuralimpmvements including off-site roadway and anoff--site water system, Virginia Goldstein Planning Director May 4, 2000 Page 3 shall be submitted in conjunction with construction drawings for final subdivision dpprU Val. RESPONSE: On December 2,1993, the Planning Department granted revised tentative subdivision approval of the project. See, Exhibit B to 1994 annual report. On October 17, 1994, the Planning Department granted Applicant an extension of time until December 4, 1996, to comply with all conditions of revised tentative subdivision approval. See, Exhibit A attached to Applicant's 1996 annual report dated August 12, 1996 (hereinafter " 1996 annual report"). On August 20, 1996, the Planning Department granted Applicant a further extension of time until December 2, 1998, to comply with all conditions of revised tentative approval. See, Exhibit A attached to Applicant's 1998 annual report dated August 27, 1998 (hereinafter "1998 annual report"). By letters dated February 2, 1996 and March 4, 1996, the Planning Department approved the following prof ect construction plans entitled: 1) Pualani Estates Subdivision, 2) Phased Construction, 3) Intersection at Hawaii Belt Road, and 4) Water Transmission Systems. See, Exhibits B and C attached to 1996 annual report. On November 18, 1996, the Planning Department granted Applicant an extension of time until August 8, 1997, to secure final subdivision approval. See, Exhibit B attached to 1998 annual report. Effective May 4, 1999, Ordinance No. 99-51 provided that Applicant submit revised tentative subdivision plans for the proposed development within one year from the effective date of the rezoning amendment, or by May 4, 2000. Please be advised that pursuant to Condition P below, Applicant is submitting under separate cover a letter requesting an administrative time extension of one year to May 4, 2001, in which to submit revised tentative subdivision plans, since it is currently engaged in discussions with a joint venturer or successor developer regarding project construction. REQUIREMENT: D. A drainage system shall be installed in accordance with the requirements of the Department of Public Works. Virginia Goldstein Planning Director May 4, 2000 Page 4 RESPONSE: Applicant will comply with the foregoing condition addressing drainage improvements For the project. On June 9, 1995, the State Department of Health approved construction of the remaining of FO injection drywells for the project. See,, Exhibit B attached to Applicant's 1995 annual report dated July 26, 1995 (hereinafter "1995 annual report"). On May 10, 1996, the State Department of Health approved an extension to September 30, 1996 for construction of the aforementioned 60 drywells. See, Exhibit E attached to 1996 annual report. REQUIREMENT: E. Access(es) shall meet with the approval of the Departments of Transportation- Highways Division and Public Works. Further, Queen Kaahumanu Highway shall be improved with a fully channelized intersection, including deceleration, acceleration and left-turn land(s), and which may include signalization, meeting with the requirements ofthe Department of Transportation. These improvements shall be provided prior to the occupancy of the first house(s) within the subdivision. Traffic signals shall be installed by the applicant, successors or assigns at such time when warranted and deemed necessary by the State Department of Transportation- Highways Division. RESPONSE: On April 12, 1995, the State Department of Transportation approved Applicant's plans for the project access intersection with the Queen Kaahumanu Highway Extension, or Hawaii Belt Road. See, Exhibit C attached to 1995 annual report. On March 4, 1996, the County via letter from the Planning Department approved subdivision construction plans for said intersection. See, Exhibit C attached to 1996 annual report. REQUIREMENT: F. The interior subdivision roads shall be provided with curbs, gutters and sidewalk improvements; and amauka-makai collector road shall be constructed within the subject property which shall include a mauka stubout which would lead toward eventual connection to Hualalai Road. The applicant shall delineate and dedicate to the County of Hawaii asixty-Foot right-of--way within the mauka portion of the subject property for this eventual connection to Hualalai Road. The costs of Virginia Goldstein Planning Director May 4, 2000 Page 5 construction for this connection to Hualalai Road shall not be the responsibility of the applicanh. The applicant shall also provide a private one-way singk~ lane paved access easement extending to Hualalai Road through the subj ect property to be used only for emergency purposes which may be gated with an appropriate breakaway feature. This access shall he designed to permit only a right turn exit from the subject property with striping and demarcation for safety measures. The applicant shall maintain the emergency access until such time the construction of the mauka- makaicollector road is completely connected to Hualalai Road and at which time the emergency access shall be abandoned. The applicant shall provide selected internal north-south roadways which extend to the boundaries to provide future traffic connection with adjacent properties and shall include in the restrictive covenants in the deeds of all the proposed lots informing all purchasers that the streets within the subject property may become future thoroughfares connecting to adjoining properties. 'These improvements shall be provided within twenty-four (24) months from the date of final subdivision approval and meeting with the approval of the Department of Public Works. RESPONSE: As stated above, the County approved subdivision construction plans entitled: 1) Pualani Estates Subdivision, 2) Phased Construction, 3) Intersection at Hawaii Belt Road, and 4) Water Transmission Systems, via letters from the Planning Department dated February 2, 1996 and March 4, 1996. See, Exhibits B and C attached to 1996 annual report. REQUIREMENT: G. An archaeological data recovery and preservation plan shall be submitted to the Department of Land and Natural Resources, Historic Sites Section and the Planning Department for review prior to preliminary plat map submittal. The archaeological data recovery and preservation shall be in conformance with the accepted plan and shall be completed prior to any alterations on the property. RESPONSE: Via letters dated February 26,1996 and May 24,1996, the State Department of Land and Natural Resources, Historic Preservation Division, approved the revised final data recovery report for the project. See, Exhibits F and G attached to 1996 annual report. Reinterment of remains within the on-site archaeological preserve areawas conductedby the Historic Preservation Division, Virginia Goldstein Planning Director May 4, 2000 Page 6 Hawaii Burial Council an<l project archaeologists on July 5, 1994, and commencement of land alteration work was apptuv ~d by the Ilistoric Prescrvation Division hegilming lanuar; I R, 1 the condition that protective fencing remain in place surrounding the preserve area. REQUIREMENT• H. 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 thf; 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: Applicant ~~ill continue to abide by the guidelines set forth above for treatment of archaeological sites and remains. REQUIREMENT: I. 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, Arti cle 1, Hawaii County Code, relating to Affordable Housing. RESPONSE: On October 17,1990, original applicant Pualani Development Company entered into an Agreement with the County of Hawaii regarding an affordable housing program. See, Exhibit D-1 to 1994 annual report. On May 24, 1994, based on a commitment from successor applicant Pualani Estates, Inc./International Assets, Ltd. to reserve 28 units to purchasers earning no more than 80 per cent of the median family income in Hawaii County, the Office of Housing and Community Development waived its option to purchase affordable housing units in the proj ect and authorized unrestricted sales to begin as of that date. See, Exhibit D-2 to 1994 annual report. On June 29, 1994, the Office of Housing and Community confirmed its sponsorship of a $10,000.00 interest frc;e deferred sales price mortgage program for qualified purchasers in the Virginia Goldstein Planning Director May 4, 2000 Page 7 project. See, Exhibit D-3 to 1994 annual report. This program is currently on hold pending Applicant's receipt of final subdivision approval. Based on the toregomg, Applicant cumpleted its iurrnal affordable huusiug ~alca program pursuant to County requirements for the project, and a Release of said housing conditions for the project was executed by the County on November 1, 1995, and recorded at the Bureau of l;onveyances on Noverber 7, 1995. Sr.c, Exhibit H attached to 1996 annual report REQUIREMENT: J. To ensure that the goals and policies of the Recreation Element of the General Plan are implemented, the applicant shall construct a minimum five (5) acre recreational park within the project site fur active zurd passive recreational uses to be dedicated and accepted by the County of Hawaii. The configuration and improvements, including but not limited to grading, grassing, irrigation, fencing along the subject park area fronting Queen Kaahumanu Highway, and the construction of a softball field, a soca;r field, parking and restroom facilities, shall meet with the approval of the Planning Department in consultation with the Department of Parks and Recreation and the Department ofPublic Works, prior to final subdivision approval. 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 in conjunction with final subdivision approval. 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 park in perpetuity; and 2) empower the County, through the Department of Parks anti Recreation, to enforce covenants to maintain the 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 land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed. At the minimum, access to the recreational park shall be gained from within the subdivision. The park shall be completed within one year from the occupancy of the first home. Virginia Goldstein Planning Director May 4, 2000 Page 8 RESPONSE: Pursuant to the foregoing condition, on June 19, 1995, Applicant submitted to the County for review and approval a "Maintenance and Operational Park Plan for the William Charles LunaliloPlaygi'oundatPuapuaanui"and its"D?claration~fr"ovenant for Park Maintenance"- See, Exhibit H attached to 1995 annual report. On July 19, 1995, the Office of the Corporation Counsel approved said Park Plan and Covenant as complying with the rezoning requirements of Condition J of Ordinance No. 93-76. See, Exhibit I attached to 1995 annual report. REQUIREMENT: K. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots 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 Department for review and approval prior to 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 likewise prior to final subdivision approval. RESPONSE: On November 21, 1991, the Planning Department acknowledged receipt of deed restrictions and determined 1:hat said deed restrictions complied with the conditions contained in original Change ofZone Ordinance No. 90-63 governing the project. See, Exhibit E to 1994 annual report. Successor applicant Pualani Estates, Inc./International Assets, Ltd. will also comply with deed covenant restrictions as modified by Change ofZone Ordinance No. 93-76. REQUIREMENT: L. Comply with conditions of the State Land Use Commission. Virginia Goldstein Planning Director May 4, 2000 Page 9 RESPONSE: Applicant will comply with the substantive conditions contained in the State Land Use Commission's Decision and Order dated September 13, 1989 in Docket No. A88-632, wherein the Commission reclassified the subject projectparcels frcm the Agricultural to the i Jrban Land Use District. REQUIREMENT: M. Comply with all other applicable laws, rules, regulations and requirements, including those of the Depax-tments of Health, Water Supply and Public Works. RESPONSE: Applicant will comply with all applicable State and County regulations. REQUIREMENT: N. 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. RESPONSE: Should a Unified Impact Fees be adopted, Applicant understands that the subject property may be affected. REQUIREMENT: O. An annual progress report shall be submitted to the Planning Director prior to the anniversary date ofthe effective date ofthis Change ofZone amendment. 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 complied and the Planning Director acknowledges that further reports are not required. Virginia Goldstein Planning Director May 4, 2000 Page 10 RESPONSE: Incompliance with the foregoing condition, Applicant submits herein its Year 2000 annual report. REOUTREMENT: P. An extension of time for 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 applicant, 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 the Zoning Code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the permit; (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 subst~mtially complied within a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. RESPONSE: Pursuant to the foregoing condition, Applicant is submitting under separate cover a request to the Planning Director for an administrative time extension of one year to comply with Condition C above, more specifically, a one year extension of time until May 4, 2001, in which to submit revised tentative subdivision plans for the proposed development. Virginia Goldstein Planning Director May 4, 2000 Page 11 Thank you 'For the opportunity to present this annual report on behalf of applicant Yualant I?states, lnc,/Internaliunal Assess, Lid. Please fcel fiee lu c.wntact art; al S r;GA9, eh~ •i:49 you have any questions concerning the foregoing discussion. Vert truly your, CARLSMITH BALL STEVEN S. . LIM SSCL:JEC fc: Grant Johnston Robert West Robert Triantos, Esq. • o~ r~rgr s..`-._._•_i; 3, Sul°:.: e~ u DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o~~ii ~~i 25 AUPU NI STREET HILO, HAWAII 96720 e~w~1`. TELEPHONE (BOB) 9519660 FAX (806) 961-8fi 57 December 29, 1998 r 10: Planning ueparuuerlt FROM: Milton G. Pavan, Manager SUBJECT: TIME EXTENSION REQUEST SUBDIVISION APPLICATION N0. 90-143 APPLICANT - PUALANI ESTATES. INC. TAX MAP KEY 7-b-017:02H AND PORTION OF 029 This is a follow-up on our memorandum of December 10. 1998 to you. Please be informed that thE~ applicant has executed a final settlement with the Water Commission. The facilities charge of 8543.600.00 for 302 units was paid in full for Increment I of Pualani Est~3tes Subdivision. Further, development beyond the 302 units shall be subject to the prevailing facilities charges at the time of development. With this in mind, we have no objections to the subject request. and final subdivision approval is subject to the developer complying with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited tc: a. onsite and ofisite concrete reservoirs meeting maximum day consumption and fire-flow rates. b. booster pump stations meeting maximum day consumption rates. c. onsite and ofFsite water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions, d. service laterals that will accommodate a 5/8-inch meter to each lot, e. installation of a backflow preventer (reduced pressure type) for lots within flood zone areas. and ~~r i- Planning Department Page 2 December 29. 1998 f. fire hydrants spaced not more than 600 feet apart. Submit installation plans prepared by a professional engineer. regist?red ire the State of Hawaii, for review and approval. 2. Obtain prior approval of construction plans and subdivision approvals for offsite storage reservoirs and booster pump station sites. 3. Prior to preliminary plat map approval for the proposed 407-lot subdivision, the developer must remit the prevailing facilities charge, which is subject to change, of 8354.375.00 to effectuate the water commitments for the additional l0~ units in accordance with the Kealakekua Source Agreement. The applicant should be aware that they are responsible to also pay the difference of facilities charges at time of completion should the Water Commission approve a rate increase in the future. 4. Suf~it the appropriate documents, properly prepared and executed, to convey the wai~r system improvements and necessary easements to the Water Commission of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance document. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Commission. 5. Comply with all other applicable policies and requirements of the Department's Rules and Regulations and the Kealakekua Source Agreement. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions. policies, and Rules and Regulations. i ~ Milton D. Pavao, P.E. Manager WA:gms copy - Steven S.C. Lim, Esq.~~~ Robert D. Triantos. Esq.