Loading...
HomeMy WebLinkAboutCOM 0142.000 1998-2000 pt± or N Virginia Goldstein ~ Director Stephen K, Yamashiro , Mul'nr + Russell Kokubun • ~ Deputy Direcor - '+r•i;~'w~'M J ~ . ~IIll2t~kt II~ ~?I~lttttY February 5, 1999 PLANNING DEPARTMENT- 25 Aupuni Stree[, Room 109 • Hib, Hawaii 96720-0252 (808) 961.8288 • Fax (808) 961.6742 Ms. Anne L. Mapes Belt Collins Hawaii Ltd. 680 Ala Moana Boulevard, First Floor Honolulu, Hawau 96813-5406 Deaz Ms. Mapes: Special Management Area (SMA) Use Permit Nos. 271, 272 and 348 Change of Zone Ordinance No. 88-157 (REZ 608) Applicant: Kaupulehu Makai Venture Subject: Annual Progress Report TaK 1\~ap hey 10.1 2 4 5 8 9. 7-2-I1. 1-18. 7-2-12. 1-15 a_nd 17-28 This is to acknowledge receipt of your annual progress report covering the status of development for the above-referenced SMA Use Permits and Change of Zone Ordinance No. 88-157. Thank you for complying with this requirement. We apologize for the delay in providing a response. By copy of this letter, we aze forwarding your SMA Use Permit Annual Reports to the Planning Commission for their information. By copy of this letter, we are also forwazding the Change of Zone Annual Report to the Planning Commission and County Council for their information. Should you have any questions regazding this matter, please contact Susan Gagorik or Phyllis Fujimoto at 961-8288. Sincerely, Vti vr~A S~h~h Planning Direct SG:gp E\wpwin60\susanUkaupu0l.skg Comm. No. N;l~ N,.. N FEB 1 I) 1999 Ref. Uwlc Ms. Anne L. Mapes Belt Collins Hawaii Ltd. Page 2 February 5, 1999 cc w/reports: Planning Commission .,bounty Council West Hawaii Office I BELT COLLINS j November ~1©, 1998 ` 98P-339 Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street ti Hilo, Hawaii 96720 _ Dear Ms. Goldstein: ~ Hualalai at Historic Kaupulehu SMA User Permit Nos. 271, 272, and 348 Change of Zone Ord. No. 88-157 Kaupulehu, North Kona, Hawaii TMK: 7-2-10: 1, 2, 4, 5, 8 & 9; 7-2-11: 1 to 18; 7-2-12: 1 to 15 & 17 to 28 On behalf of Kaupulehu Makai Venture (KMV), submitted herewith are annual progress reports of the project's status, in compliance with Condition 26 of SMA Nos. 271 and 272, Condition 8 of SMA No. 348, and Condition O of Zoning Ordinance No. 88- 157. It appears that annual reports have not been filed in previous years for KMV or the predecessor project developer, and therefore this current filing includes progress to date. Please let me know if you have any questions or require additional information. Sincerely, BELT COLLINS HAWAII LTD. . a . Anne L. Mapes EK:If cc: Mr. Richard Albrecht Mr. R. Ben Tsukazaki Attachments ®1043 BELT COLLINS HAWAII LTD. • 680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 968 U-5406 U.S.A. TEL: 808 52 L8361 FAX: 808 538-7819 EMAIL: hawaii®beltmllinswm WEB: www.bel¢ollins.wm PLANNING ENGINEERING LANDSCAPE ARCHITECTURE ENVIRONMENTAL CONSULTING HAWAII SINGAPORE HONG KONG AUSTRALIA THAILAND • MALAYSIA PHILIPPINES • GUAM • FLORIDA • SEATTLE Change of Zone Ord. 88-157 Annual Progress Report - 1998 The conditions of approval and status are as follows: (A) the applicant, successors or its assigns shall comply with all of the stated conditions of approval; Response: Kaupulehu Malcai Venture (KMV) will continue to comply with all stated conditions of approval. (B) a determination that the adequacy of potable water can be met for the various zoned districts or a specified increment thereof shall be made in the following manner: (1) a detailed water resource management plan shall be submitted to and accepted by the Planning Director in consultation with the Department of Water Supply and the State Department of Health. Said plan shall include, but not be limited to, hydrological study(ies) of water source(s); location of the well(s) or point of diversion; quantity and quality of water; dependability and sustainable yield of the identified source(s); a calculation of water demand based on maximum density permitted or total land azea of the zoned district; projected maximum water consumption for domestic, commercial, industrial and fire protection purposes of the proposed development or specified increment; location of proposed water system, water storage, pumps and transmission lines; reporting schedule and operational procedures; (2) following the acceptance of a water resource management plan, an agreement, which has been approved by the Department of Water Supply, the Planning Director and Corporation Counsel, shall be executed with the County of Hawaii prior to the issuance of final subdivision approval to assure implementation of the accepted water resource management plan; Response: The Department of Water Supply approved the water resource management plan in 1995. An agreement was executed with Hawaii County before final subdivision approval. (C) a 150-foot wide planting easement adjacent to and along Queen Kaahumanu Highway throughout the length of the properties, exclusive of roadway access, shall be set aside and delineated on subdivision plans submitted for the affected azea. Landscaping plans shall be submitted and approved by the Planning Director in conjunction with the review of construction plans for subdivision improvements; Response: The 150-foot-wide planting easement is shown on the approved plat map (FP2180). Landscaping plans will be submitted at the time of further subdivision of land adjacent to the planting easement. (D) fully channelized intersection improvements, including but not limited to deceleration, acceleration and left-tum storage lanes, traffic lights and/or an overpass or underpass, if required, 1 shall be provided at the intersection of Queen Kaahumanu Highway and a proposed main resort entry road meeting with the approval of the State Department of Transportation, Highways Division, prior to the opening of the proposed hotel. These improvements may be provided jointly with adjoining property owners; Response: Design of a fully-channelized intersection at Queen Kaahumanu Highway was approved by the State Department of Transportation (DOT) by letter dated March 30, 1994. In 1995, the intersection was constructed. (E) a traffic monitoring program at the intersection with Queen Kaahumanu Highway shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving final plan approval for any portion of the proposed development. If additional intersection improvements such as a fully charmelized intersection with acceleration/deceleration lanes, signal lights and/or an underpass or overpass, aze required as determined by the findings of subsequent monitoring and analysis, the applicant shall provide the improvements in accordance with the requirements of the State Department of Transportation, Highways Division. These improvements may be provided jointly with adjoining properly owners; Response: The traffic monitoring program was approved by DOT Highways. (F) all roadways within the proposed development shall be constructed in accordance with the requirements of the Department of Public Works. Curbs, gutters and sidewalks may be required to be constructed in azeas of likely pedestrian traffic as determined by the Chief Engineer and the Planning Director; Response: Roadways have been constructed to Resort Road standards of the Hawaii County Code. Variations from the standards have been approved through the PUD process. Any future variations will also be sought through the PUD process. (G) a roadway connection to the adjacent property along the southwestern boundary shall be provided meeting with the approval of the Department of Public Works; Response: A roadway connection to the adjacent property is shown on the approved plat map (File Plan 2180). (H) no lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation. Other access to the proposed lots shall be from the interior roadways; Response: KMV will continue to comply. Access to developed lots are from interior roadways. Access to Queen Kaahumanu Highway is via the new channelized intersection approved by the State Department of Transportation. 2 (I) a drainage system shall be installed meeting with the approval of the Department of Public Works; Response: Drainage systems for constructed projects at Hualalai were approved by the Department of Public Works. When other projects are developed in the future, KMV will seek approval from the Department for associated drainage systems. (1) all residential, commercial and hotel units and uses shall be connected to a secondary sewage treatment plant, public or private, meeting with the approval of the appropriate governmental agencies. The secondary sewage treatment plant shall have astand-by generator to operate the plant in the event of an electrical power outage; Response: Current residential, commercial, and hotel uses are connected to a sewage treatment plant with a standby generator. (K) the applicant, successors or assigns shall be responsible for satisfying an affordable housing requirement which is being assessed on both the resort and residential components of the proposed project. A maximum of four hundred eighteen (418) affordable units will be required to address the needs generated by the one thousand fifty eight (1,058) resort/hotel units currently being proposed. A maximum of three hundred (300) affordable units will be required for the residential component of the project based on 60% of the total number of residential units being proposed. The total affordable housing requiremem being assessed, based on the current develop- ment scenario, will be a maximum of seven hundred eighteen (718) affordable units. These afford- able housing units may be provided on or off the project site. The actual number of affordable units required may increase or decrease proportionally along with the actual number of resort and residential units developed by the applicant. Stated in 1988 dollazs and subject to adjustment for inflation, the dollaz value equivalent of the affordable housing requirement involving seven hundred eighteen (718) affordable units shall be a maximum of five million seven hundred seventy-one thousand five hundred twenty dollazs ($5,771,520). This value may be adjusted annually on the effective date of the change of zone ordinance by the Planning Director in consultation with the Office of Housing and Community Development based on mutually acceptable cost indices. The affordable housing requirement shall be implemented concurrently with the completion of units for the resort/residential project. If an affordable housing demand, or portion thereof, does not exist at the time a particulaz phase of a resort is ready to be developed, the requirement may be deferred and the phase of resort development allowed to be developed. An in lieu payment may be made in cash, through the provisions of services, or by other accept- able means to satisfy the affordable housing condition. The method of satisfying the affordable housing requirement must be approved by the County Housing Agency, subsequent to review and recommendation by the Office of Housing and Community Development, prior to the issuance of Final Plan Approval for any phase or increment of the proposed resort/residential development. Affordable units provided to satisfy the requirements of these conditions shall, as a guide, utilize the following distribution: 17% affordable to families earning less than 80% of the median family income; 33% affordable to families earning between 80% to 120% of median 3 family income; 50% affordable to families earning between 120% to 140% of median family income; Response: Kaupulehu Developments, a Hawaii general partnership, obtained rezoning under Ordinance No. 88-157 and entered into an agreement with the County of Hawaii on February 12, 1990 for the satisfaction of this condition. This agreement was subse- quently amended on October 8, 1991. Project development was thereafter substantially delayed because of financial difficulties. When construction resumed in 1994, the supply of affordable housing had increased since the time of the original agreement. Kaupulehu Makai Venture (KMV), which had succeeded to the interests of Kaupulehu Develop- ments, proposed a housing subsidy program for employees of the resort in lieu of a program to construct more units. On June 16,1998, the County Housing Agency approved an implementation plan which satisfies this condition through a new affordable housing policy (Ordinance No. 98-1). The implementation plan provides for housing subsidies to be awarded to Hualalai Resort employees who qualify under the affordable housing income guidelines of the County of Hawaii. The implementation plan has commenced with an initial survey of resort employees, and applications for housing subsidies are expected before the end of the year. (L) an intensive azchaeological survey and mitigation plan shall be submitted to the Planning Department for review and approval at the time of plan approval review and/or prior to any land prepazation activity being conducted on the property; Response: The intensive archaeological survey and mitigation plan has been approved by the Planning Department. (M) should any unanticipated azchaeological sites be uncovered during land preparation activity, work within the affected area shall cease and the Planning Director shall be immediately notified. Work within the affected azea shall not resume until clearance is obtained from the Planning Director; Response: No unanticipated archaeological sites have been uncovered during land disturbances. Work will cease if any archaeological sites are found during future construction. (N) plans for the hotel and related improvement shall be submitted to the Planning Department for plan approval review within one yeaz from the effective date of this ordinance. Construction shall commence within one year from the date of receipt of final plan approval and be completed within three yeazs thereafter; Response: Plans for the Four Season Hotel (SMA 271) were submitted for plan approval review and construction started within one year of final plan approval in 1991. Subsequently, a plan approval was issued on August 17, 1993 fora 250-room, low-rise 4 hotel plan. A building permit for the revised hotel was issued in 1995 and construction was completed in 1996. (O) a water quality and marine life monitoring and mitigation plan shall be submitted to and approved by the Planning Department prior to the issuance of a grading permit and/or prior to any land prepazation activity being conducted on the golf course and hotel sites; Response: A water quality and marine life monitoring plan was approved by the Planning Department and the applicant is complying with specifics of the monitoring plan. (P) an anchialine pond management plan shall be submitted to and approved by the Planning Director within one yeaz from the effective date of the ordinance or prior to conducting any land prepazation activity in the affected azea, whichever occurs first; Response: The anchialine pond monitoring plan was approved by the Planning Department. In 1996, an updated plan was approved by the Planning Department. (Q) two mauka-makai public accesses shall be provided. A lateral public access throughout the length of the property shall also be provided. One public shoreline pazking stall for every 10 hotel and residential units and restroom/shower facilities shall be provided at each mauka-makai access concurrently with the development of the first hotel or residential development. An easement shall be recorded with the State Bureau of Conveyances for both the public accesses and pazking azeas. The location, time of construction and/or availability, restrictions or uses, signage and related improvements for the public shoreline accesses and pazking azeas shall be approved by the Planning Department. Best efforts shall be used to secure the necessary governmental permits for the development of a swimming beach at a location between the two hotel sites on the subject property; Response: On December 8, 1997, the Planning Department formally approved the Hualalai at Historic Kaupulehu Final Comprehensive Public Access Plan. Easements for public access and parking have been recorded with the Bureau of Conveyance. Swimming beaches along the shoreline have been established following the approval of a Corps of Engineers permit on June 20, 1996, Conservation District Use permit on November 18, 1994, and CZM certificate of compliance on May 24,1996. (R) a construction housing mitigation plan shall be submitted to the Planning Department for review and approval prior to the issuance of final plan approval of the proposed hotel. The plan shall include a regulaz reporting schedule to allow the Planning Department to monitor the construction housing impact; Response: A construction housing mitigation plan was approved for the Four Seasons Hotel (SMA271). 5 (S) no improvement, unless otherwise exempted by law, shall be allowed within the 40-foot shoreline setback area unless a Shoreline Setback Variance has been applied for and granted by the Planning Commission; Response: Improvements in the 40-foot setback are consistent with the Shoreline Setback Variance granted on June 27, 1989. (T) all applicable conditions of Shoreline Management Area Use Permit Nos. 271 and 272 shall be complied with; Response: KMV will continue to comply with applicable conditions of SMA 271 and 272. (U) all other applicable laws, rules, regulations and requirements, including those of the Department of Water Supply shall be complied with; Response: ICMV will continue to comply with applicable laws, rules, regulations, and requirements. (V) an annual progress report shall be submitted to the Planning Duector prior to the anniversary date of the effective date of zone change. 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 with and the Planning Director acknowledges that further reports are not required; Response: This constitutes the annual report of the project's status. (W) 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 selection, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and, Response: HIVIV will consider this option should the Council adopt a Unified Impact Fees Ordinance. (X) 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 the 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; and 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 yeaz may be extended for up to one additional yeaz); and, 5) if the applicant should require an additional 6 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 may initiate re2oning of the azea to its original or to a more appropriate designation. Response: KMV understands that the Planning Director may grant extensions for periods not to exceed originally granted time periods. 7