HomeMy WebLinkAboutCOM 0408.000 1998-2000 ~sr a M Virginia Goldstein
Stephen K. Yamashiro `~S`' ~!o Dirccrnr
Mayor Russell Kokubun
Deputy Director
~~T~ OF M~~'
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August 5, 1999 PLANNING DEPARTMENT
25 Aupuni Slreeq Room 109 • Hiio, Hawaii 96720-0252
(808) 961.8288 • Fes (608) 961-8742
Mr. Steven S.C. Lim, Esq.
Carlsmith Ball
co
Attorneys at Law ~n ~
121 Waianuenue Avenue c Q ~
Hilo, Hawaii 96720 ~ C• ~T
rn ~
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Dear Mr. Lim: ~ -
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. _
Special Management Area (SMA) Use Permit (SMA 381) ~
Change of Zone Ordinance 98-30 (REZ 882) = ~
Applicant: Kamehameha Investment Corporation
Subject: Annual Progress Report -Compliance with Condition No. 10 (SMA)
and Condition S (REZ)
Tax Map Key 7-8-10'2 tea 53~
This is to acknowledge receipt of your letters dated July 2, 1999, submitting the annual progress
report for SMA Use Permit No. 381 and Change of Zone Ordinance No. 98-30.
Thank you for complying with these requirements.
For your information, the next annual report for both SMA Use Permit No. 381 and Change of
Zone Ordinance No. 98-30, shall be due on or before April 14, 2000.
Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis
Fujimoto of this department at 961-8288.
Sincerely,
~IRGII~IIA GOLDSTEIN
(///Planning Director
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Comm. No. ~ O 8
File No. ZNG KN
Ref. To• -
Ref. Date ~ 6 1~
Mr. Steven S.C. Lim, Esq.
Carlsmith Ball
Page 2
August 5, 1999
cc w/Itrs: ^'County Council
West Hawaii Office
CARLSMITH BALL
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAtANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0686
TELEPHONE (80fi) 935-fifi44
FAX (808) 935-7975
DIRECT DIAL NO. OUR REFERENCE NO.
(808)935-6844 037758-7
W W W.CARLSMITH.COM
P
July 2, 1999
Virginia Goldstein -
Planning Director
Planning Department "
County of Hawaii
25 Aupuni Street _ ~ ;
Hilo, Hawaii 96720
Re: Annual Report -Ordinance No. 98-30 (REZ 95-18)
Applicant: Kamehameha Investment Corporation
Request: Unplanned/A-Sa to RS-10, RM-2, RM-3.5, RM-5.5 and Open
Tax Map Key: 7-8-10:portion of 2 (Area 53)
Dear Ms. Goldstein:
Ordinance No. 98-30 enacted on April 14, 1998, rezoned tax map key parcel 7-
8-l0:portion of 2, situate at Kahaluu, North Kona, from Unplanned (U) and Agricultural (A-Sa)
to Single-Family Residential (RS-10), Multiple-Family Residential (RM-2, RM-3.5, RM-5.5)
and Open (O) district classifications.
Pursuant to Condition S of Ordinance No. 98-30, applicant Kamehameha
Investment Corporation (hereinafter the "Applicant") submits its 1999 annual report for the
subject project, outlining its compliance with the substantive conditions of rezoning approval
and listing in order the governmental "Condition" and Applicant's "Response" to the same.
Status of Development
As you are aware, Applicant is undergoing internal reorganization efforts, and,
as a result, development of a master plan for the residential community contemplated for the
subject property must await completion of reorganization efforts. However, Applicant is
hopeful that a master plan concept can be developed within the next twelve to eighteen months.
In the event that Applicant requires a time extension to comply with any of the conditions
contained in the subject rezoning ordinance, Applicant will apply for the same pursuant to
Condition T below.
2007962.1.037756-7
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY
Virginia Goldstein
Planning Director
July 2, 1999
Page 2
Condition A: The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
onse: Applicant will comply with the foregoing condition.
Condition B: The applicant, successors or assigns shall be responsible for complying with all
of the conditions of approval of the Special Management Area Use Permit for
the subject property.
s onse: Applicant will comply with the foregoing condition.
Condition C: Within three (3) yeazs from the enactment of this ordinance, the applicant shall
provide assurance satisfactory to the Department of Water Supply and the
Planning Director, upon consultation with the State Department of Health and
the State Department of Land and Natural Resources, that a water source(s) of
sufficient quality and quantity can be established. The effective date of the
changes in district classification(s) shall be the date on which the Planning
Director has certified such assurances to be satisfactory. Such satisfactory
assurance can be met by the actual drilling and testing of a well site of the water
source or by the submittal of a hydrological study certifying that a water
source(s) of sufficient quality and quantity can be established at the designated
location(s). The actual development of the water source and its water
transmission and distribution system shall be developed in conjunction with the
subdivision approval process. Residential building permits shall not be issued
until the approved water source is developed and its transmission and
distribution system for such source to the subject property has been constructed.
Residential building permits may be issued for model home complexes, provided
that such model homes shall not be occupied until the approved water source is
developed.
Response: Applicant will comply with the foregoing condition.
Condition D: Final Subdivision Approval for the residential subdivision and Final Plan
Approval for the multiple family residential development for Phase I shall be
secured within five (5) years from the effective date of the rezoning as
determined in Condition C of this ordinance. Prior to commencing construction
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 3
for any of the proposed multiple family residential development, Final Plan
Approval shall be secured from the Planning Department in accordance with
Chapter 2S Division 7 of the ~otung Code relating to Plan Approval. A master
plan and development schedule of the entire proposed development within the
subject property shall be submitted with plans for subdivision review for Phase
I.
Response: Applicant will comply with the foregoing condition.
Condition E: Restrictive covenants in the deeds of all proposed residential lots within the
subject property shall prohibit the construction of a second dwelling unit on each
lot. A copy of the proposed covenants to be recorded with the Bureau of
Conveyances shall be submitted with the plans for subdivision to the Planning
Director for review and approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances in conjunction with the issuance of Final
Subdivision Approval.
Response: Applicant will comply with the foregoing condition.
Condition F: Access(es) and intersection roadway improvements to the subject property from
Kamehameha III Road and Alii Highway and any improvements within
Kamehameha III Road and Alii Highway shall be constructed meeting with the
requirements and approval of the Department of Public Works. In conjunction
with Final Subdivision Approval for the corresponding phases of the
development within the subject property, the applicant shall complete the
following roadway improvements, when warranted by traffic studies conducted
in coordination with the Department of Public Works.
(1) Traffic signalization improvements shall be installed for the intersection
of Kamehameha III Road and Keali'i Street.
(2) Left turn lanes shall be constructed within Kamehameha III Road at
Mauka Access Roads I and II into the subject property.
Response: Applicant will comply with the foregoing condition.
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 4
Condition G: Upon the determination of the required right-of--way for the Alii Highway
project and the completion of the right-of-way subdivision(s) for such roadway
portion, the applicant shall dedicate such right-of--way portion in fee simple to
the County upon its request. The applicant shall make its fair share contribution
for the proposed Alii Highway project.
Response: Applicant will comply with the foregoing condition.
Condition H: Roadway connection(s) to the adjoining pazcel of the subject property's northern
boundazy shall be provided, if such subdivision roads are dedicated to the
County, in a manner as required by the Planning Department in consultation
with the Department of Public Works, and shall be delineated on the fmal
subdivision plat map for the subject property.
onset Applicant will comply with the foregoing condition.
Condition I: All roadways within the proposed subdivision shall be constructed in a manner
as required by the Planning Department in consultation with the Department of
Public Works.
Response: Applicant will comply with the foregoing condition.
Condition J: A drainage study of the subject property, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed or
bonded meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
Resnonse: Applicant will comply with the foregoing condition.
Condition K: The applicant, successors or assigns shall submit a Solid Waste Management Plan
for the development to the Department of Public Works for review and approval
prior to securing Final Subdivision Approval. A copy of the approved Plan shall
be submitted to the Planning Department for its files.
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 5
Response: Applicant will comply with the foregoing condition.
Condition L: To ensure that the goals and policies of the Housing Element of the General Plan
aze implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code, relating to Affordable Housing.
Response: Applicant will comply with the foregoing condition.
Condition M: An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for
the review and approval by the Planning Director in consultation with the
Department of Land and Natural Resources-Historic Preservation Division (DLNR-
HPD) and a cultural advisory committee composed of members of the community,
including but not limited to representatives from the Kona Hawaiian Civic Club, Na
`Opio O Kahalu'u and the Office of Hawaiian Affairs. Proposed mitigation
treatment (preservation in place or disintermenUreintemlent) for burial sites within
the subject property shall be approved by the Historic Preservation Division's
Hawaii Island Burial Council before detailed mitigation plans aze finalized for thes e
sites. A copy of the approved Final Archaeological Data Recovery Plan and
Preservation Plan shall be submitted to the Planning Director for its files prior to
submitting plans for subdivision review and prior to any approval for any land
alteration pemuts. An interpretation mitigation plan which shall include buffer
zones, signage and long-range preservation concerns shall be submitted to the
Planning Director prior to Final Subdivision Approval.
n e: Applicant will comply with the foregoing condition.
Condition N: Should any unidentified sites or remains such as artifacts, bone or chazcoal deposits,
human burials, rock or coral alignments, pavings or walls, terraces, platforms, or
marine shell concentrations be encountered, work in the immediate azea s hall cease
and the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon
an archaeological cleazance from the DLNR-HPD when sufficient mitigative
measures have been taken.
Response: Applicant will comply with the foregoing condition.
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 6
Condition O: The applicant shall make its fair shaze contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share contribution
shall be the sum which is the product of multiplying the number of residential lots
proposed to be subdivided by the amounts allocated hereinbelow for each such lot,
and shall become due and payable prior to final subdivision approval for any
portion of the subject property or its increments. If the subject property is
subdivided in two or more increments, the amount of the fair share contribution due
and payable prior to final subdivision approval of each increment shall be a sum
calculated in the same manner according to the number of proposed residential lots
in each such increment. The fair shaze contribution, in a form of cash, land,
facilities or any combination thereof acceptable to the Director in consultation with
the affected agencies, shall be determined by the County Council. The fair shaze
contribution shall have a maximum combined value of $4,645.29 per multipie-
family residential unit and $7,239.16 per single-family residential unit. Based
upon the applicant's representation of intent to develop up to 976 residential units,
the indicated total of fair share contribution is $3,590,809.17 for multiple-family
residential units and $1,469,549.48 for single-family residential units, whichever
is applicable. However, the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and payment
provisions set forth in this Condition O. The fair shaze contribution shall be
allocated as follows:
1. $2,291.39 per multiple-family residential unit for an indicated total of
1,771,224.47 and $3,490.85 per single-family residential unit for an
indicated total of $708,642.55 to the County to support pazk and
recreational improvements and facilities within the Kahalu'u-Keauhou
districts to include, without limitation, improvements to Kahalu'u Beach
Pazk;
2. $72.42 per multiple-family residential unit for an indicated total of
$55,980.66 and $168.40 per single-family residential unit for an indicated
total of $34,185.20 to the County to support police facilities;
3. $222.77 per multiple-family residential unit for an indicated total of
$172,201.21 and $332.61 per single-family residential unit for an indicated
total of $67,519.83 to the County to support fire facilities;
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 7
4. $99.29 per multiple-family residential unit for an indicated total of
$76,751.17 and $145.62 per single-family residential unit for an indicated
total of $29,560.86 to•the County to support solid waste facilities; and
5. $1,959.42 per multiple-family residential unit for an indicated total of
$1,514,631.66 and $3,101.68 per single-family residential unit for an
indicated total of $629,641.04 to the State or County to support road and
traffic improvements.
The fair share contributions described above shall be adjusted annually beginning
three yeazs after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). Any fair shaze contributions
paid by the applicant shall be expended within the region impacted by the proposed
development, subject to the approval of the Director.
In lieu of paying the fair share contribution, the applicant may construct and
contribute improvements/facilities related to pazks and recreation, fire, police, solid
waste disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the Director. The cost of providing and
constructing the improvements required in Conditions F and G shall be credited
against the sum specified in Condition O(5) for road and traffic improvements. For
purposes of administering Condition O, the fair mazket value of land contributed
or the cost of any improvements required or made in lieu of the fair shaze
contribution shall be subject to review and approval of the Director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
Director, the Director shall submit a final report to the Council for its information
that identifies the specific approved fair shaze and/or in lieu contributions, as
allocated, and further implementation requirements.
n e: Applicant will comply with the foregoing condition.
Condition P: 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 towazds the requirements of the Unified Impact Fees
Ordinance.
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 8
' Response: Applicant will comply with the foregoing condition.
Condition O: In lieu of actual construction of infrastructural improvements as conditioned above ,
the applicant may enter into an agreement with the Planning Director and the
Department of Public Works and the Department of Water Supply, if applicable,
to assure the County that the infrastructural improvements will be constructed
together with the appropriate bond, surety or other security deemed acceptable to
the Planning Dtrector and the Corporation Counsel. Upon execution of such
agreement and/or filing of the security with the County, if applicable, Final
Subdivision Approval for the subject property or portions thereof may be granted
prior to the actual construction of required infrastructural improvements unless
otherwise restricted herein.
Response: Applicant will comply with the foregoing condition.
Condition R: The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed development within
the subject property, including the Department of Health.
nse: Applicant will comply with the foregoing condition.
Condition S: An annual progress report shall be submitted to the Planning Duector prior to the
anniversary date of the approval of the 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.
nse: In compliance with the foregoing condition, Applicant submits herein its 1999
annual progress report to the Planning Director.
Condition T: An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
2007962.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 9
' I. The non-performance is the result of conditions that could not have been
foreseen or aze beyond the control of the applicants, its successors or
assigns, and that aze trot 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 yeaz may be extended for up to one additional yeaz).
Response: Applicant will comply with the foregoing condition, should a time extension be
required for compliance with any of the conditions of rezoning set forth herein.
Condition U: Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area to its
original or more appropriate designation.
Response: Applicant acknowledges the foregoing condition.
Thank you for the opportunity to present this annual report on behalf of applicant
Kamehameha Investment Corporation. Please feel free to contact me at 935-6644, should you
have any questions concerning the foregoing discussion.
Very truly yours,
CARLSMITH BALL
STEVEN S. . L
SSL:JEC
cc: Louis Kau
Joe Spencer/John Rocha
2007962.1.037756-7
CARLSMITH BALL
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0686
TELEPHONE (908) 935-664!
FAX (909) 935-7975
• DIRECT DIAL NO. OUR REFERENCE NO.
(809)935-8844 037759-7
W W W.CARLSMITH.COM
July 2, 1999
Virginia Goldstein
Planning Director Y
Planning Department
County of Hawaii
25 Aupuni Street -
Hilo, Hawaii 96720
Re: Annual Report -Special Management Area Use Permit (SMA 95-4) ,
Applicant: Kamehameha Investment Corporation -
Request: Development of aMaster-Planned Residential Community
to Consist of Approximately 203 Single-Family Residential Units,
773 Multiple-Family Residential Units and Related Improvements
Tax Map Key: 7-8-10:portion of 2 (Area 53)
Dear Ms. Goldstein:
Special Management Area Use (SMA) Permit No. 381 issued on December 16,
1997, approved development of the above-described master-planned residential community
within tax map key pazcel 7-8-10:portion of 2, situate at Keauhou, North Kona, Hawaii.
Pursuant to Condition 10 of SMA Permit No. 381, applicant Kamehameha
Investment Corporation (hereinafrer the "Applicant") submits its 1999 annual report for the
subject project, outlining its compliance with the substantive conditions of rezoning approval
and listing in order the governmental "Condition" and Applicant's "Response" to the same.
Status of Development
As you aze awaze, Applicant is undergoing internal reorganization efforts, and,
as a result, development of a master plan for the residential community contemplated for the
subject property must await completion of reorganization efforts. However, Applicant is
hopeful that a master plan concept can be developed within the next twelve to eighteen months.
In the event that Applicant requires a time extension to comply with any of the conditions
contained in the subject rezoning ordinance, Applicant will apply for the same pursuant to
Condition 11 below.
2007966.1.037756-7 4iij~. ~
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY
Virginia Goldstein
Planning Director
July 2, 1999
Page 2
' Condition 1: The applicant, its successor or assigns shall be responsible for complying with
all stated conditions of approval.
Response: Applicant will comply with the foregoing condition.
Condition 2: The effective date of this Special Management Area Use Permit shall be the
effective date of the Change of Zone ordinance. Should the SMA boundaries be
amended so that the subject property is no longer within the SMA, then this
permit shall be null and void.
Response: Applicant acknowledges the foregoing condition.
Condition 3: The applicant, its successors or assigns shall be responsible for complying with
all conditions of approval of the Change of Zone Ordinance.
Response: Applicant will comply with the foregoing condition.
Condition 4: A drainage study of the subject property, if required, shall be prepazed for
review and approval by the Department of Public Works prior to submittal of
plans for subdivision review. Drainage improvements, if required, shall be
constructed or bonded meeting with the approval of the Department of Public
Works prior to the issuance of Final Subdivision Approval.
es o e: Applicant will comply with the foregoing condition.
Condition 5: The applicant, its successors or assigns shall submit a Solid Waste Management
Plan for the development to the Department of Public Works for review and
approval prior to securing Final Subdivision Approval. A copy of the approved
Plan shall be submitted to the Planning Department for its files.
Response: Applicant will comply with the foregoing condition.
2007966.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 3
Condition 6: Sewer lines shall be installed within the development to tie in with the Heeia
Wastewater Treatment Plan, meeting with the approval of the Departrnent of
Public Works and prior to issuance of a certificate of occupancy.
Response: Applicant will comply with the foregoing condition.
Condition 7: An Archaeological Data Recovery Plan and Preservation Plan shall be submitted
for the review and approval by the Planning Director in consultation with the
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD). Proposed mitigation treatment (preservation in place or
disintetittenUreintetment) for burial sites within the subject property shall be
approved by the Historic Preservation Division's Hawaii Island Burial Council
before detailed mitigation plans aze finalized for these sites. A copy of the
approved Final Archaeological Data Recovery Plan and Preservation Plan shall
be submitted to the Planning Director for its files prior to submitting plans for
subdivision review and prior to any approval for any land alteration permits. An
interpretation/mitigation plan which shall include buffer zones, signage and
long-range preservation concerns shall be submitted to the Planning Director
prior to Final Subdivision Approval.
Response: Applicant will comply with the foregoing condition.
Condition 8: Should any remains of historic sites, such as rock walls, terraces, platforms,
mazine shell concentrations or human burials, be encountered, work in the
immediate azea shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it fmds that sufficient mitigative measures have been taken.
Response: Applicant will comply with the foregoing condition.
Condition 9: Comply with applicable laws, rules, regulations and requirements of other
affected agencies for approval of the proposed development within the subject
property, including the Department of Health.
Response: Applicant will comply with the foregoing condition.
2007966. ] .037756-7
Virginia Goldstein
Platming Director
July 2, 1999
Page 4
Condition 10: An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval of the permit. The report shall include, but
not be limited to, the status of the development and to what extent the conditions
of approval aze 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.
ResQonse: In compliance with the foregoing condition, Applicant submits herein its 1999
annual progress report to the Planning Director.
Condition 11: An initial extension of time for the performance of conditions within the permit
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, its successors or
assigns, and that aze not the result of their fault or negligence.
2. Granting of the time extension would not be contrazy 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 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).
es o e: Applicant will comply with the foregoing condition, should a time extension be
required for compliance with any of the conditions of rezoning set forth herein.
2007966.1.037756-7
Virginia Goldstein
Planning Director
July 2, 1999
Page 5
Thank you for the opportunity to present this annual report on behalf of
applicant Kamehameha Investment Corporation. Please feel free to contact me at 935-6644,
should you have any questions concerning the foregoing discussion.
Very truly yours,
CARLSMITH BALL
G%s -
STEVEN S. . L M
SSL:JEC
cc: Louis Kau
Joe Spencer
John Rocha
2007966.1.037756-7