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HomeMy WebLinkAboutCOM 0616.000 1998-2000 4o~Y!:.~~!!ghq, Virginia Goldstein Stephen K. Yamashiro ~lJ~,;• Director Mayor ~ Russell Kokubun Deputy Director gt••o'~H C~uixnt~r of ~tt~rttti PLANNING DEPARTMENT 25 Aupuni Street, Zoom 109 • Hilo, Hawaii 96720-4252 C~ (808) 961-8288 • Fax (8081961-8742 U ~7 c_ i = 9 i January 5, 2000 a~ Mr. James McCully McCully Works o P. O. Box 355 Hakalau, HI 96710 Dear Mr. McCully: Change of Zone Ordinance No. 97-67 (REZ 855) Applicant: James McCully Subject: Progress Report Tax Map Key' 1-6-03: Portion of 5 This is to acknowledge receipt of your progress report on your proposed development of the subject property as planned for TMK: 1-6-03: Portion of 5. Thank you for informing us of the status of your development. Condition C requires that documentation be submitted to our department when the right-of--entry has been secured over the private roadway adjacent to Milo Street. Understandably, the roadway lot has been conveyed to the State due to the Keaau By-Pass Road. In your letter, you mention that you had received the right-of--entry from W.H. Shipman, however, we do not have any record of such permission in our files. We would appreciate the submittal of any documentation to show compliance with Condition C. Please be reminded that evidence of compliance with any condition of the ordinance should be submitted to our office for clearance and compliance with the appropriate condition. We shall forward your progress report to'the County Council and the Planning Commission for their information. Comm. No. ~ / Ftile No. rZN6/~PN Ref. Tot Ref. Date dAN R 7(IM1 Mr. James McCully McCully Works Page 2 January 5, 2000 Should you have any questions, please contact Susan Gagorik or Phyllis Fujimoto at 961-8288. Sincerely, ~ I lv w V VIRG IA GO D TEIN Planning Direc r SG:gp p: \wpwin60\susnnU etters\I mccu II y R 8ZR S Sskg cc w/Itr: County Council Planning Commission McC~1y ~ ~ ~ ~ Post Otfice Box 355 9 Y Telephone 808 963-6233 1 t~ t 29-3800 Mamalahoa Hi hwa Fax 808 963-6736 ~ Hakalau, Hawaii 96710 i1,:i, r..7 ; Tuesday, December 07, 1999 Virginia Goldstein Hawaii County Planning Department 25 Aupuni St. Hilo, HI 96720 Re: TMK 3rd)1-6-3: por. of parcel 5 Ordinance No. 9861 Dear Virginia: Our project, Puna Market Center, is beginning to take shape. I was advised to keep you informed of our progress. As 1999 draws to a close I will take this opportunity to do that. Puna Market Center has been planned to answer the needs of the lower Puna community that utilizes Hwy. 130. As the Bypass Road opens the bottle neck that exists in Kea'au will be relieved. Our demographic studies show that the lower Puna residents can be best served through a neighborhood shopping center. The needs of upper Puna will continue to be met by the existing Kea'au Town Center and the remaining twelve to fifteen acres of undeveloped commercially zoned land in central Kea'au. Our neighborhood center will be anchored by a modern supermarket of 35,000 sq.ft., a secondary anchor of 15,000 sq.ft., 15,000 sq.ft. of in line retail space, a separate 8,500 sq.ft medical/office building and a service station with a convenience store of 3,000 sq.ft. Lease negotiations are at various stages with each tenant. Other expressions of interest have been received regarding space for a coin laundry, automotive supply, fast food outlets and others. Each of these uses are consistent with the MCX zoning approved by the Council in 1998. When built to the above specifications we will remain with approximately five acres of MCX zoned property as well as the remaining seventeen acres of the parcel which is currently zoned Aga. We have begun construction on the improvements to Milo Street mandated by the Council, in conjunction with the Water Department and Public Works. We intend to break ground on our entry road improvements in January of 2000 and hope to obtain final subdivision approval shortly thereafter. Groundbreaking for Increment One is currently scheduled for Spring of 2000. Please reference the Proposed Site Plan attached. Note that it does not contain our landscape plan. My twenty six years as a farmer in the community lead me toward a particular interest in this part of the development. The plantings I envision will exceed any ro s County requirements. Our building architect has been instructed to echo the design of the Kea'au Elementary and High Schools which are quite attractive. Below is a list showing our current status under the provision s of Section 2, Ordinance No.98-61, Bill No. 219 which is attached for reference: B-Deposit made to the Water Department C- Right of Entry Secured from W.H. Shipman D-Scheduled for January, 2000 E: To be submitted F.- Currently submitted for permitting G.-To be designed H.- Right of Way signed, in final stage of negotiations for transfer of title I: improvements designed to exceed requirements, development will pay all costs J.- All conditions met K: To be submitted L.- Improvements made and transferred M: To be submitted N: Not applicable to date O.- To be submitted P.- To be complied with Q.- To be complied with R.- To be complied with It has been very quick sixteen months since our zoning was approved. We look forward to rapid progress on the actual construction and tenanting of our development in the next year. If you have any questions or concerns ,please call me at 963-6233 (W), 987-3144 (cell), or you are welcome to contact my development consultant, Jimmy Trask, at 329-2213. Thanks you for your continued support. Sincerely, amen McCully Cc: Hawaii County Council Hawaii County Planning Commission, Leonard Tanaka, Chairman Sidney Fuke, Planning Consultant ~ xo. ~o a. - xo. LIMITED INDUSTRIAL .a ao COMMERCIAL MIXEDU (MCXL 20) AREA: 14.234 ACRES .-xo. w-xo. ,p to. .-ao. 2S O 2 • p . I ~ I W - I w•s. ~ o ` r ~ ! - c ~ w-ao. A•x0. ti a0 rw•a. r \ 1 ~ ?•SO• 11 a0. ~ 1 11 ` ~ I 1 ' w•to. Z I C)~ J ,O ~ A-a0 A A•10. 1 V tf• Ml ~ .-to. u f• E A•ao. .-aa. ~ 1 p c o n•n - pp y~ UeNUH1 _ 1y N ~ ~ 1 11•f0. 1 D ti-1 I -ao. w' o G O Y `f oo ~~L V tf•If 1 to [f If ~ A- 1 [i•If - h ~O Ay •-t0• A-a0• t I /J tf-10 J A•a0. //I AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 ZONING LIMITEDOINDUSTRIALJ (ML-20) TOC NDUSTRIAL-COAl1AERTMAL MIXED (MCX S2D) AT KEAAUOM PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1 -6-OJ: Oortion of 5 DECEMBER 26. ~ 997 (1AUE5 ~CCULLY) EXHIBIT "A" ~ ~~~le B ~i-~~-rte r- it ` w I ~ l , I ~ ~ ~ ~ 1 .l . ; ~ . ~ I I ~ UT~~ t I I +e ~ ' ~ ~ ~ ~i~~ ~ d I dasasC y i7 ~ ~ ~ I i "(n~~(n~ i ~ ZQ I I U~U I ~1 ~rllr- 11+ w I ~ ~ I i ~ ~ i ! ~ Q I I I ~ I ~ 1 I ~.l_ 4. 56° 44' 106.25 feet along the northwesterly side of Milo Street; 5. 67° 17' 480.00 feet along the northwesterly side of Milo Street; 6. 77° 45' 28.78 feet along the northerly side of Milo Street to the point of beginning and containing an area of 14.234 Acres. Alf as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classi5tztion is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the staled conditions of approval. B. If applicable, the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. C. Access to the proposed development within the subject property shall be via Milo Street provided that the applicant secures access over the private roadway lot 1149 (TMK: 1-6-2:98) by documentation to be submitted and approved by the director in the fo*m of deed covenants or by letter from W. H. Shipman, Ltd. or when such private roadway lot has been conveyed to the Stale, whichever occurs first. D. Final Subdivision Approval of the proposed subdivision within [he subject property shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. E. An overall landscaping master plan for the industrial zone area, which includes landscaping buffer along the perimeter of the subject property, the proposed interior subdivision road, and a program for the maintenance of the landscaping master plan, shall be submitted to the Panning Director for review and approval prior to the issuance of Final Subdivision Approval. F. All roadway(s) within the proposed development shall be constructed to County dedicable standards, meeting with the approval of the Department of Public Works. Lots requiring access from these roadway(s) shall be consiructr_d with curb, gutter and sidewalk improvements meeting with the requirements of the Department of Public Works prior to or in conjunction with issuance of Final Subdivision Approval. G. A drainage system, if applicable, shall be installed, meeting with the approval of the Department of Public Works. H. Upon the determination of the required right-of--way for the Keaau Bypass Road and upon completion of the right-of--way subdivision(s) for such roadway portions, the applicant shall reserve such right-of--way portion(s) for the State. Plans to be submitted for Final Subdivision Approval for any portion of the subject property shall delineate the right-of--way of the proposed Keaau Bypass Road, located along the subject property's western boundary. I. The applicant shall conduct a centerline survey to determine the exact location of the Milo Street extension roadway fronting the subject property. The Milo Street extension roadway shall be constructed to a pavement width of 20 feet with a 5-foot wide walkway with rolled asphalt~oncrete berms fronting the subject property in conjunction with Final Subdivision Approval. The applicant shall also coordinate the construction of roadway improvements with adjacent -3- properties identified as TMK: 1-6-3:17 (a 5.53 acre parcel owned by Hawaii Christian Camping Association, Inc.) and TMK: 1~-3:20 (a 2.567 acre parcel owned by Greenhouse Specialists, Inc.). J. The applicant shall comply with all requirements of the Department of Transportation. These shall include submittal of construction plans, and with the approval of said agency, the funding and/or construction of conduits for traffic lights at the Milo Street intersection in conjunction with the construction of the by-pass, as well as its fair share of traffic signal system improvements at said intersection. K. A Solid Waste Management Plan shall be approved by the Department of Public Works in conjunction with Final Subdivision Approval. L. In conjunction with Final Subdivision Approval, any water system improvements, including but not limited to, extending the existing 12-inch water line along Milo Street approximately 500 lineal feet to the subject property, shall be installed meeting with the approval with the Deparaent of Water Supply. M. Wastewater system for each proposed lot shall be constructed, meeting with the approval of the Deparaent of Health. N. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately -4- n notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. O. Comply with all other applicable rules, regulations and requirements, including those relative to access and fue protection measures, of the affected agencies for the development of the subject property. P. Upon compliance with applicable conditions of approval, pror to the opening of any proposed development, the applicant shall submit a final status report, in writing, to the Planning Director. Q. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fee Ordinance. R. 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 aze 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. -5- 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). S. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiatt rezoning of the subject property to its original or more approp~;ate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCE BY: ` ~ , O CII. ME ER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: June 1, 1998 Date of Ist Reading: June 1, 1998 Date of 2nd Reading: June 16, 1998 Effective Date: July 2, 1998 REFEREbC6 Comm. 795 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- a.