HomeMy WebLinkAboutCOM 0866.000 1998-2000
it w
William G. Davis
Managing Director
Stephen K. Yamashiro
Mayor „ Henry Cho % '~C - - 1 Deputy Managing Director
n a.•a.
25 Aupum Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax(808)326-5663
July 21, 2000
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 96-104 (REZ 633)
Applicant: Keauhou Sunset Corporation (formerly LURI Corporation)
Request: Amendment to Condition E (Start Construction)
Tax Map Key: 7-8-14:90
Change of Zone Application (REZ 00-004)
Applicant: K.R.S. Development, Inc.
Request: A-40a to A-5a
Tax Map Key: 6-2-1:91
Change of Zone Ordinance No. 99-79 (REZ 767)
Applicant: Big Island Country Club & Estates
Request: Amendment of Condition M and M(2) (Complete Construction)
Tax MapKry;. 7-1-57va ious
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
Stephen . Yalshiro
Mayor
L070700MAY Comm. No. ` ou
Enclosures File No.
cc: Planning Department pC
Ref. To: f3t I'll a g a Ref. Date JUL L 2 5 1
`y w
Stephen K Yaauehiro ,c•
Mayor
a~:;•;;.Maa
duuu#g ,s clttfuttti
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii %720.4252
(808) %1-8288 • Fax (808) %1-9615
Jun iuu~+
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 96-104 (REZ 633)
Applicant: Keauhou Sunset Corporation (formerly LURI Corporation)
Request: Amendment to Condition E (Start Construction)
Tax Map Key: 7-8-14:90
The Planning Commission, after a duly held public hearing on July 7, 2000, voted to
recommend for your approval the proposed legislative bill to amend Condition E (commence
construction) of Change of Zone Ordinance No. 96-104, which amended Ordinance
Nos. 89-78 and 93-67 (REZ 633), which reclassified lands from Single Family Residential
(RS-7.5) to Multiple Family Residential (RM-1) zoned district. The property is located along
the south side of Makolea Street, approximately 460 feet mauka of its intersection with Ali`i
Drive, Kahaluu, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the amendment request:
The inability of the applicant to comply with the requirements of Condition E of
Change of Zone Ordinance No. 96-104 is a result of conditions which could not have
been foreseen or are beyond the control of the applicant. The applicant has satisfied a
number of conditions including securance of final consolidation approval of the property,
Final Plan Approval of the development, payment of the necessary water commitments,
completion all of the archaeological inventory and mitigation work, payment of $10,000
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
as part of the recreational impact fee, and submittal of the annual progress report.
According to the applicant, global economic conditions have dictated the deferral of may
construction activities during the 1990's and therefore, made it difficult to secure the
required financing for projects of this nature. However, this condition appears to have
changed over the past year or two. As such, there has been renewed interest in the
development of this project. The applicant further stated that since the initial approval,
the economic downturn of the 1990's was not anticipated and it affected many countries,
particularly Asia, where the applicant is based. Therefore, the economic downturn was a
condition beyond the control of the applicant.
Approval of this amendment request would not be contrary to the General Plan nor would
it be contrary to the original reasons for granting the change of zone. Since the rezoning
was granted, there has been no change to the General Plan affecting this area. The
applicant has every intention to start and complete the project. The applicant has
complied with other conditions specified in Ordinance No. 96-104. The applicant has
complied with Conditions B (consolidation of parcels), C (Final Plan Approval), D
(Water Commitment payment), G (Archaeological Survey Report), L (Recreational Fee
payment), and Condition P (annual progress report). Thus, it is maintained that granting
this time extension would not be contrary to the original reasons for approving it.
For your favorable consideration, an amendment to Ordinance No. 96-104, which amended
Ordinance Nos. 89-78 and 93-67 is transmitted.
We are enclosing a copy of the request and a copy of the staff background for your
information.
Sincerely,
"620
Richard B. Baker, Jr., Chairman
Planning Commission
LkeauhousunsetPC
Enclosures
cc: Mr. Sidney Fuke
Department of Public Works
Department of Water Supply
West Hawaii Office
Kazu Hayashida, Director/DOT-Highways, Honolulu
BKEAUH0001.emm-06\ 14\00
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KEAUHOU SUNSET CORPORATION
AMENDMENT TO CONDITION E
CHANGE. OF ZONE, ORDINANCE NO. 96-104, WHICH AMENDED ORDINANCE
NO. 89-78 AND NO. 93-67
KEAUHOU SUNSET CORPORATION (formerly Luri Corporation), has submitted a
request to amend Condition E (commence construction) of Change of Zone Ordinance
No. 96-104, which amended Ordinance Nos. 89-78 and 93-67 (REZ 633), which reclassified
lands from Single Family Residential (RS-7.5) to Multiple Family Residential (RM-1) zoned
district. The property is located along the south side of Makolea Street, approximately 460
feet mauka of its intersection with the Ali'i Drive, Kahaluu, North Kona, Hawaii,
TMK: 7-8-14:90.
GENERAL INFORMATION
1. Land Ownership: Lands within the project site are owned by Keauhou Sunset
Corporation.
RELEVANT BACKGROUND INFORMATION
2. February 22, 1989 - SMA Use Permit No. 282 was approved to allow the construction
of a 32-unit apartment/condominium complex on 32,205 square feet of land area.
3. June 13, 1989 - Effective date of Ordinance No. 89-78.
4. June 27, 1990 - Administrative time extension to Condition B (secure Final
Consolidation) was granted until June 13, 1991.
5. October 23, 1990 - Final Consolidation was approved.
6. July 26, 1993 - Effective date of Ordinance No. 93-67. This Ordinance allowed the
modification of Condition C relating to securance of Final Plan Approval, and a new
Condition D was inserted. Condition D relates to the submittal of required water
commitment payment to the Department of Water Supply.
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7. July 20, 1995 - Final Plan Approval was granted for the construction of the 32-unit
apartment building.
8. September 19, 1996 - Effective date of Ordinance No. 96-104 which amended
Condition E (commence construction). The ordinance granted a 5-year extension of
time to begin construction of the proposed multiple-family residential project.
Construction was to begin before July 20, 2000. (See Exhibit A)
9. Condition E of Ordinance No. 96-104 states the following:
"construction shall commence within five (5) years from the date of receipt of Final
Plan Approval and be completed within two years thereafter;"
APPLICANT'S REQUEST
10. In support of the request, the applicant submitted the following statement:
"Since the last extension, the applicant has satisfied a number of conditions. These
included the following:
a. Payment of $4,350 on February 23, 2000, to the Department of Water Supply
to have the water commitment extended; and
b. Completing all of the archaeological inventory and mitigation work, with the
State DLNR approving said activities. A copy of this letter dated April 29,
1998 is enclosed.
Please note that the applicant has also paid $10,000 as part of the recreational impact
fee (Condition Q. The balance of the outstanding commitment requires compliance
prior to issuance of building or occupancy permit or during the construction phase.
These will be done at the appropriate phases of this project.
"Global economic conditions have dictated the deferral of many construction activities
during the 1990's. This made it difficult to secure the required financing for projects
of this nature. However, this condition appears to have changed over the past year or
two. As such, there has been renewed interest in the development of this project.
"The applicant notes that since the initial approval, the economic downturn of the
1990's was not anticipated. It affected many countries, particularly Asia, where the
applicant is based. While the applicant attempted to get the project off the ground -
which is evidenced by the number of conditions being fulfilled - the economic
downturn was a condition beyond the control of the applicant.
-2-
"Since the rezoning was granted, there has been no change to the General Plan
affecting this area. Further, although the Zoning Code has been revised, all applicable
requirements such as setback, height, and the like will be complied with. Thus, it is
maintained that granting this time extension would not be contrary to the original
reasons for approving it." (See Exhibit B - Letters dated May 1, 2000 and May 18,
2000)
STATE AND COUNTY PLANS
11. State Land Use District: Urban
12. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes.
13. General Plan Consistency: Economic, Environmental Quality, Flood Control and
Drainage and Land Use Elements, goals, policies and courses of action for North
Kona.
14. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density
Urban Development. This allows for village and neighborhood commercial and
residential and related functions (3-story commercial, residential-up to 36 units per
acre).
15. Kona Regional Plan: Residential uses at a density of 15 units per acre.
16. County Zoning: Multiple Family Residential (RM-1).
17. SMA: The property is situated within the Special Management Area.
18. Chapter 343, Hawaii Revised Statutes (HRS): The subject property is located within
the Kahalu'u Historic District. A Final Environmental Impact Statement was filed in
conformance with Chapter 343, HRS.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
19. Property: The subject property consists of 32,205 square feet and is located mauka of
Ali`i Drive across from Kahalu'u Beach Park. The makai boundary, Ali`i Drive, lies
approximately 900 feet inland from the shoreline. The property is rectangular in
shape. The Makole'a Trail is located on the adjacent property to the south of the
project site. The Great Wall of Kuakini is located on the west boundary of the project
site. The Great Wall of Kuakini was recommended for preservation.
-3-
20. Elevation and Slope: The site is located approximately 16 to 45 to 78 feet above sea
level. The overall slope in this particular area from Ali`i Drive is approximately 10%
west to east, and an average slope of 6 % from the northwest corner to the southeast
corner.
21. U.S.D.A. Soil Type: The surface soil in the project area is Punaluu extremely rocky
peat (rPYD). This soil type is characterized by rapidly permeability, slow runoff and a
slight erosion hazard. In a representative profile, the surface layer is black peat about
four (4) inches thick. It is underlain by pahoehoe lava bedrock. This soil type is
typically used for pasture. The Soil Conservation Service categorize this soil type as a
Capability subclass VIIs, non-irrigated, which are typified as having very severe
limitations and being unsuitable for cultivation.
22. Land Study Bureau's Productivity Rating: "E"" or "Very Poor".
23. ALISH: The property is not classified by ALISH Maps.
24. FIRM: The subject property is located within Zone X, an area outside the 500-year
flood plain.
25. Archaeological Resources: A limited archaeological data survey conducted by Paul
Rosendahl,in February 1990.
26. Surrounding Zoning/Land Uses: The surrounding properties are zoned Resort-Hotel.
To the east are properties zoned Multiple Family Residential (RM-3) and Single Family
Residential (RS-7.5). The Helani Church lot is situated 130 feet to the north. Kahaluu
Beach Park is located to the west and makai of Ali`i Drive. Kona Botanical Gardens
and Cultural Park is located to the south. Across AIN Drive to the immediate south is
the Keauhou Beach Hotel and Kona Lagoon Hotel.
27. Recreational/Visual Resources: The property does not abut the shoreline and is
located mauka of Ali`i Drive, approximately 900 feet from the shoreline. The property
is located approximately 400 feet mauka from the Kahaluu Beach Park and therefore,
the proposed development will not adversely impact any recreational or visual
resources to the shoreline and coastal ecosystems.
-4-
UTILITIES AND SERVICES
28. Access: Access will be from Makole'a Street, a County maintained roadway with a
20-foot wide pavement and right-of-way width of 60 feet. Makole'a Street has been
considered for an east/west connector road between Ali`i Drive and the proposed
Keauhou-Kailua Highway.
29. Water: Water service is available to the property via connection to an existing 8-inch
waterline along Makole'a Street.
30. Wastewater: The applicant proposes to hookup to the County's Keauhou Wastewater
Treatment Plant.
31. Utilities: Electrical and telephone service are available to the property.
32. Protective Services: Police protection is provided from its Kealakehe and Captain
Cook stations. Fire Protection is provided from its Kailua-Kona, Kealakehe and
Keauhou stations. Emergency medical and paramedical services are also provided by
the Hawaii County Fire Department. Kona Hospital at Kealakekua is located
approximately seven (7) miles from the project site and is managed by the State of
Hawaii.
AGENCIES' COMMENTS
33. Department of Public Works (June 7, 2000 Memo):
"We have reviewed the subject application and have no comments on or objections to
the requested amendment to Condition E."
34. Department of Water Supply (June 2, 2000 Memo):
"We have reviewed the subject request and have no objections."
35. Police Department (May 16, 2000 Memo):
"Staff has reviewed the above-referenced application and does not believe the request
will negatively impact traffic safety or police services in the area.
36. Fire Department (May 24, 2000 Memo):
"We have no comments regarding the above-referenced Change of Zone Ordinance."
37. Department of Transportation (May 10, 2000 Memo):
"Not applicable"
-5-
AGENCIES - NO RESPONSE
38. Department of Health and Real Property Tax Office
PUBLIC COMMENTS
39. The Department has not received any written comments or objections from the general
public or adjacent landowners on the subject request.
-6-
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 293
ORDINANCE NO. 96 104
AN ORDINANCE AMENDING SECTION 25-90 (KAILUA-HONALO URBAN ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII,COUNTY CODE.
AS AMENDED, ORDINANCE NO. 89-78 AND ORDINANCE NO. 93-67. WHICH
RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL (RS-7.5) TO
MULTIPLE FAMILY RESIDENTIAL (R.NI-1) ZONED DISTRICT AT KAHALUU.
NORTH KONA. HAWAII, COVERED BY TAX MAP KEY 7-8-14:90.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 89-78, as amended by Ordinance No. 93-67, is amended
as follows:
"Section 2. This change in district classification is conditioned upon the following:
(A) the applicant, successors or its assigns shall comply with the stated
conditions of approval;
(B) final consolidation approval shall be secured within one year from the
effective date of the change of zone:
(C) Final Plan Approval for the entire development shall be secured within
one year from the effective date of this amendment. To assure adequate
time for plan approval review and in accordance with Chapter 25-244
(Zoning Code), plans shall be submitted a minimum of forty-five days
prior to the date by which plan approval must be secured;
(D) the applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policv° within ninety days from the date of amendment to
this change of zone:
(E•) construction shall commence within [onel five ,years from the date of
receipt of Final Plan Approval and he completed within two %ears
thereafter:
EXHIBIT
n-
(F) a ss(es) shall meet with the approval oi «te Department of Public
Works. Further, curbs. gutters and sidewalk shall be installed along the
south side of Makolea Street fronting the subject properties in a manner
meeting with the approval of the Department of Public Works prior to
issuance of an occupancy permit;
(G) two copies of an intensive archaeological survey report shall be
submitted for review and approval by the Planning Department with
concurrence from the Department of Land and Natural
Resources-Historic Sites Section at the time of plan approval review
and/or prior to any land preparation activity being conducted on the
propdrties;
(H) should any unanticipated sites or remains, such as artifacts. shell- bone
or charcoal deposits, human burials, rock or coral alignments, paving or
walls be encountered, work in the affected area shall cease and the
Planning Department immediately notified- Subsequent work shall
proceed upon an archaeological clearance from the Planning Department
when it finds that sufficient mitigative measures have been taken:
(1) to ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented as proposed, the applicant shall work with
the Office of Housing and Community Development and the Planning
Department to formulate a•housing plan for the development to assure it
addresses the affordable housing needs of the community. This housing
plan shall be approved by the County Housing Agency prior to the
issuance of a building permit for the project:
(J) a drainage system shall be installed in accordance with the requirements
of the Department of Public Works:
(K) method of sewage disposal shall meet with the approval of the
appropriate governmental agencies:
_I_
(L) to ensure that the goals and policies of the Recreation Element of the
General Plan are implemented, the applicant, in lieu of providing a park'.
site, shall contribute a monetarv contribution to the County of Hawaii to
be used for park purposes at Kahaluu Beach Park of North Kona in the
sum of twenty thousand dollars (520,000). An initial payment of ten
thousand dollars (SI0.000) shall be paid prior to Final Plan Approval
and the balance shall be paid prior to the Issuance of the Certificate of
Occupancy and shall be credited towards satisfying a portion or all of the
applicant's fair share contribution to the recreational assessment:
(M) an emergency preparedness and response plan shall be submitted to the
Planning Department and Hawaii County Civil Defense Agency for
review and approval prior to occupancy of any of the proposed units:
(N) all applicable County and State laws, rules, regulations and requirements
shall be complied with:
(O) 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;
(P) an annual progress report shall be submitted to the Planning Director
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:
and
(Q) an initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
-3-
1, the non-performance is the result t,. 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;
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, [he
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 shall initiate rezoning of the area to
its original or more appropriate designation."
SECTION 2. Material to be deleted is bracketed. New material is underscored.
SECTION 3. In the event that any portion of the ordinance is declared invalid. such
invalidity shall not affect the other parts of this ordinance.
--t-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL M MBER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 23, 1996
Date of 1st Readins: August 23, 1996
Date of 2nd Reading: September 6, 1996
Effective Date: September 19, 1996
r=rcOEN'CE: Comm. 1270
APPROVED AS TO FORM AND LEGALITY:
Gi
CORPORATION COUNSEL
DATED: f
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1
AMENDMENT TO THE ZONING CODE
AMENDING SECTION (KAILUA-HONALO URBAN
ZONE MAP) ARTICLE .B, CHC ,P7a Z =5 (ZONIN(S CODE)
OF 7HU HAI/VAII COUNTY CODE, 8Y =H^NGING TPie~
Di5T1RICT CLA551F1CATION FRaM SINGLE FAMILY
F2CSIDGNTIAL (RS-75) TO MULTiPt->= FAJv11LY
R~sro~NTIAt_ (T2i`'1-I) AT KAHALUU, NORTH KONA,
HAVVAII-
PRGPAI~ED HY = PLANNING DET~.A RTMCNT
GCUNTY OF F•i,4WAll
TMhC - 7-8-14 =~0, AND JAN. lo, I°>e°~
EXHIBIT "AII
OFFICE OF THE COUNT .ERK
County of Hawaii
Hilo Hawaii
ROLL CALL VOTE
flAYFS NOES ABS
Introduced B Takashi Domingo
Date Introduced: August 23, 1996 ~`i X
August 23, 1996 Easley x
First Reading:
Published: September 1, 1996 Childs De Lima REMARKS: Domingo Osorio Van De CaX
Ray Smith 1 1
ROLL CALL VOTE
Second Reading: September 6. 1996 AYES I NOES I ABS
To Mavor: Septemberll, 1996
Returned: September 19, 1996 Aril" X
Effective: September 19, 1996 Easley X
Published September 30, 1996 Childs x
De Lima X
REMARKS: Domingo X
Osorio x
- Van De Car X
Ray X
- South x
7 0 2
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
COUNCIL HAIRMAN
COUNTY CLERK
Approv dll" r"~L this day
of .LX 19
l~7
oa, CO UNTY HA WA 11 Bill No.: 293
Reference: C-1270/FC-138
Ord No.: 96 104
SIdneyFt-' Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zonirc
Telephone: (808) 969-1522 - Fax: (808) 969.7996 • Subdivision • Land Use P--
• Environmental Peoons
May 1, 2000
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo. HI 96720
Dear Ms. Goldstein:
Subject: Time Extension Request - Ord. No. 96-104 (REZ 633)
Keauhou Sunset Corporation (formerly LURI Corp.)
Kahaluu, North Kona, Hawaii, TMK: 7-8-014: 90
On behalf of Keauhou Sunset Corporation, this letter is to request a time extension to
condition E of the subject ordinance. Specifically, the request is to give the applicant an
additional three (3) years to commence construction of the subject project and two (2) years
thereafter to complete construction or a total of five (5) years to complete construction.
BACKGROUND
On February 22, 1989, SMA Use Permit No. 282 was approved with conditions,
together with an accompanying change of zone request to allow the construction of a 32-unit
apartment/condominium complex on the 32,205 square foot property. The zone change
request of RS-7.5 to RM-2 was approved, with conditions, on June 13, 1989 (Ordinance No.
89-78).
A time extension request was approved by the County Council on July 26, 1993
(Ordinance No. 93-67). Based on this amendment, Final Plan Approval had to be secured
before July 26, 1994. An administrative time extension was granted on November 7, 1994 to
July 26, 1995. Final Plan Approval was issued on July 20, 1995. Construction was thus
supposed to have been initiated before July 20, 1996.
However, construction did not occur then. As such, another amendment to the
zoning ordinance was approved on September 19, 1996 (Ordinance No. 96-104) which
required that "construction commence within five (5) years from the date of receipt of Final
Plan Approval and be completed within two years thereafter." As Final Plan Approval was
granted on July 20, 1995, construction of the project must begin by July 20, 2000 -
approximately three (3) months from now. Unfortunately, this cannot be realistically
accomplished.
EXHIBIT
13
Ms. Virginia Goldstein, Director
May 1, 2000
Page 2
Accordingly, the applicant is requesting an additional three (3) years or until July 20,
2000, to begin construction of this project. Alternatively, should the Director believe that a
completion deadline of five (5) years from the effective date of the zoning amendment is
more appropriate (which is the practice today), the applicant would have no objection to such
a language.
NATURE AND REASONS FOR REQUEST
Since the last extension, the applicant has satisfied a number of conditions. These
included the following:
a. Payment of $4,350 on February 23, 2000, to the Department of Water Supply
to have the water commitment extended; and
b. Completing all of the archaeological inventory and mitigation work, with the
State DLNR approving said activities. A copy of this letter, dated April 29,
1998 is enclosed.
Please note that the applicant has also paid $10,000 as part of the recreational impact
fee (Condition L). The balance of the outstanding comritment requires compliance prior to
issuance of building or occupancy permit or during the construction phase. These will be
done at the appropriate phases of this project.
Global economic conditions have dictated the deferral of many construction activities
during the 1990's. This made it difficult to secure the required financing for projects of this
nature. However, this condition appears to have changed over the past year or two. As
such, there has been renewed interest in the development of this project.
The applicant notes that since the initial approval, the economic downturn of the
1990's was not anticipated. It affected many countries, particularly Asia, where the applicant
is based. While the applicant attempted to get the project off the ground - which is evidenced
by the number of conditions being fulfilled - the economic downturn was a condition beyond
the control of the applicant.
Since the rezoning was granted, there has been no change to the General Plan
affecting this area. Further, although the Zoning Code has been revised, all applicable
requirements such as setback, height, and the like will be complied with. Thus, it is
maintained that granting this time extension would not be contrary to the original reasons for
approving it.
Ms. Virginia Goldstein, Director
May 1. 2000
Page 3
Based on the foregoing, the applicant respectfully requests your favorable processing
of this matter. Pursuant to the Zoning Code, please find enclosed the following:
a. Twenty (20) sets of this request;
b. A fist of surrounding property owners within three hundred (300) feet of the
subject property; and
c. A filing fee of $250.
Should you have any questions on this matter, please feel free to contact me. Thank
you very much.
Sincerely,, Ia~
Y M. FUKE
Planning Consultant
Enclosure
cc Mr. Mike Murai, Keauhou Sunset Corporation w/ enclosure
BENJAMIN I. CAYETAND MICIIAFtLE
GOVERNOR OF HAWAJI VO IG' BOARD of 1N10 AND NATURAL RFSOMCLS
DEPUTIES
1 OILBERT COEOMbAGAMN
rl
,rAOUACULTVRE DEVELOPMENT
PROGRAM
STATE OF HAWAII AQUATIC RESOURCES
CONSERVATION AND
DEPARTMENT OF LAND AND NATURAL RESOURCES RESOURCES ENFORCENIOCT
CONVEYANCE3
STATE HISTORIC PRESERVATION DIVISION FORESTRY AND WILDURE
33 SOUTH KING STREET, 6TH FLOOR HISTORIC PRESERVATION
HONOLULU, HAWAII 96813 DIVISION
LAND DIVISION
STATE PARKS
WAI ER AND IIJID DEVD.CPyEM
April 29, 1,998
Dr. Paul Rosendahl LOG NO, =1403
PHRI DOC NO: 9804PM16
204 Waianuenue Avenue
Hilo, Hawaii 96720
Dear Dr. Rosendahl:
SUBJECT: Revised Report (506-031098): "Limited Archaeological Data Recovery
Kahaluu Development Parcels" (Walker and Rosendahl 1998)
Kahaluu. North Kona. Hawaii Island
TNIK: 7-8-14:90, 91. 92
Thank you for your letter of March 11. 1998 and the revised subiect report for our review and
comment.
The revised report has satisfactorily addressed the few comments in our July 3, 1995 review letter
on the first draft and now meets with our approval. As we noted in our first letter, the two sites
that were investigated (Sites 10940 and 10941) have been adequately mitigated and will thus
require no further work.
If you have not already done so, would you please send a copy of this report to Marc Smith for
our Hilo office library.
If you have any questions please contact Patrick McCoy (587-0006).
Aloha,
DON HIBBARD, Administrator
State Historic Preservation Division
PNLamk
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SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning. Variance • Zoning
Telephone: (808) 969-1522 - Fax: (808) 969-7996 • Subdivision • Land Use Pennies
• Environmental Reports
May 18, 2000
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF 14AWAII
25 Aupuni Street
Hilo, HI 96720
Dear Ms. Goldstein:
Subject: Time Extension Request - Ordinance No. 96-104 (REZ 633)
Keauhou Sunset Corporation, TMK: 7-8-14: 90
Please note that there is a typographical error in the first paragraph of the second
page of my letter of May 1, 2000 to you. Instead of July 20, 2000, it should have been
July 20, 2003.
I apologize for this error and appreciate your making the appropriate adjustments to
any hearing notices and related correspondences on this matter. Thank you very much.
Sin
(V~ cerely,
4 4,
SIDNEY M. FUKE
Planning Consultant
cc Mr. Mike Murai, Keauhou Sunset Corporation
L c(ci,l: I ( 0Py
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision -land Use Permits
• Environmental Reports
May 1, 2000
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Dear Ms. Goldstein:
Subject: Time Extension Request - Ord. No. 96-104 (REZ 633)
Keauhou Sunset Corporation (formerly LURI Corp.)
Kahaluu, North Kona, Hawaii, TMK: 7-8-014: 90
On behalf of Keauhou Sunset Corporation, this letter is to request a time extension to
condition E of the subject ordinance. Specifically, the request is to give the applicant an
additional three (3) years to commence construction of the subject project and two (2) years
thereafter to complete construction or a total of five (5) years to complete construction.
BACKGROUND
On February 22. 1989, SMA Use Permit No. 282 was approved with conditions,
together with an accompanying change of zone request to allow the construction of a 32-unit
apartment/condominium complex on the 32,205 square foot property. The zone change
request of RS-7.5 to RM-2 was approved, with conditions, on June 13, 1989 (Ordinance No.
89-78).
A time extension request was approved by the County Council on July 26, 1993
(Ordinance No. 93-67). Based on this amendment, Final Plan Approval had to be secured
before July 26, 1994. An administrative time extension was granted on November 7, 1994 to
July 26, 1995. Final Plan Approval was issued on July 20, 1995. Construction was thus
supposed to have been initiated before July 20, 1996.
However, construction did not occur then. As such, another amendment to the
zoning ordinance was approved on September 19, 1996 (Ordinance No. 96-104) which
required that "construction commence within five (5) years from the date of receipt of Final
Plan Approval and be completed within two years thereafter." As Final Plan Approval was
granted on July 20, 1995, construction of the project must begin by July 20, 2000 -
approximately three (3) months from now. Unfortunately, this cannot be realistically
accomplished.
Ms. Virginia Goldstein, Director
May 1, 2000
Page 2
> Accordingly, the applicant is requesting an additional three (3) years or until July 20,
2000, to begin construction of this project. Alternatively, should the Director believe that a
completion deadline of five (5) years from the effective date of the zoning amendment is
more appropriate (which is the practice today), the applicant would have no objection to such
a language.
NATURE AND REASONS FOR REQUEST
Since the last extension, the applicant has satisfied a number of conditions. These
included the following:
a. Payment of $4,350 on February 23, 2000, to the Department of Water Supply
to have the water commitment extended; and
b. Completing all of the archaeological inventory and mitigation work, with the
State DLNR approving said activities. A copy of this letter, dated April 29,
1998 is enclosed.
Please note that the applicant has also paid $10,000 as part of the recreational impact
fee (Condition L). The balance of the outstanding commitment requires compliance prior to
issuance of building or occupancy permit or during the construction phase. These will be
done at the appropriate phases of this project.
Global economic conditions have dictated the deferral of many construction activities
during the 1990's. This made it difficult to secure the required financing for projects of this
nature. However, this condition appears to have changed over the past year or two. As
such, there has been renewed interest in the development of this project.
The applicant notes that since the initial approval, the economic downturn of the
1990's was not anticipated. It affected many countries, particularly Asia, where the applicant
is based. While the applicant attempted to get the project off the ground - which is evidenced
by the number of conditions being fulfilled - the economic downturn was a condition beyond
the control of the applicant.
Since the rezoning was granted, there has been no change to the General Plan
affecting this area. Further, although the Zoning Code has been revised, all applicable
requirements such as setback, height, and the like will be complied with. Thus, it is
maintained that granting this time extension would not be contrary to the original reasons for
approving it.
Ms. Virginia Goldstein, Director
May 1, 2000
Page 3
Based on the foregoing, the applicant respectfully requests your favorable processing
of this matter. Pursuant to the Zoning Code, please find enclosed the following:
a. Twenty (20) sets of this request;
b. A list of surrounding property owners within three hundred (300) feet of the
subject property; and
c. A filing fee of $250.
Should you have any questions on this matter, please feel free to contact me. Thank
you very much.
Sincerely, `n~
~VV~
Y M. FUKE
Planning Consultant
Enclosure
cc Mr. Mike Murai, Keauhou Sunset Corporation w/ enclosure
B ENIAMIN J. CAYLTANO MCIIARL D. W7130
GOVERNOR OF HAWNI BOARD OF LAND ANO NATURAL MESOt CES
rl.
DEPUTIU
GILBERT COLOMA-AGNUM
~~~.....•iii~~~ AOUACULTURE DEVELOPMEMT
PROGRAM
STATE OF HAWAII AQUATIC RESOURCE!
CONSERVATION ANO
DEPARTMENT OF LAND AND NATURAL RESOURCES RESOURCES ENFORCEMENT
CONVEYANCE!
STATE HISTORIC PRESERVATION DIVISION FORESTRY AND MIDURE
33 SOUTH KING STREET. 6TH FLOOR HISTORIC PRESERVATION
HONOLULU, HAWAII 96613 DIVISION
LAND DIVISION
STATE PA S
WATER AND SAND OMOPVW
April 29, 1998
Dr Paul Rosendahl LOG NO ,1-403 ?
PHRI DOC NO 98o4Py116
204 Waianuenue .venue
Hilo. Hawaii qo-,=0
Dear Dr. Rosendahl_
SUB.IECT: Revised Report (506-0310981: "Limited archaeological Data Recovery
Kahaluu Development Parcels" (Walker and Rosendahl 1998)
Kahaluu, North Kona. Hawaii Island
TNIK: 7-8-11:90, 91. 92
Thank you for your letter of March 11, 1998 and the revised subject report for Our review and
comment
The revised report has satisfactorily addressed the few comments in our July 3, 1995 review letter
on the first draft and now meets with our approval. As we noted in our first letter, the two sites
that were investigated (Sites 10940 and 10941) have been adeuuately mitigated and will thus
require no further work.
If you have not already done so. would you please send a coov of this report to Marc Smith for
our Hilo office library
If you have am questions please contact Patrick McCoy (587-0006).
Aloha,
DON HIBBARD, Administrator
State Historic Preservation Division
PM amk
_I