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HomeMy WebLinkAboutCOM 0059.004 2000-2002 ~rtY Iwn CLnetopher J Yuta Mayor - Dlrreror r Roy R Takemoto '0! C~., rig 10`~'yD~,.~r County of Hawaii PLANNING DEPARTMENT s~ ,w~ sa.a aaom tog . rt~ly wwdi ssno~s~z (sos) ssi-oa . Fu tsoa~ ss?-nos February 1, 2001 Honorable James Y Atakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members• Proposed Bill No 16 Applicant Trees of Kukuihaele, I.LC (Tom Hears) Tax MaD~y. 48-6.3. 13 and Portion of 44 Tn response to questions raised at the Planning Committee meeting on January 23, 2001, relating to the sbovo-referenced matter, we provide you with the following 1 On September 5, 2000, the applicant submitted concurrent requests for (a) amendment to Ordinance No 9463 and (b) change of zone from V~3 and RS-1 S to V-25 (for TMK 4-8-6 3, 13 end Portion of 44) The applicant requested to amend Conditions B, E, H, I, P(1), R(1), T and V of Ordinance No 9463 (Sce Department's Background Report) However, the department requested written authorization of the other landowners (affected by the ordinance) to proceed with the amendment request. The department received the authorization documents on Jamtary 17, 2001 'Therefore, the department will be forwarding the request to amend Ordinance No 94-63 to the Planning Commission tentatively on March 16, 2001 2 Ordinance No 9463, effective June 8, 1994, amended the Zoning Code by changing the district classification from Single Family Residential (RS-15) to Resort-Hold (V-43) and from Agricultural (A-40a) to Singie Family Residential (RS-7 5) and (RS-15), Resort-Hold (V-1 B) and (V-43), and Agricuhural (A-Ia) for Tax Map Key 4-8-6.13, 43 and Portions of 9, 11 and 44 The metes and bounds description delineate 9 lot areas of the various zone classifications. The changes in district classifcation are subject to the stated condition (A) to (BB) It should be pointed out that the various zoned areas are so Comm. No. ~ • Ftile No. Z Ref. Toy D.I T_a_ Honorable James Y Aralraki, Chairman and Members of the County Council County of Hswaii Page 3 February 1, 2001 The reference to trees in Condition E of Bill 16, Draft 3 should also refer to the large jak fruit trees Condition N and Q have typos - -they rofi:r to T M K No 6-8-06, which should be T.M K No 48-06 3 Page 27, first paragraph of Ordinance No 94-63 states "Further, should any of the conditions of the respective development areas not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the applicable area to its original or more sppropriate designation " 4 The State Land Use Boundary Amendment from Agricultural to Urban for a portion of the subject parcel and various other parcda were approved by the County Council, effective June 8, 1994 These boundary amendments were adopted with no conditions 5 In reviewing Ordnance No 94-63, the following conditions leave compliance deadlines a (D) relates to execution of an off-site water improvement agreement within three (3) months from effective date of ordinance, and completion of off-site water improvements within eighteen (18) months from effective date of ordinance Compliance: July 15, 1994 received draft Off-Site Water Development Agreement, October 23, 1995 received original Off-Site Water Developmem Agreement signed by applicant, Planning Director (November 6, 1995) and Corporation Counsel (October 23, 1995), November 8, 1995 Planning Department transmitted Agrcement document to Department of Water Supply for execution Extension of time was granted until June 7, 1997 to comply with condition The improvements were never built b (E) relates to complete construction of the consolidation and/or subdivision, the resort, and improvements to the Plantation Inn within five (5) years from effective date of ordinance Compliance: Not complied with c (K) (2) relates to construction of the employee housing within five (5) years from effective date of ordinance Compliance: Not complied with Honorable James Y Arskald, Chairman and Members of the County Council County of Hawaii Page 4 February 1, 2001 d (Q) rdates to review and approval of a job training program within three (3) months from effective date of ordinance Compliance: Submittal received on September 6, 1994 and Director approved document on September 21, 1994 The job-training program was never done e (T) relates to a tota14.1 acres of land deeded to individual lot owners within eighteen (18) months from effective date of ordinance. Compliance: Not complied with Extension of time was granted until June 7, 1997 This is now a condition of the present rezoning f (AA) relates to submittal of annual progress report prior to the anniversary date of the approval of the change of zone Compliance: Submitted on June 6, 1995, June 6, 1996, and May 30, 1997 Based on the above, compliance deadlines have not being mat to date, and the leaf correspondence dated August 6, 1997 from the department to Mr Eugene McCain informed him that the additional extension of time request required a filing fee as the request would be forwarded to the Council through the Planning Commission Therefore, at the request of the County Council, the Dvector will notify the other landowners that he will be initiating the repeal of Ordinance No 94-63 Should you have any questions, please feel free to cooled me or my staff Alice ICawaha of this office at 961-8288 Sincerely, CHRISTOPHIER J YUEN " Planning Director AK CJY pak p \wpww601~hoewmLL.ooimal7'neOla~k Honorable James Y A~akski, Chairman and Members of the County Council County of Hawaii Page 2 February 1, 2001 designated in accordance with the proposed Arnanresort development master plan Further, the conditions have been crafted (the same as any other change of zone ordinances) to meet certain roquirements which re9ed the various development of the proposed project as wdl as address community concerns Therefore, it should be noted that the language of a few conditions refs to only specific zoned areas For example, Condition F, in part, refers to the V-18 coned area and states that the proposed Amanhideaway shall be constructed so that it would not be visible from the Waipio Valley Beach and the Waipio Valley Lookout Parlring Lot This condition, in essence, would not be applicable to this subject area On the other hand, whereas Condition H would be applicable as it refers to the renovation or other improvements to the plantation manager's house located on the subject area. Draft 3 of Bill No 16 now provides that "The Conditions curtained m Section 1 [should be Section 3] of Ordinance No. 94-63 shall not apply to properties covered by this Ordinance " Because most of the conditions of Ordinance 94-63 did attach to all parcels, this language, if approved, would shift the burden of a number of conditions of Ordinance 94- 63 to the owners of the remaining parcels, by exempting the present applicant To do so is the Council's prerogative if it wishes The Planning Director had a question about the possible unfairness of shifting those burdens entirely to the other owners, but it appears they have consented See attached letters The Council should not, however, delete or change any conditions of Ordinance No 94-63 which apply to the other parcels because those parcels have not been through the required process for amending conditions We have these comments about the proposed conditions If the present properties are exempted from the condkions of Ordinance No. 94-63, Condition H of that ordinance regarding the preservation of the plantation manager's house should be made a condition of this ordinance The applicant has represented that it will cap the development at 40 units, however, about 50 unite would be possible under the V-25 Zoning The 40.unit cap should be included as a condition