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Home My WebLink AboutCOM 0390.000 2000-2002 OJ~yYY OF N,m~9 O 11 Christopher J. Yuert Harry Kim I' Mayor Director o~~ ~,rf~~M~ ::'µ'~s Roy R. Takemoto ~ OF ~N Deputy Director (~~axx~~~r x~~ .~~x~tt PLANNING I3EPAIZTMENT 2.5 Aupuni Street, Room 109 + Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 October 9, 2001 ~ ' Mr. Gene Yong ~ Belt Collins Hawaii, LTD = 680 Ala Moana Blvd., ls` Floor Honolulu, HI 96813-5406 Dear Mr. Yong: r,,~ Change of Zone Ordinance No. 00-90 Applicant: Liliuokalani Trust Subject: Annual Progress Report Tax N1aU Kew 7-4-15:15 Thank you for your letter dated August 14, 2001, containing an annual progress report for the proposed development as required under Condition N of Ordinance No. 00-90. Thank you for your attention to this matter. We look forward to the submittal of your next annual progress report on or before August 21, 2002. In the meantime, please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our office at (808) 961-8288 should you have any questions. Sincerely, ' . ~ CHRISTOPHER J. YUEN Planning Director EOW:pak p:lwpwin601eileen\letters\Ll i I i uokalan i Rez684 xc w/ltr: Hawaii County Council Planning Commission Planning DepartYnent -Kona Comm. No. File No. Ref. To: f T ~ ~ 2001 ~ - ,j, ~~L,~ CC~~LIN~ August 14, 2001 245-0100/01 A-376 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Yuen: Annual Progress Report Ordinance Number 00-90 Liliuokalani Trust Eho Street, 'TIl~IK 7-4-15:15 Keahuolu.~North Kona, Island of 9iadvaii In accordance with Condition J of Hawaii County Ordinance Number 00-90 (amending Ordinance Number 91-27), please find this Annual Progress Report, which is submitted on behalf of Liliuokalani Trust. The Report addresses the status of the development and compliance with the conditions of approval. Condition (A). The applicant, successors or assigns, shall comply with all of the stated conditions of approval. Acknowledged. Condition (8). Final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall indicate internal driveway circulation with the adjacent Kona Coast Shopping Center. The Trust has been working with the State Department of Transportation on its right-of-way needs for Queen Kaahumanu Highway between Palani Road and the boundary between the State's Kealakehe land and the Trust's Keahuolu land. To date, the State has acquired portions of the Trust's land on the mauka side of the highway, between Palani Road and Makala Boulevard. The timing of the State's remaining acquisition of Trust land for the highway, including sections abutting the future Eho Street extension, has not yet been established. BELT COLLINS HAWAII LTD. 680 ALA'v(OANA BOULEVARD, FIRST FLOOR, HONOLULU. HAWAII 96t~13-5406 U.S.A. TEL: 808 521-5361 FAX: cQ08 538-7819 EMAIL: hawaii~beltcollins.mm WEB- wwwbeltcollins.com PLANNING ENGINEERING LANDSCAPE ARCHLTECTURE ENVIRONMENTAL CONSULTING HAWAII SINGAPORE • HONG KONG • AUSTRALIA • THAILAND • MALAYSIA PHILIPPINHS • GUAM SEATTLE • SCOTTSDA LB Uelc Collins Hawaii a .+n Equal Op~,~uaun rty Employer. Mr. Christopher Yuen August 14, 2001 - 01 A-376 Page 2 Included in this process is the access to the highway that the Trust has at Eho Street. It is not yet possible for the Trust to submit to the County a Final Plan for approval before an agreement on the access and right-of-way questions is reached between the Trust and the State. It is possible that a revised subdivision of Lots 8-A, 8-B, and 8-C will be required by the agreement. Condition (C). Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed ?~~ithin two years thereafter. The Trust or its future developer intends to comply with this condition after Condition B has been met. Condition Improvements to Eho Street extension, including curbs, gutters and sidewalks, shall be constructed within the existing 60-foot wide roadway easement from Eho Street to Queen Kaahumanu Highway meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any portion of the commercial development. Acknowledged. This condition may need to be modified depending on the State's taking for Queen Kaahumanu 1-iighway. Condition (E). Driveway access(es) shall be approved by the Department of Public Works. Acknowledged. Condifion (F). Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation- Highways Division and Public Works. Acknowledged. Condition (G). A drainage system meeting with the requirements of the Department of Public Works shall be installed. Acknowledged. Condifion (d All other applicable laws, rules, regulations and requirements be complied with. Acknowledged. Mr. Christopher Yuen August 14, 2001 - 01 A-376 Page 3 Condifion 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 election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. Acknowledged. Condition (J). An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the 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. Submitted herewith for 2001. The next progress report will be due August 21, 2002. Condition (K). An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 7) The non-performance is the result of 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 maybe extended for up to one additional year); and 5) !f the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Mr. Christopher Yuen August 14, 2001 - 01A-376 Page 4 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. Ordinance No. 00-90 approved aten-year extension (from the effective date of the ordinance, August 21, 2000) for the performance of conditions within this ordinance. If you have any questions or comments, please do not hesitate to contact either Jim Bell or myself at (808) 521-5361. Sincerely yours, BELT COLLINS HAWAII LTD. Gene Yong GY:gk cc: Frank Jahrling