HomeMy WebLinkAboutCOM 0399.000 2000-2002 JNSV OF M:9bb
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I-Tarry Kim I~~~~.//,~ ~ Christopher J. Yuen
Mayor Drrectar
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''~oF'N''" Roy R. Takemoto
• (1 ~ f1 ~ ~ ~'y ~ 9 f"s Depasty Director
PLANNING DEPAlZTMENT ~~f ~ ~w'~y,nt+
25 Aupuni S4reeE, Rnom 10;' • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
October 22, 2001
Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
74-5722 Kuakini Highway, Suite 208
Kailua-Kona, HI 96740
Dear Mr. Gibson:
Change of Zone Ordinance 88-93 (REZ No. 580)
SMA Use Permit No. 269
Applicant: Kealakekua Ranch, Ltd.
Subject: Annual Progress Report
Tax Map Key: 8-2-2: Portion of 2 and 33
Thank you for your letter of June 28, 2001, providing an annual progress report in
accordance with Condition C of Ordinance No. 88-93 and Condition No. 4 of SMA Use
Permit No. 269. We also received a copy of a report from International Archaeological
Research Institute, Inc. dated June 20, 2001 under separate cover which provides a status
report on efforts to develop ascope-of work and research design in partial compliance
with Condition No. 3 of SMA Use Permit No. 269.
Change of Zone Ordinance No. 88-93 rezoned 111.75 acres of land from Unplanned and
Agricultural (Sa) to Residential-Agricultural (RA-2a). The intent of the applicant was to
develop a 37-lot subdivision. SMA Use Permit No. 269 was also granted by the Planning
Commission to allow development of the 37-lot subdivision.
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Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
Page 2
October 22, 2001
A Subdivision application for the proposed 37-lot subdivision was filed on December 27,
1989 but action was deferred pending receipt of all agencies' comments. Response from
the State Historic Preservation Division (December 20,1989) indicated that the
archaeological survey completed by Chiniago Inc. and submitted for review was not
acceptable. Therefore, tentative approval of Subdivision application 90-5 was deferred
and the application was placed in abeyance to allow submittal of Subdivision application
90-87 requesting subdivision of the subject property into two lots. On March 9, 1993, the
Planning Department provided final approval for Subdivision application 90-87 (SUB
6254). Final approval was subject to the condition that prior to any further subdivision or
development of the property, all conditions of Rezoning Ordinance No. 88-93 and SMA
Permit No. 269 would need to be met.
On October 2, 1997, the Planning Department provided final approval of Subdivision
application 96-17 (SUB 6886) which included TMK 8-2-2:2 and consolidated and re-
subdivided two existing lots resulting in no increase in the number of lots.
On October 20, 1998, the Planning Department provided final approval of Subdivision
Application 98-82 (SUB 7038) which included TMK 8-2-2:2 and effectively consolidated
six existing parcels to re-subdivide them into lots that more accurately reflected existing
conditions and the alignment of Kaawaloa Road. At the same time, the Planning
Department indicated that Subdivision application 90-5 was still being held in abeyance
as agreed upon.
On September 12, 2001, Subdivision application 01-53 received tentative approval from
the Planning Department. This application requests consolidation and re-subdivision of
land including TMK 8-2-2: parcels 2 and 33. As one of the conditions of the tentative
subdivision approval, it was noted that Subdivision application 90-5 was still being held
in abeyance with the understanding that an archaeological inventory survey, submission
of a revised preliminary plat map, and compliance with public access requirements
pursuant to Hawaii County Code, Chapter 34 would be addressed before pursing final
subdivision approval.
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Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
Page 3
October 22, 2001
Below we provide you with our findings with regard to compliance with Ordinance No.
88-93 and SMA Use Permit No. 269.
Ordinance No 88-93
Condition B: No tentative approval has been granted for Subdivision application 90-5,
and the application has been held in abeyance since 1991.
Condition C: The report submitted and dated June 28, 2001 complies with the condition
to provide an annual progress report on or before June 30th. Compliance
with this condition is ongoing.
Condition D: Compliance with the requirement to install a drainage system in
accordance with the requirements of the Department of Public Works was
stipulated relative to the rezoning of this property as RA-2a. Identification
of the 100-year flood zone may conditionally satisfy this condition given
the current land use and relative to consolidation subdivision requests
which do not increase the number of existing lots. Public Works will need
to provide approval that requirements of a drainage system have been met
if you plan to proceed with approval for Subdivision application 90-5.
Condition E: The requirement fora 60' structural setback has been met as evidenced by
Subdivision 6254 map and recordation with the Bureau of Conveyances
doc. # 96-051320.
Condition F: This condition is relevant only if a request for ohana dwelling is sub-
mitted. Therefore, we agree that this condition is not currently relevant.
Condition G: Compliance with this condition has already been acknowledged.
Condition I: Although a preliminary subdivision plat map was submitted in December
1989, tentative subdivision approval was not granted. Subsequently,
Subdivision application 90-5 has been in abeyance since 1991. Although
a time extension request is not required at this time, if you choose to
pursue approval of Subdivision application 90-5, we will require that you
provide an updated preliminary plat map. You will also need to
demonstrate compliance with public access requirements pursuant to
Hawaii County Code, Chapter 34. Before requesting final subdivision
approval, you will need to demonstrate compliance with all conditions of
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Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
Page 4
October 22, 2001
SMA Use Permit no. 269
Conditions 3: The report by Myra Jean Tuggle submitted along with the annual progress
report June 28, 2001 complies with Condition 3.a. Once ascope-of--work
and research design are completed and approved by both the Planning
Department and the State Historic Preservation Division, you will need to
comply with the rest of the elements of Condition 3.
Should you have any questions, please contact either Eileen O'Hora-Weir or Susan
Gagorik of the Planning Department at 961-8288.
Sincerely,
L -
CHRISTOPHER J. YUEN
Planning Director
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xc w/ltr: Hawaii County Council
Planning Commission
Planning Department -Kona
Captain Cook Ranch LLC
Michael W . l~ibson, Manager
75-5722 Kuakini 1-Iwy., Suite 208
Kailua-Kona, P(awaii 96740
(808) 539-0483
June 28, 2001
Mr. Chris Yuen,
Planning Director
Hawaii County Planning Department
25 Aupuni Street
Hilo, HI 96720
Re: Annual Progress Report Ordinance No. 88-93(REZ 580);SMA Use Permit No. 269
Applicant: Kealakekua Ranch Ltd. Tax Map Key: (3) 8-2-2.:2 & 33; Kealakekua, South Kona,
Hawaii
Dear Mx. Yuen:
The conveyance of the subject property by Kealakekua Ranch Ltd. to Captain Cook Ranch
LLC was completed on March 21, 2000. As the Manager of Captain Cook Ranch LLC, I provide
the following progress report pursuant to Condition C of rezoning ordinance 88-93 effective June
30, 1988 and Condition 4 of SMA No.269 dated December 30, 1987. This letter will serve as the
Annual Progress Report for the year ending June 30, 2001.
The applicant sets out its compliance with the substantive conditions of Ordinance 88-93
and SMA Use Permit 269, which is listed as follows in order of the governmental "Condition" and
the applicant's "Response":
Ordinance 88-93
Condition A: The applicant, successors and its assigns shall comply with the stated conditions of
approval.
Response: The applicant, its successors and its assigns will comply with the stated conditions of
approval. Captain Cook Ranch LLC, as successor to the applicant herein, shall
comply with such conditions of approval.
Condition B: Subdivision Plans shall be submitted to the Planning Department within one year
from the effective date of the zone change and final approval shall be secured within
one year of tentative approval.
Response: By letter dated December 1, 2000, from the Planning Department to Mr. Gregory R.
Mooers, the agent for applicant Kealakekua Ranch, Ltd., it was noted that there has
been partial compliance with Condition B. However, it was further noted that
Tentative Subdivision Approval could not be granted until the archeological
282959
Mr. Chris Yuen,
~.jiannrng .LUlxector
Hawaii County Planning Department
June 27, 2001
Page 2 of 4
documents, that are required pursuant to SMA Use Permit No. 269, is approved by
the Planning Department and the State Historic Preservation Division. Since the
time of the last annual report, the applicant has retained the International
Archaeological Research Institute, Inc. (IARII) to prepare the work required by SMA
Use Permit No. 269. A copy of the report, dated June 20, 2001, from Myra Jean F.
Tuggle, the IARII project director in charge of this work, is attached for your review.
We hope to have the scope of work and research design completely in the near
future and will be submitting this document for your review and approval.
Condition C: An annual progress report shall be submitted to the Planning Department prior to
the anniversary date of the change of zone.
Response: Since the last report, the property has continued to be used for ranching purposes. A
grazing license has been given to a major Big Island ranching company and an
improvement program initiated to upgrade the fencing and water systems for better
pasture management, which is a prerequisite to further archeological survey on the
ground. There has been no development of infrastructure or construction of homes.
However, applicant has submitted an application for a large lot consolidation and
resubdivision (with no additional lots) of the property together with surrounding lots
to consolidate parcel ownership of these properties. The application (SUB 2001-
0053) is pending.
Condition D: Drainage system shall be installed in accordance with the Department of Public
Work's requirements.
Response: By letter report dated April 18, 1991 to the Chief Engineer from P. Yoshimura Inc. a
100-year flood study was conveyed to the County. The "100 year inundation area" is
shown on subsequent subdivision maps (688b) and on April 16, 1996 a "Covenant
Concerning Flood Plain" was recorded in the Bureau of Conveyances burdening the
property, both as required by the Department of Public Works. The requirements of
the Department of Public Works in regard to drainage have therefore been fulfilled,
given the present use of the property. Should actual use of the property change, this
issue would be revisited to address such proposed changes. Therefore, Condition D
has been conditionally satisfied.
Condition E: A minimum 60' wide structural setback along the Napoopoo Road boundary shall be
provided for future road improvements.
Response: A 60' wide structural setback as required by Subdivision 6254 on March 9, 1993 is
shown on all subsequent subdivision maps and is noted as an exception to title on
that certain Warranty Deed dated April 16, 1996 and recorded in the Bureau of
Conveyances as Document # 96-051320. Therefore, Condition E has been satisfied.
282959
Mr. Chris Yuen,
11~arinang ~lrec~oz
Hawaii County Planning Department
June 27, 2001
Page3of4
Condition F: Ohana dwelling units may be permitted provided the Chief Engineer determines that
the existing Mamalahoa Highway-Napoopoo Road intersection is adequate to service
such additional ohana units.
Response: There are no current requests fox any additional ohana dwelling units on the
property. Therefore, this condition is not presently relevant. However, it is
understood should ohana dwelling units be requested in the future, that such request
is subject to approval by the Chief Engineer as required by this Condition F.
Condition G: The applicant's share of any intersection improvement costs at the Mamalahoa
Highway-Napoopoo Road intersection shall be determined by the Planning
Department on a pro-rata basis.
Response: By payment of $161,250 on December 4, 1992, receipt of which was acknowledged
by letter from Virginia Goldstein dated January 27, 1993, Condition G was satisfied.
Condition H: All applicable rules, regulations and requirements shall be complied with.
Response: The applicant will comply with the foregoing condition.
Condition I: An extension of time for performance of conditions within the ordinance maybe
granted by the Planning Director.
Response: No extension of time is required or requested at the present time since the matter of
Tentative Subdivision Approval is deferred until the approval of the SOW and
research design fox the archaeological inventory survey as noted in your letter of
December 1, 2000 to Mr. Gregory R. Mooers.
SMA USE PERMIT 269
Conditions 1 & 2 -see response to Condition A of Ordinance No. 88-93 (REZ 580), above
Condition 3 -see response to Condition B of Ordinance No. 88-93, above.
Condition 4 -see response to Condition C of Ordinance No. 88-93, above.
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Mr. Chxis Yuen,
Nlannuig Ulrector
Hawaii County Planning Department
June 27, 2001
Page 4 of 4
Thank you for the opportunity to present this annual report on behalf of Captain Cook
Ranch LLC. While we assume that we have provided all of the information needed to assess the
status of this project, please feel free to contact me if you have any questions on the above or
attached.
Very Truly Yours,
CAPTAIN COOK RANCH, LLC
chael W. Ukibson, Manager
enclosure
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