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Home My WebLink AboutCOM 0254.002 1996-1998 . „ 4oy+7~`°•`••'!±w~ Virginia Goldstein •'s titeph~. n K. Yamashiru ~aie;e, \ Dirrnor f Mnrnr' - ~ t Russell Kokubun \ Depun'l7i rerlur I ~ Cn~uztfg n£ ~ttfuttii PLANNING DEPARTMENT J 25 Aupuni Strect, Room 109 • Hilo. Hawaii 96720-4252 (808) 961-8268 • Fax (808) 961-8742 September 23, 1998 Steven S. C. Lim, Esq. Cazlsmith Ball Attorneys at Law 121 Waianuenue Avenue P. O. Box 686 Hilo, Hawaii 96721-0868 Dear Mr. Lim: Change of Zone Ordinance No. 97-79 (REZ 858) Applicant: Kamehameha Investment Corporation Subject: Annual Report and Extension of Time to Condition B (Secure SMA Use Permit) Tax M,~Key 7-R-70' Portion of 2 (fnrmP y Pnrtinn of d) This is in regazds to your two letters dated September 14, 1998, submitting an annual progress report and requesting an extension of time to Condition B of Ordinance No. 97-79. Condition B of Ordinance No. 97-79 states: "B. An SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within one yeaz of the effective date of the change of zone;" The effective dated of Ordinance No. 97-79 is June 9, 1997. You have explained that the applicant was awaiting review and approval of the SMA maps for the County of Hawaii. However, since these maps aze not likely to be amended in the neaz future, the applicant was informed that they should proceed with securing an SMA Use Permit for the subject property. arts Na. ~N6/KN ~I, 7bi . p.~s. r~.eSEP .2 ~ ter Steven S. C. Lim, Esq. Page 2 September 23, 1998 The Planning Director has determined that non-performance is a result of conditions that could not have been foreseen and not a result of fault or negligence. The granting of the time extension is not contrary to the General Plan or Zoning Code, nor the original reasons for granting the permit. Therefore aone-yeaz extension of time to comply with Condition B is granted until June 9, 1999. Also, thank you for the submittal of your annual progress report by letter dated September 14, 1998, in compliance with Condition N of Ordinance No. 97-79. For your information, your next annual progress report will be due on or before June 9, 1999. Should you have any questions regazding this matter, please contact Susan Gagorik or Phyllis Fujimoto at 961-8288. Sincerely, 1-1-~ S ~~g ,~t~f~, ~~VIRGINIA GOLDSTEIN Planning Director SG:jkg f: \ wpwin60\susen\Ikics 101. skg cc w/ltrs: ?County Council Planning Commisson West Hawaii Office CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 TELEPHONE (80B) 935-6644 FAX (BOB)936-7975 DIRECT DIAL NO. OUR REFERENCE NO. (808) 935-6644 037796-7 W W W.CARLSMITH.COM September 14, 1998 HAND DELIVERED p Virginia Goldstein ~ Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 ~ Re: 1998 Annual Report -Ordinance No. 97-79 Change of Zone Application (REZ 89-13) Applicant: Kamehameha Investment Corporation Request: Unplanned (U) to Village Commercial (CV-7.5) Tact Map Key: 7-8-10:gortion of 2 (formerly portion of 41 (Area 31A1 Dear Ms. Goldstein: Effective June 9, 1997, Ordinance No. 97-79 rezoned from an Unplanned (U) to a Village Commercial (CV-7.5) designation approximately 10. 375 acres of land situate at Kahaluu, North Kona, and more particularly identified as tax map key parcel 7-8- l0:portion of 2 (formerly portion of 4). Pursuant to Condition N of Ordinance No. 97-79, applicant Kamehameha Investment Corporation (hereinafter "Applicant") submits its 1998 annual report for the subject project, outlining its compliance with the substantive conditions of rezoning approval and listing in order the governmental "Req sir m n "and Applicant's "$~,gg4p~" to the same. Requirement: (A) the applicant, successors, or assigns shall comply with all of the stated conditions of approval; Rem: Applicant will comply with the foregoing condition. 2005553.1.037756-7 B~rJ HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 2 R~.quirement: (B) an SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within one year from the effective date of the change of zone; Rte, one Applicant is submitting under separate cover a letter request to the Planning Director for aone-year extension of time to submit said SMA Use Permit application, pursuant to Conditions B and O herein. Applicant was awaiting approval of the Planning Department's proposed amendment to the SMA map for the County of Hawaii, which would have placed the project area outside the Special Management Area. However, Applicant has been advised that amendment of the County's SMA map will not likely occur in the near future, and that it should proceed with its SMA use permit application for the proposed development. )t~.quirement: (C) the required water commitment payment shall be submitted [o the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 90 days of the effective date of the change of zone ordinance; )Slr: On September 29, 1997, the Department of Water Supply confirmed that Applicant's transfer of three of its 1,479-unit water commitments to the subject project area would satisfy the foregoing condition. F.xhibit_A attached hereto. Requirement: (D) construction of the commercial office building shall be completed within five years from the effective date of this change of zone ordinance, which shall include securing Final Plan Approval for the proposed commercial office building from the Planning Director. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved parking stalls and driveway and other improvements associated with the proposed uses; Besp4nstr: Applicant will comply with the foregoing condition. 2005553.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 3 Requirement: (E) access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall design and construct the interior driveway and circulation improvements to interconnect with the existing adjoining commercial properties south of the subject property, meeting with the approval of the Department of Public Works. The applicant shall establish and record deed covenants for the subject property and the adjoining properties owned by the applicant which covenants shall assure that the interconnected driveway and circulation improvements are maintained and kept open during the regular business hours of the interconnected properties. All roadway improvements shall be constructed meeting with the approval of the Department of Public Works prior to the establishment of any new use or the issuance of a certificate of occupancy for any portion of the proposed development within the subject property; Response: Applicant will comply with the foregoing condition. Requirement: (F) curbs, gutters and sidewalks shall be constructed along the frontage of the subject property on Kamehameha III Road 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 within the subject property; $esno~: Applicant will comply with the foregoing condition. R~.quirement: (G) a drainage system shall be installed meeting with the approval of the Department of Public Works; $~pse: Applicant will comply with the foregoing condition. 2005553.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 4 Bequirement: (H) the applicant shall prepare a Solid Waste Management Plan prior to securing Final Plan Approval for the proposed development within the subject property meeting with the approval of the Department of Public Works; Re~onse: Applicant will coordinate with the Department of Public Works regarding a Solid Waste Management Plan for the proposed development. Requirement: (I) the applicant shall connect to its existing sewage treatment plant near Heeia Bay meeting with the requirements of the appropriate agency; Response: Applicant will comply with the foregoing condition. Requirement: (J) two copies of an archaeological data recovery plan shall be submitted for review and approval to the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division prior to submitting plans for plan approval. Appropriate mitigation measures shall be implemented prior to land alterations of the subject property; BesgQns~: Applicant will coordinate with the County Planning Department and State Historic Preservation Division regarding an archaeological data recovery plan and related mitigation measures for the subject property. Requirement: (K) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks 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 notified. 2005553.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 5 Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken; Besnonse: Applicant will comply with the foregoing condition. Requirement: (L) comply with all other applicable laws, rules, regulations and requirements; Rte, one Applicant will comply with all applicable laws, rules, regulations and requirements. R~.quirement: (M) 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 for the Unified Impact Fees Ordinance; Be~nonse: Applicant acknowledges and accepts the foregoing condition. Requirement: (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. 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; Bes~9IlSe: Applicant submits herein its first annual progress report. 2005553.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 6 B~quirement: (O) an 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 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 permit; 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 Rem: As discussed above, Applicant is submitting under separate cover a request to the Planning Director for aone-year extension to submit an SMA use permit application for the proposed development, pursuant to Conditions B and O above. Requirement: (P) Further, should any of the conditions not be met or substantially complied with in a timely fashion, the director shall initiate rezoning of the subject property to its original or more appropriate designation. B Applicant acknowledges and accepts the foregoing condition. 2005553.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 7 Thank you for the opportunity to present this annual report on behalf of applicant Kamehameha Investment Corporation. Please feel free to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Very truly yours, CARLSMITH BALL STEVEN LIM SSL:JEC Attachment xc w/attachment: Louis Kau Joseph Spencer 2005553.1.037756-7 u~ urq 1, +di O~ I~ r~ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o rI ".r>~ 25 AUPUNI STFEET HILO, HAWAII 96720 x~w~ TELEPHONE (608) 961-6660 FAX (806) 967-8657 September 29, 1997 Mr. Steven S.C. Lim Carlsmith Ball Wichman Case & Ichiki Attorneys at Law P.O. Box 686 Hilo, HI 96721-0686 CHANGE OF ZONE ORDINANCE NO. 97-079 REQUEST: TRANSFER OF THREE WATER COMMITMENTS TAX MAP KEY 7-8-O10:PORTION OF 002 AN,tA a)A This is in response to your letter of August 6. 1997. We have no objections to the subject transfers provided that all transfer of the 1.479-unit water commitment is accomplished within the Kamahameha Investment Corporation project area. This will satisfy Condition C of ordinance No. 79-079. Should there be any questions, you can contact our Water Resources and Planning Branch at 961-8660. Milton D. Pavao. P.E. Manager WA:gms copy - Kamehameha Investment Corporation EXHIBIT A (/Vafer brings progres6... CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 TELEPHONE (BOB) 935-6644 FA% (606)935-7975 DIRECT DIAL NO. OUR REFERENCE NO. (806)936-6644 037756.7 W W W.CARLSMITH.COM September 14, 1998 HAND DELIVERED O Virginia Goldstein ; n Planning Director Planning Department ~ - ><1 i County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 ' ~ r„ Re: Request for Extension of Condition B -Ordinance No. 97-79 i~ (Time to Submit SMA Use Permit Application for Development) Change of Zone Application (REZ 89-13) Applicant: Kamehameha Investment Corporation Request: Unplanned (U) to Village Commercial (CV-7.5) Tax Map Key: 7-8-10:nortion of 2 (formerly portion of 41 (Area 31 Al Dear Ms. Goldstein: Pursuant to Condition O of Ordinance No. 97-79, applicant Kamehameha Investment Corporation respectfully requests an administration extension of time from June 9, 1998 to June 8, 1999, in which to comply with Condition B of Ordinance No. 97-79 and submit an Special Management Area (SMA) Use Permit application for the proposed commercial development. Applicant was awaiting review and approval of the Planning Department's proposed amendment to the SMA map for the County of Hawaii, which, if approved, would have placed the proposed development outside the County's Special Management Area and no longer necessitated the submittal of an SMA use permit application. However, Applicant has since been advised that amendment of the County's SMA map will not likely occur in the near future, and that it should proceed with its SMA use permit application for the proposed development. SS 2005558.1.037756-7 HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY HAND DELIVERED Virginia Goldstein Planning Director September 14, 1998 Page 2 Applicant respectfully submits that granting of the one-year time extension would not be contrary to the General Plan or Zoning Code, or the original reasons for the granting of the rezoning application. Please do not hesitate to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL STEVEN S C. IM SSL:JEC xc: Louis Kau Joseph Spencer 2005558.1.037756-7