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HomeMy WebLinkAboutCOM 0254.000 1996-1998 CARLSMITH BALL WICHMAN CASE St ICHIIQ ATTORNEYS AT LAW nor^~-1,"`-^` 1 . A PARTNERSHIP INCLUDING LAW CORPORATIONS pt~i~ C 121 WAIANUENUE AVENUE .97 fiPR 16 I I I 2 35 POST OFFICE BOX 686 HILO, HAWAII 96727-0686 ~ - COU; ; " COUNTY (fir Hrl'dJAll TELEPHONE (606) 935-66x4 DIRECT DIAL NO. FAX (S08) 935-7975 OUR REFERENCE NO. 311 037756-7 April 16, 1997 HAND DELIVERED James Arakaki Chairperson Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Bobby-Jean Leithead-Todd Chairperson, Planning Committee Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 89-13) Applicant: Kamehameha Schools/B.P. Bishop Estates Request: Unplanned to CV-7.5 Tax Map Key: 7-8-10:p rtion pf 4 (10.375 acresl Dear Chairpersons Arakaki and Leithead-Todd: This will introduce myself as the attorney for applicant Kamehameha Schools/Bishop Estate (hereinafter "KSBE") in the above-referenced Change of Zone Application (REZ 89-13) pending before the Hawaii County Council, for rezoning of approximately 10.375 acres of land from an Unplanned (U) to a Village Commercial -7,500 square foot (CV-7.5) designation. Com,~ Dio, 2001423.1.037756-7 __~~~~1~~~~1~.-.~_~ Its. '2bl k~ef. DcRMP APR 1 61997., HONOLULU KAPOLEI HILO KONA • MAUI • GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY HAND DELIVERED James Arakaki, County Council Chair B.J. Leithead-Todd, Planning Committee Chair April 16, 1997 Page 2 As background, the project site is located northeast and immediately adjacent to the Keauhou Shopping Village-Increment II and abuts Kamehameha III Road. It is located within the State Land Use "Urban" District, and is designated for "Medium Density" urban development on the Hawaii County General Plan LUPAG Map. Applicant KSBE is contemplating an office and commercial complex to complement the existing Keauhou Shopping Village. As further background, on December 21, 1990, the Hawaii County Planning Commission voted to recommend approval by the County Council of the subject rezoning application, subject to conditions adopted at its hearing of even date. Attached for your reference are copies of the Planning Commission's January 23, 1991 recommendation letter to the County Council, and the Council Planning Committee's Report dated February 13, 1991 recommending passage at first reading. Applicant KSBE hereby respectfully requests that its rezoning request be set for hearing by the County Council as soon as is practicable, pursuant to Section 6 of Ordinance No. 96-160, which amended Chapter 25 of the Hawaii County Code relating to "Zoning" effective December 7, 1996, providing that: "SECTION 6. Any application for a zoning amendment filed by a property owner which, as of December 1, 1996, has been determined by the Planning Director to be accepted for processing, may, at the property owner's request, continue to be processed in accordance with the Zoning Code in effect as of the date of the Director's acceptance of such application; provided, however, that any provisions of the Zoning Code adopted by this ordinance relating to (a) notice to the public, neighboring property owners and lessees and (b) the procedures for processing a zoning amendment application shall apply. In the event that a zoning amendment request, processed pursuant to this section, is 2001423.1.037756-7 s HAND DELIVERED James Arakaki, County Council Chair B.J. Leithead-Todd, Planning Committee Chair April 16, 1997 Page 3 not forwarded by the Commission through the Mayor to the Council by the adoption of an ordinance within six months from the effective date of this ordinance, the requested amendment must thereafter be processed in accordance with the provisions of the Zoning Code adopted by this ordinance." Pursuant to Section 6 of Ordinance No. 96-106 above, an ordinance rezoning the project site from an Unplanned to a CV-7.5 designation needs to be adopted by the Council no later than June 6, 1997, in order to comply with the above requirements. Therefore, an early hearing by the Council of the subject rezoning proposal is being respectfully requested herein. Please do not hesitate to contact me at 935-6644, should you have any questions concerning the subject change of zone application. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL WICHMAN CASE & ICHIKI STEVEN .C. LI SSL:JEC Enclosure cc: Joseph Reynolds, Councilman, South Kona District Joseph Spencer, Kamehameha Investment Corporation Rene Ojiri-Kitaoka, Esq., Kamehameha Investment Corporation 2001423.1.037756-7 ~."~r•~~'~ Lorraine R. Inouye y'•< Planning Commission Mayor • • 25 Aupuni Street, Itm. 109 • Hilo, Hawaii 96720 • (808) 961-8288 ~:i January 23, 1991 Honorable Russell Kokubun, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Kokubun and Members: Rezoning Request - Kamehameha Schools/B.P. Bishop Estate Tax Map Key 7-8-10:Portion of 4 The Planning Commission, after a duly held public hearing on December 21, 1990 voted to recommend for your approval the proposed legislative bill to change the district classification for 10.375 acres of land from an Unplanned (U) to a Village Commercial - 7,500 square foot (CV-7.5) zoned district at Kahalu'u, North Kona, Hawaii. The applicant intends to construct an office complex which would tie in with the existing Keauhou Shopping Village. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: A. The applicant, successors, or assigns shall comply with all of the stated conditions of approval. E. An SMA Use Permit application for the development shall be submitted to the Planning Department within one year from the effective date of the change of zone. C. °inal Plan Approval of the proposed development shall be secured from the Planning Department within one year from the date of approval of the SMA Use Permit. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted Honorable P.ussell K.okubun, Chairman and Members of the County Council Page 2 a minimum of forty-five days prior to the date by which plan approval must be secured. D. Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. E. Access to the project site shall meet with the approval of the Department of Public Works. The following intersections shall be signalized and channelized at such time as required by the Department of Public Works: (1) two existing Shopping Village 6riveways at Kamehameha III Road and A1ii Drive; (2) Alii Drive-Kamehameha III Road intersection; and (3) the proposed mauka office complex driveway-Kamehameha III Road. F. Curbs, gutters and sidewalks shall be constructed along the frontage of the affected zoned area 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. G. A drainage system shall be installed meeting with the approval of the Department of Public Works. H. Two copies of an archaeological data recovery plan shall be submitted for review and approval to the Planning - Department 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 site. I. 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 Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. J. Comply with all other applicable laws, rules, regulations and requirements. Honorable Russell Kckubun, Chairman an6 P;embers of the County Council Page 3 K. 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 developers' election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. L. 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 and the Planning Director acknowledges that further reports are not required. M. 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 5) if the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. Further, should any of the conditions not be met cr substantially complied with in a timely fashion, the ,Director shall initiate rezoning of the area to its original or more appropriate designation. For your favorable consideration, an amendment to Section 25-87, the North Kona Zone Map, of the County Zoning Code is transmitted. Honorable Russell Kokubun, Chairman and Members of the County Council Page 4 We are enclosing a copy of the application and a copy of the staff tackground for your information. Sincerely, ..~r Fred Y. Fui-:_„ Chairman, F=-.::ring Commission Enclosures xc: Mr. Glenn Koyama ;4 r. Joe Spencer hir. Wallace Tirrell Department of Public Works Department of Water Supply Planning Office - Kona DLNR APPROVED: / ~v LORRAINE R. I O Y , MAYOR ntruHi ur ~Ht ~ ,~iITTEE ON PLANNING DATE: February 13, 1991 Re: Comm. 2257 PLACE: Councilroom TIME: 10 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Hill No. 391 regarding the rezoning request of Kamehameha Schools/B. P. Bishop Estate, Kahalu'u, North Kona, Hawaii, TMK: 7-8-10:Portion of 4, reports as follows: Bill No. 391 amends Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification of 10.375 acres of land from an Unplanned (U) to a Village Commercial - 7,500 square feet (CV-7.5). The applicant intends to construct an office complex which would tie in with the eaisti.ng Keauhou Shoppintf Village. In submitting its favorable recommendation, the Planning Commission concurred with the Planning Director on the following reasons: The requested zone change conforms to the General Plan Land Use Pattern Allocation Guide Map which designates the area as "Medium Density Urban Development". The project site, adjacent to Keauhou Shopping Village, is centrally and concurrently located within Keauhou Resort to serve the existing community and its planned expansion as a potential commercial use. The project site is situated in an area which has adequate infrastructure including water, sewer, electricity and transportation systems. Water will be provided from an existing 8-inch water line located along Kamehameha Iii Road; electricity and telephone will be supplied from existing lines along the adjacent roadway; and sewage will be accommodated by existing sewer lines along Kamehameha III Road or Alii Drive and a sewage treatment plant near Heeia Bay. PC REPORT N0, 193 ADOPTED: _ PC-193 Page 2 February 13, 1991 Access to the project site shall meet with the approval of the Department of Public Works. The following intersections shall be signalized and channelized at such time as required by the Department of Public Works: 1) two existing Shopping Village driveways at Kamehameha III Road and Alii Drive; 2) Alii Drive-Kamehameha III Road intersection; and 3) the proposed mauka office complex driveway-Kamehameha III Road. Curbs, gutters and sidewalks shall be constructed along the frontage of the affected zoned area on Kamehameha III Road meeting 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. A drainage system shall be installed meeting with the approval of the Department of Public Works. Two sites were identified within the project site but both were assessed to have minimal research value and only additional photographing was recommended. 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 Planning Department shall be immediately notified. Work shall proceed upon an archaeological clearance from the P1anliing Department when it finds sufficient mitigative measures have been taken. Your Committee on Planning is in accord with the intent and purpsoe of Bill No. 391 and recommends that it pass first reading. TA SHI D INGO, CHAIRMAN G~ HARRY S. UDDLE, CE CHR. ~Y. KI, MEMBER BRIAN J DE LIMA, MEMBER HELENE H. HALE, MEMBER , LE K. LAI, ER S ER K. SCHUTTE LA/CS