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Home My WebLink AboutCOM 0218.001 2002-2004 J~tv or N,~ yo; Harry Kim Christopher .l. Yuen Mavnr Ove in- ~r"' u• M'~~C Roy R. Takemoto - ~ ~ ~ Depuiv Direcror ~Cuixn#~r a~ ~ufirttii PLANNING DEPARTM$NT 10] Pauahi Street, Suite 3 Hilo, Hawaii 9ti720-3043 {RCR1~61-g2g8 Fax(808)961-&742 April 14, 2003 Mr. William L. Moore William L. Moore Planning 159 Halai Street Hilo, HI 96720 Dear Mr. Moore: Change of Zone Ordinance No. 92-40 (RE7 710) Applicant: Kohala Ranch, LLC Subject: Extension of Time for Condition (BB) Tax Map Key: 5-9-O1: Portion of 10; 5-9-09: Potion of 54; 5-9-10: 31-55, 57, 58, 60 and Portion of 56; and 5-9-11:1 This is in response to your letter dated April 3, 2003, requesting an administrative extension of time in accordance with provisions of Condition BB to comply with Condition H of Change of Zone Ordinance No. 92-40. Condition BB oCOrdinance No_ 92-40 states as follows: (B B) an extension of time for the performance of conditions, except for Condition B, within the ordinance maybe 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 applicant, 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 [he 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 may be extended for up to one additional year); and Comm. No. Z Ref. 70: Ref. Uate ~ ~ 2003 Mr. William L. Moore William L. Moore Planning Page 2 April 14, 2003 5) if the applicant 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 he met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. Condition H states that the intersection improvements shall be constructed within eighteen months of the effective date of the rezoning as determined by Condition B. The effective date of the Change of Zone Ordinance No. 92-40 is January 24, 2002. The Kohala Mountain Road-Kohala Ranch Road intersection improvements are to be completed by June 24, 2003. You are requesting an additional eighteen months to comply with Condition H based on Condition BB. 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. Further the granting of an eighteen-month extension of time would not be contrary to the General Plan or Zoning Code, nor the original reasons for granting the change of zone. Therefore, an eighteen-month extension of time to comply with Condition H is granted until January 24, 2005. Please he informed, however, should you need an additional extension of time to comply with Condition BB, your request and reasons, along with 20 copies of that request shall be forwarded to the Plamming Commission with a $250 filing fee. A public hearing will be held by the Planning Commission, who will forward their recommendation to the County Council. Should you have any questions regarding this matter, please contact Jeff Darrow at 96 ] - 8288. Sincerely, CHRISTOPHER J.~UEN Planning Director JWD:pak p'.hvpwinG0ycl0.leLLCrsVI knhalaranch RE!"11 Qdoc Mr. William L. Moore William L. Moore Plamiing Page 3 April 14, 2003 cc w/attach: ~ Hawaii County Council Planning Commission West Hawaii Office WILLIAM L. MOORS PLANNING 159 HALAL STREET HILO,HAWAII 96720 (SOS) 935-0311/Fax (SOS) 934-0162 Y ' i l~ wlmp@gte.net i , .~n;T April 3, 2003 Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street Hilo, Hawaii 96720-3043 Bear Mr. Yuen: Subject: Kohala Ranch LLC Time Extension Request for Compliance with Condition H Change of Zone Ordinance No. 92-40 Kohala Ranch Project IV at Kahua 15t, Kahua & Waika, North Kohala, Island of Hawaii In accordance with the provisions of Condition BB of Ordinance No. 92-40, Kohala Ranch LLC is requesting a time extension of eighteen (18) months to comply with Condition H which requires the following: Full channelization improvements at the Kohala Mountain Road-Kohala Ranch Road intersection, including acceleration/deceleration lanes and cleft-turn storage lane, shall be installed meeting with the requirements of DOT-Highways Division. Intersection improvements shall be constructed within eighteen months of the effective date of the rezoning as determined by Condition B. The cost of such improvements shall be borne by the applicant and shall not be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition R. Based on a Planning Department letter dated February 12, 2002, the effective date of Change of Zone Ordinance No. 92-40 is January 24, 2002 which is the date Condition (B)(2) was satisfied. This effective date in turn requires the Kohala Mountain Road-Kohala Ranch Road intersection improvements to be completed by June 24, 2003. Kohala Ranch LLC has retained Belt Collins Hawaii, Ltd. (BCH) to complete the design of the improvements in accordance with this requirement. BCH is proceeding with the design of the intersection improvements including the following: 1. Completing the topographic survey for design of the intersection improvements; 2. Completing the preliminary intersection geometric plan. The draft geometric Christopher J. Yuen April 3, 2003 Page No. 2 plan was submitted to the State Department of Transportation, Highways Division's Hawaii District Office for review and approval on February 24, 2003. 3. Completing the Traffic Access Analysis Report (TAAR), prepared by The Traffic Management Consultant. The draft TAAR was submitted to the State DOT Highways Division's Hawaii District Office on March 27, 2003. ~ This TAAR provides the basis of design for the intersection improvements. Upon DOT's concurrence with the preliminary geometric plan, BCH will proceed with the construction drawings for review and approval by DOT. Construction of the improvements will commence immediately thereafter. We anticipate that the construction design preparation and approval process will take approximately 6 to 9 months to complete. Construction of the improvements will take an additional 7 tp 10 months. Based on the above schedule, Kohala Ranch LLC is respectfully requesting an eighteen (18) month time extension, until January 24, 2005 to complete the improvements in accordance with Condition BB, which provides: An extension of time for the performance of conditions, except Condition B, within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is a result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time of extension would not be contrary to the General Plan or the Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for 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 may be extended for up to one additional year; and 5) if 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. 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. Christopher J. Yuen April 3, 2003 Page No. 3 Kohala Ranch LLC acquired the Kohala Ranch Project IV development area from the Kohala Ranch Joint Venture in March 2000. In August 2000, Kohala Ranch LLC filed an application to amend the existing zoning designation to the Project District zoning classification. The amendment to the timing of compliance of Condition H was as a specific provision requested by Kohala Ranch LLC as part of the Project District Application. Accordingly, if this amendment has been adopted, Kohala Ranch LLC would have had ample time to design and construct the required intersection improvements. During the Project District review process, Robert Acree, Kohala Ranch LLC president, conducted numerous meetings with interested individuals and groups. During this process, one of the major areas of comment was on the residential density approved under the existing zoning. In response to the input, in May 2002, Kohala Ranch LLC submitted revisions to its Project District application, committing to a minimum 20% reduction in residemial density subject to approval of the Project District zoning designation. As a result of this reevaluation, Kohala Ranch LLC was unable to proceed with any final design until it was clear what the maximum unit count would be for the Project IV development area. Subsequently, in October 2002, Kohala Ranch LLC withdrew its Project District application stating that a small group of individuals had persistently created a negative campaign of misinformation and threatened litigation. Therefore Kohala Ranch LLC indicated that it would proceed with the project under the existing zoning classifications and in accordance with the conditions of approval. At the time of the Project District application, Kohala Ranch LLC could not foresee the opposition by certain individuals to the request nor the threat of litigation since the request would have lowered the overall density as well as address other concerns and issues of residents/owners within the Kohala Ranch project area. Immediately upon withdrawal of the Project District application, Kohala Ranch LLC began planning of its first residential increment and on January 13, 2003, submitted its subdivision application fora 42 lot development within the Project IV development area. In addition, it began the TAAR, engineering review and survey work for the Kohala Mountain Road - Kohala Ranch Road intersection, as stated above. However, the time required to complete the studies, engineering design, approval process and construction of the intersection improvements necessitates the time extension request. The granting of the time extension request would not be contrary to the General Plan nor the original reasons for granting the change of zone request. The Hawaii County General Plan Land Use Pattern Guide Map designates the area for Low and Medium Density Urban Development and Open uses. The development is consistent with these designations which provide for commercial, residential and outdoor recreational uses. Christopher J. Yuen April 3, 2003 Page No. 4 From the time of its inclusion in the comprehensive General Plan review and amendment in 1988 through the change of zone proceedings that led to the enactment of Ordinance No. 92- 40, Kohala Ranch Project IV has always been proposed as aself-contained residential community with support facilities and amenities through would comprise awell-rounded living environment for its residents. The purpose of the rezoning has not changed. Kohala Ranch LLC believes that this concept remains feasible and is committed to continuing with the development of the Project Area under this concept. The conditions of approval require potential adverse impacts be appropriately mitigated. Accordingly, we believe that the extension would not be contrary to the original reasons for granting of the change of zone. The time extension request is for a total of eighteen months, which does not exceed the period originally granted for performance. Kohala Ranch LLC believes that it can complete the design and approval process and complete construction of the intersection improvements within this time period. In conclusion, we believe that the subject time extension request complies with the requirements of Condition BB of Ordinance No. 92-40. Your timely consideration of this request is appreciated. Please call me if you have any questions on this matter or if you require any further information. Sincerely, Cl?~~C ~ William L. Moore attachments cc: Bob Acree/Wally Campbell, Kohala Ranch LLC R. Ben Tsukazaki, Tsukazaki Yeh & Moore Cheryl Palesh, Belt Collins Hawaii