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HomeMy WebLinkAboutCOM 0286.000 2002-2004 V~<Y Of p,W ~O; ' Y Harry Kim Christopher J. Yuen Muyor ~ rl_. ~J ~ ~ I _ ~,~'recfnr r.•. ~ ~~1~~ o_I.MI<1~ ' 03 JUL 1? ~ T~mato Drpurv Direrror ~~~xx~f~ of ~tt£trttti tour: PLANNING DEPARTMENT COUNT}" d= ti,~V'JAII t O1 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (8tl8) 901-8288 Fax (808) 961-8742 July 14, 2003 Steven S.C. Lim, Esq. Cadsmith Ball 121 Waianuenue Avenue Hilo, HI 96721-0686 Dear Mr. Lim: State Land Use Boundary Amendment Ordinance No. 92-35 (SLU 811) Change of Zone Ordinance No. 92-36 as amended by Ordinance 95-118(REL 709) Change of Zone Ordinance No. 86-49 as amended by Ordinance 90-010(REZ 524) Applicant: Hualalai Properties, [ne. (succeeded by CL&D Sewen, LLC) TMK: 7-5_010:013 formcrl~ 7-5-10: portion of 13 and 7-5-023: 63,64 & 671 This is to acknowledge receipt of your 2001-2002 Annual Progress Report dated July 7, 2003, submitted in compliance with Condition N of the above-referenced ordinances. We have conducted a review oC our files and have the following comments: 1 . Ordinance No. 9.'-35 vnended the State Land Use Boundary from an Agricultural to au Urban designation [ur 3.224 acres of land for TMK: 7-5-010: portion of 13. 2. Ordinance No. 92-36 (amended by Ordinance 95-118) reclassified the following zoning designation: TMK: 7-5-010: portion of 13 a: Unplanned to Multiple family Residential for 3.224 acres h: Double Family Residential to Village Commercial for 2.117 acres TMK: 7-5-023: 063 a: Double Family Residential to Village Commercial for 0.179 acres Comm. No. Ref. To: ~ Ref. Dote^ Steven S.C. Lim, Esq. Carlsmith $all Page 2 July 14, 2003 3. Ordinance No. 86-49 (amended by Ordinance 90-10) reclassified the following zoning designation: TMK: 7-5-023: 064 & 067 a: Double Family Residential to Village Commercial 1.042 acres 4. The total development area For this project is 6.562 acres. 5. Condition B of Ordinance 92-36 (as amended by Ordinance 95-118) stated that the required water commitment payment be submitted to DPW in accordance with its "Water Commitment Guidelines Policy." Our office acknowledge receiving a copy of the receipt dated September 18, 1992 of the required $6,600 water commitment deposit and acknowledged compliance with this condition in our October 21, 1992 letter. Our office scat a letter on January L5, 1993 to Attorney Robert Triantos stating that DPW's letter dated September 18, 1992 stipulated that a water commitment for the additional 44 units had been granted until September 30, 1995 for a total water commitment of 66 units. The other 22 units are available and committed to the property by virtue of the previous zoning with no time limit according to Quirino Antonio of DPW. We stated that with the above action, Condition B of Ord. 92-36 was complied with until September 30, 1995. We also stated that if the development was not completed by this date, an extension would need to be applied Cor and secured for DPW in conjunction with their water commitment policies and regwrements. Our records show that an additional water commitment time extension was granted from DPW until September 30, 1997. We do not have any information beyond this date showing compliance with condition. Please submit information showing that a water commitment time extension has been secured up to this date. Steven S.C. Lim, Esq. Carlsmith Ball Page 3 July 14, 2003 6. Condition C of Ordinance 92-36 (as amended by Ordinance 95-118) required Consolidation approval of the subject properties (TMKs:7-5-O10:portion of 013 and 7-5-023:063 & 067. This was complied with on October 28, 1992. In our letter dated September 15, 1992, we stated that `since the overall development is contingent upon the compliance of conditions of both Ordinance No. 92-36 and 90-10, especially with respect to the Consolidation condition of Ordinance No. 92-36, we shall use the effective date of Ordinance No. 92-36 to monitor the time conditions of both ordinances.' 7. Condition E of Ordinance 92-36 (as amended by Ordinance 95-118) stated that construction shall commence withiu five (5) years from the date of receipt of final Plan approval and shall be completed within two years thereafter. In our letter dated llecember l6, 1997, an administrative time extension was granted until June 2, 2003 to commence construction and that construction shall be completed by .tune 2, 2005. According to your letter, construction activity has commenced. Please be informed that any additional extension of time beyond June 2, 2005 will require Planning Commission action. As noted above, the extension of time also applies to Ordinance 90- l0 (REZ 524). 8. Condition N of Ordinance 92-36 (as amended by Ordinance 95-118) states that an annual progress report shall be submitted to the Planning Director prior to the am~iversary date of this ordinance. The effective date of Ordinance 95-1 ] 8 is October 12, 1995. Since we are using the effective date for Ordinance 95-118 for both ordinances (95-1 18 and 90-010), we will accept one annual progress report for both ordinances. The next annual progress report will be due on or before October 12, 2003. Steven S.C. Lim, Esq. Carlsmith Ball Page 4 July 14, 2003 We appreciate the thoroughness of your reports. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, CHRISTOPHER J. Uh Planning Director JWD:pak p_wpwin60Aj cfFllcttcrsVLLftnAP R-REZ709&524.doc cc w/copy of letters: Hawaii County Council Planning Commission Planning Department-Kona CARLSMITH BALL LLP A I-IMI~ F,D LIABILITY LAW PART NF,RSHIP o n j ~ ~ , W"'"""t""` AFL""~' '03 JUL 17~~ P~ 2 13 P.O. eox esa C-'". 'T Hu.o,HAWAII9~~zi-oesr~ ~ / CCCIF,~'1 rl=:,: TI I EPHONE (8118) 9g5-6644 FAX ~~OR) 935-7975 `-'~UN~ W W_CARLSMffH.CC~M e-Nine OUR REPGRPN CE NO. SLIM@CAR LS MI"1'H.COM OSF^ July 7, 2003 Christopher Yuen Planning Director Planning Department County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Re: Change of Zone Ord. No. 86-49, as amended by Ord. No. 90-010 (REZ 524) Applicant: Hualalai Properties, Inc. Successor Applicant: CL & D Seven, LLC Tax Map Key: ~1 7-5-10_:portion of 13 (formerl~(3) 7-5-2364 and 67) Dear Mr. Yuen: I Effective June 2, 1986, Ordinance No. 86-49 amended the County zoning designations of tax map key parcels (3) 7-5-23:64 and 67 from Multiple Family Residential (RM- 2) to Village Commercial (CV-7.5)_ Effective Feb»ary ] 3, 1990, Ordinance No. 90-010 modified Conditions E, E, F and G of Ordinance No. 86-49 as stated below. In compliance with Condition [ of Ordinance No. 90-010, applicant CL & D Seven, LLC submits its 2001-2002 annual progress report regarding the subject project and its compliance with the substantive conditions of rezoning approval, listing in order the governmental "CONDITION"and Applicant's "RESPONSE" to same. CONDITION A: The petitioners, successors or their assigns shall be responsible for complying with al] of the stated conditions of approval. RESPONSE: Applicant shall comply with the foregoing condition. i CONDITION B: Revised Final Plan Approval shall be secured from the Planning Department within one year from the effective date of this amendment To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured- HONOI OI II Knrom Hno Kown 1AAw ~;i ~.,m - Sr~P.vi Los AHikL(d ~ C%nvir~c,ioN. DC hib~N ~v Christopher Yuen Planning Director July 7, 2003 Page 2 RESPONSE: On February 11, 1991, the Planning Department approved Applicant's request for an extension of time until February 13, 1992. On October 28, L992, the Planning Department approved Applicant's consolidation of tax map key parcels (3) 7-5-10: portion of 13 and (3) 7-5- 23:63 and 7-5-23:67 (parcels 64 and 67 consolidated). Being part of the master-planned commercial/residential development, Final Plan Approval was granted for the project involving all of the consolidated parcels on June 2, 1993. See, Exhibit I_ CONDITION C: Construction of the proposed improvements shall commence within one year from the date of receipt of final plan approval and be completed within two years thereafter. RESPONSE: On June 2, 1993, the Planning Director granted Final Plan Approval for the subject project. Subsequently, on December 16, 1997, the Planning Director granted Applicant an administrative time extension of five years until June 2, 2003, in which to commence project construction. In August 200() the subject property was conveyed to another party and then again in January 2002 to Successor Applicant Due to the changes in management and financing required, the verified construction for the project was held up. However, since taking ownership Applicant has commenced construction on the project by submitting a grading plan, and he was issued a grading permit. The grading work was performed on the project in January of 2002. Work within the County right-of--way was completed for the Sewer on September I, 2000. CONDITION D: A drainage system shall be installed in accordance with the requirements of the Department of Public Works. RESPONSE: On June 2, 1993, the County of Hawaii issued Final Plan Approval for the subject project, with the condition that all recommended drainage improvements be installed prior to issuance of a certificate of occupancy. See, Exhibit 1. CONDITION E: Curbs, gutters and sidewalks shall be provided along the length of Hualalai Road fronting the subject property meeting with the requirements and standards of the Department of Public Works. These improvements shall be constructed prior to the issuance of any occupancy permit or prior to the granting of final subdivision approval, whichever comes first A bond and agreement for the construction of these improvements may be entered into prior to final subdivision approval; provided however, the improvements shall be installed prior to the issuance of any occupancy permit on the subject properties. RESPONSE: On June 2, 1993, the County of Hawaii issued Final Plan Approval for the subject project, with the condition that all recommended drainage improvements be installed prior to issuance of a certificate of occupancy. See, Exhibit 1. Christopher Yuen Planning Director July 7, 2003 Page 3 CONDITION F: A five-foot wide road widening strip along Hualalai Road shall be delineated on the plans submitted For subdivision and/or for plan approval review. No structural improvements shall be allowed within this road widening strip, provided however, any required landscaping may be permitted within this strip. Further, applicable setbacks shall be taken from the 5-foot future road widening strip line. RESPONSE: On June 2, 1993, the County of Hawaii issued Final Plan Approval for the subject project, with the condition that all recommended roadway improvements be installed prior to issuance ofa certificate of occupancy. The five-toot wide strip was included in plan approval. See, Exhibit I. CONDITION G: All other applicable rules, regulations and requirements shall be complied with. RESPONSE: Applicant shall comply with the foregoing condition. CONDITION H: 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. RESPONSE: Applicant shall abide by the applicable provisions of a Unified Impact Fees ordinance, should one be adopted by the County of Hawaii. CONDITION I: An anmial 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. RESPONSE: Applicant submits herein its 2001-2002 annual progress report. CONDITION J An initial 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, Christopher Yuen Planning Director July 7, 2003 Page 4 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) If the applicant should require an additional extension of time, Che 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. RESPONSE: Applicant shall comply with the foregoing condition, should further extensions of time be required for compliance with the conditions of rezoning approval set forth above. Thank you for the opportunity to have presented this annual report on behalf of applicant CL & D Seven, LLC'. Please feel free to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Very truly yours, CARI_SMITH BALL _ ,ih. r~~r STEVEN S. Cj L,IM S SL: np xc Robert Triantos CL & D Seven, LLC d:. COUNTY PLANNING DEPARTMENT F I N A L P L A N A P P R O V A L ~plicant HUALALAttI~~ GARDENS Date MAY 25, 1993 ~x Map Key 3=~-~~~ 6zi,65,66,67 (Consolidated) Location North Kona oposed Use Two new commercial office buildings one CV-7.5 & RM-2.5 Parcel Area 6.563 Acres a As shown on Plan Conments ont Yard 15'-0" OK - tyard 12'-0" OK 3e Yard 10'-0" OK 60' -0" OK Of Strvctnre ~ ess to Parking ff f Hualalai Rd. Subiect to DPW Requirements street Parking 176 stalls OK Office Buildings: 65,312 s.f./400 s.f.=163.28 stalls 134 R ular 37 C ct Deli: 2000 s.f./200 s.f.=10 stalls 5 Handicap Minimum off-street rking required: 173.28 stalls See condition No. 1 ng a nd oading Space 1 stall OK .y ~g: Material Height _ Locatiom _ aping As per Plan _OK See condition No. 2 ~ ~1 y` 'row r . JUFi~cCt tv` DF:'i RE+a'l7ir o+2±St~ ~xxlar.r i thers KVUC Requirements OK Recoranendation of a royal 1/12 93 Chan e of Zone Ordinance R irement CK Com licence r attached transmittal letter dated A ril 23, 1993 received b the Plannin De rtment on A ri.l 26, 1993. Consolidation Requirement OR Consolidation No. '186 editions: 1. Approved off-street parking shall be paved and striped prior to issuance of the certificate of occupancy. 2 Approved landscapin improvements shall be installed grior rn hhe ;sc„a f rt, the certificate of occupancy. 3. Cpnstruction shall commence within one year from the date of receipt of Fi eat ytan Approval and shall be completed within 2 years thereafter. 3. All ochet applicable condition of Change of Zone Ordinance Plo. 92-36 shall be complied with. i All recommended roadway improvements, including curb, gutter__aIId sidewalk imL' ovPm~rc shall be installed prior to issuance of the certificate of oc~pancv a r JUN 1 ~g93 9/as ( 732.LA/9A) COUNTY PLANNING DEPARZIdENT F I N A L P L A N A P P R O V A L >plicant HUALALAI GARDENS Date MAY 5, 1993 7- - rx Map Key 7-5-23~ 64,65,66,67 (Consolidated) Location North Kona oposed Use 98 Unit Multiple Family Residential Dwellings ne CV-7.5 & RM-2.5 Parcel Area 6.563 Acres As shown on Plan Comments ant Yard 8'-O" OK 3r Yard 12'-0" OK 9e Yard 10"-O" OK Of Structure 45'-0" OK :ess to Parking Off of Hualalai Rd. Subject to DPW Requirements Street Packing 109 Stalls OK 48 units x 1.25 = 60 stalls 60 Regular Minimum off street parking required = 60 stalls 41 Com ct See condition no. 1 3 Handica i ng a nd Loading Space _ ity® 48 units OK - .ng: Material - Wooden OK Height Less than 6' OK Location Perimeter OK Gaping ~r ply-------- OK Firm R irement;_s ~ _ :7ub-ect to D reGu.irem2~~Cs ~ a_t~ _._._._T-._.__.---.__.._--.-----_..._.- .___1N.__~__- thers FCVDC Requirements OK Recommendation of approval 1/12/93 Ch n of Zone Ordinance R firemen OK Com liance r attached transmittal letter dated A ril 23, 1993 received by the Planning rtment on A ril 26, 1993 Consolidation R uirement OK Consolidation No. 786 ~nditions: Approved off-street parking shall be paved and striped prier to issuance of the certificate of occu nc . Approved landscaping improvements shall be installed prior to the issuance of the t' f'ra to of OCCUDdI1CY. Construction shall commence within one Year from the date of receipt of Final Plan approval and shall be completed within 2 years thereafter. All other applicable condition of Change of Zone Ordinance No. 92-36 shall be complied with. pll recc anrlx7 roadway improvements including curb gutter and sidewalk improvements shall be installed prior to issuance of the certificate of occupancy. l U "U~Yv ect r JUN a, 1993 :e 09/85 (7321A/9AD CARLSMITH BALL LLP A LIMITED IIABILITV LAW PARTNERSHIP 1 R~( }~.'f~ r~ I1,1 WAIANUf,.NUf AVENUE. „ , ~OJ ~~J IJ ~ ~ 3 P.~. I30X 6HC L`~.,, ~ ~ ' ~ Hu.o,Hn~wnu9e~zi-oyes ~ ~ ~uU~ C;i_ i,,~ T~EEPiioNE ~sos~ oss-6642 Fnx`s s~ ass-~9r; COUtuTI' i,= HAW,411 WW W.Ch KLSMITH.COM E-1AA[L OUR R6FEAENCIi NO. SLIMC~CA RLSMI"r H.COM 056254-1 July 7, 2003 Christopher Yuen Planning Director Planning Department County of Hawaii ] 01 Pauahi Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Ord. No. 92-35 (SLU 811) Change of Zone Ord. No. 92-3C, as amended by Ord. No. 95-I 18 (REZ 709) Applicant: Hualalai Properties, [nc. Successor Applicant: CL & D Seven, LLC Tax Map Key: (3) 7-5-10: L3 (formerly~3) 7-5-10:oortion of 13 and 7-5-23:63) Dear Mr. Yuen: Effective April 24, 1992. Ordinance No 92-35 amended the State Land Use District Classification of tax map key pares] (3) 7-5-I O:portion of 13 from the Agricultural to the Urban District, and Ordinance No. 92-36 amended the County zoning designations of tax map key parcels (3) 7-5-10: portion of 13 and (3) 7-5-23:63 from Unplanned (U) to Multiple Family Residential (RM-2.5) and From Double Family Residential (RD-3.75) to Village Commercial (CV-7.5). Effective October 12, 1995, Ordinance No. 95-I 18 amended Condition E of Ordinance No. 92-36 to require that project construction commence within five years from the date oFFinal Plan Approval, or no ]ater than June 2, 1998, and be completed withiu two years thereafter, or no later than June 2, 2000. On December 16, 1997, the Planning Director granted an administrative time extension of five years from June 2, 1998 to June 2, 2003, in which to commence project constriction See, Exhibit A attached to Applicant's annual report dated November I I, 1998 (hereinafter referred to as "]998 report"). In compliance with Condition N of Ordinance No 95-1 ] 8, applicant CL & D Seven, LLC submits its 2001-2002 annual progress report regarding the subject nr~jerr Znd $c Ilcammw ~ Knrcw ~ Hno ~ Koi ~ - 1r1an - Gunn - Snnn,n n' ~ lot nrvalia - ~;%nsrnn~~ioN. ?C - Mrx',co Christopher Yuen Planning Director July 7, 2003 Page 2 compliance with the substantive conditions of rezoning approval, listing in order the governmental "CONDITION"and Applicant's "RESPONSE" to same. CONDITION A: The applicant, its successors or assigns be responsible for complying with all ofthe stated conditions of approval. RESPONSE: Applicant shall comply with the foregoing condition. CONDITION B: The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Cniidelines Policy" within ninety days from the date of approval of the change of zone. RESPONSE: On September 18, 1992, the Department of Water Supply acknowledged receipt from Applicant of the required water commitment payment of $6,600.00. See Exhibit la to Applicant's annual progress report dated May 17, 1994 (hereinafter referred to as "1994 report"). On October 21, 1992, the Planning Department acknowledged Applicant's compliance with the foregoing condition. See, Exhibit ]b to 1994 report. CONDITION C: Consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of approval of the Change of Zonc request. Plans for Final Plan Approval shall not be processed until consolidation approval has been secured. RESPONSE: On October 28, 1992, the Planning Department approved Applicant's consolidation of tax map key parcels (3) 7-5-10: portion of 13 and (3) 7-5-23:63 and 67. See, Exhibit 2 to 1994 report. CONDITION D: Final Plan Approval shall be secured from the Planning Department within one year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Pinal Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25- 244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. RESPONSE: On June 2, 1993. the Planning Director granted Final Plan Approval for the subject project. See, Exhibit 3 to 1994 report. Christopher Yuen Planning Director July 7, 2003 Page 3 CONDITION E Construction shall commence within five (5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. RESPONSE: As discussed above, on June 2, 1993, the Planning Director granted Final Plan Approval for the subject project. Subsequently, on December 16, 1997, the Planning Director granted Applicant an administrative time extension of five years until June 2, 2003, in which to commence project construction. In August 2000 the subject property was conveyed to another party and then again in January 2002 to Successor Applicant. Due to the changes in management and financing required, the verified construction for the project was held up. However, since taking ownership Applicant has commenced construction on the project by submitting a grading plan, and he was issued a grading permit. The grading work was performed on the project in January of 2002. Work within the County right-of--way was completed for the Sewer on September 1, 2000. CONDITION F: A detailed archaeological mitigation plan shall be prepared and submitted for approval by the Planning Department, in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan. RESPONSE On January 25, 1993, the Planning Department acknowledged receipt of Applicant's archaeological mitigation plan earlier approved by the Department of Land and Natural Resources and determined that Applicant had complied with the foregoing condition. See, Exhibit 5 to ]994 report CONDITION U: Should any unidentified sites or remains such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, paving, or walks he 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. RESPONSE: On August 26, 1992, the Hawaii Island Burial Council approved Applicant's "preservation in place" plan for a burial site located on tax map key parcel 7-5-10:13. In its September 3, 1992 follow-up letter, the Department of Land and Natural Resources (DLNR) set forth recommended site preservation measures. See, Exhibit 6a to 1994 report On April 15, 1993, a lava tube was uncovered during site preparation, whereupon DLNR archaF:ologist Marc Srnith conducted a site inspection and determined that no significant urchaeoiogical artifacts or resources had 'been uncovered and no other areas required Christopher Yuen Planning Director July 7, 2003 Page 4 preservation-in-place. On May 21, 1993, the DLNR approved continuation of site work on the condition that Applicant's final data recovery report include information gathered from the newly discovered lava tube. See, Exhibit 6b to 1994 report. On December 6, 1993, DLNR administrator Don Hibbard inquired into the status of compliance with preservation measures outlined in his September 3, 1992 letter. See, Exhibit 6e to 1994 report. On December 9, 1993, Applicant's architect Terry Cisco outlined compliance measures undertaken for preservation of the burial site. See, Exhibit 6d to 1994 report. On September 3Q 1994, project archaeologist William Barrera transmitted a draft Archaeological Data Recovery Report to the State Historic Preservation Division of DLN1R. On January 26, 1995, State Historic Preservation Division administrator Don Hibbard recommended revisions to archaeologist Barrera See, Exhibit C attached to Applicant's annual progress report dated May 9, 1995 (hereinafter referred to as " 1995 report"). On August 29, 1995, administrator Hibbard approved the Final Archaeological Data Recovery Report submitted by Mr. Barrera, indicating that "[t]he revised report contains all of the major changes that we had previously requested and now meets with our approval". See, Exhibit 2 attached to Applicant's annual progress report dated October 10, 1996 (hereinafter referred to as "1996 report"). On March l9, 1996, DLI~IR administrator Don Hibbard inquired into the status of burial site restoration in his letter to archaeologist Barrera. See, Exhibit 3 attached to 1996 report- At the present time, project development, including restoration of the archaeological/ burial site to its pre-excavation condition and installation of a protective wall, landscaping and signage, has been scheduled fur completion by Applicant upon receipt of project financing. However, in the meanwhile, should additional archaeological sites or remains be uncovered, Applicant will notify the Planning Department and DLNR and cease work until agency review and clearance are obtained. CONDITION H: The applicant shall install all recommended road improvements as required by the Department of Public Works, including a left turn lane, acceleration and deceleration lanes, curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments. RESPONSE: On June 2, 1993, the County of Hawaii issued Final Plan Approval for the subject project, with the condition that all recommended roadway improvements be installed prior to issuance of a certificate of occupancy. See, Exhibit 3 to 1994 report. Christopher Yuen Planning Director July 7, 2003 Page 5 CONDITION I: Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area are required (i.e. roadways, parks, police, fire, etc.), the applicant and its successors or assigns shall pay or contribute its pro rata share of such additional improvements. Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees. RESPONSE: On November l6, 1992, the Planning Department waived the County of Hawaii's requirement for a pro rata share of additional improvements and determined that the foregoing condition would not be applied to Applicant's project. See Exhibit 7 to 1994 report. CONDITION J: The applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department, in consultation with the Department of Education, prior to Final Plan Approval of the residential project. The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development. RESPONSE: On December 1, 1992, the State Department of Education waived Applicant's fair- share contribution for additional school facilities. See, Exhibit 8a to 1994 report. On March 16, 1993, the Planning Department determined that Applicant had complied with the foregoing condition. See, Exhibit 8b to 1994 report. CONDITION K_: To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii, which shall be used for park purposes. The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to the DepartmenC of Parks and Recreation and the Planning Department. If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to the issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Departrnent, in consultation with the Department of Parks and Recreation, Christopher Yuen Planning Director July 7, 2003 Page 6 prior to issuance of a certificate of occupancy for the residential development. RESPONSE: On April 22, 1993, the Planning Department, in consultation with the Department of Parks and Recreation, authorized Applicant to make an in-lieu monetary fee payment of $101,8]4.62 to satisfy the foregoing condition. See, Exhibit 9a to 1994 report. On March 24, 1994, the Planning Department agreed to payment of the aforementioned in-lieu monetary fee based on the following schedule: (1) fifty per cent upon acceptance of these terms, and (2) fifty per cent prior to issuance of a certificate of occupancy for the first multiple family residential structure in the project. See, Exhibit 9b to 1994 report. On April 18, 1994, the Planning Department acknowledged receipt of Applicant's first installment of $50,907.31 as set forth above. See, Exhibit 9c to 1994 report- CONDITION L: To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65 This housing plan shall be approved by the County Housing Agency prior to final plan approval of any portion of the residential zoned area; provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the pro}>erty; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. [ZESPONSF_: On April 7, 19>3, the Hawaii County Housing Agency approved Resolution No. 90, wherein Applicant was authorized to make an in-lieu monetary fee payment of $75,200.00 to satisfy the foregoing condition See, Exhibit l0a to ] 994 report. On June 3, ] 993, the Planning Department acknowledged receipt of Applicant's first fifty per cent installment of $37,600.00, noting that Applicant's second fifty per cent installment would be payable within one year from the date of Final Plan Approval (or June 2, 1994). See, Exhibit lOb to L994 report. On June 2, 1994, Applicant submitted the aforementioned second fifty per cent installment to the Planning Department, and on June 6, ] 994, the Office of Housing and Community Development acknowledged Applicant's fulfillment of its affordable housing requirement under Condition L of Ordinance No 92-36. See, Exhibits D and F, attached to 1995 report. Christopher Yuen Planning Director July 7, 2003 Page 7 CONDITION M Comply with all applicable laws, requirements, rules and regulations including those of the Fire Department, Department of Health, and the Department of Land and Natural Resources. RESPONSE: Applicant shall comply with the foregoing condition. CONDITION N: An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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. RESPONSE: Applicant submits herein its 2001-2002 annual report. CONDITION O: 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 cif the Unified Impact Fees Ordinance. RESPONSE: Applicant shall abide by the applicable provisions of a Unified Impact Fees ordinance, should one be adopted by the County of Hawaii. CONDITION P (P) an initial 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 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 extanded 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 Christopher Yuen Planning Director July 7, 2003 Page 8 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. RESPONSE: Applicant shall comply with the foregoing condition, should further extensions of time be required for compliance with the conditions of rezoning approval set forth above. Thank you for the opportunity to have presented this annual report on behalti of applicant CL & D Seven, LLC. Please feel free to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Very truly yours, CARLSMITH BALL STEVEN S. L~M SSL:np i f xc: Robert Triantos CL & D Seven, LLC zozzn rosezsa-ooom