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Home My WebLink AboutCOM 0314.001 2002-2004 ~M~Y Os rr~W 4, Y Harry Kim ~ Christopher J. Yuen Mr yar Dirednr ~}---~[I I, ~ - 1 OF M~ ~ _J • Roy R. Takernoto 03 AUG 13 AI~ly~rgr7 (t~a~txlfg of ~tttvutR corr. ~ r~; PLANNING D)rPARTMENT COUNT ti' ~r H,1!,"511 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-828A Fax(808)961-87h2 August 6, 2003 Steven S.C. Lim, Esq. Carlsmith Ball 121 Waianuenue Avenue Hilo, Hawaii 96720 Dear Mr. Lim: Change of Zane Ordinance No. 97 79 (REZ 858) Applicant: Kamehameha Investment Corporation Subject: Annual Report Tax Map Key: 7-8-010: 94 (formerly 7-8-10: Portion of 2) This is to acknowledge receipt of your letter dated July 30, 2003, containing an annual report in compliance with Condition N of Change of Zone Ordinance No. 97 79 (REZ 858). Thank you for complying with these requirements. The next annual report will he due on or before October 12, 2004. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, r` ! ~ tf l- CHRISTOPHER J. i~N Planning Director JWD:pak P'\WPWM60UFNblLetters~,4nnual ReportsVLKIGAPR-REZ858.doc cc w/ltr: Hawaii County Cotmcil Planning Department-Kona Comm. No. 31 Ref, To: Ref, Dote AIIR 1 R 2~~3 CARLSMITH BALL LLP ~ ~ . ~ i ~ ~ ~ A LIMITED LIARILITy LAW PARTNERSHIP cd~A~ ~w a`~~-~"~-0Qr~ ~~Ct~4 121 WAIANUENUE AVrNUE p~@1NtNt3 P.O. BOX 686 H1lo, H~1WA11 96721-0686 T H_EPHON@ (908) 935-6644 PAX (808) 935-797 i W W W.CARLSMITH.COM DIRY.CT DIAL NO E-M UL SLIM(r~CARLSMITILCOM OUIt RGFERFNCE NU. (803)935-6G4M1 03775 G-IS ,1uly 30, 2003 Christopher Yuen Planning Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: 2001-2003 Annual Report -Ordinance No. 00-118 (Amending Ordinance No. 97-79) Change of Zone Application (REZ 89-13) Applicant: Kamehameha Investment Corporation Request: Unplanned (U) to Village Commercial (CV-7.5) Tax Man Key~ 7-8-10:94 (formerly 7-8-10:Portion of 21 (KIC Area 31A) Dear Mr. Yuen: 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- 8-10:portion of 2 (formerly portion of 4). Effective October 12, 2000, Ordinance No. 00-118 amended Ordinance No. 97-79 to extend the time in which to comply with Condition B (submit SMA Use Permit Application) from one to five years from the effective date of the amendment, creating the SMA Use Permit filing deadline of October 12, 2005. The Applicant is not presently ready to file the SMA application for this project. r'^~ _J Hovoww ~ Kneo~E1 ~ Hno ~ KoNn ~ Mrui ~ Gunm ~ $AIPAN ~ Los ANCe~ES - WnsHwc roN, D.C. ~ Mexlco Christopher Yuen .luly 30, 2003 Page 2 Pursuant to Condition N of Ordinance No. 00-118, applicant Kamehameha Investment Corporation (hereinafter "Applicant") submits its 2001-2003 annual report for the subject project, outlining its compliance with the substantive conditions of rezoning approval and listing in order the governmental "Condition" and Applicant's "Response" to the same. Status of Development Kamehameha Schools has completed its Statewide Strategic Plan. Accordingly, Applicant is in the process of reorienting its development goals for the Keauhou Resort. In the event that Applicant should require a time extension to comply with any of the conditions set forth herein, it will apply for said time extension pursuant to Condition O below. Condition: (A) the applicant, successors, or assigns shall comply with all of the stated conditions of approval; Response: Applicant will comply with the foregoing condition. Condition: (B) an SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within [one year] five years from the effective date of [the change of zone] this amendment; ResRonse: In its letter dated August 22, 2000, the 1-Iawaii County Planning Commission recommended approval of Applicant's request for a five-year time extension in which to comply with Condition B. See, Exhibit A attached to the 2000 annual report. The Hawaii County Council approved the request and effective October 12, 2000, Ordinance No. 00-118 was issued amending Ordinance No. 97-79 to extend the time in which to comply with Condition B as stated therein above. The Applicant is not currently read~~ to file the SMA application Christopher Yuen .luly 30, 2003 Page 3 Condition: (C) the required water commitment payment shall be submitted to 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; Response: 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. See, Exhibit A attached to Applicant's first annual report dated September 14, 1998. Condition: (D) construction of the commercial office building shall be completed within five years from the effective date of [this change of zone ordinance] the SMA Use Permit, which shall include securing Final Plan Approval for the proposed commercial office building from the Planning Director. Plans shall identify stntctures, fire protection measures, landscaping and maintenance plan, paved parking stalls and driveway and other improvements associated with the proposed uses; Response: In its letter dated August 22, 2000, the Hawaii County Planning Commission also recommended a time extension in which Applicant needs to comply with Condition D. See, Exhibit A attached to the 2000 annual report. The Hawaii County Council approved the recommendation and effective October 12, 2000, Ordinance No. 00-118 was issued amending Ordinance No. 97-79 to extend the time in which to comply with Condition D as stated therein above. Condition: (E) access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall design and eonstntct 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 Christopher Yuen July 30, 2003 Page 4 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 ~md 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. Condition: (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; Response: Applicant will comply with the foregoing condition. Condition: (G) a drainage system shall be installed meeting with the approval of the Department of Public Works; Response: Applicant will comply with the foregoing condition. Condition: (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; Response: Applicant will coordinate with the Department of Environmental Management regarding a Solid Waste Management Plan for the proposed development. Christopher Yuen July 30, 2003 Page 5 Condition: (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. Condition: 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; Response: 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. Condition: (K) should any wiidentified 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. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken; Response: Applicant will comply with the foregoing condition. Condition: (L) comply with all other applicable laws, rules, regulations and requirements; Response: Applicant will comply with all applicable laws, rules, regulations and requirements. Christopher Yuen July 30, 2003 Page C Condition: (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; Response: Applicant acknowledges and accepts the foregoing condition. Condition: (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 sha11 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 third annual progress report. Condition (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] Any further extension of time for Christopher Yuen July 30, 2003 Page 7 the performance of conditions within this ordinance shall require approval by the Countv Council. Response: Applicant will comply with the foregoing condition for time extensions. Condition: (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. ResRonse: Applicant acknowledges and accepts the foregoing condition. Thank you f or the opportunity to present this 2001 - 2003 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 LLP Steven .C. L~ SSL:nap zuieoon.i.oa~~sa-ooois cc: Louis Kau Joseph Spencer John Rocha