HomeMy WebLinkAboutCOM 0670.000 2002-2004 JNYY OF
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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax (808) 96]-8742
June 23, 2004
Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
74-5722 Kuakini Highway, Suite 208
Kailua-Kona, HI 96740
Dear Mr. Gibson:
Change of Zone Ordinance 88-93 (REZ No. 580)
SMA Use Permit No. 269
Applicant: Kealakekua Ranch, Ltd.
Subject: Annual Progress Report
Tax Map Key: 8-2-2: Portion of 2 and 33
Thank you for your letter of May 5, 2004, providing an annual progress report in accordance
with Condition C of Ordinance No. 88-93 and Condition No. 4 of SMA Use Permit No. 269.
Change of Zone Ordinance No. 88-93 rezoned 111.75 acres of land From Unplanned and
Agricultural (Sa) to Residential-Agricultural (RA-2a). The intent of the applicant was to develop
a 37-lot subdivision. SMA Use Permit No. 269 was also granted by the Planning Commission to
allow development of the 37-lot subdivision.
A Subdivision application for the proposed 37-lot subdivision was filed on December 27, 1989
but action was deferred pending receipt of all agencies' comments. Response from the State
Historic Preservation Division (December 20, 1989) indicated that the archaeological survey
completed by Chiniago Inc. and submitted for review was not acceptable. Therefore, tentative
approval of Subdivision application 90-5 was deferred and the application was placed in
abeyance to allow submittal of Subdivision application 90-87 requesting subdivision of the
Hawaii County is an Equal Opportunity Provider and Employer
Comm, No. ~7O
Ref. To:
Ref. Date .IIIN ~ R^ 9(1~
Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
Page 2
June 23, 2004
subject property into two lots. On March 9, 1993, the Planning Department provided final
approval for Subdivision application 90-87 (SUB 6254). Final approval was subject to the
condition that prior to any further subdivision or development of the property, all conditions of
Rezoning Ordinance No. 88-93 and SMA Permit No. 269 would need to be met.
On October 2, 1997, the Planning Department provided final approval of Subdivision application
96-17 (SUB 6886) which included TMK 8-2-2:2 and consolidated and re-subdivided two
existing lots resulting in no increase in the number of lots.
On October 20, 1998, the Planning Department provided final approval of Subdivision
Application 98-82 (SUB 7038) which included TMK 8-2-2:2 and effectively consolidated six
existing parcels to re-subdivide them into lots that more accurately reflected existing conditions
and the alignment of Kaawaloa Road. At the same time, the Planning Department indicated that
Subdivision application 90-5 was still being held in abeyance as agreed upon.
On May 15, 2002, final approval was received from the Planning Department for Subdivision
Application 2001-53 (SUB 7551). This application requested consolidation and re-subdivision of
land which included TMKs 8-1-10:4, 8-2-2: parcels 2 and 33 and resulted in no increase in the
number of lots. As one of the conditions of the tentative subdivision approval, it was noted that
Subdivision application 90-5 was still being held in abeyance with the understanding that an
archaeological inventory survey, submission of a revised preliminary plat map, and compliance
with public access requirements pursuant to Hawaii County Code, Chapter 34 would be
addressed before pursing final subdivision approval.
Lastly, the Planning Department received a copy of the draft Archaeological Inventory Survey
conducted by M.J. Tomonari-Tuggle dated May 2003. As a result, Subdivision Application 90-5
(Phase I) received Final Subdivision Approval (SUB 7754) on November 24, 2003. This
allowed the subdivision of Lot 8-A-1-A into 41ots (8-A, 8-B, 8-C & 8-D). The applicant stated
that submission of a revised preliminary plan for Phase II of Subdivision 90-5 will be deferred
until all archaeological issues have been resolved to the satisfaction of the Planning Director and
DLNR-SHPD. The Planning Department has also received the revised Archaeological Inventory
Survey dated January 2004, along with the approval letter for the study from DLNR-SHPD dated
February 17, 2004, which recommends preservation for 4 sites or portions thereof, and data
recovery for 24 sites or portions thereof.
Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
Page 3
June 23, 2004
Below we provide you with our findings with regard to compliance with Ordinance No. 88-93
and SMA Use Permit No. 269.
Ordinance No 88-93
Condition B: As stated above, Subdivision Application 90-5 (Phase I) received Final
Subdivision Approval (SUB 7754) on November 24, 2003. Phase II will be
defen-ed until all archaeological issues have been resolved to the satisfaction of
the Planning Director and DLNR-SHPD.
Condition C: The report submitted and dated May 5, 2004 complies with the condition to
provide an annual progress report on or before June 30`". Compliance with this
condition is ongoing.
Condition D: Compliance with the requirement to install a drainage system in accordance with
the requirements of the Department of Public Works was stipulated relative to the
rezoning of this property as RA-2a. Identification of the 100-year flood zone may
conditionally satisfy this condition given the cunent land use and relative to
consolidation subdivision requests which do not increase the number of existing
lots. Public Works will need to provide approval that requirements of a drainage
system have been met if you plan to proceed with approval for Subdivision
application 90-5 (Phase li).
Condition E: Compliance of the 60-foot structural setback along the Napoopoo Road has been
complied with in SUB 6254 and SUB 7754. Compliance with the 60-foot wide
structural setback along the Napoopoo Road boundary will be required for any
subsequent subdivision parcleand must be delineated on the preliminary plat map.
We are requesting a revised final plat map be submitted for SUB 7551 to
reflect the 60-foot structural setback easement on Lot A-1. This in turn will
be identified on our tax map.
Condition F: This condition is relevant only if a request for ohana dwelling is submitted.
Therefore, we agree that this condition is not currently relevant.
Condition G: Compliance with this condition has already been acknowledged.
Mr. Michael Gibson, Manager
Captain Cook Ranch LLC.
Page 4
June 23, 2004
SMA Use Permit no. 269
Conditions 3: The report by Myra Jean Tuggle submitted along with the annual progress report
June 28, 2001 complies with Condition 3.a. We also acknowledge compliance
with Condition 3b with the submittal of the Archaeological Inventory Survey
dated May 2003 and the revised Archaelogical Inventory Survey dated January
2004, both submitted by International Archaeological Research Institute, Inc and
approved by letters dated February 17, 2004 from the Planning Department and
DLNR-SHPD. As stated in the February 17 and April 1, 20041etter from DLNR-
SHPD, there are four sites recommended for preservation (Site 11460, and
portions of Sites 11441, 11474 and 11476). There are also twenty four (24) sites
or portions thereof recommended for data recovery. Please submit copies of the
preservation and data recovery plans when completed, along with approval letters
from DLNR-SHPD, for our files. Conditions 3 (c & d) must still be complied
with.
Thank you for the thoroughness of your report. Should you have any questions, please contact
Jeff Darrow of the Planning Department at 961-8288.
Sincerely
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CHRISTOPHER J. YiJEN
Planning Director
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P:\WPWIN60UFFF1Letters\Annual Reports\LGibson-CaplCook-REZ580-SMA269.doc
xc w/ltr: ~~Ilawaii County Council
Planning Commission
Planning Department -Kona
Captain Cook Ranch LLC
Michael W. Gibson, Manager ? c~~ 1 1 t 1
75-5722 Kuakini Hwy., Suite 208 `
Kailua-Kona, Hawaii 96740
(808) 539-0483 ~ `
May 5, 2004
Mr. Chris Yuen,
Planning Director
Hawaii County Planning Department
100 Pauahi Street, Suite 3
Hi]o,Hawai`i 96720-3043
Re: Annual Progress Report Ordinance No. 88-93 (RE 580);
SMA Use Permit No. 269 Applicant: Captain Cook Ranch LLC
Tax Mau Key: (3) 8-2-2:2; Kealakekua, South Kona
Dear Mr. Yuen:
As the Manager of Captain Cook Ranch LLC, I provide the following progress report
pursuant to Condition C of rezoning ordinance 88-93 effective June 30, 1988 and Condition 4 of
SMA No. 269 dated December 30, 1987. This letter will serve as the Annual Progress Report for
the year ending June 30, 2004.
The applicant sets out its compliance with the substantive conditions of Ordinance 88-93
and SMA Use Permit 269, which is listed as follows in order of the governmental "Condition"
and the applicant's "Response":
Ordinance 88-93
Condition A: The applicant, successors or its assigns shall comply with the stated conditions of
approval.
Response: The applicant has complied with the foregoing condition to date and will continue
to so comply in the future.
Condition B: Subdivision Plans shall be submitted to Che Planning Department within one year
from the effective date of the zone change and final approval shall be secured
within one year of tentative approval.
nor. Chris Yuen,
Planning Director
May 5, 2004
Page Z of 5
Response: Final approval of Phase I of Subdivision 90-5 was granted by your letter of
November 24, 2003. The time for first submission of subdivision plans has been
satisfied by this subdivision approval (NO. 7754). There is no pending tentative
subdivision approval. Submission of a revised preliminary plan for Phase II of
Subdivision 90-5 will be deferred, until all archeological issues have been
resolved to the satisfaction the Planning Director and State Historic Preservation
Division ("SHPD"), per your letter of October 22, 2001.
Condition C: An annual progress report shall be submitted to the Plarming Department prior to
the anniversary date of the change of zone.
Response: Since the last report, the property has continued to be used for ranching purposes.
The applicant made substantial improvements to the driveway accesses for Lots 8-
B, 8-C & 8-D, and installed water service laterals to serve these new lots. The
hard costs (on the ground) of these improvements were in the neighborhood of
$50,000 and the soft costs (consultants etc.) in the neighborhood of $20,000. In
addition, a intensive archaeological inventory survey of the Property has been
completed by the International Archaeological Research Institute, Ina ("IARII")
has been approved by Planning Director and SHPD, in separate letters each dated
February 17, 2004. The cost of archeological investigations and legal costs
associated therewith are in excess of$100,000 to date.
Condition D: Drainage system shall be installed in accordance with the Department of Public
Work's requirements.
Response: As stated in our annual report for 2001 dated June 28, 2001 and your response
dated October 22, 2001. Furthennore, upon completion and acceptance of the data
recovery and other archeological mitigation measures, a drainage system will be
engineered for Lot 8-A which will be the locus of the proposed further subdivision
(Phase II of Subdivision 90-5) and submitted for review to the Department of
Public Works.
Condition E: A minimum 60' wide structural setback along the Napo'opo'o Road boundary shall
be provided for future road improvements.
Response: This Condition E has been fulfilled. A 60' wide structural setback along the entire
frontage of Napo'opo'o Road is shown on the Final Plat Map of Subdivision 90-5
as Easements SB-1 affecting Lot 8-A and Easement SB-2 affecting Lots 8-$ 8-C
& 8-D. These Easements are of record in the Bureau of Conveyances.
1tlr. Chris Yuen,
Planning Director
May 5, 2004
Page 3 of 5
Condition F: Ohana dwelling units may be permitted provided the Chief Engineer determines
that the existing Mamalahoa Highway-Napo'opo'o Road intersection is adequate
to service such additional ohana units.
Response: As stated in our annual report for 2001 dated June 28, 2001 and your response
dated October 22, 2001.
Condition G: The applicant's share of any intersection improvement costs at the Mamalahoa
Highway-Napo'opo'o Road intersection shall be determined by the Planning
Department on a pro-rata basis.
Response: Condition G has been fulfilled, as stated in our annual report for 2001 dated June
28, 2001 and your response dated October 22, 2001.
Condition H: All applicable rules, regulations and requirements shall be complied with.
Response: The applicant has and will continue to comply with the foregoing condition.
Condition I: An extension of time for performance of conditions within the ordinance maybe
granted by the Planning Director.
Response: No extension of time is presently required. See our response to Condition B,
above.
SMA USE PERMIT 269
Conditions 1 & 2 - As stated in our annual report for 2001 dated June 28, 2001 and your
response dated October 22, 2001.
Condition 3a Condition 3a has been satisfied, as agreed in your letter of October 22, 2001.
Condition 3b In partial satisfaction of Condition 3b an intensive archeological survey ("AIS")
for the entire project area has been approved by SHPD and the Planning
Department. Condition 3b continues to be complied with as per the procedure set
out in that certain letter from IARII to the Planning Director dated January 23,
2004. The applicant has voluntarily instructed its archaeological consultant, IARII
to draft a comprehensive "Mitigation Plan" for the entire property (not just the
roadway and pole portions as required by this Condition 3b). In our counsel's
discussions with you and with SHPD, it has been agreed that this more
comprehensive approach to the satisfaction of Condition 3b is required in order to
also comply with the intervening changes in SHPD's administrative rules and the
generally higher standards of care now clearly mandated by recent judicial rulings
Mr. Chris Yuen,
Planning Director
May S, 2004
Page 4 of 5
and acknowledged in SHPD's letter to IA.RII dated February 17, 2004.
Condition 3c Since the applicant is proposing to execute and complete any
approved archaeological mitigation work for the entirety of Lot 8-A prior to
further small lot subdivision, this should render Condition 3c partially moot.
While no covenants for further archeological work, including any required data
recovery, are necessary at this time, the applicant will, however, draft and impose
appropriate covenants to be placed on areas approved for archaeological
preservation, as a part of Phase II of Subdivision 90-5.
Condition 3d Condition 3d states that "subsequent work shall proceed upon an archeological
clearance from the Planning Department when it finds sufficient mitigating
measures have been taken." Phase II of subdivision 90-5 will require the
construction of a drainage system, an intemal roadway and other ground
disturbing activities. Our previous respective correspondence acknowledges that
such development should not proceed until the archeological mitigation has been
completed for the entire property. Therefore, the engineering for the drainage
system and intemal roadway (and consequential final lot layout) will be deferred
until the approval of archaeological mitigation by the Planning Director and
SHPD.
Condition 4 -see response to Condition C of Ordinance No. 88-93, above.
Condition 5 -see response to Condition H of Ordinance No. 88-93, above.
Condition 6 - We continue to concur with your letter of October 22, 2001 that in so far as
S.M.A. Use Permit No. 269 is concerned, no extension of time is necessary until
all archeological issues have been resolved to the satisfaction the Planning
Director and SHPD. It has been agreed that a prerequisite to the submission of a
revised preliminary subdivision plan for Phase I1 of Subdivision 90-5 is the
acceptance, by the Planning Director and SHPD of: (ij an archaeological
mifigation plan, (ii) the required data recovery in the field and (iii) a final report of
such data recovery and other mitigative measures necessary to mitigate the
archeological resources of the property.
GENERAL MATTERS
In general we report that it is our intention, as soon as the mitigation of archeological
resources has been completed, to move forward with Phase II of Subdivision 90-5 comprising
33 lots of 2 acres or larger, not inclusive of flag poles, which subdivision is to be located on that
certain 72.231 acre parcel known as Lot 8-A and newly designated as T.M.K. 8-2-2-2. When
such archeological issues have been resolved by the acceptance of the final data recovery report
Mr. Chris Yuen,
Planning Director
May 5, 2004
Page 5 of 5
by both the Planning Director and SHPD, we will move forward with the engineering of Phase II
including drainage, roading and lot layout, and will submit a revised preliminary plat map
showing these matters and the archeological preservation areas to be covenanted.
As agreed, this proposed 33 lot subdivision (Phase II), taken together with the previous
subdivisions will not increase the cumulative number of lots permitted under Use Permit No.
269. In moving forward that the applicant will continue to comply with all the conditions of
Ordinance No. 88-93, S.M.A. Use Permit No. 269, and all other applicable niles, regulations and
requirements.
The applicant will continue to incur further substantial expenses in good faith reliance on
your representations in the file and in meetings with our counsel that the applicant continues to
be in compliance with the conditions of Ordinance No. 88-43 (REZ 580); SMA Use Permit No.
269, and that we will be able to move forward with Phase II of subdivision application 90-5, in
the manner and time set out above We estimate the total cost of the further necessary
archeological work comprising of.• i) preparation of a mitigation plan, ii) data recovery in the
field, iii) preparation of a data recovery report iv) implementation of a preservation plan and v)
related expenses to be in excess of $100,000, in addition to the firnds expended to date.
Thank you for the opportunity to present this annual report for Captain Cook Ranch LLC.
While we assume that we have provided all of the information needed to assess the status of this
project, please feel free to contact our counsel if you have any questions regarding the above. We
note that you responded to our 2001 & 2002 annual report and not our 2003 report. We look
forward to receiving your response to this 2004 annual report.
Very Truly Yours,
CAPTAIN COOK RANCH, LLC
Michael W. vibson, Manager