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Home My WebLink AboutCOM 0816.000 2002-2004 _444 f JMY1Y Of yt~ JG~ yy. 7~ b Harry Kim ~~Aristopher J. Yuen Mavor / LUVi FUIJ 25 f~'r) 7 I Dircrmr ~J Y 1T~ OF Mf'~ • r . L. Coll Roy R. Takemoto Drv.rr Do-rrrr,r (n TUnfV of Raf raii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 f Hilo, Hawaii 96720-3043 (808) 961-8288 - Fax(808)961-8742 August 24, 2004 Mr. Gene Yong, Senior Planner Belt Collins Hawaii Ltd. 2153 North King Street, Suite 200 Honolulu, HI 96819 Dear Mr. Yong: Change of Zone Ordinance No. 99 96 (REZ 922) Applicant: Queen Liliuokalani Trust Subject: Annual Progress Report Tax May Key: 7-4-008:063 This is to acknowledge receipt of your letter dated August 17, 2004, containing an annual progress report as required by Condition N of Ordinance No. 99 96 (REZ 922). Thank you for complying with the annual progress report requirement. As a reminder, you are required to comply with all conditions as stated in the above-referenced ordinance within the appropriate timetables. Please note that your next annual progress report will be due on or before August 19, 2005. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, i CH TOPHER J. EN Planning Director JWD:smn P:\WPWJN60\JEFF\Letters\Annual Reports\LYong-APR-REZ922(2).doc cc w/letter: 4 Hawaii County Council Planning Commission Planning Department-Kona Comm. No. Ref. To: --~7~7.~--~- !~j. Uate Uv1 = ffawai `l County is an Equal Opportunity Provider and Employer ReMolfins u gAugust 17, 2004 2002.4-5.0800 / 04P-272 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: Annual Progress Report Ordinance No. 99-96 Queen Liliuokalani Trust Makalapua Business Center Keahuolu Lands, North Kona. Island of Hawaii Ho Guem On behalf of Liliuokalani Trust, please find attached an annual progress report t'°", in compliance with Condition N of Hawaii County Ordinance No. 99-96. $z,°°" ~"gapp If you have any questions or comments, please feel free to contact me at (808) 521-5361. With regards, BELT COLLINS HAWAII LTD. ci`~ - ~ Gene Yong Project Planner GY:If cc: Bob Ozaki/Queen Liliuokalani Trust 9elt Collins Hawau Ltd 2153 North King St eel Swte 200 o Hisnol,plu Hawaii 96819-455a USA Tt3C8 521 5361 a FI808 538 7819 o he abellcotl ns cam e www bellcolbns com e st Coumg -jg qu is in Equal ~lgp0,iumly En,pl"rer ANNUAL PROGRESS REPORT ORDINANCE NO. 99-96 QUEEN LILIUOKALANI TRUST Submitted to the Hawaii County Planning Department By Belt Collins Hawaii on behalf of Liliuokalani Trust August 19, 2004 Condition (A) The petitioner, its successors or assigns, shall be responsible for complying with all conditions of the change of zone. Compliance is ongoing Condition (B) The applicant, its successors or assigns, shall be responsible for complying with applicable conditions of the State Land Use Boundary Amendment Decision and Order in Docket No. A94-705. Compliance is ongoing. On June 1, 2004 and on behalf of Liliuokalani Trust, Belt Collins submitted an annual progress report to the County of Hawaii Planning Department for its inclusion within the County's annual report to the State (complying with Condition No. 13 of LUC Docket No. A94- 705). Condition (C) The required water commitment be exercised or secured with the Department of Water Supply in accordance with the prior agreement and/or its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the Final Plan Approval. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer is in compliance with this condition. Condition (D) Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code and Planning Department's Rule 17, relating to Landscaping Requirements. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (E) All roadways within the proposed development shall be Improved with curbs, gutter and sidewalk improvements meeting with the approval of the Department of Public Works. At the time of development, the Trust will comply, or ensure that the developer complies with this condition. Condition (F) All accesses and intersection improvements, including traffic Signalization, shall be constructed meeting with the approval of the Department of Public Works. At the time of development, the Trust will comply, or ensure that the developer complies with this condition. Condition (G) Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant, meeting with the approval of the Department of Public Works, prior to occupancy of the development. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (H) A Drainage Study, if required, shall be prepared and the drainage system shall be installed meeting with the approval of the Department of Public Works. At the time of development, the Trust will comply, or ensure that the developer complies with this condition. Condition A Solid Waste Management Plan for the proposed Development within the subject property shall be prepared and submitted for approval to the Department of Public Works prior to securing Final Plan Approval. A copy of the approved plan shall be submitted to the Planning Department for its files. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (1) Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. The Trust will comply. -2- Condition (K) An Archaeological Data Recovery Plan for the seven Significant historic sites and a Preservation Plan (including buffer zones, interim protection measures, and a long-term preservation plan) for the Kuakini Wall shall be submitted to and approved by the State Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) and the Planning Department. The DLNR- HPD shall verify in writing to the Planning Department when both plans have been successfully executed. No land alteration may occur in the vicinity of the site until the plans have been successfully executed. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (L) Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials 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. The Trust, or its developer, will comply. Condition (M) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. As of the date of this Annual Report, no such ordinance has been adopted. Condition (N) An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail 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 director acknowledges that further reports are not required. The next report will be due August 19, 2005. Condition (O) An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: -3- i I . 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 the change of zone. 4. The time extension 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) 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. In compliance; requests for extension will be submitted when required. Condition (P) Should any of the conditions not be met or substantially Complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. The Trust intends to comply with the conditions within this ordinance at the time of development and in accordance with timeframes specified in each individual condition. -4-