HomeMy WebLinkAboutCOM 0436.000 1996-1998 _
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• Virginia Goldstein
Stephen K. Yamashiro Dir<ctor
Mayor
n - Russell Kokubun
~ ~ ~ Deputy Director
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PLANNING DEPARTMENT ~C'~
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 COUI,~ i ~ r ' +
(808)961-8288 • Fax (8081961-9615
August 5, 1997
Mr. Philip Y. Ho, President
Nansay Hawaii, Inc.
Davies Pacific Center
841 Bishop Street, Suite 1000
Honolulu, Hawaii 96813
Dear Mr. Ho:
Change of Zone Ordinance No. 88-159 (REZ 616)
Special Management Area Use Permit (SMA 305)
Applicant: Nansay Hawaii, Inc.
Proposed Kohanaiki Resort
Subject: Compliance with Condition C (Submit SMA Application)
Tax Map_Key: 7-3-09: Portion of 3
This is in regards to your letter dated June 12, 1997, requesting an extension of time
to comply with Condition C of Change of Zone Ordinance No. 88-159.
Condition C states as follows:
"C. A Special Management Area (SMA) Use Permit application for the fast phase
of development which includes one hotel and golf course, shall be submitted
within one year from the effective date of the change of zone;"
On August 1, 1990, the SMA Use Permit Application was submitted by Nansay Hawaii and
the Planning Commission, subsequently, voted to approve the SMA Use Permit at its
November 8, 1990 public hearing.
The permit was appealed and in light of the final judgement rendered by the Hawaii Supreme
Court, Nansay Hawaii decided to withdraw SMA Use Permit No.306. Effective August 15,
1996, the Planning Commission voted to support the request for withdrawal. y
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Mr. Philip Y. Ho, President
Nansay Hawaii, Inc.
Page 2
August 5, 1997
Based on this effective withdrawal date, a new SMA Use Permit Application should be
submitted by August 15, 1997. You have expressed that development plans for the property
aze being reviewed against the current economic situation, and in light of the current situation
and past efforts to comply wish applicable conditions of the Change of Zone Ordinance No.88-
159, you aze requesting a time extension.
Based on the above, the Planning Director has determined that non-performance is a result of
circumstances beyond the control of the applicant and not a result of fault or negligence and
hereby grants you cone-yeaz administrative extension of time in which to comply with
Condition C until August 15, 1998.
Please be hereby advised, that should you require an additional extension of time, your request
and reasons, including 15 copies of the request and a filing fee of $250.00 shall be forwarded
to the Planning Commission for a public hearing. Please also be informed that in accordance
with the new County Zoning Code, effective December 7, 1996, new guidelines including
notification to surrounding property owners, among others, are in order for the processing of
amendments to existing Change of Zone Ordinances. Please refer to the County Zoning Code,
Division 4, relating to Zoning Amendments.
Should you have any questions regazding this matter, please contact Susan Gagorik or Alice
I{awaha of this department at 961-8288.
Sincerely,
~V~RGI1~iIA GOLDSTEIN
o Planning Duector
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NANSAY
N A W A I I I N C.
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June 12, 1997
Ms. Virginia K. Goldstein
Planning Director -
County of Hawaii _
25 Aupuni Street
Hilo, HI 96720
Re: Time Extension Request
Change of Zone Ordinance 88-159
Tax Map Key: 7-3-009:003 and 016
Dear Ms. Goldstein:
Nansay Hawaii, Inc. hereby requests a time extension to Condition "C" of rezoning Ordinance
No. 88-159. That rezoning ordinance required that an SMA Use Permit application be submitted
for the first increment of the resort within one year from the effective date of the zoning for the
property. Based on a letter from the Planning Department, the effective date of the zoning of
the property was on May 31, 1991. An SMA Use Permit for the first increment of the resort
was issued on November 8, 1990. This permit was subsequently appealed and remained in the
court system for more than five years. The final judgement on this matter was rendered in 1996
and subsequently on August 1, 1996, the Planning Commission voted to accept the withdrawal
of the SMA Use Permit Application.
Due to this withdrawal of the SMA Use Permit Anplication, a time extension to Condition "C"
of rezoning Ordinance No. 88-159 is required. At this point, the development plans for the
property are being reviewed against the current economic situation to determine the best use of
the property.
Prior to and during the legal proceedings, a number of actions were undertaken to better
understand the property and to establish guidelines for its use and development. These actions
included a full archeological investigation of the property and the approval of a mitigation plan
for the archeological features found on the site. Additionally, baseline information on the water
quality and animal occupancy of the anchilline ponds was collected and reported to the Planning
Department. Similar studies of the nearshore water were conducted and the results were also
reported to the Planning Department.
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Davies Pacific Center 841 Bishop Street, Suite 1000 Honolulu, Hawaii 96813
808-599-4774 Fax 808-599-5744
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.
Ms. Virginia K. Goldstein
June 12, 1997
Page 2
In the area of infrastructure, a channelized intersection for the access to the Queen Kaahumanu
Highway was designed and approved by the State Department of Transportation. Further, in
Waikoloa Village and Ouli, the applicant developed a total of 107 affordable housing units for
the West Hawaii community.
Finally, in the area of public access, an agreement was reached providing for continuing public
access to the shoreline from the NELH access road. This access continues unabated to this day.
In light of the current economic situation and the past efforts, fire applicant has made me believe
that a time extension is appropriate. We ask your cooperation in this matter.
Sincerely yours,
NAN WAII, INC.
Philip . Ho
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