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Home My WebLink AboutCOM 0437.000 1996-1998 =».,-r MV V OF y._ rp'~_"".~ '~`6Wi~i~; Virginia Goldstein Stephen K. Yamashiro Dirceeo. Mayo. •.,m. - Rl7 S.^+P_~.1 KOiCUYRlrI ~+ij asywi'~~• 1 - Deputy Director ~II1x1t~~ II~ ~.tI~T~2Ii ~ Eii1 1] ~ 3 PLANNINGDEPARTMF~C~ „~~i~'i iJiY , i,w~~,i~ 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-0252 ' (8081961-8288 • Fax 18081961.9615 August 4, 1997 Robert E. Bethea, Esq. Bethea, Black, Konishi & Nishimura 688 Kinoole Street, Suite 210 Hilo, Hawaii 96720 Dear Mr. Bethea: Change of Zone Ordinance No. 95-70 (REZ 798) Applicant: Kealakekua Development Corporation Subject: Annual Progress Report (Condition X) Tax Man Key: 8-2-12:12 and Portion of 1 This is to acknowledge receipt of the annual progress report as submitted by Ms. Sandra Pechter Schulte dated May 28, 1997, for Kealakekua Development Corporation. As instructed by Ms. Schulte, all communications regazding the subject applicant will hereinafter be forwarded to you. Please note that by letter dated June 2, 1997 to you, an administrative extension of time until May 23, 1998 to comply with Condition No. B(1) was granted to Kealakekua Development Corporation. In that same letter, we also informed you that Condition B(2) was no longer applicable based on Resolution No. 343-96, passed by the County Council, as the proposed well is located on the subject property. Please be informed that should you require an additional extension of time in which to comply with Condition X, your request and reasons, along with 15 copies, shall be forwazded to the Planning Commission with a filing fee of $250. In addition, changes to the County Zoning Code effective December 7, 1996, now require the applicant to inform surrounding property owners twice -initially, upon filing the request at the Planning Department and again, upon being notified of the scheduled public hearing. Gramm. D:o. ~ e~ !~1Ie tYo.- Z N l4 f?e.r. AUG p Z 1997 tz~t. ih;t~__.._ b ~ ~ Robert E. Bethea, Esq. Bethea, Black, Konishi & Nishimura Page 2 August 4, 1997 Please review the attached summary sheet on informing surrounding property owners and refer to the County Zoning Code, Division 4, Amendments, for additional guidelines. Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis Fujimoto at 961-8288. Sincerely, ~VIRGII~TIA GOLDSTEIN Planning Duector SG:pak wpwin60\susan\Ikeala02.skg Enclosure cc w/attach: County Council Planning Commission West Hawaii Office V SANDRA PECHTER SCHUTTE ATTORNEY AT LAW 101 Aupuni Street, Suite 1014A ~ ~ ~ ~ ~ ~ ~ ! ~ f ~ m l l ~ ' ~ Hilo, Hawaii 96720 Telephone: (808) 969-7331 Fax: (808) 934-9819 ~ ~ ~ ~ May 23, 1997 Ms. Virginia Goldstein Planning Director 25 Aupuni Street Hilo, Hawaii 96720 Re: Kealakekua Development Corporation -Annual Progress Report Ordinance No. 95-70 TMK Nos.: (3) 8-2-12:12 and portion of 1 Dear Ms. Goldstein: I am writing on behalf of my client, Kealakekua Development Corporation ("KDC"), to provide you with an annual report regarding the progress of the above-referenced development as required by Conditions X of Change of Zone Ordinance No. 95-70. I. STATUS OF THE PROJECT Change of Zone Ordinance No. 95-70 was adopted by the County on May 23, 1995. However, a civil action was filed challenging the validity of this ordinance, Henry A. Ross v. Coun of Hawaii, Civil No. 95-390, Third Circuit Court. This action is presently on appeal and waiting a decision from the Hawaii Supreme Court in Supreme Court No. 19389. Despite the uncertainty of the pending appeal, KDC has begun certain components of its development. II. STATUS OF COMPLIANCE WITH CONDITIONS OF APPROVAL A request for a time extension for the performance of Condition (B)(1) regazding the establishment of a water source for the development was submitted to your department on May 6, 1997. A copy of this request is attached hereto as Exhibit "A". To date, no response has been received to this request. The developer has met all other performance time deadlines contained in Ordinance No. 95-70. Specifically, work on the following conditions has progressed during this time period: U4950 Condition (Bl(11 -Establishment of a Water Source Condition B(1) requires the development of a ground water source for its development meeting the approvals from the State Departments of Health and Land & Natural Resources regarding water quality and quantity, within two yeazs from the enactment of this ordinance. In addition, a maximum one yeaz extension of this condition maybe granted by the Planning Director. KDC began to comply with this condition by securing plans and specifications for the construction and pump testing of a well on its property. KDC has also received a Well Construction Permit for Kealakekua Ranch Well 1, Well No. 2952-O1 on July 17, 1996 from the State Commission on Water Resource Management ("CWRM"). KDC secured a time extension for that permit on December 18, 1996, which provides KDC until July 17, 1997 to commence the drilling of the well. As indicated above, KDC is presently seeking a time extension for the performance of this condition in order to allow for sufficient time to drill and test the well and obtain all required approvals regarding water quality and quantity. Condition (K) 1. - Roadway Improvements Condition (K) 1. requires that the construction of the intersection improvements at the Mamalahoa Highway-Koa Road intersection include signalization and channelization meeting the approvals from the State Department of Trazisportation and the Department of Public Works. R.M. Towill began conducting topographic surveys of portions of Mamalahoa Highway and Koa Road in preparation of a preliminary layout for the required intersection at the Mamalahoa Highway two yeazs ago which continues today. Condition (,Fl -Establishment of a Forest Management Plan Condition (S) requires the establishment of a forest management plan for the 8,100 acres site zoned A-8000a within the project. Mike Robinson of Resource Management has started work on preparing a forest management plan. It is anticipated that the plan will be completed and submitted to the Planning Department for review and approval within a year. If you have any questions about this report, please contact this office. Very truly y , S P E SCHVI'TE SPS:KYL xc: Kealakekua Development Corporation ~ SANDRA PECHTER SCHUTTE Arroarn:v nr Lww 101 Aupuni Street, Suite 1014A Hilo, Hawaii 96720 Telephone: (808) 969-7331 Fax: (808)934-9819 May 6, 1997 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Request for Extension of Time -Ordinance No. 95-70 Kealakelcua Development Corporation TMK Nos: (3)8-2-12:12 and portion of 1 Dear Ms. Goldstein: I am writing this letter on behalf of Kealakekua Development Corporation ("KDC"), the developer of the above-referenced property, to request an extension of time for aone-year period from May 23, 1947 up to and including May 23, 1998 to comply with the requirements of Condition No. (B)(1) of Change of Zone Ordinance No. 95-70, regarding the establishment of a water source for the development. Condition (B)(1) provides in pertinent part that: "the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, in consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has/have been established within two years from the enactment of this ordinance; provided that a maximum one year extension may be granted by the Planning Director with reasonable and sufficient justification;" _ KDC began to comply with the above-referenced condition by securing plans and specifications for the construction and pump testing of a well on its property. KDC also received a well construction permit for the Kealakelrna Ranch Well, Well No. 2952-O1 on July 17, 1996 from the State Commission on Water Resource Management ("CWRM"). The depressed economy and budgetary constraints have, however, prevented KDC from proceeding with the drilling of this well. EXHIBIT ~ . ~ ` Ms. Virginia Goldstein May 6, 1997 Page 2 Since the CWRM permit required commencement of work within six months, KDC secured a time extension for that permit on December 18, 1996, which provides KDC until July 17, 1997 to commence the drilling of the well. KDC is presently seeking a time extension from the Planning Director for the performance of the subject Change of Zone condition in order to allow for sufficient time to drill and test the well, and to obtain all of the required approvals regazding water quality and quantity from the State Departments of Health and Land and Natural Resources. Should you have any questions regarding this request, please feel free to contact me. Thank you in advance for your consideration in this matter. Very trul ours, S RAP TER SCHUTTE SPS:KYL xc: Mr. Sachi Noma