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Home My WebLink AboutCOM 0683.000 2004-2006 wtra~ Harr Kim ~_w y Christopher J. Yuen Mn~~or Direrrm- , Brad Kurokawa, nsrn, I,eenT"' AP Deputy Directm~ •••l1 Ol~Mr+ - . F~.; r County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Paua6i Street, Suite3 • Hilo, Hawaii 96720 Phone (808)961-8288 Fax (808)961-8742 February 3, 2006 Steven S.C. Lim, Esq. Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96721-0686 Dear Mr. Lim: State Land Use Boundary Amendment Ordinance No. 92-35 (SLU 811) Change of Zone Ordinance No. 92-36 as amended by Ordinance 95-118 (REZ 709) Change of Zone Ordinance No. 86-49 as amended by Ordinance 90-010 (REZ 524) Applicant: Hualalai Properties, Inc. (succeeded by CL&D Seven, LLC) Subject: Response to Letter Dated January 17, 2006 Requesting Time Extensions TMK: 7-5-010:013 (formerly 7-5-10: portion of 13 and 7-5-023: 63,64 & 671 This is to acknowledge receipt of your letter dated January 17, 2006 requesting time extensions for above listed ordinances. As mentioned in our July 14, 2003 letter, an administrative time extension has been granted for Condition E of Ordinance 95, 118, therefore any additional extension of time will require Planning Commission and Hawaii County Council action. You will need to submit your request(s), with reasons, along with 20 copies of that request to the Planning Commission with a $250 filing fee. A public hearing will beheld by the Planning Commission and the Hawaii County Council. Please review both ordinances and consider each condition in regards to compliance and your extension request(s) before the Planning Commission and the Hawaii County Council. In regards to your request to combine the two above listed ordinances and the applicable conditions into one ordinance, you will need to submit this request, with a map of the metes and bounds combining the area of both ordinances, along with the time extension request(s). Hawaii County is an Equal Opportunity Provider and Employer Cornm. No. 10y 3 Ref. To:_ Ref. Uate F F~6 Steven S.C. Lim, Esq. Carlsmith Ball Page 2 February 3, 2006 If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 259. Sincer CHRISTOPHER J. EN Planning Director JWD:smn P:\WPWIN60\JEFF1Letters~'ime Ext\LLim-TER-CondE-REZ709&REZ524.doc cc w/ copy of letter: awaii County Council Planning Commission Planning Department-Kona Hawaii County is an Equal ®pportunity Provider and Employer 2065 JflN Ig ~~~~L,SMITH BALL LLP r~- pp pp A LIMITED LIABILITY LAW PARTNERSHIP I-Li'ljl'~1( iplf~~.l(. Rs _~n r}T, v l1~IV~~( (,ji ~ I-~IA if~~~~121 WAIANUENUE AVENUE VVP P.O. BOx 6B6 HILO, HAWAII 96721-~EiBfi TELEPHONE 808.935.6699 FAx 808.935.7975 W W W.CARLSMITH.COM DIRECT DIAL NO. SIdMC~CARLSMITH.COM OUR REFERENCE NO.: 056254-3 January 17, 2006 Christopher J. Yuen Planning Director P1amling Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Request for two-yeaz extension of time to comply with Condition E (Commerce Construction) Change of Zone Ord. No. 92-36, as amended by Ord. No. 95-118 (REZ 709) Change of Zone Ord. No. 86-49, as amended by Ord. No. 90-010 (REZ 524) Successor Applicant: Samson, LLC Tax Map Kev: (3) 7-5-010:013 Dear Mr. Yuen: Successor Applicant Samson, LLC hereby requests time extensions for the development of the above-referenced Property. In February 2005, the Property was purchased by Successor Applicant Samson LLC. Although prior Applicants have obtained Final Plan Approval of the original project on June 2, ]993, and had commenced construction of that project through work within the County right-of--way for sewer improvements on September 1, 2000 and grading work on the Property in January of 2002, the prior development was halted. Following the February 2005 purchase of the Property by Successor Applicant, and due to the changing market conditions could not have been foreseen by Successor Applicant and were not the result of their fault or negligence, the original project concept o€ a conunercial / multiple-family residential project has been amended by deleting the commercial component and proposing approximately 146 multiple-family residential units. See Exhibit A -Conceptual Site Plan for Kumulani Project. The granting of this time extension would not be contrary to the General Plan or Zoning Code, and would not be contrary to the original reason for the change of zone. Pursuant to the July 14, 2003 Planning Department letter for the Property, as a result of the consolidation of the prior TMK parcels into TMK (3) 7-5-010:013 consisting of approximately b.563t acres, the Planning Department is treating the Conditions of Zoning under HONOLULU ~ KAPOLEI ~ HILO ~ KONA ~ MAUI ~ CUAM ~ SAIPAN Christopher Yuen January 17, 2006 Page 2 Ordinance No. 92-36 and Ordinance No. 86-49 as a consolidated project with similar time- related conditions. See Exhibit B (July 14, 2003 Planning Department letter.) For ease of administration by all parties, this will request that, in addition to the time extensions requested, the Planning Commission and County Council act to amend Change of Zone Ordinance No. 92-36 and Ordinance No. 86-49 ley combining the two ordinances and the applicable Conditions of Approval into one ordinance. Please feel free to call me should you have any questions concerning this time extension request. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL LLP Steven S . Li SSL/lah cc: Samson, LLC 4832-4475-3920. l T z r. ~ ~ ~ ti t ~~_y o w ~ r ~ `n a ~ ~ ` z O ; a „ ~ - ~ - a r - ~ - < r ~ r-._ ~ ~ ~ ~ ~ ~ i x ~ i T, , ~ f ` t i i ~ € , ~ ~ r ~ ~ + ' i~~ ..r- g r _ ® m~ f i ^ ° p ~ E ~ i yk~ ~ ~ °iQ ® ' i2n kk q r ~ ~ ~t e x r ~ ~ ~ I I O Y I t ~ ~ _ I ~ ~ 5 H n y ~ ~ ti ~ ~ ~ I ~ / ~fJ ~ uaY~...., Zy~ awry Kim ~ Clir:r.stopher .l. ~aaer~ ,'Mayor '`,~'y , , Dirrctrr ~',yF`gCp~,'N~ I+Oy ~3~C%1TlOt~~ Drpury Cir•.z:rar PLAi~r~x~~ ~~II~A~~~M.~~~T IOi Pauahi Street, Suite 3 • Hilo. Hawaii 96720-_~~~ (n08) 9r} 1-82~;ti hax_ (£~t_38) 9ti I -$?d:% July 14, 2003 Steven S.C. Lim, F.sq. Carlsrnith Ball I 2 J Waianuenue Avenue - Hi1o, HI 96721-0686 Dear Mr. Lim: State Land Use Boundary Amendment Ordinance No. 92-35 (SLU 811) Change of Zone ®rdnance No. 92-36 as amended by Ordinance 95-118(1ZEZ 709) Change of Zone Ordinance No. 86-49 as amended by Ordinance 90-010(REZ 524) Applicant: Hualalai Properties, Inc. (suceeed~d by-aCL&.D Seven, LLC) TMK: 7-5-010:013 (formerly 7-5-10: portion of 13 and 7-5-023: 63,64 & 67L+ This is to acknowledge receipt of your 2001-2002 Annual Progress Report dated July 7, 2003, submitted in compliance with Condition N of the above-referenced ordinances. We have conducted a review of our files and have the following comments: 1. Ordinance No. 92-35 amended the State Land Use Boundary from an Agricultural to an Urban designation for 3.224 acres of land for TMK: 7-5-010: portion of 13. 2. Ordinance No. 92-36 (amended by Ordinance 95-118) reclassified the following zoning designation: TMK: ?-5-010: portion of 13 a: Unplanned to Multiple Family Residential for 3.224 acres b: Double Family Residential to Village Commercial for 2.117 acres TMK: 7-5-023: Ofi3 a: Double Family Residential to Village Commercial for 0.179 acres > X17 x ~1 111 ~J Steven S.C. Lim, Bsq. Carlsmith Ball Page 2 July 14, 2003 3. Ordinance No. 86-49 (amended by Ordinance 90-10) reclassified the following zoning designation: TMK: 7-5-023: 064 & 067 a: Double Family Residential to Village Commercial 1.042 acres 4. The total development area for this project is 6.562 acres. 5. Condition B of Ordinance 92-36 (as amended by Ordinance 95-118) stated that the required water commitment payment be submitted to DPW in accordance with its "Water Commitment Guidelines Policy." Our office acknowledge receiving a copy of the receipt dated September 18, 1992 of the required $6,600 water commitment deposit and acknowledged compliance with this condition in our October 21, 1992 letter. Our office sent a letter on January 15, 1993 to Attorney Robert Triantos stating that DPW's letter dated September 18, 1442 stipulated that a water commitment for the additional 44 units had been granted until September 30, 1945 for a total water commitment of 66 units. The other 22 units are available and committed to the property by virtue of the previous zoning with no time limit according to Quirino Antonio of DPW. We stated that with the above action, Condition B of Ord. 92-36 was complied with until September 30, 1995. We also stated that if the development was not completed by this date, an extension would need to be applied for and secured for DPW in conjunction with their water commitment policies and requirements. Our records show that an additional water commitment time extension was granted from DPW until September 30, 1997. We do not have any information beyond this date showing compliance with condition. Please submit information showing that a water commitment time extension has been secured up to this date. Steven S.C. Lim, Esq. Carlsmith Ball Page 3 July 14, 2003 6. Condition C of Ordinance 92-36 (as amended by Ordinance 95-118) required Consolidation approval of the subject properties (TMKs:7-5-O10:portion of 013 and 7-5-023:063 & 067. This was complied with on October 28, 1992. In our letter dated September 15, 1992, we stated that `since the overall development is contingent upon- the compliance of conditions of both Ordinance No. 92-36 and 90-10, especially with respect to the Consolidation condition of Ordinance No. 92-36, we shall use the effective date of Ordinance No. 92-36 to monitor the time conditions of both ordinances.' 7. Condition E of Ordinance 92-36 (as amended by Ordinance 95-118) stated -that construction shall commence within five (5) years from the date of receipt of Final Plan approval and shall be completed within two years thereafter. In our letter dated December 16, 1997, an administrative-time extension was granted until June 2, 2003 to commence construction and that construction shall be completed by June 2, 2005. According to your letter, construction activity has commenced. Tease be inforaned t1?at-any additioaaal extea~sion ®f tiaaae beyonef June 2, 2005 will require Planning Cornanissioa~ action. As noted above, the extension of time also applies to Ordinance 90-10 (REZ 524). 8. Condition N of Ordinance 92-36 (as amended by Ordinance 95-118) states that an annual progress report shall be submitted to the Planning I3irector prior to the anniversary date of this ordinance. The effective date of Ordinance 95-118 is October 12, 1995. Since we are using the effective date for Ordinance 95-1 I8 for both. ordinances (95-118 and 90-010, we will -accept one annual progress report for both ordinances. Tlge next annuu! progress rep®rt will be due on or bef®rc Oct®ber 12, 2003. Steven S.C. Lim, Esq. Carlsmith Ball Page 4 July 14, 2003 We appreciate the thoroughness of your reports. If you have any questions, please fee] free to contact Jeff Darrow at 961-8288. Sincerely, CHRISTOPHER J. Y7QEN Planning Director 1 JWD:pak p: wpwin60\jefflletters\LLimAPR-REZ709&524.doc cc w/copy of letters: Hawaii County Council Planning Commission Planning Department-Kona