HomeMy WebLinkAboutCOM 0536.001 1996-1998 a
Virginia Goldstein
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Ailo, Hawaii 96720.4252
(808) 9b1.8288 • Fax (808) 961-8742
March 31, 1998
Mr. James R. Bell
Belt Collins Hawaii, Ltd.
680 Ala Moana Blvd, First Floor
Honolulu, HI 96813-5406
Dear Mr. Bell:
Change of Zone Ordinance No. 91 27 (REZ 684)
Applicant: Liliuokalani Trust (formerly Eho Associates, Inc.)
Subject: Annual Progress Report
TMK• 7 4 15.15
This is to acknowledge receipt of your annual progress report dated March 10, 1998, in
compliance with Condition L of the above-referenced ordinance, and request for a time
extension to Condition C. You indicated in your progress report [hat "accordingly, the
Trust needs a time extension to have adequate time to meet the needs of all parties i.e., the
Trust, the State, and Hawaii County." Condition C states:
"C. Final Plan Approval of the development shall be secured from the Planning
Department within one year from the date of Final Subdivision approval. To
assure adequate time for plan approval review and in accordance with Chapter
25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days
prior to the date by which plan approval must be secured. Plans shall indicate
internal driveway circulation with the adjacent Kona Coast Shopping Center."
As stated in our letter to you dated May 4, 1995, an administrative extension of time until
May 24, 1995 to secure Final Plan Approval as required by Condition C was previously
granted on Apri122, 1994. In addition, we noted in our May 4, 1995 letter that a request for
an additional extension of time to comply with Condition C wou]d be processed through this
office and the Planning Commission. Further, by letter dated October 9, 1997, we again
noted that we were awaiting the necessary paperwork to process your request for an additional
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Mr. James R. Bell
Belt Collins Hawaii, Ltd.
Page 2
March 31, 1998
extension of time. Subsequently, your letter dated October 17, 1997 noted that "...as soon as
the Trust reaches agreement with the State Department of Transportation for the expanded
right-of-way for Queen Kaahumanu Highway, it will consider requesting an extension to
complete the conditions imposed by the Change of Zone ordinance."
In reviewing our files, we find that Condition C should have been complied with no later
thin May 24, 1995. Therefore, please submit the request for a time extension to Condition
C, together with the $250 filing fee, original and twenty copies to this office as soon as
possible. A public hearing to consider your request will be held within 120 days. After such
a hearing is conducted, the request and the Commission's recommendation will be forwarded
to the County Council.
As a reminder, you are required to comply with all conditions as stated in the above-referenced
ordinance within their appropriate timetables. In addition, your next annual progress report
will be due on or before March 21, 1999.
Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at
961-8288.
Sincerely,
..VIRGINIA GOLDSTEIN
Planning Director
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BELT COLLIN S
H A W A I I
March 10, 1998
245-01/98A-157
Ms. Virginia Goldstein, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Annual Progress Report
for Ordinance Number 91-27 (REZ 684)
Liliuokalani Trust - Eho Street, TMK 7-4-15:15
In accordance with Condition L of Hawaii County Ordinance Number 91-27 and
your letter of October 9, 1997, this Annual Progress Report is submitted on behalf of
Liliuokalani Trust. The Report addresses the status of the development and compliance
with the conditions of approval.
Condition (A). The applicant, successors or assigns, Shall comply with all of the
stated conditions of approval.
Acknowledged.
Condition (B). Subdivision plans for the future road widening strip shall be
submitted to the Planning Department within one year from the effective date of
the change of zone. Final subdivision approval shall be secured within one year
from the date of tentative Subdivision approval.
Completed; final subdivision approval has been secured.
Condition (C). Final Plan Approval of the development shall be Secured from the
Planning Department within one year from the date of Final Subdivision approval.
To assure adequate time for plan approval review and in accordance with Chapter
25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days
prior to the date by which plan approval must be Secured. Plans shall indicate
internal driveway circulation with the adjacent Kona Coast Shopping Center.
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Ms. Virginia Goldstein
March 10, 1998 - 98A-157
Page 2
A letter dated April 13, 1995 requesting a one year extension from May 24, 1995 to
May 24, 1996 was submitted in April 1995. Please note that the dedication of a
62-foot wide widening strip for Queen Kaahumanu Highway mentioned in that
letter has been completed. A response by the County dated May 4, 1995, was
received by the Trust.
The Trust has been working with the State Department of Transportation on its
right-of-way needs for Queen Kaahumanu Highway between Palani Road and the
boundary between the State's Kealakehe land and the Trust's Keahuolu land. The
State has hired Fujita & Associates, an engineering design consultant, to prepare the
construction plans for the widening. The right-of-way acquisition process is
proceeding, and representatives of the Trust have met with the Department of
Transportation Right-of-Ways Branch on site in February 1998. Included in this
process is the access to the highway that the Trust has at Eho Street. It is not yet
possible for the Trust to submit to the County a Final Plan for approval before an
agreement on the access and right-of-way questions is reached between the Trust
and the State. It is probable that a revised subdivision of Lots 8-A, 8-B, and 8-C will
be required by the agreement. In our 1996 Annual Report, it was suggested that
the Trust might submit a revised plat prior to reaching agreement with the State;
however, this was not possible as the State is still not ready to discuss and finalize
the questions and answers. Accordingly, the Trust needs a time extension to have
adequate time to meet the needs of all parties, i.e., the Trust, the State, and Hawaii
County. The State hopes to be able to complete right-of-way acquisition in 1998
and begin construction in 1999.
Condition (D). Construction Shall commence within one year from the date of
receipt of Final i'lan Approval and be completed within two years thereafter.
The Trust or its future developer intends tc comply •.vit4: *,his ccnditicn.
Condition (E). The landowner shall donate the 62-foot wide strip of land fronting
Queen Kaahumanu Highway to the State for roadway purposes within one year
from the date of Final Subdivision Approval.
Completed. The Trust has donated a 62-foot wide strip to the State for roadway
purposes.
Condition (F). Improvements to Eho Street extension, including curbs, gutters
and sidewalks, Shall be constructed within the existing 60-foot wide roadway
b ~
Ms. Virginia Goldstein
March 10, 1998 - 98A-157
Page 3
easement from Eho Street to Queen Kaahumanu Highway meeting with the
approval of the Department of Public Works. These improvements shall be
completed prior to issuance of a certificate of occupancy for any portion of the
commercial development.
Acknowledged.
Condition (G). Driveway access(es) shall be approved by the Department of
Public Works.
Acknowledged.
Condition (H). Improvements to Eho Street-Queen Kaahumanu Highway
intersection shall meet with the approval of the Departments of Transportation-
Highways Division and Public Works.
Acknowledged.
Condition (I). A drainage system meeting with the requirements of the
Department of Public Works shall be installed.
Acknowledged.
Condition (J). All other applicable laws, rules, regulations and requirements be
complied with.
Acknowledged.
Condition (K). Should the council adopt a Unified Impact Fees ordinance setting
forth criteria for the imposition of exactions or the assessment of impact fees,
conditions included herein may, at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified Impact Fees
Ordinance.
Acknowledged.
r
Ms. Virginia Goldstein
March 10, 1998 - 98A-157
Page 4
Condition (L). An annual progress report Shall be Submitted to the f tanning
Director prior to the anniversary date of the effective date of the zone change.
The report Shall address 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 Planning Director
acknowledges that further reports are not required.
Submitted herewith for 1998.
Condition (M). An initial extension of time for the performance of conditions
within the ordinance may be granted by the Planning Director upon the following
circumstances:
1) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, 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 granted 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); and
5) If the applicant Should require an additional extension of time, the Planning
Director shall Submit the applicant's request to the County Council for
appropriate action.
Further, should any of the conditions not be met or Substantially complied with in
a timely fashion, the Director shall initiate rezoning of the area to its original or
more appropriate designation.
7 • m
Ms. Virginia Goldstein
March 10, 1998 - 98A-157
Page 5
A time extension request for Condition Chas been submitted. The Trust
acknowledges the receipt of the County's response dated May 4, 1995. The Trust intends
to submit a new extension request as called for in Condition M-5 above at such time as a
final right-of-way agreement is reached with the State this is expected before February
1999.
If you have any questions or comments, please call me.
Sincerely yours,
BELT COLLINS HAWAII LTD.
mes R. Bell
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cc: Frank Jahrling