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Home My WebLink AboutCOM 0536.000 1996-1998 r ~ MtY Oi NSW m ~ Virginia Goldstein Stephen K. Yatnashiro Dirccror Major h ~ ~ ~ ~ Russell Kokubun • ( 4~r~ oi'Mi'~~ ` ~ I U U ~ ~'j I ~ t Deputy Dircceor ~II1x11~~1 ~~U1W'Li<~'~'~' ' f II PLANNING DEPARTMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 (8081961-8288 • Fax (8081961-9615 October 9, 1997 Mr. James R. Bell Belt Collins 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 July 22, 1997, in compliance with Condition L of the above-referenced ordinance, and request for a time extension to Condition C. Condition C states: "C. Final Plan Approval of the development shall be secured from the Planning Department within one yeaz 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 Cc.~t 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 April 22, 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 would be processed through this office and the Planning Commission. To date, we have not received the necessary paperwork to process your request. ocr ~ 3 ~9971~3G i:aarat. Ma A11e Ito. ~LN(s/K/U ltet. Tot ~•-T x~t. (raft: OCf I4 1997 a e Mr. James R. Bell Belt Collins Page 2 October 9, 1997 A request for an additional extension of time must be forwarded to the Planning Commission through this office, together with a $250 filing fee, original and twenty copies of the request. A public hearing to consider your request will be held within 120 days. After such a hearing is conducted, the request and the Conunission'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, 1998. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at 961-8288. Sincerely, mac.. w /G~.-~ ;~IItG1I~IIA GOLDSTEIN L/ Planning Director PKF:cjf fl\wpwin60\christin\jbell. pkf cc w/Itr: West Hawaii Office Planning Commission County Council ~ _ ~ - s ~a BELT COLLINS H A W A 1 I July 22, 1997 245-01/97A-415 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 Liliuokalani Trust - Eho Street In accordance with Condition L of Hawaii County Ordinance Number 91-27, 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 (8). 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 has been approved. Condition (C.'). Final Plan Approval of the development shall he 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. 680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 96ft13-5406 U.S.A., TEL: 808 521-5361 FAX: 808 538-7819 ENGINEERING PLANNING LANDSCAPE ARCHITECTURE • ENVIRONMENTAL CONSULTING HAWAII SINGAPORE • HONC KONG AUSTRALIA • MALAYSIA • THAILAND • GUAM • FLORIDA Ms. Virginia Goldstein July 22, 1997 - 97A-415 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 overall 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. Now that the EIS process is complete, the State has now hired a design consultant to work on the actual widening design with right-of-way acquisition scheduled for the period between July 1997 and February 1998. Included in this discussion will be the access to the highway that the Trust has at Eho Street. It is not 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 was not ready to discuss the questions. 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 (D). Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. The Trust or its future developer intends to comply with this condition. 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. The Trust has compliaJ with this condition by donating the 62-foot wide snip 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 easement from Eho Street to Queen Kaahumanu Highway meeting with the approval of the Department of Public Works. These improvements shall be Ms. Virginia Goldstein July 22, 1997 - 97A-415 Page 3 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. Condition (L). An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. Ms. Virginia Goldstein July 22, 1997 - 97A-415 Page 4 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. 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. A time extension request for Condition C has been submitted. The Trust acknowledges the receipt of the County's response dated May 4, 1995. The Trust intends . Ms. Virginia Goldstein July 22, 1997 - 97A-415 Page 5 to submit a new extension request as called for in Condition (M-5) above at such time as a right-of-way agreement is reached with the State this is expected before February 1998 If you have any questions or comments, please call me. Sincerely yours, BELT COLLINS HAWAII LTD. es R. Bell JRB:gk cc: Frank Jahrling