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Home My WebLink AboutCOM 0461.000 2006-2008 a Il%zrry Kizer ~ : ! irhra~topher J. Yuen •r Moyor 111 Director ~rR'a PN''M~ ar T `r " Brad Kurokaw ASLA LEED®AP (1TA.ix~ttt ~t ~~~F$TZ Deputy Director , PLIIAYYNNINLGS DLLEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 967203043 r„., (808) 961-8288 FAX (808) 961-8742 May 23, 2007 tv Steven S.C. Lim, Esq. Carlsmith Ball LLP . D P. O. Box 686 Hilo HI 96721-0686 ~ ~ Dear Mr. Lim: Change of Zone Ordinance No. Ol 69 (REZ 967) Applicant: Daniel Joseph ("Mike") McKenna (Previously EHP Corporation) Request: A-Sato CG-20 for Approximately 5.083 Acres of Land Subject: Response to Letter Dated May 11, 2007 Regarding Easement Tax Mao Key: 7-5-3:19 This is to acknowledge receipt of your letter dated May 11, 2007 regarding our request to negotiate in good faith with the owners of TMK: 7-4-8:001 to grant an easement over TMK: 7-5-3:19 to Henry Street in our March 16, 20061etter. Although your letter describes in detail the attempts you have made to negotiate in good faith to grant an access easement to Queen Liliuokalani Trust/Rutter Development over your client's property, the actual action of granting the easement and the purchase of the easement by QLT/Rutter Development has not been finalized. We aze requesting that you continue to work with the owners of TMK: 7-4-8:001 to finalize the granting of the access easement over TMK: 7-5-3:19 to Henry Street. Please keep us informed regarding the final outcome of the granting and purchase of the easement. If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 259. Sincerely, ,r`' ~_'1 ~~6 CHRISTOPHER J. ~'ilLN Planning Director JWDamn P:\public\wpwin60UefflLexters\Time Ext\LLim-TER-REZ967-CondD(2).doc cc w/copy of letter: Hawaii County Council Planning Commission Comm. Na~, Planning Department-Kona Ref. To: ~ Ref. Date _MAY 2 9 28117 Hawaii County is an 8gua1 Oppcrtunity Provider and Employer. CARLSMITH BALL LLP 2:' ' ' A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE . - - ~ P.O. Box 686 HILO, HAWAE 96721-0686 TELEPHONE 808.935.6694 Fax 808.935.7975 W W W.CARLSMTCH.COM SLiML?CARLSMITH.COM OUR REFERENCE NO.: 059190-1 May 11, 2007 Christopher Yuen Planning Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo Hawaii 96720 Re: Change of Zone Ordinance No. 01-69 (REZ 967) Applicant Daniel Joseph ("Mike") McKenna (previously EHP Corporation) Compliance with Condition D or Ordinance No. 01-69 TMK (31 7-5-003.019 Dear Mr. Yuen: This will report on compliance by the Applicant Daniel Joseph "Mike" McKenna with the condition of the Mazch 16, 2006 administrative time extension to comply with Condition D of Ordinance No. 01-69. That condition required the following: This time extension is given on the condition that the owners of TMK No. 7-5-3:19, if requested by the owners of TMK No. 7-4-8:001, negotiate in good faith over the granting of an easement in favor of the RCX-zoned portion of TMK 7-4-8:001 over TMK No. 7-5-3:19 to Henry Street, provided further that (1) the easement serves a predominantly residential development, (2) the easement does not significantly interfere with the use of TMK No. 7-5-3:19, and (3) the owners are paid fair market value for any easement. In compliance with the above condition of the 5-year time extension until August 24, 2011 to comply with Condition D (complete construction within five years) on August 11, 2006, our office requested of the Planning Department a copy of the proposed Queen Lili'uokalani Trust / Rutter Development (collectively "Rutter") Project Plan for TMK (3) 7-4-8:001 which showed the proposed access across the McKenna Parcel TMK (3) 7-5-3:19. On August 28, 2006 our office requested that the Planning Department apprise us on the status of our August 11, 2006 request regarding transmittal of the Rutter Project Plan. On August 30, 2006 we received HONOLULU ~ KAPOLEI ~ HILO ~ KONA ~ MAUI ~ GUAM ~ SAIPAN ~ LOS ANGELES . Christopher Yuen May 11, 2007 Page 2 an email from Michael Eadie of Rutter Development regarding the proposed access from the QLT property across the McKenna property to Henry Street. See attached Exhibit A. On September 5, 2006 I spoke with Michael Eadie of Rutter Development and was informed that Mr. Eadie would send us a project concept plan for review by Mr. McKenna regarding the proposed access. On September 12, 2006, my office received an email from LeeAnn Crabbe of QLT which indicated that Rutter Development was not prepazed to release their concept plan for the proposed residential project, however they did provide proposed density calculations for the residential project showing 236 units on 23 gross acres, to include approximately 400 parking stalls. On September 26, 2006, my office passed on MLS and other information on the McKenna property to QLT regazding a potential purchase of the McKenna property in order to obtain access to Henry Street and the water commitments that came with the McKenna property. I understand that the broker for Mr. McKenna contacted QLT regarding the potential purchase of the McKenna property, and as far as I know there has been no action on that front since that time. Therefore, in light of the above attempts to negotiate in good faith over the granting of an access easement in favor of the QLT property over the McKenna property, or the purchase of the McKenna property, this will request that the Planning Department issue written confirmation that the condition to the 5-year time extension to complete construction of the project through August 24, 2011, pursuant to Condition D of Ordinance No. 01-69 is hereby satisfied. If you have any questions, please feel free to contact me. Very truly yours, CARLSMITH BALL LLP Steven S. .Lim SSL/lny Enclosure cc: Mike McKenna LeeAnn Crabbe -Queen Lili'uokalani Trust Terry Lee, Esq. 4848-4211-6353.1 Lynn A. Hatakenaka - From: Michael Eadie [meadie@rutterdevelopment.com] Sent: Wednesday, August 30, 2006 1:56 PM To: Lynn A. Hatakenaka Cc: deadie@rutterdevelopment.com Subject: FW: Access to Henry Street Attachments: 08-30-2006 04;06;OSPM.PDF 08-30-2006 ~;06;08PM.PDF (372 Dear Ms. Hatakenaka, I am forwarding a scan that shows in a general way how we would access our property from a point further down Henry Street. We are unaware of your plans for the property and whether you are contemplating any changes along your frontage that might allow for one coordinated access point for our respective properties. Presently, we see a lot of landscape improvements and a wall there. I will be back in my California office on Friday. Perhaps we could talk about this over the phone. In the interim, if you have any comments we would appreciate hearing them. Mahalo, Dave Eadie, CEO Rutter Development Corporation 18012 Cowan, Suite 200 Irvine, CA 92614 (999) 863-1298 Cell: (949) 933-9723 email: deadie@rutterdevelopment.com 1 - ~ ,~g ~~y w r ' I,ok ~o +A r; , j ~ ~ ~ ~r~ ~ m Y' i 1 't X / \I o '1 1r ~ (J ~ \ \r t ~ i ti ~ N /f / 1~` ` ~ / ~ t \ /J iJ ~ ~ ~ v ~ ~ - / ` ~1 \ ~ ~ ,~'y ti h~ l~i v oa ~o (D N N a ~ N 7 N ~ d G7 D c w 0 N O O o ~ 2j ~ x~'~ x E ~ i \ c~ a ~ , 0 0 \ ~ O i... x' C. cl i~ , ~ n ~ ~ '1 Y ~ 9 ~ " a ili `fir'. \m a a~ I m ~1` 1~'`1 z ~ 4;I v 9- _ an 2 I Y ; t-• LP r ~ f ' ` " I! a ~ a ' o t; A~ i~\ \ y 2 ~ 3'~ ~ x ~~1 c ~ .,y, t ~ t 1 o ~ ~ i \ 14 i i w \ 1 c ~ ~ h \ ~ ~ e i Y a r •y ~ 'IUD ~ . ~ ~ ir, i _ ~ w io 1 Y ,d I a I o~ o.~ , rF.:.N. ~.«,,a,.~~,_,,. a °a Po G g x ~ rc i~F,K B` 4+ ?iii. lYjt _ v ;t c i~ ~ [ t e C ~ ~ ~ i $ i i 3 ~ ~ t ii ; - F ~ . i i i ___,~1 o Py~,n °~M :a ~ i ~t ~P/ y. 1 \ r ~ Y C F. fb ~ a I a 1~~ 'r ~ WI I D~' F / ~ Y~S M i V 'sl'i ~t i ® ~ \ .7 ~ y ~ ~t ~ _ .airy ~i~!>{ ~ _C_; r~, i' ~ s~i ; ° t 1' 9 ' ~r. 9 ~ If : .118, ~i ~ 'hrw 1~ ~ F P I o i ~ - Ca ,:.,,m„ ~ ~ ~a \ ~~t I 1 ~~1 PP ItrN I L 'o 2 r ~ , II ~ , f ae ca# i ~ I .S yiG t ~7; o ~rv/ ~ ' i j s