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Home My WebLink AboutCOM 0693.000 2006-2008 +1V a1 M, ' Harry Kim Christopher J. Yuen Mayor Director °+•;;•;;;r~ Brad Kurokawa, ASLA L,, LEED®AP CntYixn#g of ~tt£trtttt DepuryDirecror PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 9G720-3043 (808) 961-8288 FAY (808) 961-8742 September 18, 2007 r., , c~ Ms. Michelle Orian, Manager - - Queen Liliuokalani Trust Alakea Corporate Tower 1100 Alakea Street, Suite 1100 Honolulu, HI 96813 Deaz Ms. Orian: Change of Zone Ordinance No. 99 96 (REZ 922) Applicant: Queen Liliuokalani Trust Subject: 2007 Annual Progress Report Tax Man Key: 7-4-008:063 This is to acknowledge receipt of your letter received August 29, 2005, containing an annual progress report as required by Condition N of Ordinance No. 99 96 (REZ 922). We appreciate the timeliness and the thoroughness of the report. The next annual progress report is due on or before August 19, 2008. By copy of this letter, we aze forwarding the report to the County Council and the Planning Commission for their information. Thank you for your cooperation in complying with the annual report requirement. Should you have any questions, please contact Jeff Darrow of the Planning Department at 961-8288, ext 259. S iric\\erely, 1 ~HR1S~f PHER J. YUE~N ~ Planning Director JWD:smn P:\public\wpwin60Uef ettersWnnual Aeports\LOrian-APR2007-REZ922.doc xc w/report: County Council Planning Commission Planning Department -Kona Comm. No.~_ Ref. To: Ref. date 3`~ Hawaii County is an Equal Opponuniry Provider and Employer. .QUEEN LIhI`UOY~ILANI TRUST - - - Alakea Corporate Tower 1100 Alakea Street, Suite 1100 Honolulu, Hawaii 96813 Telephone: (808)203-6150 Pacsimile: (808) 203-6151 August 13, 2007 Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Mr. Yuen: Annual Progress Report Ordinance No. 99-96 Hawaii County Queen Lili`uokalani Trust In accordance with Condition N of Hawaii County Ordinance No. 99-96, please find this Annual Progress Report. The Trust inadvertently missed last year's submission of the Annual Progress Report and apologizes for any inconvenience to the County. This report addresses the status of the development and compliance with the conditions of approval for the current and prior year. Condition (A) The applicant, it successors or assigns, shall be responsible for complying with all conditions of the change of zone. Compliance is ongoing. Condition (B) The applicant, its successors or assigns, shall be responsible for complying with applicable conditions of the State Land Use Boundary Amendment Decision and Order in Docket No. A94-705. Compliance is ongoing. On June 15, 2007 and May 27, 2006, the Trust submitted annual progress reports to the County of Hawaii Planning Department for its inclusion within the County's annual report to the State (complying with Condition No. 13 of LUC Docket No. A94-705). Condition (C) The required water commitment be exercised or secured with the Department of Water Supply in accordance with the prior agreement and/or its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the Final Plan Approval. ~I ~ ` Created by her Late Majesty Queen Lili'uoka[ani Mr. Christopher Yuen, Director August 13, 2007 Page 2 At the time of development and in accordance with the time frame specified, QLT will comply, or ensure that the developer is in compliance with this condition. Condition (D) Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code and Planning Department's Rule 17, relating to Landscaping Requirements. Plans shall identify the proposed structures, vehicular traff c, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. At the time of development and in accordance with the time frame specified, QLT will comply, or ensure that the developer complies with this condition. Condition (E) All roadways within the proposed development shall be improved with curbs, gutter and sidewalk improvements meeting with the approval of the Department of Public Works. At the time of development, QLT will comply, or ensure that the developer complies with this condition. Condition (F) All accesses and intersection improvements, including traffic signalization, shall be constructed meeting with the approval of the Department of Public Works. At the time of development, QLT will comply, or ensure that the developer complies with this condition. Condition (C) Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant, meeting with the approval of [he Department of Public Works, prior to occupancy of the development. At the time of development and in accordance with the time frame specified, QLT will comply, or ensure that the developer complies with this condition. Condition (H) A Drainage Study, if required, shall be prepared and the drainage system shall be installed meeting with the approval of the Department of Public Works. At the time of development, QLT will comply, or ensure that the developer complies with this condition. Condition (I) A Solid Waste Management Plan for the proposed development within the subject property shall be prepared and submitted for approval to the Department of Mr. Christopher Yuen, Director August 13, 2007 Page 3 Public Works prior to securing Final Plan Approval. A copy of the approved plan shall be submitted to the Planning Department for its files. At the time of development and in accordance with the time frame specified, QLT will comply, or ensure that the developer complies with this condition. Condition (J) Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. QLT will comply. Condition (K) An Archaeological Data Recovery Plan for the seven significant historic sites and a Preservation Plan (including buffer zones, interim protection measure, and a long-term preservation plan) for the Kuakini Wall shall be submitted to and approved by the State Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) and the Planning Department. The DLNR-HPD shall verify in writing to the Planning Department when both plans have been successfully executed. No land alteration may occur in the vicinity of the site until the plans have been successfully executed. At the time of development and in accordance with the time frame specified, QLT will comply, or ensure that the developer complies with this condition. Condition (L) Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. QLT, or its developer, will comply. Condition (M)Should the Council adopt a Unified Impact fees Ordinance setting forth criteria for the imposition of exactions or assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. As of the date of this Annual Report, no such ordinance has been adopted. Condition (N) An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail 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 Director acknowledges that further reports are not reguired. Mr. Christopher Yuen, Director August 13, 2007 Page 4 The next report will be due August 19, 2008. Condition (O) An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 applicant, 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 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). 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. In compliance, the requests for extension will be submitted when required, Condition (P) Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. QLT intends to comply with the conditions within this ordinance at the time of development and in accordance with time frames specified in each individual condition. If you have any questions or comments, please do not hesitate to contact me at (808) 203- 6150. Sincerely, n~ 0~~- Michelle Orian Manager