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Home My WebLink AboutCOM 0694.000 2006-2008 J,~YY O, y_ O. '~1~ ~ 4. L.~ i " 14. Harry Kim Christopher J. Yuen Mayor Director '+i~gyw:+ Brad Kurokawa, ASLA LEED®AP ~ttuxtt~J tTf ~2Y~MtT Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Sui[e 3 Hilo, Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 r.. September 18, 2007 ~ ' cn t-, Ms. Michelle Orian, Manager Queen Liliuokalani Trust ` Alakea Corporate Tower ~ 1100 Alakea Street, Suite 1100 Honolulu, HI 96813 Dear Ms. Orian: Change of Zone Ordinance 91-27, as amended by Ordinance 00-90 (REZ No. 684) Applicant: Queen Liliuokalani Trust Subject: 2007 Annual Progress Report Tax Mau Keys: 7-4-15: 15 This is to acknowledge receipt of the annual progress report dated August 14, 2007 in compliance with Condition J of Change of Zone Ordinance No. 00-90, which amended Change of Zone Ordinance No. 91-27. We appreciate the timeliness and the thoroughness of the report. The next annual progress report is due on or before August 21, 2008. By copy of this letter, we are 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 Dalrow of the Planning Department at 961-8288, ext 259. Sincerely, U~ CHRISTOPHER J. YUEN arming Director JWD:smn P:\public\wpwin60Ve(Y\Let[ers\Annual Reports\LOrian-APR2007-REZ684.doc xc w/report: ~ County Council Planning Commission Planning Department -Kona Comm. No. Ref. To: Ref. Date CEP 1~r T Hawaii Counry is an Equal Opportunity Provider and Employer. - -~Q~T~~N hILI`UOKAhANI TRUST Alakea Corporate Tower 1100 Alakea Street, Suite 1100 Honolulu, Hawaii 96813 Trlephone: (808) 203-6150 Facsimile: (808)203-6151 August 14, 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 Number 00-90 Queen Lili`uokalani Trust Eho Street, TMK 7-4-15:15 Keahuolu, North Kona, Island of Hawaii In accordance with Condition J of Hawaii County Ordinance Number 00-90, please find the Annual Progress Report. The Queen Lili`uokalani Trust inadvertently missed last year's submission of the Annual Progress Report and apologizes for any inconvenience to the County. The Report addresses the status of the development and compliance with the conditions of approval for the current and prior year. Condition (A) The applicant, successors or assigns, shall comply with all of the stated conditions of approval. Acknowledged. Condition (B) Final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (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. QLT or its developer will comply with this condition, including obtaining final plan approval in conjunction with the development of the project area. The timetable for development will ultimately be dependent upon market opportunities available to QLT, of which QLT continues to pursue. Created by her Late Majesty Queen Lili'uokalanf Mr. Christopher Yuen, Director August 14, 2007 Page 2 Condition (C) Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. QLT or its future developer intends to comply with this condition after Condition B has been met. Condition (D) 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 completed prior to issuance of a certificate of occupancy for any portion of the commercial development. The Trust has submitted plans for review to the County and the State Department of Transportation for the Eho Street extension. Upon final plan approval and necessary permitting, the Trust will begin work on the extension. Condition (E) Driveway access(es) shall be approved by the Department of Public Works. Acknowledged. Condition (F) Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works. The Trust has submitted plans for review to the County and the State Department of Transportation for the Eho Street extension. Upon final plan approval and necessary permitting, the Trust will begin work on the extension. Condition (G) A drainage system meeting with the requirements of the Department of Public Works shall be installed. Acknowledged. Condition (H) All other applicable laws, rules, regulations and requirements be complied with. Acknowledged. Condition (I) 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 Unifted Impact Fees Ordinance. Mr. Christopher Yuen, Director August 14, 2007 Page 3 Acknowledged. Condition (J) An annual progress report shall be submitted to the Planning 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. The next annual report will be due August 21, 2008. Condition (K) 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 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 S. 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 rnet or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. Ordinance No. 00-90 approved a 10-year extension (from the effective date of the ordinance, August 21, 2000) for the performance of conditions within this ordinance. If you have any questions, please do not hesitate to contact me at (808) 203-6150. Sincerely, l v ~ ~.t,t,., Michelle Orian Manager