HomeMy WebLinkAboutCOM 0790.000 2006-2008
Harry Kim Christopher J. Yuen
Mayor Director
QD Brad Kurokawa, ASLA
LEEM AP
`0•utxntg Q{ Pal j2ttt Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224
(808) 961-8288 • FAX (808) 961-8742
c~
October 29, 2007
r`
cc
Mr. Clifford Kabumoto
P.O. Box 239
Kailua-Kona, HI 96745-0239
:v
Dear Mr. Kabumoto:
Change of Zone Ordinance No. 03-128 (REZ 1024)
Applicant: Clifford Kabumoto
Subject: 3rd Annual Progress Report (September 14, 2007)
& Email Message fr. J. Curtis Tyler III (August 2, 2007)
TMK: 7-3-19: 21 & 30
Thank you for submitting the above status report. It satisfies rezoning performance
condition J for the 2007 reporting year. A copy of the letter and plan will be forwarded to
Hawaii County Council and the Planning Commission for their review.
The remainder of this letter provides comments or responds to certain conditions reported
in APR (2007). Noted below is a reminder of the following dates and time periods to
perform the rezoning conditions.
Notice: Time to Perform Rezoning Conditions.
Next APR due (Condition J): On or before September 16, 2008
Time to Receive Final Subdivision Approval (Condition C): September 16, 2008
Effective date of rezoning ordinance: September 16, 2003 5-year period to perform)
Comm. No. 1 q O
Ref. To:
Ref. Date UL; 1 3 0 2007
Hawaii County is an Equal Opportunity Provider and Employer.
' Mr. Clifford Kabumoto
Page 2
October 29, 2007
Comments to Annual Progress Report (2007)
Condition C: Final Subdivision Approval Process
Q Deadline Date for Final Subdivision Approval: Sept. 16, 2008.
From the effective date of the ordinance, Sept. 16, 2003, the rezoning ordinance
provides a five year period to obtain final subdivision approval.
¦ Comments on Subdivision Application fr. State DOT - Highways Division.
According to comments on the preliminary plat map from DOT - Highways
Division's (February 1, 2005), it stipulated more information was needed
(identified 4 issues), access comments or conditions were noted (3 issues listed) as
well as other comments or conditions (two issues identified). Included with this
letter are two copies of DOT's 2005 comments of the preliminary plat map.
? Note: For APR (2008), please contact beforehand Highways Division. Discussion
may be needed to clarify or update DOT's comments, conditions, and requirements
for highway and road improvements. Please resolve with Highways Division the
issue of whether subdivision plans have been submitted to DOT or not; and, have
the 2008 APR report on the status and the extent of achieving compliance of these
matters with Highways Division.
Condition D: Draft 2 Restrictive Covenants. Planning Director's Letter (October 11,
2007) approved the second revised draft of the declaration of covenants; and to fulfill
compliance with rezoning condition D, a conformed copy of the officially recorded
declaration is required to be submitted to the department's Hilo office.
Correction on Condition E: Two Lot Allocation for Fair Share Contribution.
Thank you for raising this issue. We've reexamined the matter and agree, that according
to unwritten policy and albeit one subject to change, the current accepted practice is to
recognize the existing lots of a subdivision application; and consistent with current
practice, these existing lots are not to be counted towards the total number of lots to
determine the fair share contribution (allegedly, a previous practice counted all lots of a
subdivision).
For Subdivision Application 2004-0015 (proposed lots, 17-A-1 & 17-A-2 and 18-A-1 &
18-A-2) the fair share contribution is based on only the two additional lots created from
this proposal.
Mr. Clifford Kabumoto
Page 3
October 29, 2007
Future Contact. When this project is prepared to fulfill condition E, please contact
Alice Kawaha, the department's program planning manager who supervises the fair share
contribution - allocation program. Ph: 961-8288.
Please also note that there was a recent update to the fair share contributions table
adjusted to the 2007 HCPI. Larry Brown can be contacted for information on the current
update.
Condition F, G, & J: No comments are needed on this part of the report; these sections
are accepted as stated.
Condition L (criteria 1- 5): Initial (one-time, only, administrative, five-year) Time
Extension. Because both state DOT - Highways Division and County DWS confirmed
that the subdivision plans of this application is not on record and not received by these
two agencies:
? Please monitor the remaining time to complete the subdivision application &
to fulfill the rezoning performance conditions by the required toll date:
September 16, 2008.
? A request for a rezoning condition L initial (administrative) time extension
must be submitted before the time to perform tolls.
• The written request can state that it is submitted for an initial (administrative)
time extension, according to county rezoning Ordinance 03-128 condition L;
• the time extension may seek an additional five (5) year period to perform;
¦ submit the request to the Planning Director; the request is subject to the
director's discretion pursuant to the evaluation criteria of condition L;
consequently,
• the request is required to address the evaluation criteria of condition L (1 - 4).
t
Mr. Clifford Kabumoto
Page 4
October 29, 2007
For any discussion on the matters presented here, please contact Earl Lucero of my staff.
(Ph: 961-8288 x266).
Sincerely,
CHRISTOPHER J.`YIJEN
Planning Director
EML:cd
P:\public\wpwin60\EARL\Letters\LKabumotoAPR'07(2 ).doe
Enclosures
cc w/copy of report: Hawaii County Council
Planning Commission
Planning Department - West Hawaii
Kabumoto / Orin, LLC, SUB 2004-0015
J.C. Tyler, III
73-1305 Hiolani Street
Kailua-Kona, HI 96740
Clifford Kabutooto
P.O. Box 239 • Kailua-Kona m 141.96745-0239
September 14, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Christopher Yuen, Director
County of Hawaii Planning Department
Aupuni Center 93
101 Pauahi Street
Hilo, 11196720
Subject: 3rd Annual Progress Report (APR)
Rezoning Ordinance 03-128 (REZ 1024), Kabumoto / Uriu, LLC
Subdivision Application 2004-0015
Kohanaiki, North Kona, Ul
TMK: 7-3-019: 021 & 030
Dear Mr. Yuen:
In accordance with your letter dated January 11, 2007 and Condition J of the subject
ordinance, I am submitting this letter as the third annual progress report for the subject
property.
Condition C: "Final Subdivision Approval of the subject property shall be secured
within five (5) years from the effective date of this ordinance."
Response: I intend to comply with this condition. Preliminary subdivision approval was
granted on January 21, 2005, and subdivision plans were submitted to the Department of
Public Works on February 8, 2006. Subsequently, as previously reported, on May 5,
2006, plans were also provided to the Department of Water Supply and, for reasons still
unclear to me, since my property only borders on county roadways, to the State
Department of Transportation. Having received no response from that agency for over 6
months, I then asked my personal friend and former council member, Curtis Tyler, to
look into this for me. On December 12, 2006, he met with you to discuss this delay and
ask for your assistance in resolving this impasse. To our knowledge and to date, no
response has been received from that agency, and we believe the impasse continues. In
light and the seeming lack of relevance for the referral in the first place, I will be most
grateful for your waiving that response, so my application may proceed.
Condition D: " Restrictive covenants in the deeds of all the proposed lots within the
subject property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on each lot.
This restriction may be removed by amendment of this ordinance by the County Council.
p r T
The owners of the property may also impose private covenants restricting the number of`
dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii
Bureau of Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the recorded
document shall be filed with the Planning Department upon its receipt from the Bureau of
Conveyances."
Response: In accordance with the instructions contained in your letter dated January 11,
2007, relating to same, a revised Declaration of Covenants (DoC) was drafted by my
attorney, and an electronic copy was provided to your staff planner, Earl Lucero, by my
friend, Curtis Tyler, on August 2. I await written confirmation of its sufficiency.
Condition E: "The applicant shall make its fair share contribution to mitigate potential
regional impacts of the subject property with respect to roads. The amount of the fair
share contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow for each
lot, and shall become due and payable prior to final subdivision approval for any portion
of the subject property or its increments. If the subject property is subdivided in two or
more increments, the amount of the fair share contribution and payable to final
subdivision approval of each increment shall be a sum- calculated in the same manner
according to the number of proposed lots in each such increment. The fair share
contribution, in a form of cash, land, facilities or any combination thereof, acceptable to
the director in consultation with the affected agencies, provided that the fair share
contribution to address the potential road impacts shall be in the form of cash and shall be
applied to improving the Kaloko Drive/Hawaii Belt Road intersection. The fair share
contribution shall have a value of $9,472.11 per lot, Based upon the applicant's
representation of intent to subdivide and develop up to two (2) lots, the indicated total fair
share contribution is $18,944.22, however, the total amount shall be increased or reduced
in proportion with the actual number of subdivided lots according to the calculation and
payment provisions set forth in this Condition E. The fair share contribution shall be
allocated as follows: $9,472.11 per lot for an indicated total of $18,944.22 to the State or
County to support road and traffic improvements. The fair share contributions described
above shall be adjusted annually beginning three years after the effective date of the
change of zone, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). In lieu of paying the fair share contribution, the applicant may construct and
contribute land, improvements/facilities related to parks and recreation, fire police, solid
waste disposal facilities, and roads within the region impacted by the proposed
development subject to the approval of the director. For the proposes of administering
Condition E, the fair market value of land contributed or the cost of any improvements
required or made in lieu of the fair share contribution shall be subject to the review and
approval of the director, upon consultation with the appropriate agencies."
Response: I intend to comply with this condition. However, your January 11, 2007 letter
speaks of "an adjusted allocation" based on a total of four lots. I believe this is
inconsistent with long-established council and department practices and those represented
during my own rezoning hearings, which base the allocation on the number of new
additional lots created. As the record clearly shows, prior to rezoning, the subject
property already was divided into two lots. My rezoning and subdivision applications
only seek to create two new additional lots, not four. Mr. Tyler informed Mr_ Lucero of
this inconsistency in his 812 email to him, and I will appreciate your again reviewing this
matter and adjusting your files accordingly.
Condition F: "Homestead Road, if used to provide access to more than one lot, shall be
improved from the point of the subdivision access to Highway 190, meeting with the
requirements of the Department of Public Works, prior to the receipt of final subdivision
approval."
Response: I will comply with this condition. However, it must be noted that one lot has a
pre-existing access to the Homestead Road, and the subdivision plans provide that any
additional lots will take access from the adjacent and former Hawaii Belt Road, also
known as "Old Government Road" on those plans. Therefore, it is not anticipated that the
condition for improvement of the Homestead Road will be triggered by my subdivision.
Condition G: "Install streetlights, signs and markings meeting with the approval of the
Department of Public Works, Traffic Division."
Response: I will comply with this condition as soon as I receive approval from the
Department that the need for agency responses has been satisfied, and it is OK to proceed
with the subdivision plans.
Condition J: "An annual progress report shall be submitted to the Planning Director
prior to the anniversary date of the enactment of the ordinance. The report shall include,
but not be limited to, the status of the development and the extent to which the conditions
of approval are being complied. This condition shall remain in effect until all of the
conditions of approval have been satisfied and the Planning Director acknowledges that
further reports are not required."
Response: I will continue to comply with this condition.
Condition L: "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 applicant(s), its 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 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). 5. If the applicant(s) should require an additional extension of time, the Planning
Director shall submit the applicant(s)' request to the County Council for appropriate
action."
Response: I understand this condition, and being hopeful that prompt resolutiou of the
outstanding conditions described under conditions C and E, both of which have been
unforeseen and out of my control, will be forthcoming shortly, I feel a request for an
extension will not be necessary.
Thank you for your favorable and prompt consideration of this report and my requests. If
you have any questions, or if I may be of further help, please contact me.
Sincerely,
0' 97
Cliffo bumoto
cc: Wes Thomas Associates