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Home My WebLink AboutCOM 0182.000 2006-2008 ~r ~ ~ x , 1 ~ .V-. A ~ i r1~ 1....,,i flt ~y$S~ pia . I~ ~ I ~ I'nI° i~ ~ ~ .:L l.i 1 /~p~"JF ~ ffn e s ~ , ` 6n ac~~ L~~nnuw.C ~~„a A`~SL,k. ti,F<,zf1~ R_I~ f- n Ueyuty l3dre[tor' ~I,~~aa~a~. ~a~~~~u _ - _ - I~I.ANNIN~ DLE)PAIY7'MFNT IOfl 1'auahi Street, Suite . m Hilq Ha~~au 96720-4224 (808) 961-3288 ~ 6±HX (808) 961-8742 December 10, 2007 pN O Mr. Joe Vierra $ p Belt Collins Hawaii LTD. CO ~ ~i 2153 North King Street, Suite 200 ~ C N Honolulu, HI 96819-4554 Y.~ iil-, Dear Mr. Vierra: Zir-rP 3 f73 `x us G Change of Zone Ordinance No. 06 27 (REZ OS-000017) c ~ d cn Applicant: The Newton Family Limited Partnership Request: i3nzoned to A-80a Subject: 2007 Annual Progress Report Tax Map Key: 2-4-8: por. 33 This is to acknowledge receipt of your letter dated December 27, 2007, containing an annual report in compliance with Condition N of Change of Zone Ordinance No. 06 27 (REZ OS-000017). Thank you for complying with these requirements. The next annual report will be due on or before February 24, 2009. If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext. 259. Sincerely C ISTOPHE . YiIEN Pl 'n Direc~ annl g or JWD:smn P:\public\wpwin60Ueff\Letters\Annual Reports\LVieaa-APR2007-REZOS-017.doc cc w/ltr: "Hawaii County Council Planning Department-Kona Comm. No. ~ $ Z Ref. To: ~ 3ef. Date UEC 1 ~ 200 Yuan=cti `i. Coua~~p re c~~e F'ra~o6 Ein~ e~rs'?,nrt~• /''7nrr`r~r uad Futptoper ~~II~C f7ecemf~cr 27, 2007 it= ~ (?33-3701 - 07A-339 _ Mr. Christopher J. Yuen Planning Director County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 t, Hito, Hawaii 95720-4252 Dear Mr. Yuen: Annual Report for Ordinance Number 06-27 Effective Date February 24, 2006 TMK 2-4-008:033 Portion The Newton Family Limited Partnership This letter constitutes the 2008 Annual Report of the Newton Family Limited Partnership (Newton) as required in Ordinance 06-27. The effective date of the Ordinance is February 24, 2006. Under Ordinance 06-27, 885.40 acres of Newton land were rezoned from Unzoned to Agricultural (A-80a). The conditions of 06-27 are listed below with the Guam Hong Kong Newton responses below in bold italics. PnillPpinas Seattle A. The applicants, its successors or assigns shall be responsible for complying Gingag°r° with all of the stated conditions of approval. Thailand Newton acknowledges the requirement to comply with the conditions of Ordinance 06-27. B. The applicants, successors or assigns shall be responsible for complying with alt conditions of approval under Docket.No. A99-729. Newton acknowledges the requirement to comply with conditions of the State Land Use Commission approval of Dockef No. A99-729. C. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. Newton acknowledges the requirement to comply with the requirements of HRS 205 regarding permitted uses in a State Agricultural District. Belt Collins Hawaii Ltd. 2153 North King Street, Suife 200 ®Honolulu, Hawaii 96819-455A USA ,1 ~ L. T1808 621 5381 a 1=/BOA 538 7G19 m honolulu(ca_ beltcollms.com a wv~w.beltcollins ron-~ c.ou c,.nm~ I„w~~~ E~~„i n~„~~~i~~~a„ r-m°i°„e, t-1-~ri~t~~h~r~€ ~'~erE P~ome~,t~er Vii, 20[~f e O'bFi-339 F'~;gc l D. The required water commitment payment for seven (7) water commitments shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. The applicant shall construct improvements and additions, including storage, transmission waterlines, booster pumps, and distribution facilities as required by the Department of Water Supply for any additional water commitments. Newton submitted the required water payment fo the Department of Water Supply within the required 90 days. Prior to accepting the payment, Water Supply has asked Newton to submit a sketch plan for the proposed water system to serve the proposed subdivision. After clarification meetings with Water Supply, Newton is awaiting Water Supply's direction relative to moving water plan sketches to time of subdivision application. Newton will meet with Water Supply in 2008, if Water Supply directions have not been communicafed by that time. E. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code, within five (5) years from the effective date of this ordinance. Newton acknowledges that final subdivision approval of the proposed subdivision is required by February 23, 2011, which is within 5 years of February 24, 2006. F. Access to the property shall be provided, meeting with the approval of the Department of Public Works. Newton acknowledges the requirement for access. Said access, meeting the requirements of the Department of Pubiic VVorks,~will be submitted at the time of subdivision application. G. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Newton acknowledges the street light and traffic control as may be required by Public Works. Said required devices, meeting the requirements of the Department of Public Works, will be submitted at the time of subdivision application. H. Restrictive covenants in the deeds of all the proposed tots within the project area 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 iNr. Christopher @. Yuen ~1C'CG-n"IbE:Y 7(, 1007 - 07A-339 ease the County Council. 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. a Newton acknowledges the requirement for restrictive covenants prohibiting second dwellings and condominium property regimes. I. A drainage study of the project area, if required, shall be prepared for review and approval by the Department of Public Works. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. Newton acknowledges the potential requirement for a drainage study and drainage improvements. Required studies will be provided in accordance with Department of Public Works requirements and will be submitted at the time of subdivision application. J. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. Newton acknowledges the requirement to dispose on site of all runoff generated by the subdivision. K. To protect the kipuka in the area, the applicant shall leave intact large stands of native forest trees and clusters of native vegetation. Newton acknowledges the requirement to protect the kipuka•on the- site. 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. Newton acknowledges the requirement to stop work and report any historic sites or human burials that may be encountered during construction of subdivision improvements. It/r. Gl7ristopher J. ti`uen C~c ci<,mber 27, ?_Q07 - 07Aa339 Page 4 M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance. Newton acknowledges that Impact Fees may, in the future, be substituted for some of the conditions in 06-27. 4 N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of 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 satisfied. 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. Newton acknowledges that annual progress reports are required and this letter constitutes the report for 2007. O. Comply with all applicable County, State and Federal laws, rules, requirements and regulations. Newfon acknowledges the requirement to comply with County, State and Federal rules, requirements and regulations. P. An initial extension of time for the pertormance of conditions within the ordinance may be granted by the Planning Director. Newton acknowledges that, in some circumstances, time extensions maybe granted for performance of the conditions of Ordinance 06-27. If you have any questions or require additional information on the responses, please contact me at 1 (808) 521-5361 in Honolulu. Sincerely yours, BELT COLLINS HAWAII LTD. J,~ e Vierra JRB:gk cc: George Newton John Michael White Office of Planning, State of Hawaii