HomeMy WebLinkAboutCOM 0191.000 2008-2010
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William P. Kenoi BI Leithead Todd
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Mayor Planning Director
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County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 0
Phone (808) 961-8288 Fax (808) 961-8742 i ca
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March 4, 2009
Mr. Sidney Fuke, Planning Consultant
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100 Pauahi Street Suite 212 o
Hilo, HI 96720
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Dear Mr. Fuke:
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Change of Zone Ordinance No. 06 29 (REZ 05-018)
Applicant: Kulana Kea, LLC
Rezoning from A-20a & RS-15 to FA-5a
Subject: 2008 Annual Progress Report
TMK: 2-6-32: 04 & 05
This is to acknowledge receipt of your annual progress report dated January 27, 2009 in
compliance with Condition N of Change of Zone Ordinance No. 06-29. The effective
date of Change of Zone Ordinance No. 06-29 is February 24, 2006. Thank you for the
thoroughness of the report.
We acknowledge the request for the deferral of the requirement to submit the water
commitment to the Department of Water Supply (Condition B) based on the reasons
stated in your letter and the allowance under Condition O. Please keep us informed of
your progress with the water improvements and the water commitments for the project.
The next annual progress report is due on or before February 24, 2010. If there are any
questions or clarification needed on the topics discussed, please contact Earl Lucero of
my staff at 961-8288, ext 262.
Sincerely,
9
BJ LEITHEAD TODD
Planning Director
EML/JWD:SMN
P:\wpwin60\EARL\Letters\LREZ05-001 SKulanaKea(2).doc Q
cc w/copy of report: Hawaii County Council J Comm, No.
Planning Commission Ref. To:
Ref. Date MAR 10 2009
Ha,voi'i County is m, Equal Opporurnily Provider and Employer
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SidneyFuke, Pia..6 Consultant
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100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 {rt r -f t- s! r Ri~nning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 `Subdivision • Land Use Permits
E-mail: sidfuke@hawaiiantel.net • Environmental Reports
t'~ " 'el 27, 2009 •IF,[1 ~ I , t1 1: 51
Mr. Daryn Arai, Acting Director
- PlanningDeartm`enti--
COUNTY OF HAWAII
101 Pauahi Street
Hilo, 11196720
Dear Mr. Arai:
Subject: Annual Report Requirement - Ord. No. 06-29
Applicant - Kulana Kea, LLC, TMK: 2-6-32: 04 & 05
On February 24, 2006, the subject ordinance became effective. The rezoning
ordinance allowed the subdivision of the subject area into five (5) 5+ acre sized lots.
Condition N of the subject ordinance required the submittal of an annual report.
As the applicant could not immediately develop the property, no attention was paid to the
conditions of the zone change. However, the applicant is now ready and, after reviewing
the ordinance and its conditions, realized that the annual report requirement was
outstanding. The applicant recently contacted this office to prepare and submit this
report. Accordingly, on behalf of the landowner, we respectfully request your acceptance
of this letter report, albeit delinquent, as being in compliance with this requirement for
the past two years.
The conditions (some of which will be summarized) of Ordinance No. 06-29 and w
responses (in italics) thereto follow:
(A) The applicant, successors or assigns shall be responsible for complying with all
stated conditions of approval.
Please be informed that the subject property is still owned by the then applicant,
who intends to develop the property. As such, it will be responsible for complying
with all conditions of approval.
(B) The required water commitment shall be submitted to the Department of Water
Supply within ninety days of the rezoning ordinance.
The commitment could not be secured at this time because of the need for some
planned off-site water improvements that the applicant is now working with the
property (William Plant Mason) situated north of the subject area water system.
Construction plans for that system have already been approved, and a cost share
agreement between the applicant and Mr. Plant Mason is currently bein
SCANNED I
By:
Mr. Daryn Arai, Acting Director
January 27, 2009
Page 2
finalized. Once the improvements are in, which are anticipated to be completed
within the next 12 months, the commitment can be issued. Accordingly, we
respecftilly request deferral of this requirement until February 1, 2010, and that
a determination be made that the applicant has still been substantially in
compliance with the conditions and as such, there be no initiation to rezone the
subject property. This deferral would be pursuant to Condition O.
(C) The applicant shall comply with the construction and improvement requirements
of the Department of Water Supply.
As noted above, the applicant is working with the Plant Mason on the required
water system, which when completed will full this condition.
(D) Final subdivision approval shall be secured within five (5) years from the
effective date of this ordinance.
The application was filed October 8, 2008, and it was acknawledged for receipt
by your office in a letter dated November 21, 2008. The applicant is still waiting
for tentative approval and feels comfortable that it will be able to secure final
subdivision approval before February 2011. If not, it will seek a time extension
from your office.
(E) The preliminary subdivision map shall show the location of all allowed driveway
accesses on Kulana Kea Drive.
Please note there are no existing driveways fronting Kulana Kea Drive.
Nonetheless, the engineer will provide a statement attesting to the sight distance
for all proposed driveways in conjunction with the subdivision approval process.
(F) All structures shall comply with the height limit for single family residential zone.
This will be complied with and made apart of the respective lots' deed
restriction.
(G) Restrictive covenants in the deed shall give notice of the prohibition of a second
dwelling or condominium property regime.
As required, this will be provided to the Planning Department as part of the
subdivision approval process and subsequently duly recorded.
i
Mr. Daryn Arai, Acting Director
January 27, 2009
Page 3
(H) . Restrictive covenants regarding the need to confer with the owners of TMK: 2-6-
32: 13, 14, and 20 prior to submittal of plans for a building permit shall be
included in the deeds of one of the lots.
This will be done and submitted to the Planning Department in conjunction with
the subdivision approval process.
(I) Drainage easements shall be established so as to direct water in a northerly
directly away from Kulana Kea Road.
This will be done and incorporated on the final plat maps and prior to issuance of
final subdivision approval.
(J) All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
This will be taken care of during the subdivision review process, which includes
the designation of the required drainage easements. Any and all required
drainage system will be installed prior to issuance offinal subdivision approval. .
(K) The method of sewage disposal shall meet with the requirements of the
Department of Health.
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This will be done by the respective property owners during the building permit 1 i
process. Tentatively, the system will be a septic one.
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(L) Should any remains of historic sites be found, work shall cease and contact with
the State Historic Preservation Division will be made.
Should this unlikely situation occur during the construction phase of this
subdivision, the applicant will comply.
(M) The applicant shall comply with all applicable County, State, and Federal laws,
rules, regulations and requirements.
This is on going and will be complied with during the permitting and construction
phases of this project.
Mr. Daryn Arai, Acting Director
January 27, 2009
Page 4
(N) An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The annual report shall include,
but not be limited to, the status of the development and to what extent the
conditions of approval are being complied with. 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.
This report, albeit delinquent, is being submitted in compliance with this
requirement. The next report will be filed prior to February 24, 2010.
(O) An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director.... 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.
As noted earlier, the applicant is requesting an extension of the submittal of the
annual report as well as the payment of the water commitment. While payment of
the water commitment has already passed, as explained earlier, the applicant has
taken reasonable steps to address this matter. We trust that you can determine
that the applicant has made a good faith effort in complying with the various
conditions of approval and, as such, find no need for any zoning initiation
We believe that the aforementioned adequately addresses the annual report
requirement. If not or if there is a need for clarification or more information, please feel
free to contact me. Thank you very much.
iM. Planning Consultant
Copy - Kulana Kea, LLLC