HomeMy WebLinkAboutCOM 0206.000 2008-2010
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William P. KenoiBJ Leithead Todd
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Mayor Acting Deputy Planning Director
County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 Fax (808) 961-8742
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February 9, 2009
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Mr. Sidney Fuke, Planning Consultant ~
100 Pauahi Street, Suite 212 •Tr
Hilo, HI 96720
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Dear Mr. Fuke: W
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Change of Zone Ordinance No. 04-103 (REZ 1048)
Applicant: Tom Smith
Subject: 2008 Annual Progress Report and Administrative Time Extension Request
TMK: 7-3-19:28
This is to acknowledge receipt of your letter dated February 3, 2009, containing the 2008
annual progress report in compliance with Condition L of Change of Zone Ordinance
No. 04-103. We appreciate the thoroughness of the report. The submission of this report
satisfies the annual reporting requirement up to this date.
Additionally, you are requesting an administrative time extension to comply with
Condition C (secure Final Subdivision Approval) of Change of Ordinance No. 04-103
(REZ 1048). Condition P allows for an administrative time extension for a period not to
exceed the period originally granted. Therefore, we will grant a 5-year time extension to
September 14, 2014, to comply with Condition C.
If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext 267.
Sincerely,
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BJ LE AD TODD
Acting Deputy Planning Director
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cc/ltr: Hawaii County Council J Comm. No. ;W
Planning Commission Ref. To:
Planning Department -Kona Ref. Date -MAR 18
l iawai'i Cosnry is an Equal Opporhmiry P, ovider aid Employer ikr
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SidneyFuke, Planning Consultant Rl k~ } ~f t
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720
Tel , , c r 1 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
E-mail: sidfuke@hawaiiantel.net t ~f • Environmental Reports
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February 3. 2009
Ms. Bobby Jean Leithead-Todd, Acting Deputy Director n
Planning Department
COUNTY OF HAWAH
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead-Todd:
Subject: Time Extension and Annual Report Requirement
Rezoning Ord. No. 04-103
Applicant - Thomas M. Smith, TMK: 7-3-19:28
Due to an oversight, the subject matter was not submitted prior to its due date of
September 14, 2008, as required by Condition L of Ordinance No. 04-103. I apologize
for this oversight.
To recap, on September 1, 2004, the County Council approved Ordinance No. 04-
103, which became effective on September 14, 2004. The subject rezoning ordinance
allowed the development of seven'/2- acre lots.
The conditions (some of which will be summarized) of Ordinance No. 04-103 and
responses (in italics) thereto follow:
A. The applicant(s), its successors or assigns shall be responsible for complying
with all of the stated conditions of approval.
Please be informed that the subject property is still owned by a newly created
partnership of which the then applicant is part of. This partnership has and
intends to complete the development of this project. As such, it will be
responsible for complying with all conditions of approval.
B. The applicant(s), its 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 Rural District
Please be informed that the subject property is still owned by a partnership
consisting of then applicant, who intends to develop the property. As such, it
will be responsible for complying with all conditions of approval.
SCANNED
1 f} " IR
Ms. Bobby Jean Leithead-Todd, Acting Director
February 3, 2009
Page 2
C. Final Subdivision Approval of the subject property shall be secured within
five (5) years from the effective date of this ordinance.
Tentative subdivision approval has been issued and the final plat maps were
submitted on July 2, 2007. Construction plans were approved, and
construction pursuant to the approved plans has commenced. However,
because of the credit and financing crisis and resultant dramatic downturn in
the economy, the applicant has been compelled to temporarily cease its
construction activity. The applicant hopes to resume work later this year and
complete the project over the next two years.
Accordingly, the applicant respectfully requests the maximum 5 -year time
extension to secure final subdivision approval. While the applicant hopes to
complete the project within the next two years, the full extension is being
requested to accommodate unforeseen circumstances.
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 an ohana dwelling or 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. 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 draft of the required restrictions has or will be submitted to your office
shortly in conjunction with the subdivision approval process.
E. Access to the property shall be through the Hualalai Vistas Subdivision to
the north. The applicant shall extend a County dedicable subdivision road
and associated utilities from the southern boundary of the Hualalai Vistas
Subdivision to the Homestead Road on the southern boundary of the subject
property prior to or in conjunction with final subdivision approval. The
intersection of the Homestead Road and the proposed interior subdivision
road shall be improved meeting with the approval of the Department of
Public Works. The subdivision road shall be dedicated to the County upon
I
Ms. Bobby Jean Leithead-Todd, Acting Director
February 3, 2009
Page 3
request. There shall be no access on the Homestead Road for construction
vehicles for the subdivision improvements.
Access will be through the Hualalai Vista Subdivision which is currently
being developed As such, the Homestead Road will not and has been used
for any of construction activity relating to this project.
F. Within 30 days of the effective date of this ordinance, the applicant shall
submit a Grant of Easement document to the County of Hawaii, through its
Planning Department, the right in the nature of a 50-foot wide perpetual
easement for ingress, egress, access and right-of-way purposes, over and
across the subject property between the Hualalai Vistas Subdivision and the
Homestead Road.
The easement has been granted.
G. If the Hualalai Vistas Subdivision precedes the development of the subject
property, within 60 days of a request by the County Planning Director, the
landowner of the subject property shall submit a subdivision application
which would enable the landowner to convey, at no cost, that area covered
by the Grant of Easement to the County of Hawaii. Documents conveying
this easement in fee to the County shall be filed with the Planning Director
within 30 days of issuance of final subdivision approval creating this road
lot. This is to enable the Hualalai Vistas Subdivision to construct a
subdivision access road to the Homestead Road as required by Ordinance
03-1.
Both subdivisions have been under construction, and access to the
applicant's subdivision will be through the Hualalai Vistas Subdivision.
H. If access cannot be obtained from Hualalai Vistas Subdivision because of
non-development of that subdivision, the Homestead Road shall be widened
and improved along the entire subject property frontage and east to
Mamalahoa Highway (Highway 190) to County-dedicable standards,
meeting with the requirements of the Subdivision Code and the Department
of Public Works. The intersection of the Homestead Road shall be
improved meeting with the requirements of the Department of
Transportation, prior to final subdivision approval.
As noted earlier, both subdivisions are being developed concurrently,
hence making this condition moot.
I
Ms. Bobby Jean Leithead-Todd, Acting Director
February 3, 2009
Page 4
1. Install streetlights, signs and markings meeting with the approval of the
Department of Public Works, Traffic Division.
Applicant will install these prior to issuance of final subdivision
approval.
J. A Burial Treatment Plan shall be submitted for review and approval of the
Planning Director prior to submitting plans for subdivision review or prior to
issuance of any land alteration permits, in consultation with the Department
of Land and Natural Resources-Historic Preservation Division (DL-D).
Proposed mitigation treatment for the burial site(s) within the subject area
shall be approved by the Historic Preservation Division's Hawaii Island
Burial Council before detailed mitigation plans are finalized for the site(s).
A copy of the approved plan shall be submitted to the Planning Department
for its files.
This has been completed and filed with your office.
K. 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)-BPD) 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.
None have been found, and Applicant will comply with the DLNR
requirements in the event historic remains or burials are found
L. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
Applicant will comply.
M. The applicant shall pay it fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the lot counts are adjusted. The fair
share contribution shall become due and payable prior to receipt of Final
Plan Approval or within five (5) years from the effective date of this change
Ms. Bobby Jean Leithead-Todd, Acting Director
February 3, 2009
Page 5
of zone ordinance, whichever occurs first. The fair share contribution for
each lot shall be based on a maximum density for each lot as determined by
the zoning resulting from this change of zone. The fair share contribution a
form of cash, land, facilities or any combination thereof shall be determined
by the County Council. The fair share contribution may be adjusted annually
beginning three years after the effective date of this ordinance, based on the
percentage change the Honolulu Consumer Price Index (RCPT). The fair
share contribution shall have a maximum combined value of $9,671.44 per
single family residential unit. Based upon the applicant's representation of
intent to develop a total of seven (7) single-family residential units, the
indicated total of fair share contribution is $67,700.08 for the single-family
residential units. However, the total amount shall be increased or reduced
proportion with the actual number of units according to the calculation and
payment provisions set forth in this Condition K. The cost of providing
and/or constructing the improvements within the Homestead Road right-of-
way shall be credited against the sum specified herein for road and traffic
improvements.
Applicant will comply and will be settled prior to issuance of final
subdivision approval.
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.
0. Should the council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions of the assessment of impact fees, conditions include
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
This is not applicable, as the County has not adopted such an ordinance.
R With the exception of condition E, an initial extension of time for the
performance of conditions within the ordinance may be granted by the
Planning Director....
Ms. Bobby Jean Leithead-Todd, Acting Director
February 3, 2009
Page 6
Last year, the applicant believed that it could complete the project without the
extension. However, as noted earlier, because of the global economic crisis, the
applicant is requesting an additional S years to complete it.
We trust 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.
Siinnc~e\relly,,\,~
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SIDNEY M. FUKE
Planning Consultant
Copy - Mr. Thomas Smith
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