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HomeMy WebLinkAboutCOM 0343.001 1998-2000 Mir or„ Virginia Goldstein ~°~~~,-,r-~-~. Director Stephen K. Yamashiro Mayer Russell Kokubun Depun~ Direc'mr r ;+,i,~ ~CLIIliIIf~1 II~ ~tifl2tiit October 11, 2000 PLANNING DEPARTMENT 25 Aupuni Stree4 Room 109 • Hilo. }laweu 967204252 (808) 961-8286 • Fax (808) 961-8742 Steven S.C. Lim, Esq. Cazlsmith Ball P.O. Box 686 Hilo, Hawaii 96721-0686 Deaz Mr. Lim: Change of Zone Ordinance No. 97-79 (REZ 858) Applicant: Kamehameha Investment Corporation Unplanned M to Village Commercial (CV-7.5) TMK: 7-8-10: 94 (former y Pazce12): Kahalu'u. North Kona. Hawaii Thank you for your letter dated August 31, 2000, containing an annual progress report for the proposed development as required by Condition N of the above-described ordinance. Please note that the azea affected by the ordinance is identified as Pazce194. Future correspondences regazding this ordinance shall reflect the correct tax map key number. Copies of your report will be transmitted to the County Council and the Planning Commission for their information. We look forwazd to the submittal of your next annual progress report on or before June 9, 2001. In the meantime, please feel free to contact Daryn Arai of our Kona office should you have any questions. Sincerely, ~VIRGIhIIA GOLDSTEIN Planning Director _ DSA:rld - LREZ858-Annual Progress Rpt2000.doc xc w/ltr:County Council - Planning Commission West Hawaii Office 2 Comm. No.~~.7 • F1le No. Z Ref. Tol Ref. Date ~ 2 4 1000 CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686, HILO, HAWAII 96721-0666 TELEPHONE (808) 935~ggA SCI g pig 2 31 DIRECT DIAL NO. FAX (B08) 935-797 EFERENCE NO. (808) 935-8844 p~ANNINO C ~ NAVJ~AII~~ 037758-7 WWW.CARLSMITH.COM COUNfY C. August 31, 2000 Virginia Goldstein Planning Director Planning Deparhnent County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: 2000 Annual Report -Ordinance No. 97-79 Change of Zone Application (REZ 89-13) Applicant: Kamehameha Investment Corporation Request: Unplanned (U) to Village Commercial (CV-7.5) Tax Map Kev: 7-8-10:portion of 2 (formerly nortion of 41 (Area 31A1 Deaz Ms. Goldstein: Effective June 9, 1997, Ordinance No. 97-79 rezoned from an Unplanned (U) to a Village Commercial (CV-7.5) designation approximately 10.375 acres of land situate at Kahaluu, North Kona, and more particularly identified as tax map key pazce17-8-10:portion of 2 (formerly portion of 4). Pursuant to Condition N of Ordinance No. 97-79, applicant Kamehameha Investment Corporation (hereinafter "Applicant") submits its 2000 annual report for the subject project, outlining its compliance with the substantive conditions of rezoning approval and listing in order the governmental "Requirement" and Applicant's "Response" to the same. Requirement: (A) the applicant, successors, or assigns shall comply with all of the stated conditions of approval; Response: Applicant will comply with the foregoing condition. 2013333.1.037756-7 ~'~Cf4ilj,/ j HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY HAND DELIVERED Virginia Goldstein Planning Director August 31, 2000 Page 2 Reauirement: (B) an SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within one year from the effective date of the change of zone; Response: In its letter dated August 22, 2000, the Hawaii County Planning Commission recommended approval of Applicant's request for afive- year time extension until June 8, 2001, in which to comply with Condition B, as follows in Ramsayer format: "(B) an SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within [one yeaz] five vears from the effective date of the [change of zone] this amendment;" See, Exhibit A attached hereto. The matter is cuaently before the Hawaii County Council for hearing and approval. Requirement: (C) the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 90 days of the effective date of the change of zone ordinance; Response: On September 29, 1997, the Department of Water Supply confirmed that Applicant's transfer of three of its 1,479-unit water commitments to the subject project area would satisfy the foregoing condition. See, Exhibit A attached to Applicant's first annual report dated September 14, 1998. Requirement: (D) construction of the commercial office building shall be completed within five years from the effective date of this change of zone ordinance, which shall include securing Final Plan Approval for the proposed commercial office building from the Planning Director. Plans shall identify structures, fire protection measures, landscaping and 2013333.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director August 31, 2000 Page 3 maintenance plan, paved pazking stalls and driveway and other improvements associated with the proposed uses; Response: In its letter dated August 22, 2000, the Hawaii County Planning Commission also recommended a time extension in which Applicant needs to comply with Condition D, as follows in Ramsayer format: "(D) construction of the commercial office building shall be completed with five years from the effective date of [this change of zone ordinance] the SMA Use Permit, which shall include securing Final Plan Approval for the proposed commercial office building from the Planning Director. Plans shall identify structures, fire protection measures, landscaping and maintenance plan, paved pazking stalls and driveway and other improvements associated with the proposed uses;" See, Exhibit A attached hereto. The matter is currently before the Hawaii County Council for hearing and approval. Requirement: (E) access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall design and construct the interior driveway and circulation improvements to interconnect with the existing adjoining commercial properties south of the subject property, meeting with the approval of the Department of Public Works. The applicant shall establish and record deed covenants for the subject property and the adjoining properties owned by the applicant which covenants shall assure that the interconnected driveway and circulation improvements are maintained and kept open during the regular business hours of the interconnected properties. All roadway improvements shall be constructed meeting with the approval of the Department of Public Works prior to the establishment of any new use or the issuance of a certificate of occupancy for any portion of the proposed development within the subject property; Response: Applicant will comply with the foregoing condition. 2013333.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director August 31, 2000 Page 4 Requirement: (F) curbs, gutters and sidewalks shall be constructed along the frontage of the subject property on Kamehameha III Road 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 within the subject property; Response: Applicant will comply with the foregoing condition. Requirement: (G) a drainage system shall be installed meeting with the approval of the Department of Public Works; Response: Applicant will comply with the foregoing condition. Requirement: (H} the applicant shalt prepaze a Solid Waste Management Plan prior to securing Final Plan Approval for the proposed development within the subject property meeting with the approval of the Department of Public Works; Response: Applicant will coordinate with the Department of Public Works regarding a Solid Waste Management Plan for the proposed development. Requirement: (I) the applicant shall connect to its existing sewage treatment plant neaz Heeia Bay meeting with the requirements of the appropriate agency; Response: Applicant will comply with the foregoing condition. Requirement: (J) two copies of an azchaeological data recovery plan shall be submitted for review and approval to the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division prior to submitting plans for plan approval. Appropriate 2013333.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director August 31, 2000 Page 5 mitigation measures shall be implemented prior to land alterations of the subject property; Response: Applicant will coordinate with the County Planning Department and State Historic Preservation Division regarding an azchaeological data recovery plan and related mitigation measures for the subject property. Requirement: (K) should any unidentified sites or remains such as artifacts, shell, bone, or chazcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate azea 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 azchaeological cleazance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken; Response: Applicant will comply with the foregoing condition. Requirement: (L) comply with all other applicable laws, rules, regulations and requirements; Response: Applicant will comply with all applicable laws, rules, regulations and requirements. Requirement: (M) 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 shall be credited towazds the requirements for the Unified Impact Fees Ordinance; Response: Applicant acknowledges and accepts the foregoing condition. 2013333.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director August 31, 2000 Page 6 Requirement: (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. 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 aclrnowledges that further reports aze not required; Response: Applicant submits herein its third annual progress report. Requirement: (O) an extension of time for the performance of conditions within the ordinance maybe 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 aze beyond the control of the applicants, successors or assigns, and that aze 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 permit; 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 yeaz may be extended for up to one additional year); and Response: Applicant will comply with the foregoing conditions for time extensions. 2013333.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director August 31, 2000 Page 7 Requirement: (P) Further, should any of the conditions not be met or substantially complied with in a timely fashion, the director shall initiate rezoning of the subject property to its original or more appropriate designation. Response: Applicant acknowledges and accepts the foregoing condition. Thank you for the opportunity to present this annual report on behalf of applicant Kamehameha Investment Corporation. Please feel free to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Very truly yours, CARLSMITH BALL STEVEN S.C LI SSL:JEC/Attachment fc: Louis Kau Joseph Spencer John Rocha 2013333.1.037756-7 y1V OI, d/+. Stephen IG Yamaehilo • (1~nuuf~r n~ ~ttfutzti PLANNING COMMISSION 25 Aoponi Stneel, Room 109 • 11n4 }iawan %720.4252 (806) %1-82$8 • Pu (808) %IA615 CERTIFIED MAIL 7099 3220 0000 4869 5776 !AU6 2 2 ?.000 Steven S. C. Lim, Esq. `1REC1=IVED /,UG 2 3 2G~0 121 Waianuenue Avenue Hilo, HI 96720 Deaz Mr. Lim: Change of Zone Ordinance No. 97 79 (REZ 858) Applicant: Kamehameha Investment Corporation (formerly Kamehameha SchoolBishop Estate) Request: Extension of Tune to Condition B (Submit SMA Use Permit Application) Tax Man Key: 7-8-]0:94 (formerly 7-8-10:nortion of 21 The Planning Commission at its duly held public heazing on August 4, 2000, reviewed and acted on the above-referenced request for the subject property. The Commission voted to recommend the approval of the request to the County Council with amended conditions as follows (material to be deleted is bracketed and material to be added is underscored): (A) the applicant, successors or assigns shall comply witl? all of the stated conditions of approval; (B) an SMA Use Permit application for the proposed development within the subject property shall be submitted to the Planning Department within [one year] fiYg years from the effective date of [the change of zone] this amendment; (C) the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 90 days of the effective date of the change of zone ordinance; (D) construction of the commercial office building shall be completed within five years from the effective date of [this change of zone ordinance] the SMA Use Pslmit, which shall include securing Final Plan Approval for the proposed commercial office building from the Planning Dtrector. Plans shall identify EXHIBIT A Steven S.C. Lim, Esq. Page 2 structures, fire protection measures, landscaping and maintenance plan, paved parking stalls and driveway and other improvements associated witlt the proposed uses; (E) access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall design and construct the interior driveway and circulation improvements to interconnect with the existing adjoining commercial properties south of the subject property, meeting with the approval of the Department of Public Works. The applicant shall establish and record deed covenants for the subject property and the adjoining properties owned by the applicant which covenants shall assure that the interconnected driveway and circulation improvements aze maintained and kept open during the regulaz business hours of the interconnected properties. All roadway improvements shall be constructed meeting with the approval of the Department of Public Works prior to the establishment of any new use or the issuance of a certificate of occupancy for any portion of the proposed development within the subject property; (F) curbs, gutters and sidewalk shall be constructed along the frontage of the subject property on Kamehameha III Road 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 within the subject property; (G) a drainage system shall be installed meeting with the approval of the Department of Public Works; (H) the applicant shall prepare a Solid Waste Management Plan prior to securing Final Plan Approval for the proposed development within the subject property meeting with the approval of the Department of Public Works; (I) the applicant shall connect to it existing sewage treatment plant neaz Heeia Bay meeting with the requirements of the appropriate agency; (J) two copies of an archaeological data recovery plan shall be submitted for review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division prior to submitting plans for plan approval. Appropriate mitigation measures shall be implemented prior to land alterations of the subject property; (K) should any unidentified sites or remains such as artifacts, shell, bone, or chazcoal deposits, human burials, rock or coral alignments, pavings or walls be Steven S.C. Lim, Esq. Page 3 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 azchaeological cleazance from the DLNR-HPD when it fmds that sufficient mitigative measures have been taken; (L) comply with all other applicable laws, rules, regulations and requirements; (M) 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance; (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. 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 Ute conditions of approval have been complied with and the Planning Director acknowledges that further reports aze not required; (O) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circtmtstances: 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 permit; 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); and (P) Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the subject property to its original or more appropriate designation. Steven S.C. Lim, Esq. Page 4 This recommendation does not, however, sanction the specif is plans submitted with We application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions regarding the above, please contact Daryn Arai of the Planning Department West Hawaii Office at 327-3510 or Alice Kawaha of the Planning Department Hilo Office at 961-8288. Si/n~cerely~, ~ Richard B. Baker,Jr., Chai Planning Commission LtcicREZassatrc cc: Department of Public Works Department of Water Supply West Hawaii Office Department of Land and Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu