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HomeMy WebLinkAboutCOM 0917.000 2010-2012 Mv, :;4 BJ Leithead Todd William P.Kenoi �P�yV ' Mayor p( d Director �_-• Margaret K.Masunaga 4•:4 _' ,f ��. , Deputy •• 7TE Gf•N�,'i� West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy . . 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 27, 2012 Mr. Bill "Butchie" Brilhante Butchie I, LLC 1342 Kilauea Avenue Hilo, HI 96720 Dear Mr. Brilhante: Change of Zone Ordinance No. 03-83 (REZ 1012) t~ Annual Progress Report Dated June 1, 2012 Applicant: Butchie I, LLC TMK: 2-2-024:012, Waiakea Houselots, South Hilo, Hawai`i Thank you for submitting the above-referenced annual progress report for a new office/commercial building development project as required by Condition L of Ordinance No. 03-83. The report is accepted for the 2012 reporting year. For their information, a copy of your report will be provided to the Hawai`i County Council and the Windward Planning Commission. The remainder of this letter will discuss comments on the following performance conditions. Two conditions or Ordinance No. 03-83 have been satisfied (Conditions B &E regarding water and solid waste,respectively); and two conditions remain in partial compliance(Conditions D & I regarding completion of construction and drainage improvements,respectively). Satisfied: Condition B-Water Usage Calculations & Water Commitment Deposit. The requirements of this condition have been fulfilled, according to County Department of Water Supply(DWS) Memorandum (November 13, 2003) and DWS Letter(November 21, 2003). Satisfied: Condition E—Solid Waste Management Plan. According to County Department of Environmental Management Letter(May 18, 2011), the management plan requirement has been performed; and, therefore, this condition is fulfilled. Comm. No. q 1 7 Ref. To: Ref. Date NOV 2 9 ZO1Z C om?) €s on Equal!)p rrwoffiity ProVider Mid E nploy; . Mr. Bill"Butchie" Brilhante Page 2 November 27, 2012 Partial Compliance: Condition D—Final Plan Approval (April 23,2012 & September 17, 2007). With the issuance of final plan approval for the proposed commercial development plans, Condition D is partially satisfied. However, satisfaction of this condition will be realized upon completion of construction of the proposed commercial development by June 5, 2013. Please note: Condition D also requires landscaping to mitigate any potential adverse noise or visual impact to adjacent properties consistent with Planning Department Rule No. 17, and which stipulates that a continuous landscape buffer shall be provided along the property's entire (mauka-rear) west property line. Partial Compliance: Condition I—Drainage Plan Requirement—Pending Final Approval. County Department of Public Works (DPW) Memorandum (April 16, 2012) determined a qualified acceptance, only, for the submitted Drainage Plan(March 27, 2012). DPW explained the plan only satisfied the county's floodplain management standards for the project's design stage. The project's final construction plans are in development,however, and the pending construction plans will need to satisfy the same floodplain management standards of Hawai`i County Code Chapter 27. Condition M: Initial Administrative Time Extension granted until June 5, 2013 to complete construction of the proposed commercial development. My previous letter to you dated August 14, 2008, approved a one-time only, five-year administrative time extension until June 5, 2013, to complete construction. With approximately seven months left, we are concerned about the time remaining when construction has yet to commence. Please be aware that a time extension to complete construction beyond June 5, 2013 will require action by the Hawai`i County Council. Should you have questions regarding the above, please contact Earl Lucero of this depal tment at 961-8160. Thank you again for the effort made in fulfilling the rezoning performance conditions of REZ 1012. Sincerely, LEITHEAD TODD Planning Director cc: Hawai`i County Council Windward Planning Commission P:!wpwin6U\EARL\Lett ers',LREZ 10 I 2APR2012Bti Ihante.doc r y • �t:xi BUTCHIE I, LLC 1342 Kilauea Avenue Hilo HI 96720 (808) 935-1121 Ms. Bobbie-Jean Leithead-Todd June 1, 2012 Planning Director Planning Department County of Hawaii 101 Pauahi St, Suite 3 Hilo HI 96720 Re: Change of Zone Application (REZ 1012) Applicant: BUTCHIE I, LLC Request: RS-10 to CG-20 Tax Map Key: 3/2-2-24:12 ANNUAL PROGRESS REPORT Dear Ms. Leithhead-Todd: We hereby submit our progress report for this project. Section 2.A. The applicant intends to comply with all of the stated conditions of approval. Section 2.B. The performance requirements of Condition B are completed. Section 2.C. Applicant intends to have a backflow preventer installed during construction of the project. Section 2.D. Applicant intends to comply in commencing with the construction within the time frame specified in the granted time extension. Plans to include identifying proposed structures, fire protection measures,paved driveway accesses and parking stalls and any other improvements associated with this project including landscaping. Section 2.E. Applicant has received approval of the Solid Waste Management Plan by the Department of Environmental Management. The property is continuously maintained to comply with the Dept of Public Works concerns of keeping debris and green waste disposal to a minimum. firO 78.95 '� C Section 2F. Applicant intends to delineate a 10-foot future road widening strip along Kilauea Avenue in the plans and understands no structural improvements shall be allowed within this road widening strip. Applicable setbacks will be taken from the 10- foot future road widening strip line. Section 2.G. Applicant intends to comply to have driveway connections to Kilauea Avenue conform to Chapter 22 of the Hawaii County Code. Section 2.H. The applicant intends to connect to the County sewer lateral within Kilauea Avenue. Section 2.I. The applicant intends to comply in keeping generated runoff disposed of on site and will not direct runoff toward any adjacent properties. Applicant will have a drainage study prepared and submitted for review by the Dept. of Public Works. Section 2.J. The applicant intends to comply with all applicable rules, regulations and requirements of affected agencies. Section 2.K. The applicant intends to meet it's obligations for the requirements of the Unified Impact Fees Ordinance. Section 2.L. The applicant intends to comply in submitting detailed annual progress reports prior to the anniversary date of the enactment of the ordinance. Section 2.M. The applicant is making every attempt to keep within the timeframe and guidelines of the ordinance. We are earnestly proceeding with the project's development and diligently working on the construction aspect as well as the financing for the project. Ms. Leithead-Todd, we continue with our strong desire and commitment to proceed with this project. We ask for your continued support and cooperation. Thank you for your attention to this matter. Sincerely, ) Bill `Butchie"Brilhante Butchie I, LLC