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HomeMy WebLinkAboutCOM 0467.001 2014-2016 William P.Kenoi 4.>"77,." r ., . Duane Kanuha Mayor :p ktJ Director tri Bobby Command •s ... ° • Deputy Director ............... I NPN . West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 8, 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i oo 25 Aupuni Street ru Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 05-74 (Bill No. 91) Applicant: Kukui Development, LLC Request: Five-Year Time Extension to Condition C (Complete Construction) TMK: 7-5-009:067 Attached for your infonnation is a letter dated October 5, 2015 from Warren H.W. Lee, P.E., regarding the above referenced amendment request to Change of Zone Ordinance No. 05-74. Should there be any questions, feel free to contact me. Sincerely, ANE KANHUA Planning Director PDtranscounci 1REZ04-022addinfo.doc Enclosures Comm. No. '-4,1. • Ref. To: P Ref. Dote I G - www.cohplanningdept.eom Hawai i County is an Equal Opportunity Provider and Employer planning(%hawaiicounty.gov os+tY os,H, .', r OCT n ,,p.�S 2015 OC! D P(� �a►95 H.W.Lee William P.Kenoi ' +� ` ='• �" Mayor _ Director SENT •OI N�:' I tJUIJI`J 7 Vi Walter K.M.Lau „•.,, Ielta4AINA.K.Gonzalez Managing Director Deputy Director Ciunt uf .tti`t DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7 Hilo,Hawaii 96720-4224 (808)961-8321 • Fax(808)961-8630 www.co.hawaii.hi.us October 5, 2015 Mr. George Baker, Manager Kukui Development, LLC 2549-B Eastbluff Drive, Suite 475 Newport Beach, CA 92660 Subject: Hale Nanea Condominiums —"Project" Extension of Grading Permit No. 92393 Building Permit Applications— Pending Issuance TMK: 7-5-009:067 Aloha Mr. Baker: This is in response to your letter dated August 21, 2015, copy enclosed, regarding your request for an extension of Grading Permit No. 92393. Your application was timely received by the Planning Department on August 21, 2015. The Project plans and permits, approved for issuance to date were reviewed under the effective Flood Insurance Rate Map (FIRM) Panel 713D dated May 16, 1994. However, as previously notified on August 18, 2015, the Department of Public Works (DPW) is proposing a FIRM revision following our Keopu and Hienaloli Streams Flood Study (KHSFS for flood insurance purposes). The KHSFS along with preliminary maps will be submitted to FEMA and undergo a technical review before they are made effective for insurance purposes. At minimum, public notice will be published prior to the effective date of the revised FIRM and a statutory appeal period will be established. In the meantime, your comment regarding existing features within the abutting upstream property are acknowledged, and by a copy of this letter it is being provided to our flood plain study contractor and Flood Plain Coordinator for a response. The flood maps are effective July 31, 2015 for regulatory (permitting review) purposes. DPW is approving the extension request for Grading Permit No. 92393 since the initial permit was approved prior to July 31, 2015 (see enclosed approved application). 2 County of 1!awe i is an Equal Opportunity Provider and Employer. -i 1 Grading Permit 92393 Extension Kukui Development LLC Permit Extension October 5, 2015 Page 2 DPW is also releasing its hold on the Project's building permit applications submitted and reviewed by the Building Division. Please make arrangements to have the following respective permits secured: A2014-BK01356, A2014-BK01357, A2014-BK01411, A2014-BK01557, A2014- BK01570, A2014-BK01573, A2014-BK01574, A2014-BK01576, A2014-BK01577, A2014- BK01580, A2014-BK01581, and A2014-BK01582. Please be informed the applications for which reviews were recorded to be canceled and any future permit applications will be subject to regulatory review using the KHSFS and revised preliminary/effective FIRM for compliance to Chapter 27 of Hawaii County Code. Please provide the existing and finished ground elevations and first floor elevations when the request for final building inspection is made in digital or other format. DPW-Engineering will use the information for the sole purpose of evaluating the effects of the development on the KHSFS and the proposed FIRM. Also, please provide post-construction Elevation for all of the buildings prior to occupancy, referencing the effective FIRM panel. The certificates will assist us and future unit owners in the building permit process. We remind you that the condominium buildings/apartments/units, based on the KHSFS and the proposed FIRM revisions, the condominium buildings/apartments/units, occupants and owners may be subject to flooding and/or flood insurance requirements. If you have any questions regarding the above, please feel free to contact Kiran Emler of our Kona office a 323-4851. Sincerely, E(3tf/ a*kC9 I/U-- arren H.W Lee, P.E. Director KE Enclosures cc: /Duane Kanuha, Planning Director David Yamamoto, Chief, Building Division Carter Romero, County Flood Plain Coordinator OceanlT, Derrick Elfalan Yen Wen Fang, P.E.- Engineering Partners, LLC ENG-Hilo/Kona County of Hawai i is an Equal Opportunity Pru%ider and Employer. KUKUI DEVELOPMENT, LLC ",,,,.-' , 2549-B Eastbluff Drive, Suite 475 ,; Newport Beach, CA 92660 949-933-2411. August 21, 2015 via Email &US Mail Mr. Warren Lee, Public Works Director COUNTY OF HAWAI'I Department of Public Works 101 Pauahi Street, Suite 7 Hilo, HI 96720 • Dear Mr. Lee, Subject: Applicant: Kukui Development, LLC Tax Map Key: 7-5-009:067 & 7-5-009-054 This correspondence outlines our telephone conversation on Thursday, August 20, 2015, regarding our approved and permitted project of 92 residential condominiums known as Hale Nanea Condominiums located near the intersection of Hualalai Road and Kuakini Highway, in the city of Kailua-Kona, HI. In August 2014 we were issued a Grading Permit, No. 092393, subsequently the site was archealogically fenced and cleared and grubbed for weed control and fire hazard maintenance. Recently it has come to our attention that the Department of Public Works in accordance with National Flood Insurance Program regulation 65.7(b)(l) is "proposing to revise" the 1% annual chance floodway within the Keopu-Hienaloli Streams Drainageway tributaries which encompasses our project. Since our project has already received your department approval via Permit No. 092393 and site work has commenced we are hereby requesting that our approval be honored so that we can move forward to pull our building permits to begin vertical construction after completion of the site grading. Additionally, in support of your favorable approval of this request, the property to the east of the subject property and the Great Wall of Kuakini, which has been in existence since the mid 19Fh century, is 100% fully completed, has never experienced any flooding dangers and its physical existence is not taken into account on the recently distributed preliminary Flood Insurance Rate Map, which would undoubtedly redirect the only projected floodwaters from entering our project. Currently our ready to be issued first phase of completed building permit applications have been placed on hold by Mr. Kiran Emler at the Engineering Division of the Department of Public Works in Kailua-Kona, until he receives your formal confirmation that our previous department approval will be honored. All time and effort spent on our behalf is greatly appreciated and we are excited to move this approved project forward towards completion. Should you have any questions on this matter or need any additiol in'trination, please feel free to contact me directly. • /..-0 '<:''4. le Ba.e nager Kukui Develop ent, LLC County of Hawai'i DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION GRADING PERMIT NO. 092393 EXTENSION#1 Fee: $ 0.00 Check only-payable to: County Director of Finance Owner: Kukui Development Address: 2549 B East Bluff Drive#475 Phone: 949-933-2411 Newport Beach,CA.92660 Civil Eng./Surveyor: Engineering Partners, Inc. Address: 455 E. Lanikaula St. Phone: 808-933-7900 License No.: 9361-C Hilo,HI.96720 Contractor: Address: Phone: License No.: Location: 75-216 Hualalai Rd., Kailua-Kona Tax Map Key: (3) 7-5-009:067 Cut(CY): 4,600 Parcel Area(acre): 6.28 acres Area to be Graded (acre): 6.36 acres Disposal Site: start Date: Completion Date: Fill(CY): 21,600 (minimum 2 working days after issuance date) Borrow Site: E:emarks: Grading includes work within the County Right of wav(Upon issuance of required permit to work within the County Right of Way) includes all grading to complete on and offsite infrastructure per site Development plans for Hale Nanea Condominiums Ord. 05-074 933-7653(Hawai'i Island) 40 Pookela Street, Hilo, HI 96720 See Attached '.. STATE DLNR-HISTORIC PRESERVATION DIVISION Approved: Log No. 2014.3616 Received By: Date: Doc No. 1408MV13 Date: 08/20/2014 2 PLANNING DEPARTMENT Approved:_soma Zs-- p' Received By: Date: J .i/,s e;',/di Date: � //1ç- : . DEPARTMENT OF PUBLIC WORKS App • • •r Permit Issuance: Received By: '14, j 1 , Date: g/a�/�� �; Date: /0 is//s- / hereby ce ify th Y: 1. • equested above will conform to Chapter 10 of the Hawaii County Code. ,Y � /.► Yner: �� �j r Date: d��p O/$'- ; ____/. - Amailo I-em?— 73 -024// crLL :•* :..turn to the Department of Pu• Works, Engineering Division, upon completion of work. Certification 4ccepted by: Date: (DPW inspector/engineer) County of Hawaii is an Equal Opportunity Provider and Employer •b Vh WILIA M J.AILA,JR. NEILABERCRONISIE Sy �� BOARD OMANI)ANDNA7URALRESOURCES GOVERNOR OF HAWAII : �1959.'A C( IMISAON ON WATER RPSOURCEMANAMFAIENF M 4.` JESSE SO= �yt+d � and 1 . ,,RR=-.. . _ WILLIAM IN.Tefr AM .tirr': • CATINYDIRFCNoR•WA= :A `�.-%•'J. J AQUA71CRIESR1RCt3 )11 t� SWIM AND nCRAN RECREATION BETREAUCIFIAVVETANCES Z MT5SUNtNWAT}9RESUREliMNAG T1kVf CO MM:ATV.:AID]COASFAI.IAMS STATE OF HAWAII COMEtWATR]N XESOVACES D'FORCE_MITha ENCIPESAING WIL.� DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTAY Amp UFF ' ESERVA AN f!DfF' 'i V ROIIIAWEIMAM REL�RVF COMIAI:AIOt STATE HISTORIC PRESERVATION DIVISION (AND 601 KAMOKIL4 BOULEVARD,ROOM 555 SFATEPUtRS KAPOLEI,HAWAII 96707 August 20,2014 Mark Grant LOG NO:2014.3616 markaeninteggrated.com DOC NO: 1408MV13 SUBJECT: Chapter 6E-42 Historic Preservation Review— - County of Hawaii Grading Permit Application for the Hale Nanea Condominium Development Hienaloli Ahupua`a,North Kona District,Island of Hawaii TMK:(317-5-009:067 Formerly parcels:048 and:054 Thank you for the opportunity to review this application that was originally received by our office on April 15, 2014.According to the application,6.36 acres of the subject parcel and adjacent county right of way will be graded to facilitate the installation of a condominium development. A previous review or our records indicated that this project area was formerly two spate parcels(:048 and:054). Our records also indicated that parcel :054 was subjected to an archaeological inventory survey(Clark and Rechtman 2004). This survey meets the standards of HAR 13-276,which was established in 20003. This AIS identified two historic properties with 16 component features. One site The Kuakini wall(SIHP 6302)was reconunended for preservation and subsequently an archeological preservation plan was prepared for the wall and accepted by SHPD(Rechtman 2005) The other site contained multiple features including a burial at feature U. The burial site was recommended for preservation and a burial treatment plan was prepared by Rechtman and accepted by the HIBC. A single feature of SHIP 5608(feature TillI)was recommended for data recovery,a data recovery plan was prepared by Rechtman(2005)and the data recovery field work has been subsequently carried out. Therefore,once the interim protection measures are put in place on SIHP 6302 and SIHP 5608 fea.U the historic existing historic preservation commitments will have been carried out.In contrast,the portion of this project area that was formerly a portion of TMK parcel :048 was subjected to an archaeological survey by Donham and Kai(1990),which does not meet the standards of HAR 13- 276 and,therefore,is not considered an adequate inventory survey pursuant to HAR I3-284-5(bX4). We requested the opportunity to conduct a site visit of the subject property to determine if unrecorded historic properties exist in the project area(LOG NO:2014.2099,DOC NO:1405MV22). During the course of the field visit,no previously undocumented historic properties were identified. However,the presence of multiple lava tubes on the property suggests that un known subsurface historic properties are possible and an archaeological monitor should be onsite during project activities. Subsequently,and archeological monitoring plan(AMP)was prepared by Haun and Henry(2014). and accepted by SHPD(LOG NO: 2014.3616,DOC NO: 1408MV13). Finally,SHPD received confirmation that the preservation plans have been implemented and the interim protection measures are in place for SIHP 6302 and SIHP 5608 fea.U. Therefore,we believe that if the approved mitigation plans are followed throughout the project,it will result in a determination of effect with agreed upon mitigation commitments and work may proceed subject to approval from the County of Hawaii. We request that the locations of the sites and their buffers are included on the grading plans that are submitted to the County of Hawaii.Please contact Mike Vitousek at(808)652-1510 or Michael.Vitousek@hawaii.aov for any questions or concerns regarding this letter. Aloha, Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division