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Home My WebLink AboutCOM 0318.000 1998-2000 „vv o.„ Virginia Goldstein co, Director Stephen K. Yamashiro " Muyor Russell Kokubun ~ - _ Deputy Direcor f~flY 28 Pfd 1 15 ~D1II1~~I II~ ?I~fit't OUNTY CLERK PLANNING DEPA~' OF HAWAII 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-0252 (808) 961.8288 • flax (808) 961.8742 May 28, 1999 Mr. James R. Bell Belt Collins 680 Ala Moana Blvd, First Floor Honolulu, HI 96813-5406 Dear Mr. Bell: Change of Zone Ordinance No. 91 27 (REZ 684) Applicant: Liliuokalani Tnlst (formerly Eho Associates, Inc.) Subject: Annual Progress Report ~,rrr• ~~_lc•15 This is to acknowledge receipt of your annual progress report dated April 12, 1999, submitted in compliance with Condition L of the above-referenced ordinance. Thank you for complying with the annual report requirement. Your progress report indicated that the Trust acknowledges that a time extension to Condition C needs to be submitted, as the condition should have been complied with by May 24, 1995. It is our understanding that the Trust intends to submit a new time extension request at such time as a final right-of--way agreement on the Queen Kaahumanu Z:•Tighway is reached with the State Department of Transportation. According to your report, the agreement is expected to be finalized sometime this year. Condition C states: "C. Final Plan Approval of the development shall be secured from the Planning Department within one year from the date of Final Subdivision approval. To assure adequate time for plan approval review and in accordance with Chapter 25- 244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall indicate internal driveway circulation with the adjacent Kona Coast Shopping Center." Comm. No. ~ I File No. ZN6 K~ Ref• To: &ef. Date MAY 2 $ 1999 Mr. James R. Bell Belt Collins Page 2 May 28, 1999 In reviewing your file, we find that an administrative extension of time until May 24, 1995 to secure Final Plan Approval was grained on Apri122, 1994. We noted in our letters dated May 4, 1995 and March 31, 1998 that a request for an additional extension of time to comply with Condition C would be processed through this office and the Planning Commission. Further, by letter dated October 9, 1997, we noted that we were awaiting the necessary paperwork to process your request for an additional extension of time. However, your letter dated October 17, 1997 and the subject annual report states that the request for a time extension will be considered after the Trust reaches an agreement wish the State Department of Transportation. Inasmuch as Condition C should have been complied with by May 24, 1995, a time extension is in order and we encourage you to submit a request for an extension of time to Condition C. The request for a time extension to Condition C, together with the $250 filing fee, original and twenty copies of the request should be submitted to this office. A public hearing to consider your request will be held within 120 days. After such a hearing is conducted, the request and the Commission's recommendation will be forwarded to the County Council. As a reminder, you are required to comply with all conditions as stated in the above-referenced ordinance within their appropriate timetables. Your next annual progress report will be due on or before March 21, 2000. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at 961-8288. Sincerely, GINIA GOLDSTEIN Planning Director PF:gp c~..y~o~nyw.vaao t.qd' c w/Itr: West Hawaii Office Tanning Commission County Council r, BELT COLLINS 3 , L u April 12, 1999 .a"= ~ , 245-01/99A-253 .a~.~1 Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: ' Annual Progress Report for Ordinance Number 91-27 (REZ 684) Liliuokalani Trust -Eho Street. TMK 7-4-15:15 In accordance with Condition L of Hawaii County Ordinance Number 91-27 and your letter of March 31, 1998, this Annual Progress Report is submitted on behalf of Liliuokalani Trust. The Report addresses the status of the development and compliance with the conditions of approval. Condltlon (A). The applicant, successors or assigns, shall comply with all of the stated conditions of approval. Acknowledged. Condltlon (B). Subdivision plans for the future road widening strip shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of tentative subdivision approval. Completed; final subdivision approval has been secured. Condition (C). Final Plan Approval of the development shall be secured from the Planning Departmerrt within one year from the date of Final Subdivision approval. To assure adeRuate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall indicate internal driveway circulation with the adjacent Kona Coast Shopping Center. The Trust has been working with the State Department of Transportation on its right-of- way needs for Queen Kaahumanu Highway between Palani Road and the boundary between the State's Kealakehe land and the Trust's Keahuolu land. The State has hired Fujita & Associates, an engineering design consultant, to prepare the construction plans for the widening. The right-of-way acquisition process is now proceeding. Included in this process is the access to the highway that the Trust has at Eho Street. It is not yet possible for the Trust to submit to the County a Final Plan for approval before an agree(m~ent on the 4.+ 1f • Y.~.rs~ i . BELT COLLINS HAWAII LTD. • 680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 9681 7-5406 U.S.A. TEL: 808 SZI-5361 FAX: 8085384819 EMAIL: hawaii®beltcollins.com WEB: www.bel[collins.com PLANNING ENGINEERING • LANDSCAPE ARCHITECTURE • ENVIRONMENTAL CONSULTING HAWAII SINGAPORE HONC KONG AUSTRALIA THAILAND MALAYSIA • PHILIPPINES GUAM • FLORIDA SEATTLE Ms. Virginia Goldstein April 12, 1999 - 99A-253 Page 2 access and right-of-way questions is reached between the Trust and the State. It is possible that a revised subdivision of Lots 8-A, 8-B, and 8-C will be required by the agreement. Accordingly, the Trust needs a time extension to have adequate time to meet the needs of all parties, i.e., the Trust, the State, and Hawaii County. The State hopes to be able to complete right-of-way acquisition in 1999 and begin construction in 2000. Condition (D). Construction shall commence within one year from the date of receipt of Final Plarf Approval and be completed within two years thereafter. The Trust or its future developer intends to comply with this condition after Condition C has been met. Condition (E). The landowner shall donate the 62-foot wide strip of land fronting Queen Kaahumanu Highway to the State for roadway purposes within one year from the date of Final Subdivision Approval. Completed. The Trust has donated a 62-foot wide strip to the State for roadway purposes. Condition (F). Improvements to Eho Street extension, including curbs, gutters and sidewalks, shall be constructed within the existing 60-foot wide roadway easement from Eho Street to Queen Kaahumanu Highway 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. Acknowledged. This condition may need to be modified depending on the State's taking for Queen Kaahumanu Highway. Condition (G). Driveway access(es) shall be approved by the Department of Public Works. Acknowledged. Condition (H). Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works. Acknowledged. Condition (I). A drainage system meeting with the requirements of the Department of Public Works shall be installed. Acknowledged. Condition (J). All other applicable laws, rules, regulations and requirements be complied with. Acknowledged. Ms. Virginia Goldstein April 12, 1999 - 99A-253 Page 3 Condition (K). 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 may, at the developers election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. Acknowledged. Condition (L). An annual progress report shall be submitted to the Planning Director prior to the anniversa.y date of the effective date of the zone change. 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 acknowledges that further reports are not required. Submitted herewith for 1999. Condition (M). An initial extension of time for the performance of conditions within the ordinance may be 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 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 change of zone; 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 5) If the applicant should require an additiora! extension of limp, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. A new time extension request for Condition C needs to be submitted. The Trust acknowledges that this condition should have been complied with by May 24, 1995 as stated in your letter of March 31, 1998. The Trust intends to submit a new extension request at such time as a final right-of-way agreement on the Queen Kaahumanu Highway taking is reached with the State this is expected now, later in 1999. Ms. Virginia Goldstein April 12, 1999 - 99A-253 Page 4 If you have any questions or comments, please call me. Sincerely yours, BELT COLLINS HAWAII LTD. J es R. Bell JRB:gk cc: Frank Jahrling Chris Kanazawa