HomeMy WebLinkAboutCOM 0343.000 1998-2000 Mc!,~ M~„ Virginia Goldstein
Stephen K. Yamashiro Director
Mupor - Russell Kokubun
Deputy Director
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PLANNING DEPARTMENT O n ~
25 Aupuni Street, Room 109 • Hilo, Hawau %7204252 C n Z
(BOH) 961.8288 • Fax (808) 961-8742 z ~ N
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June 22, 1999 O ~
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Mr. Steven S.C. Lim ,Esq. = °cu
Carlsmith Ball
Attorneys at Law
121 Waianuenue Avenue
Hilo, Hawau 96720
Dear Mr. Lim:
Special Management Area (SMA) Use Permit Petition
Change of Zone Ordinance 97-79 (REZ 858)
Applicant: Kamehameha Investment Corporation
Subject: Compliance with Condition B of Ordinance 97-79
Txx Man Kev: 7-8-10:2
This is to inform you that we have received the above-referenced application for processing,
however, an SMA Use Permit Petition is not required for the proposed subdivision. According to
Planning Commission Rule 9-4 (10)B(xtii), Special Management Area, the proposed two-lot
subdivision is exempt based on the following:
(xiu) Subdivision of a parcel of land into four of fewer parcels when no associated
construction activities are proposed, provided that any such land which is so
subdivided shall not thereafter qualify for this exemption with respect to any
subsequent subdivision of any of the resulting parcels;
We are returning the subject application, copies and check for $200 under separate cover.
Accordingly, Condition B of Change of Zone Ordinance 97-79, effective June 9, 1997, requires
that an SMA Use Permit Application for the development be submitted within one year from the
effective date of the change of zone. The Planning Director previously granted cone-year
extension of time until June 9, 1999 to comply with Condition B. Therefore, a request to amend
Condition B, along with a $250 filing fee shall be submitted to the Planning Commission for a
public hearing. z
Comm. No,
File No. ZN6~K1~
Ref. To:------`
Ref. Date ~
Mr. Steven S.C. Lim, Esq.
Carlsmith Ball
Attorneys at Law
Page 2
June 22, 1999
Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis
Fujimoto of this department at 961-8288.
Sincerely,
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West Hawaii Office
CARLSMITH BALL
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAtANUENUE AVENUE
POST OFFICE BOX 666 ' ~~C .
HILO, HAWAII 96721-0686 O
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TELEPHONE (BOB) 935-66dd -
FAX (808) 936-7975
DIRECT DIAL NO. OUR REFERENCE'NO, l
(808) 935-6644 .037756-1
W W W.CARLSMITH.COM
June 9, 1999
HAND DELIVERED
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Special Management Area Use Permit Petition
Petitioner: Kamehameha Investment Corporation
Tax Map Key: (3) 7-8-12:02 (Area 31A)
Related Files: REZ 89-13/SUB 97-131 (Area 31A)
Related Files: REZ 95-18/SMA 95-4 rea 531
Dear Ms. Goldstein:
Pursuant to Condition B of Ordinance No. 97-79 and Rule 9 of the
Hawaii County Planning Commission's Rules of Practice and Procedure, enclosed
please find the above-referenced Special Management Area Use Permit Petition for
the proposed development within the subject property. The proposed two-lot
subdivision of the subject parcel was issued tentative subdivision approval on
September 4, 1998, for creation of separate development parcels for financing and
related purposes.
2007773.1.037756-7
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY
HAND DELIVERED
Virginia Goldstein
Planning Director
June 9, 1999
Page 2
Reference is made herein to related files REZ 89-13 and SUB 97-131
(Area 31A), and REZ 95-18 and SMA 95-4 (Area 53), for written descriptions of the
proposed project and its statement of objectives, and its anticipated impacts on the
Special Management Area and on the policies and objectives of the Chapter 205A,
HRS. Attached hereto as Exhibit "A" is the Planning Department's Background
Report and Recommendation filed in REZ 89-13 which discusses the anticipated
impacts of the proposed project on the SMA. The Petitioner respectfully requests
that the information contained in the aforementioned project files be incorporated
within the instant SMA Use Permit Application.
Please do not hesitate to call me at 935-6644, should you have any
questions concerning this submittal. Thank you for your consideration in this
matter.
Very truly yours,
CARLSMITH BALL
s
STEVENN S. . L
SSL:JEC
Enclosures
cc: Louis Kau
Joseph Spencer
John Rocha
2007773.1.037756-7
Please send original correspondence to: Steven S. C. Lim
Carlsmith Ball
121 Waianuenue Avenue, Hilo, Hawaii 96720
SPECIf1L MANAGFJdENT AREA USE PERMIT PETITION
COUNTY OF HAMAII
PLANNING DEPARTMENT - PLANNING COMMISSION
PETITIONER: Kamehameha Investment Corporation
By S VEN S. C. LIM, Its Attorney
PETITIONER'S SIGNATURE:
PETITIONER'S INTEREST, IF NOT OWNER: See attached fee owner's authorization.
ADDRESS: 567 South King Street, Suite 60gis Honolulu, Hawaii 96813
TELEPHONE: (808) 521-1408
s Hess ome
py~~R; Owner is Petitioner.
OWNER'S SIGNATURE:
(3) 7-8-.1.0:02 .
TAX MAP KEY:
NATURE OF pEVELOPMENT: Subdivision of TMK parcel (3) 7-8-10:02 into Lot "A" (10.375
acres) and Remainder Lot acres to create separate eve opment parce s for
financing and related ourposes Said subdivision was granted tentative subdivision
a proval on September 4, 1998 in SUB 97-131. 06/09/9B-
T~~AL COST/FAIR MARKET VALUE: $2,SOgG00 DATE OF PETITION:
TFf PETITIONER. SHALL BE RESPONSIBLE FOR FILING THE FOLLOWING WITH THE DEPARTMENT:
A, iifteAnwritten descript on oof~thetprop~osedipro3ect endgatstatementio~
objectives.
2. A written description of the anticipated impacts of the proposed project
on the SMA including but not limited to:
a. Description of environmental settanglon to the County General Plan,
b. The relationship of the proposed
Zoning and Subdivision Codes and other applicable ordinances;
c. The probable impact of the proposed action on the envirorxnent;
d. Any probable adverse environmental effects which carrot be avoided;
e. Alternatives to the proposed action;
f. Mitigating measures proposed to minimize impact; and
g, Any irreversible and irretrievable commitment of resources.
3. A written statem:nt discussing the proposed development in relation to the
objectives and policies as provided by Chapter 205A, HRS, and the Special
Management Area guidelines.
4. A plot plan of the. property, drawn to scale, with all proposed and
existing structures and other pertinent information shown thereon.
5. Any other plans or information required by the Director.
8. In the case of a petitioner whose proposed development has been assessed, 15
copies of the Director's Determination and any information as to the areas of
critical concern as delineated by the Director.
(See Instructions in Back)
F 1W R'S ETTER ~F AUTH~RIZATI N
Taz Map Key: (3) 7-8-10:portion of 2
(Land Area 31A)
REZ 89-13/Ordinance No. 97-79
Village Commercial CV-7.5
District of North Kona
Island, County and State of Hawaii
The undersigned is the fee owner of the real property above-identified, and hereby authorizes
the law firm of Carlsmith Ball Wickman Case & Ichiki, to apply for, execute and process any and all County,
State and federal governmental permit applications, and to participate in proceedings related to said real property.
A photostatic or facsimile copy of this executed authorization shall also be considered as
effective and valid as the original.
KAMEHAMEHA INVESTMENT CORPORATION,
a Hawaii c oration
B ~7 /
Its ~S~ d~-
Address: 567 South King Street
Suite 600
Honolulu, Hawaii 96813-3036
Subscribed and sworn to before me this
/O~~ day of ,~'fl-f~M~'~~ , 1997.
C/"~C,k~i - (JLCt~t~
Notary Public, State of Hawaii
My commission expires: APR 17 2001
u.
,
200X•55.1.037756-7
N'
3186QC-10/12/90
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KAMEHAMEHA SCHOOLS/B.P. BISHOP ESTATE
CHANGE OF ZONE APPLICATION 89-13
Kamehameha Schools/B. P. Bishop Estate has submitted a change of
zone application for 10.375 acres of land from an Unplanned (U) to a
Village Commercial - 7,500 square foot (CV-7.5) zoned district. The
affected area is located to the northeast (mauka) of the
Keauhou-Kona Convenience Store and Shopping Village - Increment ii,
Kahalu'u, North Kona, Aawaii, TMK: 7-8-10: Portion of 4.
r
REQUEST
1. Kamehameha Schools/B. P. Bishop Estate is the owner of the
entice property consisting of 212+ acres.
2. The purpose of ,the change o~ zone is to construct an office
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complex which would tie in with the existing Keauhou Shopping
Village. The preliminary design concept for the proposed project
calls for a garden office complex consisting of four two-story
buildings centered around a pedestrian courtyard. The buildings
will have approximately 130,000 square feet of gross floor area.
3. Access to the site is proposed to be provided by a
channelized ingress/egress along Kamehameha,III Road. A second
access from Kamehameha III Road will be provided by an existing
cross-intersection which presently serves the Keauhou Shopping
Village. This latter channelized access is located about 1,000 feet
south of the project site's access.
EXHIBIT A
. ~ ~ .
4. According to the application, "The project site will be
created as a separate parcel from TMK 7-8-10: 4 and may be
consolidated with the adjacent shopping village expansion site.
Thus, a subdivision application will be required as part of the
project review."
5. In support of the request, the applicant submitted, in
part, the following:
(SEE COMMERCIAL QUESTIONNAIRE & SUPPLEMENT)
COUNTY AND STATE PLANS '
6. The General. Plan document identifies the Keauhou-Rona area
as a major resort destination area. The General Plan Land Use
Pattern Allocation Guide (LUPAG) Map designates the area for Medium
Density Urban Development. Such a designation would allow for
village and neighborhood commercial uses, provided applicable goals,
policies and standards are met.
7. The State Land Use District Classification is Urban.
8. The Kona Regional Plan recommends a residential density of
18 units per acre (RES-18).
9. The site is zoned Unplanned by the Hawaii County Zoning
Code. A list of permitted uses in the Village Commercial zoned
district is attached for the Commissioners' informr.tion.
10. The project site is located within the Special Management
Area (SMA) of the County of Hawaii and will require an SMA Use
Permit for such development.
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11. The property is located within the Rahalu'u Historic
District (Site 4150), which is listed on the National Register of
Historic Places. Pursuant to requirements set forth in Chapter 343,
Hawaii Revised Statutes, relating to Environmental Impact Statement,
an environmental assessment and determination must still be made at
the time the project comes in for its first permit.
DESCRIPTION OF THE PROJECT SITE AND SURROUNDING AREA
12. The site has slopes of 10 to 15 percent.
13. Elevations range from 170 to 280 feet above mean sea level.
14. The O.S.D.A. Soil Conservation Service's. Soil Survey Report
classifies the soils as A'a Lava Flow (rLV). This lava soil type
has practically no soil covering and is generally bare of vegetation.
15. Gentle tradewinds are pred mnant with occasional winds
from the south-southwest during the winter Rona storms.
16. The average rainfall is 30 to 40 inches annually.
17. The average temperature runs about 75o F.
18. The Flood Insurance Rate Map (FIRM) prepared by the II.S.
Army Corps of Engineers, depicts the property to be in Zone X--an
area outside of the 500-year flood plain.
19. Vegetation consists of clustered stands of Christmas Berry,
koa haole.
20. The Land Study Bureau Overall Master Productivity Rating is
Class E or very poor.
21. The State Department of Agriculture's Agricultural Lands of
Importance to the State of Hawaii (ALISH) classifies the northeast
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corner of the project site as Other Important Agricultural Lands.
Other Important lands refer to agricultural lands that is also of
statewide of local importance for agricultural use. The remaining
area is not classified on the ALISH map,
22. The project is affected by three archaeological sites: a
trail (Site 4618); a planting area (Site 4631); and a larger
planting area (Site 4632). The planting areas were evaluated as
being significant for their informational content. The trail was
evaluated as being significant for its informational and cultural
content. Based on the Cultural Resource Management Plan (CRMP) for
Keauhou, further data recovery work is recommended.
23. An historic preserve has been designated on the Keauhou
Master Plan adjacent and to the north of the affected commercial
development. The -historic preserve contains the Ohia Cave complex
as well as other archaeological features. No timetable for the
implementation of this historic preserve has been required or
proposed.
24. Adjacent lands to the north (Kailua side) and west (makai)
of the proposed Alii Highway are zoned Onplanned by the Hawaii
County Code. Approximately 34.76 acres of land to the east across
Kam III Road are zoned RM-3.0. Similarly, the Keauhou Shopping
Village (Increments Z .and II), consisting of 22.9 acres, is zoned
CV-7.5 by Ordinance No. 820.
25. Land uses in the area include the Aillhaven Medical Care
facility, golf course and condominiums across Kam III Road; Keauhou
Shopping Village and vacant lands. Keauhou Shopping
Village-Increment I contains 72,000 gross square feet (gsf).
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Increment II would add another 145,500 gsf to the commercial base.
An SMA Dse Permit application for a commercial office complex to
complete Increment II has been submitted to the Planning Department
for processing.
FACILITIES AND SERVICES
26. Access to the site would be from Kamehameha III Road, which
is a county road having a 100-foot wide right-of-way. Its function
is to serve as a secondary arterial. No curbs, gutters or sidewalks
r
have been constructed on Kam III Road.
27. A Traffic Study (Appendix B) was prepared by Wilbur Smith
Associates dated May 1990 for the commercial expansion as well as
for Increment II of the Keauhou Shopping Village. The Traffic Study
evaluated impacts-in the Keauhou Resort area focusing on Kamehameha
III Road. A three to five year timeframe for development and full
occupancy was assumed. The completion of Alii Highway was not
assumed. The study found that the following deficiencies can be
anticipated: (a) increased delays for makai bound vehicles on
Kamehameha III Road approaching Alii Drive and (b) increased delays
for vehicles exiting the Keauhou Shopping Village driveways,
particularly left-turn onto Kamehamhea III 12oad from the mauka
driveway. The study concl~~ded that with only the office building
development (a) Alii Drive-Ram III Road intersection should be
signalized as the traffic volume builds and that Alii Drive
approaches and the makai bound Ram III Road approaches should be
striped for two approach lanes; (b) the makai Keauhou Shopping
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~
Village driveway should not be signalized; (c) the mauka Keauhou
Shopping Village driveway should be signalized as the volume of
through traffic on Kam III Road builds. The driveway should be
striped to permit a dual left-turn movement; and (d) the proposed
office building driveway would improve distribution of access
traffic and therefore would lessen the impact on the Keauhou
Shopping village mauka driveway. Without signalization the
left-turn exit from the driveway is forecast to be difficult and
perhaps risky due to the relatively high speed/high volume traffic
on Kam III Road. Left turns from the office driveway intersection
was recommended to be prohibited unless the office access drive is
signalized. The study further said that while pedestrian volumes
are not forecast to warrant signalization of any intersections,
is
signalization of Che Kam III Road i,~tersections with Alii Drive and
with the mauka driveway would improve pedestrian crossing safety.
Using both projects in the analysis concluded that the same set of
improvements described above should be pursued with two exceptions:
The increased volume of traffic at the makai driveway intersection
indicates the need for left-turn pockets on Alii Drive.
Signalization is indicated for the office road intersection. The
conclusions for both projects were similar Leo those described above
but strengthened arguments for signalization.
28. Comments August 27, 1990, from the Department of Public
Works on the TIAR are attached. The State Department of
Transportation-Highways Division had no comments on the TIAR.
29. Water is available for the proposed development.
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30. Sewage is disposed of at the Heeia sewage treatment plant
(STP). The plant is expected to be expanded prior to completion of
Phase II of the Keauhou Shopping Center.
31. The project site is within the service area of the Captain
Cook police and fire stations. A fire station site has been
dedicated to the county on Alii Highway within the Keauhou Resort
Area.
32. All other essential utilities are available to the project
site.
AGENCIES' COMMENTS
33. Department of Public Works:
(SEE MEMORANDUM DATED MAY 9, 1989)
34 . Department of Water Supply
~ .
"We have no objections to the subject request. As
stated in the application, the shopping village expansion,
of which the proposed office complex will be a part, has a
water commitment for 36,000 gallons per day. However, for
the record, the applicant should provide a breakdown of the
water demand requirements for each complex in the shopping
village expansion." '
35. Department of Health:
"Found no Environmental Health concerns with
regulatory implications in the submittals.'
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36. Department of Land and Natural Resources:
'With the maps supplied by Mr. Koyama, the project
area is now clear to us. We agree that three historic
sites are in the project area: 4618 (a trail), 4631 (a
planting area) and (4632 a portion of a larger planting
area) (Attachment 1). These sites are minimally discussed
in the archaeological survey report of the area done by
ARCH (Hammatt & Folk 1980: 149, 157). We would, thus,
agree with the Keauhou Resort Cultural Resource Management
Plan (CRMP) that additional systematic mapping and testing
is needed (Tomonari-Tuggle 1965:194). It appears that the
sites have not been adequately inventoried, nor has their
significance been evaluated.
•We-believe that the s
tes' significance could be
evaluated as follows: 4618 (trail) significant for its
information content and for its cultural significance and
4631 and 4632 (planting areas) for their information
content. If the Kamehameha Schools/Bishop Estate agrees
with this evaluation, the mitigation measures can be
addressed.
"For mitigation, we follow the CRMP's recommendations
that systematic mapping and testing is needed--or, in other
words, archaeological data recovery is an appropriate form
of mitigation. Other trails are being preserved in the
Keauhou Resort under the CRMP, so it does not appear vital
to preserve this trail. However, the Na Ala Hele Program
should be consulted to see if it has any access concerns.
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"Given this conclusion, we would recommend the
following condition to any approved change of zone:
"1. The three significant historic sites within the
project area (4618, 4631, 4632) shall undergo
archaeological data recovery. A detailed
archaeological data recovery plan (scope of work)
shall be submitted to the State's Historic
Preservation Program (HPP) and the County's Planning
Department (PD) for approval. These offices shall
also verify in writing the successful execution of the
plan, .prior. to any construction occurring in the
vicinity of the three sites.
"AS to the scope of the data recovery work, we would
recommend two ossible ha es of work
p p ~ , given the limited
information available on these sites. Phase I would gather
detailed descriptive information on the three sites, would
photograph the sites, would map the planting areas as
needed, and would place test excavation units in the
planting areas to attempt to recover dating samples to date
terraces, walls and agricultural soils, and samples for
pollen studies. If dating samples'are obtained, at least
one date needs to be rapidly processes'. At that point,
then the need for a Phase II would be discussed in
consultation with our office and your department. Here the
question would focus on whether there is a need for more
extensive excavations. if no further excavations are
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needed, then the last steps of data recovery work would be
to process the pollen samples and to prepare the final
report. The report should place these sites within the
context of the overall Rahalu'u settlement pattern,
specifically how they tie to adjacent sites and more
generally how they tie to the large patterning of sites.'
37. HELLO, Police, State Department of Transportation-Highways
Division, Office of Housing and Community Development and the Rona
Soil and Water Conservation District had no objections or comments
on the application.
36 Fire and Real Property Tax Office did not .respond to the
application.
is
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3250QC-11/26/90
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KAMEHAMEHA SCHOOLS/BISHOP ESTATE
CHANGE OF ZONE APPLICATION 89-13
Upon review of the request, the Planning Director is
recommending that it be given favorable consideration. This
recommendation does not, however, sanction the specific plans
submitted with the application as they may be subject to change
given specific code and regulatory requirements of the affected
agencies. Since this recommendation is made without the benefit of
public testimony, the Director reserves the right to modify and/or
alter his position based upon additional information presented at
the public hearing. This favorable recommendation is based on the
following findings:
_
The Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a representation of the document's goals,
policies, standards and courses of action. It is also a graphic
depiction of the physical relationship among the various land
uses. The LUPAG Map establishes the basic land use pattern for
areas within the County. The LUPAG Map designates the affected
area for Medium Density Urban Development. Such a designation
may allow village commercial uses.
An evaluative corollary of the LUPAG Map is the policy
analysis approach. In order to consider an area for any type of
zoning designation, the applicable goals, policies and standards
of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that
evaluations and decisions can be made to better time or stage
developments to achieve growth determined by the General Plan
and related planning documents. The implications of these
evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
The requested zone change for its intended purpose would
complement a goal of the Commercial Element of the General Plan
r
which says "To provide for commercial developments that
maximizes convenience to users.• As one of its policies, the
General Plan further states that the "distribution of commercial
areas shall be such as to best meet the demands of neighborhood,
community, and'regianal needs.•,~ T•he General Plan also states
that "appropriately zoned lands shall be provided as the need
arises.•
Although the Rona Regional Plan suggests residential uses,
the demand for additional commercial lands have grown in the
Reauhou Resort Area. In the absence of other commercial zoned
lands in the vicinity, this area would be a natural extension of
the 22+ acre commercial core. This appfoval will serve to
centralize commercial development in Keauhou. Therefore, the
granting of this particular change of zone request would be
consistent with the current land use policy for the area.
Water is available for the rezoning and development. Since
concerns were expressed relative to the roadways serving the
-2-
area, as conditions of approval, the applicant will be required to
make certain roadway improvements, including signalization and
channelization, on Kamehameha III Road when required by the
Department of Public Works. All essential utilities and
services are available to the site. Therefore, the request would
complement the Land Use Element of the General Plan designation,
district goals, State Land Use District, compatibility with adjacent
zoned uses, availability of public service and utilities, access,
and public need.' The General Plan further states that areas to be
considered for rezoning "shall have basic improvements and amenities
necessary for immediate use."
Based on the foregoing, it is determined that approval of
the subject request would result in an appropriate land use
pattern that will further the pug
lic necessity and convenience
and the general welfare. ~
It is further recommended that the request be given favorable
consideration subject to the following conditions:
A. The applicant, successors, or assigns shall comply with all
of the stated conditions of approval.
B. An SMA Use Permit application for the development shall be
submitted to the Planning Department within one year from
the effective date of the change of zone.
C. Final Plan Approval of the proposed development shall be
secured from the Planning Department within one year from
the date of approval of the SMA Use Permit. To assure
adequate time for plan approval review 'and in accordance
-3-
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.
D. Construction shall commence within one year from the date
of receipt of Final Plan Approval and be completed within
two years thereafter.
E. Access to the project site shall meet with the approval of
the Department of Public Works. The following
intersections shall be signalized and channelized at such
•
time as required by the Department of Public Works: (1)
two existing Shopping Village driveways at Kamehameha III
Road and Alii Drive; (2) Alii Drive-Kamehameha III Road
intersection; and (3) the proposed mauka office complex
driveway~'tcameha~meha III Road:.
F. Curbs, gutters and sidewalks shall be constructed along the
frontage of the affected zoned area 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.
G. A drainage system shall be installed meeting with the
approval of the Department of Public Wo-.ks.
A. Two copies of an archaeological data recovery plan shall be
submitted for review and approval to the Planning
Department in consultation with the Department of Land and
Natural Resources-Historic Preservation Division prior to
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submitting plans for plan approval. Appropriate mitigation
measures shall be implemented prior to land alterations of
the site.
I. Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an• archaeological clearance from the Planning
Department when it finds that sufficient mitigative
measures have been taken. -
J. Comply with all other applicable laws, rules, regulations
and requirements,
K. Should the coumcil adopt a~Onified 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.
L. 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
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. • t'
remain in effect until all of the conditions of approval
have been complied and the Planning Director acknowledges
that further reports are not required.
M. An 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
permit; 4)-the time extensig5n ranted 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
applicants should require an additional extension of time,
the Planning Director shall submit the applicants' request
to the County Council for appropriate action, Further,
should any of the conditions not be fiet or substantially
complied with in a timely fashion, the Director shell
initiate rezoning of the area to its original or more
appropriate designation.
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