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Home My WebLink AboutCOM 0362.000 1998-2000 o~,Ntr os w~K', Virginia Goldstein Stephen K. Yamashiro - b6i;r, Director Mayer - Russell Kokubun Deputy Direcmr •R Oi~NI~'N 99 JUL 1 Pfd 4 31 (t~auiTfg a~ ~ttfu~tii coy, ; ~ ~r;,< PLANNING DEPARTMENT COUN Y G. HAWgp 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808) 961-8288 • Fax (808) 961-8742 June 30, 1999 Mr. Steven S.C. Lim ,Esq. Carlsmith Ball Attorneys at Law 121 Waianuenue Avenue Hilo, Hawaii 96720 Dear Mr. Lim: Change of Zone Ordinance 97-79 (REZ 858) Applicant: Kamehameha Investment Corporation Subject: Compliance with Condition B and Condition N of Ordinance 97-79 Tax M8p Key: 7-8-10:2 This is in regards to your letters dated June 24, 1999 and June 9, 1999. Firstly, regarding your letter dated June 24, 1999, in regards to your request for a one yeaz administrative extension of time to Condition B of Ordinance 97-79, effective June 9, 1997. Condition B of Change of Zone Ordinance 97-79, states as follows: "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;" Condition O of Change of Zone Ordinance 97-79, states as follows: "O. an extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances." The Planning Director previously granted aone-yeaz extension of time until June 9, 1999, to comply with Condition B. Due to the unforeseen circumstances of corporate reorganization, the C,~>mm. No. _ File No. ZN K Ref. To: .IUL 0 2 1899, Ref. Date - - Mr. Steven S. C. Lim, Esq. Carlsmith Ball Attorneys at Law Page 2 June 30, 1999 Planning Director has determined that the one-year extension of time would not be contrary to the General Plan or Zoning Code, or the original reasons for granting of the change of zone. Please be informed, however, that should an additional extension of time be required, your request and reasons to amend Condition B, 15 copies, and along with a $250 filing fee shall be submitted to the Planning Commission for a public hearing. In addition, thank you for submitting your annual progress report by letter dated June 9, 1999, in compliance with Condition N of Ordinance 97-79. For your information, your next annual progress report will be due on or before June 9, 2000. Should you have any questions regarding these matters, please contact Susan Gagorik or Phyllis Fujimoto of this department at 961-8288. Sincerely, V J' `Y'~0 VIIt~G NLA DSTEIN Planning Due r SG:gp f:\wpHin60~muan c02.akg cc w/Itt:vCounty Council Planning Commission West Hawaii Office CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS , _ ~ r ( ;l 127 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 TELEPHONE (808) 935-6641 FAX (608)935-7975 DIRECT DIAL NO. OUR REFERENCE NO. (608) 935-6644 037766-7 W W W.CARLSMITH.COM June 24, 1999 HAND DFi.iVF:RFn Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Request for Extension of Condition B -Ordinance No. 97-79 (Time to Submit SMA Use Permit Application for Development) Change of Zone Application (REZ 89-13) Applicant: Kamehameha Investment Corporation Request: Unplanned (U) to Village Commercial (CV-7.5) Tax Map Key: 7-8-10:oortion of 2 (formerly portion of 4) (Area 31A1 Dear Ms. Goldstein: Pursuant to your letter dated June 22, 1999, applicant Kamehameha Investment Corporation respectfully requests an administration extension of time from June 9, 1999 to June S, 2000, in which to comply with Condition B of Ordinance No. ~7-75 and submit an Special Management Area (SMA) Use Permit application for the proposed commercial development. As you are aware, Applicant is undergoing reorganization of its corporate structure, and, as a result, approval of plans for new developments, such as the commercial complex contemplated for the subject property, must await completion of reorganization efforts. However, Applicant is hopeful that an SMA Use Permit Application for the commercial development can be finalized within the next twelve months. Applicant also submits that granting of the requested one-year time extension would not be contrary to the General Plan or Zoning Code, or the original reasons for granting of the rezoning application for the subject property. 2007914.1.037756-7 t~~ d~ HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY HAND DELIVERED Virginia Goldstein Planning Director June 24, 1999 Page 2 Given these special and unusual circumstances, Applicant respectfully requests your consideration in granting of a one-year administrative time extension from June 9, 1999 to June 8, 2000, to comply with Condition B of rezoning Ordinance No. 97-79. Please do not hesitate to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Thank you for your attention and assistance. Very truly yours, CARLSMITH BALL s STEVEN S . L M SSL:JEC xc: Louis Kau Jce Spencer 2007914.1.037756-7 /l f CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 - HILO, HAWAII 96721-0686 TELEPHONE (806) 935-6644 FAX (606) 935-7975 DIRECT DIAL NO. OUR REFERENCE NO. (806) 935-6644 037756-7 W W W.CARLSM9TH.COM June 9, 1999 HAND DELIVERED Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: 1999 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 Man Key: 7-8-10:nortion of 2 (formerly nortion of 4)_(Area 31 A) Dear 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 parcel 7-8- l0:portion of 2 (formerly portion of 4). Pursuant to Condition N of Ordinance No. 97-79, applicant Kamehameha Investment Corporation (hereinafter "Applicant") submits its 1999 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 "$~ponSe" to the same. Requirement: (A) the applicant, successors, or assigns shall comply with all of the stated conditions of approval; $~ponse: Applicant will comply with the foregoing condition. 2007624.1.037756-7 y) ()LL; y'7~ HONOLULU KAPOLEI HILO KONA MI1UI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO GTV HAND DELIVERED Virginia Goldstein Planning Director June 9, 1999 Page 2 Reouirement: (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; geSnonse: On September 23, 1998, the Planning Director granted Applicant a one-year extension of time to June 9, 1999, to comply with the foregoing condition. Petitioner has submitted under separate cover the subject-SMA Use Permit application. 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; gig: 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. Fx11111it.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 yeazs 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 maintenance plan, paved parking stalls and driveway and other improvements associated with the proposed uses; Response: Applicant will comply with the foregoing condition. 2007624.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director June 9, 1999 Page 3 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; R~ one : Applicant will comply with the foregoing condition. Req~jrement: (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; g~pQ~; 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; $~ponse: Applicant will comply with the foregoing condition. 2007624.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director June 9, 1999 Page 4 Reouir m n : (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; ge one : Applicant will coordinate with the Department of Public Works regarding a Solid Waste Management Plan for the proposed development. Rgq girt ement: (I) the applicant shall connect to its existing sewage treatment plant near Heeia Bay meeting with the requirements of the appropriate agency; ResTonse: Applicant will comply with the foregoing condition. uPgs~irement: (J) two copies of an archaeological 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 mitigation measures shall be implemented prior to land alterations of the subject property; $Q~.ponce: Applicant will coordinate with the County Planning Department and State Historic Preservation Division regarding an archaeological data recovery plan and related mitigation measures for the subject property. ugq iri ement: (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 area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. 2007624.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Dtrector June 9, 1999 Page 5 Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken; R cnonc Applicant will comply with the foregoing condition. Requjrement: (L) comply with all other applicable laws, rules, regulations and requirements; Resnonse: 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 towards the requirements for the Unified Impact Fees Ordinance; $e~Q~: Applicant acknowledges and accepts the foregoing condition. Requirement: (1~ 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 acknowledges that further reports are not required; g~nonse: Applicant submits herein its second annual progress report. Requirement: (O) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 2007624.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Director June 9, 1999 Page 6 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 gcSp9riS~: Applicant will comply with the foregoing conditions for time extensions. 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. BespQnSe: 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. 2007624.1.037756-7 HAND DELIVERED Virginia Goldstein Planning Duector June 9, 1999 Page 7 Very truly yours, CARLSMITH BALL STEVEN S.C. SSL:JEC xc: Louis Kau Joseph Spencer John Rocha 2007624.1.037756-7