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Home My WebLink About88_005H CERTIFIED NAIL .ianUory 5, 1385 Vr. Harold Spector Alii Drive Partnere 795 bort Street, Suite 205 itonolulu, aawaii 95613 Dear Mr. Spector: Chanq. of Zone, Special Managemcnt Area (6biA) Use Permit, and4ce Permit Applications TMK: 7-5-20:73. 79 & 75 The Planning Commission at its duly held public hearing on Decemter '28, 1983 reviewed and acted on the above apt,iicatior.s for a Change of Zone, SMA Use Permit No. 278, and Use Permit t:a. 64, for the above described property. ^:he Commission voted to send a favorable recommendation to the County Council on the change of zone application, subject to the following conoitienn: A. The ap licant, successors or assigns shall be responsible for complying with all of the stater_ conditions of approval. B. The applicant shall submit the required water comraitpent payment to the Department of Water Supply in accordance with its 'i;ate=r Commitment Guidelines Policy! Within ninety days from the date of approval of the charge of zone. The zoning o,: the property shall not he in effect until the payT�-.ent is accepted by the Departrent of Water Supply and a water commitment is formerly issued. C. Plans for the consolidation of the affected properties shall be submitted within one year from the effective date of the change of :one. ro'_ -n tor tomn•.: ary 4, 1i D. Final Plan Approval fcr the entire i'.evelpp icnt -Y-ill bc. secured from the Planning Department W tl in one year fre"rr the effflctive <:ate of the change of Zone. '_'G assure adeg1 to ti e fr plan approval review and in accordance with. Chapter 25-244 (Zoning Code), plans shall he submitted a minimum of forty-five days prior to the date by which plan approval ;,just be secured. F.. Construction shall co(. dense Within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter. F. An intensive archaeological survey and mitigation plan shall be submitted to ,the Manning Depart:-.ent for review -d approval at the time of plan approval review and/or prior to any l.:nd preparation activity being conducted on the property, G. should any unanticip::ed archaeological/historic sites cr features of impertarce be uncovered during land preparation activities, work in the affected area shall cease imr^ediatcly and the Planning Director shall be notified. [dorm: in the atfectec area snail not resume until such time that clearance is obtained from,: the Planning Director. F. Access(P5) to the property shall meet with the approval of the Depart*:rent of Public Works. I. Should an Improvement District be implemented for thve construction of the proposed Alii Ilicihway, the applicant, successors or assigns shall automatically be a participant in the Improvement District. J. An energercy preparedness and response plan shall be subr„itted to the Planning Department and Hawaii County Civil Defense Ar�ncy for review and approval prior to occupancy of any of the proposed units. K. The method of si_,wage =disposal shall meet With the approval of the appropriate governmental agencies. L. All other, applicable laws, rules, regulations and requirenents, including those of the Department of ;ater Supply relative to the provision of additional water system improvements, shall be complied with. Nr. Harold .spec or January =, 089 PD?n 3 I H. hould the council adopt a Unifier, Impact Foes ordinance setting forth criteria for the "Position of exaction_ or the assessment of ispatt fees, conditions included herein may, at the Oeveloper'z election, be satisfied by performance in Accordance with the requirements of the Unified Impact Pees Ordinance. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development an! the compliance with the conditions of approval. This condition shall remain.in effect until all of the conditicns of approval have been connlied with and the Planning Director ac::iowledgez that further reports are not required. O. An initial extension of time for the performance of condition: within tie ordinance may be granted by the Planning Director upon the f llos:ing circumstances: 1) the non-performance is the rezult of co. ilitions that could not have been foreseen or are heyond the control of the applicants, successors or assigns, and that Arp not the result of their fault or negligence; 2) granting of the time extension would not he contrary to the general plan or Zoning We; 3) granting of the tine extension r;001d not be contrary to the original reason^ for the granting of the change of zone; and 4) the time extension granted shall be for a period not to exceed tle period originally granted f : Performance (i.e., a condition to bSe Pnrformed within one year me be extended for up to one aMitional year); and 5) if tei ';pnlicant should require an aMition.al extension of time, t i Planning Director shall submit the applicant'c reouazt. to the Coun'_y Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. Approval of the SVA Use Permit and Use Permits are alto subject to the following conditions: Say:A USS `'ERBIT 1. This pe riit :hall not be in effect until the accompanying chance of zone request has been approved. ', The applicant, successors, or its assigns shall comply with all of the stated conditions of approval. ..�-,roirl Spector January 9, 193! - 4 In the _±gn an, c: layout of ti:e proposed] i••uilc?ing,, due O(-. r,- �i n rpt: c'n ti �a it re liven ro %:tive to thi? prC:V3. on of u^ r. u!-rar:ai vier; corric?or from the prcucsed Riii iii,!'Way to the coastal areas. n. All affected conc'itions Outlined in the accompanying ck.ange of tore ordinance shall be cclplied with. 5. All other applicable lass, rules, regulations and requirements shall be coinplied with. 6. An annual progress report shall be submitted to tlse Planning Director prier to the anniversary date of the effective date of t);is pernit. The report shalt ac?dresc the status of the development and the compliance with the conditions of apprcval. .'his condition c}hail remain,, in effect until all of the conditions of approval have been conpliz:d with and the Planning Director ack.narler.gcs that further report:are not required. i. -he- Planning Director r:ay adMir.i tratively grant extensions to the foregoing conditions subject to any of the folio:ein., circu"F.tances occurring: A) the need for an exu!1Sinisthe IeSllt cf either Un.f Orecccln conditions or are circumstanceL t, -E` ,ond the ccn.trol of the applicant, successors or as--igrs; 8) granting of the tire extension t;�ould not be contrary to the general plan or zoning co e; C) irantlng of the time extension would not i.e contrary to tha original reasons for the granting of the permit; and D) the tine extension granted shall be for a period not to exceed t;:e period originally granted for performance (i.e.,' a condition to he perfcrmad :alt in one year may Le extended for up to one additional year). S. Shoup any of the foregoing conditions not be net or substantially comlied math in a timely fashion after the Planning Director has givt� the permittee notice, this permit may be voided by the Planning Commission. I , uSn ?v"= 1. This permit shall not be in effect until the accompanying change of Lone and Special Clanagement Area (SPLA) Use Permit t2ave been approve. 2. The applicant, successors, or its assigns shall comply with all of the stated conditions of approval. ar, warold Spector Jxr.c.>,ry 1, 1901 n- 5 3. All affectod conditions outlined in of none ordinance, including those relative submission of plans for plan approval review timetable, shall be complied with. the accompanying change to requirements for the and construction A. All other applicable laws, rules, regulations and requirements shall be complied with. 5 An annual progress report shall be submitted to the Planning Director prior to tale anniversary date of the effective date of this permit. ^.he report shall address the status of the development and the compliance with the conditions of approval. This condition rhall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further report: are not requireO. 6. The Planning Director may administratively grant extensions to the foregoing conditions subject to any of the following circumstzncQs occurring: A) the need for an extension is the result of either unforeseen conditions or are circumstances beyond the control of the applicant, successors or assigns; B) granting of the time extension woule not be contrary to the general plan or zoning co&n; Q granting of the time extension would not to contrary to the original reasons for the granting of the permit; and D) the time extension grnrter shall b- for a period not to exceed the period originally granted for performaI:ce (i.e., a condition to be parforned within one year may be extended for up to one additional year). 7. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion after the Planning Diractor has given the permittee notice, this permit may be voided by the Planning Commission. Should you have any questions regarding the above, please feel free to contact the Planning Department at 961-8268. Sincerely, a Gary Hizuno Chairman, Planning Commission x c: jar. Tyrone Rusao Department of Public Works Department of Water Supply Planning office - Rona bcc: Plan Approval Section