PD Background Report Lili'uokalani Trust (PL-REZ-2023-051)

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Zendo Kern,Director September 11,2023 2 the General Plan and Kona Community Development Plan (KCDP); and is compatible with the existing land uses within the surrounding area, and thereby making any alternative land use very unlikely, LT requests that Condition B be deleted in its entirety. However, if you deem that a re-examination of the appropriateness of the CV-10 zoning is or may still be warranted in the future and thus deem a time performance condition still needed, LT will accept the extension. On that basis, LT would seek a 10-year time extension for the performance condition. The reasons for this request and other associated information are outlined below. I. CHRONOLOGICAL ENTITLEMENT BACKGROUND OF SUBJECT SITE 1. The subject site and surrounding area was zoned General Industrial (MG-1 a)as part of the County's comprehensive rezoning program in 1967. 2. At the request of LT, on June 3, 1971, a 1.403-acre area, of which the subject area is a part,was to be set aside to accommodate the additional right-of-way needed for the Queen Ka'ahumanu Highway, and the remaining 6.143-acre MG-1 a area was to be rezoned CV-10. The ordinance had no conditions. Refer to Exhibit 1. It should be noted that although LT's original proposal called the Open zoned area a "buffer strip", at the recommendation of the Planning Director and Planning Commission,the County Council zoned the 1.403-acre area Open in anticipation of its use as part of the highway expansion. 3. On March 21, 1991, as the entire 1.403-acre area was no longer needed forthe right-of-way, at the request of the then-potential lessee(Eho Associates, Inc.),the 102-foot-wide strip of land (comprising 0.874-acre)was rezoned CV-10, similar to the balance of the property. Refer to Exhibit 2.The approval was subject to several conditions, including the subdivision and donation of the road right-of-way,time performance conditions, and improvements to Eho Street. 4. On May 24, 1993,the 62-foot wide strip of land was subdivided, and a dedication deed donating the strip was executed on August 1, 1994. 5. On August 21, 2000, Ordinance No. 00-90 deleted Conditions B and E relating to the subdivision and conveyance of the right-of-way, as they were already fulfilled. Concurrently, it approved a 10- year construction time completion window(Condition B). Refer to Exhibit 3. 6. In a letter, dated September 14, 2010,the Planning Director granted a time extension to August 21, 2020. Refer to Exhibit 4. 7. In a letter, dated December 11, 2014,the Planning Department deemed that Condition D relating to the Eho Street extension was satisfied. Refer to Exhibit S. For your information,this section of the improvements was dedicated to the County on December 18, 2013, via Resolution 235-13 Refer to Exhibit 6. 8. Relative to Condition F,the improvements of Eho Street up to the Queen Ka'ahumanu Highway have been completed per State Department of Transportation (DOT)approved construction plans 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG