Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PD Background Report Lili'uokalani Trust (PL-REZ-2023-051)
B QLTAmendREZ.crk.12.18.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT LILI`UOKALANI TRUST AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 00 90 (REZ 684/PL-REZ-2023-000051) Application to amend Change of Zone Ordinance 00 90 by deleting Condition B (time to submit and secure Final Plan Approval), Condition C (time to commence construction), Condition D (`Eho Street extension improvements), Condition F (`Eho Street/Queen Ka`ahumanu Highway intersection improvements), and Condition K (Administrative Time Extension). If deletion of Conditions B and C is not possible, the applicant is requesting a 10-year time extension to Condition B to Secure Final Plan Approval and to amend Condition C to allow construction to commence within 2 years of receipt of Final Plan Approval and be completed within 5 years thereafter. Ordinance No. 00 90 was a successor ordinance to Ordinance No. 9127, which reclassified approximately 0.874 acres of land from an Open (0)to a Village Commercial- 10,000 square feet(CV-10) zoning district. The subject property is located along the makai side of Queen Ka`ahumanu Highway between `Eho Street and the Kona Coast Shopping Center, Keahuolu, North Kona, Hawaii, TMK: (3) 7-4-015:015 (portion). APPLICANT'S REQUEST 1. Applicant's Request: The applicant is requesting to delete five conditions of Change of Zone Ordinance No. 00 90 written as follows: ■ Condition B (time to submit and secure Final Plan Approval): final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date ofthis amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code),plans shall be submitted a minimum offorty-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; -I- ■ Condition C (time to commence construction): construction shall commence within one year from the date ofreceipt of Final Plan Approval and be completed within two years thereafter; ■ Condition D (`Eho Street extension improvements): improvements to Elio Street extension, including curbs, gutters and sidewalks, shall be constructed within the existing 60 foot wide roadway easement from Elio 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; ■ Condition F (`Eho Street/Queen Ka`ahumanu Highway intersection improvements): improvements to Elio Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation- Highways Division and Public Works; ■ Condition K(Administrative time extension): an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances:... Alternatively, if the deletion of Conditions B and C is not possible, the applicant is requesting time extensions with specific amendment language as follows (material to be deleted is bracketed and struck-through; new material is underlined): (B) final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this [ameHdflien ] amended ordinance. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code),plans shall be submitted a minimum offorty-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; and (C) construction shall commence within [one] two years from the date of receipt ofFinal Plan Approval and be completed within [Ave]five years thereafter; -2- 2. Reasons for the Request: The applicant's reasons for the request are as follows: ■ Deletion of Conditions B and C: The applicant is requesting deletion of these timed construction performance conditions for the following reasons: 1)they believe that the property and surrounding area has always been slated for industrial/commercial uses as evidenced by its original MG-la zoning in 1967 and the remainder of the property's CV zoning since 1971 and that continuation of the CV zoning would be the most suitable land use designation ; 2)the applicant has completed all of the ordinance required off-site infrastructure improvements and other off-site infrastructure is available to the property; 3)the absence of any on-site development issues (drainage, archaeological/cultural, etc.); and 4)the zoning's continued consistency with the General Plan and Kona CDP. Based on the preceding, it is appropriate to allow the entire parcel to be developed as the market demands and not with artificial timeframes on a smaller portion of the property. ■ Deletion of Conditions D and F: As discussed further below, the applicant has completed improvements to `Eho Street as required under Condition D and dedicated the improved roadway to the County via resolution. The applicant has also completed improvements to the `Eho Street/Queen Ka`ahumanu Highway intersection meeting with the approval of the Department of Public Works (DPW) and the Department of Transportation (DOT) as required by Condition F, thus the applicant requests deletion of these completed conditions. ■ Deletion of Condition K: The Zoning Code was recently amended to prohibit the addition of conditions to any change of zone ordinance which allows the Planning Director to grant an administrative time extension (see HCC Section 25-2-44(c)), thus the applicant is requesting deletion of Condition K. 3. Proposed Development: Although the applicant has marketed the subject parcel to potential developers, the project site is not currently leased, thus there is no current proposed development. However, according to the applicant, due to the completion of -3- required off-site infrastructure improvements, the site is "shovel ready"for development subject to the remaining rezoning conditions and current development codes. 4. Supportive Information: The applicant has submitted the attached in support of the request(Planning Department Exhibit 1 —Change of Zone amendment request dated September 11, 2023.) 5. Landowners: Lili`uokalani Trust Estate. BACKGROUND INFORMATION 6. 1967: The subject site and surrounding area were originally zoned General Industrial (MG-la) as part of the County's comprehensive rezoning program. 7. Change of Zone Ordinance 400: On June 3, 1971 the County Council approved a change of zone ordinance to reclassify 7.546 acres of land as follows: 6.143 acres from General Industrial-1 acre (MG- la)to Village Commercial-10,000 square feet(CV-10) and 1.403 acres of land from MG-la to Open (0). The application originally called for the 1.403 acres of land to be set aside as a"buffer strip"to accommodate the additional right-of-way needed to widen Queen Ka`ahumanu Highway. This ordinance had no conditions (see Exhibit 1 of the application). 8. Change of Zone Ordinance No. 91 27: As the entire 1.403-acre area was no longer needed for highway widening, the applicant submitted a request to rezone 0.874 acres of land from Open (0)to CV-10 to match the zoning of the remainder of the property on March 21, 1991. This ordinance was subject to several conditions, including the subdivision and donation of a 62-foot-wide strip of land for highway widening, time performance conditions to secure final plan approval and commence and complete construction, and improvements to `Eho Street and its intersection with the highway (see Exhibit 2 of the application). 9. Roadway Subdivision and Dedication: On May 24, 1993 Subdivision No. 6281, which included the 62-foot-wide strip of land, was granted Final Subdivision Approval. A dedication deed donating the road-widening strip to the State was executed on August 1, 1994. 10. Change of Zone Ordinance No. 00 90: On August 21, 2000 the County Council approved an amendment to Ordinance No. 9127, which deleted conditions related to -4- subdivision and dedication of the future road widening strip and granted a 10-year time extension to Condition B (see Exhibit 3 of the application). 11. Administrative Time Extension: On September 14, 2010, the Planning Director granted a 10-year administrative time extension to Condition B until August 21, 2020 (see Exhibit 4 of the application). 12. `Eho Street/Queen Ka`ahumanu Highway Intersection Improvements: Letters from both the State Department of Transportation-Highways Division and Public Works were submitted in 2007 and 2008 respectively confirming completion of intersection improvements in compliance with and satisfaction of Condition F. 13. `Eho Street Extension: County Council Resolution No. 235 13 was adopted on December 18, 2013 accepting dedication of the `Eho Street Extension fronting the subject parcel between Luhia Street and Queen Ka`ahumanu Highway as a public road, thus satisfying Condition D (see Exhibit 6 of the application). STATE AND COUNTY PLANS 14. State Land Use District: Urban. 15. General Plan LUPAG Map Designation: High Density Urban, which includes general commercial, multiple family residential and related services (multiple family residential— up to 87 units per acre). 16. County Zoning: Village Commercial-10,000 square feet(CV- 10) 17. Kona Community Development Plan (CDP): The Kona CDP,was adopted by Ordinance 08-131 on September 25, 2008 by the Hawaii County Council. The subject property is situated within the Kona Urban Area(KUA) and is situated partially within the Maka`eo and Kailua Village Redevelopment Regional Center TOD Areas. 18. Special Management Area (SMA): The subject property is not situated within the SMA and is located approximately 0.4 miles mauka of the nearest shoreline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 19. Subject Property: The subject 0.874-acre rezone area is part of a larger 4.61-acre property and is rectangular in shape and situated adjacent to the north of the Kona Coast Shopping Center. The entire parcel is vacant of any structures or uses and is currently overgrown with vegetation. -5- 20. Surrounding Zoning and Land Uses: Lands in the vicinity of the project area are zoned Village Commercial (CV-10), General Commercial (CG- 20) and General Industrial (MG- la). The existing Kona Coast Shopping Center development is situated to the south. Lands to the west are part of the 51 lots in the existing Kona Industrial Subdivision and contain various industrial buildings and activities. To the east of the subject property are other Lili`uokalani Trust lands including the Makalapua Shopping Center; and further to the southwest is the Lanihau Shopping Center. 21. Flood Zone/Drainage: The subject property is situated within Flood Zone "X", or an area of minimal flood hazard. 22. Archaeological/Historical Resources: As part of the Environmental Assessment for the Kona Commons project, Haun& Associates prepared an Archaeological Assessment, TMK: (3) 7-4-015:15, Land ofKeahuolu, North Kona District, Island of Hawaii dated March 2007. According to the assessment, no archaeological sites or features were identified within the subject property. However, given the identification of archaeological sites on the adjacent property to the south, the State Historic Preservation Division (SHPD)requested that an archaeologist be present during all ground-disturbing activities as a precautionary measure. In response, Haun & Associates prepared a Plan for Archaeological Monitoring, TMK:(3) 7-4-015:15, Land ofKeahuolu, North Kona District, Island of Hawaii dated November 2007. The monitoring plan specified the following procedures: ■ Notify DLNR-SHPD at the onset and completion of monitoring. ■ Identify and evaluate the significance of archaeological remains revealed during construction. ■ Notify DLNR-SHPD upon discovery of potentially significant resources to determine significance and the nature/extent of necessary data recovery or preservation measures. ■ Inform construction supervisors of the purpose of monitoring and the monitor's authority. In pre-construction briefings and periodic briefings during construction, inform personnel of procedures to be followed upon inadvertent discovery of human remains and buried cultural deposits and artifacts. -6- ■ Analyze field data and collected materials. ■ Prepare and submit a report to DLNR-SHPD within 180 days of project completion. By letter dated January 9, 2008, SHPD approved the Archaeological Monitoring Plan. 23. Cultural Resources: As part of the Environmental Assessment for the Kona Commons project, Helen Wong Smith, MLIS, CA prepared a Cultural Impact Assessment for the lands within the ahupua`a of Keahuolu, in which the subject parcel is situated, (CIA) dated November 15, 2007. The assessment is based on a review of archaeological reports, government and other historical records, Hawaiian language sources translated into English, and interviews with long-term residents, including native Hawaiians familiar with the cultural history and resources of Keahuolu. Research revealed limited cultural sites in the project area. Contemporary or continuing cultural practices include gathering of ocean resources in offshore waters and gathering of the endemic plant maiapilo or pilo from the 300-foot elevation seaward. Pilo is used for medicinal purposes and is not listed as a threatened or endangered species. The CIA determined that the adjacent Kona Commons project would have limited impact on Hawaiian cultural resources, beliefs, and practices. Care should be taken to preserve the habitat of endemic plants such as pilo and to assure access for gathering activities. 24. Floral/Faunal Resources: According to formal flora/fauna studies included in the Environmental Assessment for the adjacent Kona Commons Project, the subject property is dominated by introduced or alien plant species, including fountaingrass, low koa haole, with scattered opiuma, kiawe,panini, noni, and lantana. None of these identified plants are listed as threatened or endangered species. No endemic or migratory indigenous birds have been recorded in the area given the urban nature of the habitat. Fauna found on the property included 17 species of exotic(introduced)birds, feral cats, and mongoose. None of the identified species are listed as either threatened or endangered. 25. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the project area. -7- PUBLIC UTILITIES AND SERVICES 26. Access: Access to the subject parcel is from the west via Luhia Street, and `Eho Street from the south (makai) of the subject parcel, which are County-owned and maintained roadways with 50 feet of pavement within a 60-foot right-of-way. The property can also be accessed from Queen Ka`ahumanu Highway from the north (mauka), via a right-turn- in only movement south (makai) from the highway onto `Eho Street. This section of`Eho Street consists of 20 feet of roadway pavement with concrete curb, gutters, and sidewalks within a 50-foot-wide right-of-way. 27. Traffic: There is no current proposed development, however, the application provided traffic analysis on the hypothetical development of a 9,000 square foot structure. Using the Institute of Traffic Engineering (ITE) manual, a 9,000 square foot office building would only generate a maximum of 14 peak hour trips and a similarly sized retail complex would generate a maximum of 36 peak hour trips. Neither use would exceed the Zoning Code concurrency TIAR trigger of 50 peak hour trips. 28. Water: According to the Department of Water Supply (DWS), there is an existing 6-inch waterline within `Eho Street and a 16-inch waterline within Queen Ka`ahumanu Highway fronting the subject parcel. There is an existing service lateral installed to the parcel capable of accommodating a 1-inch meter, which is limited to an average daily usage of 800 gallons or two (2)units of water. While DWS has no objection to the amendment requests, the applicant will be required to submit estimated maximum daily water usage calculations, including the estimated peak-flow in gallons per minute and the total estimated maximum daily water usage in gallons per day. Thereafter, DWS will finalize water commitment deposit amount and facilities charge to be paid and determine appropriate service lateral and meter size required. The applicant will also be required to install a reduced pressure type backflow prevention assembly. Finally, DWS indicated that the existing waterline and fire hydrants along `Eho Street is inadequate to provide 2,000 gallons per minute of flow as required for fire protection per DWS Water System Standards. The applicant should contact the Fire Department to determine fire protection requirements or alternatives. 29. Wastewater: There are existing County sewer lines within `Eho Street and Luhia Street. -8- The Department of Environmental Management recommends requiring the connection of proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. 30. Solid Waste: There are no municipal waste collection services in the County. Solid waste generated by the development will be hauled by a private contractor and disposed of at a permitted solid waste management facility. 31. All Other Essential Utilities and Services: Electricity and telephone services are available to the site. Fire, police, and medical services are available nearby in Kailua- Kona. AGENCIES' COMMENTS 32. Department of Public Works-Engineering Division: (Planning Department Exhibit 2—November 3, 2023 memo) 33. Department of Water Supply: (Planning Department Exhibit 3 —October 30, 2023 letter) 34. Department of Environmental Management: (Planning Department Exhibit 4— October 30, 2023 memo) 35. State Department of Health: (Planning Department Exhibit 5—October 17, 2023 memo) 36. State Department of Transportation: (Planning Department Exhibit 6—November 21, 2023 letter) AGENCIES -NO COMMENTS OR CONCERNS 37. Police Department. AGENCIES -NO RESPONSE 38. Fire Department, Office of Housing and Community Development, Kona Traffic Safety DLNR-State Historic Preservation Division, and DLNR—Engineering& Land Divisions. APPLICANT'S RESPONSE TO AGENCY COMMENTS 39. Planning Department Exhibit 7 —December 21, 2023 Letter from Lili`uokalani Trust in response to agency comments. PUBLIC COMMENTS 40. None at the date of this writing. -9- -10- LILI`UOKALANI TRUST E'ONIP,4A KAKOU Let us all be steadfast. September 11, 2023 Via email to: planning@hawaiicount-y.gov Zendo Kern, Director Planning Department County of Hawai'i Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Subject: Request for Amendment to Ordinance No. 00-90(REZ 684) Keahuolu Ahupua'a, North Kona District,TMK: (3)7-4-015:015(por.) Aloha Director Kern- Lili'uokalani Trust(LT)is respectfully submitting this request for an amendment to certain conditions of County of Hawai'i Zoning Ordinance No. 00-90 for Planning Department review and consideration. The subject area, consisting of 0.874 acres or 38,071 square feet,was originally part of a 7.546-acre area zoned General Industrial (MG-1 a) in 1967. On June 3, 1971, a 1.403-acre area, of which the subject area was a part,was then subsequently rezoned Open(0)via Ordinance No. 400 to, among other considerations, accommodate the additional right-of-way needed for the Queen Ka'ahumanu Highway,with the remaining MG-1 a area being rezoned Village Commercial (CV-10). See Exhibit 1. As the entire 1.403-acre area was no longer needed for the right-of-way, at LT's request,the 0.874-acre area was rezoned to CV-10, similar to the balance of the property, on March 21, 1991,via Ordinance No. 91-27. See Exhibit 2.The thought was to have this area eventually developed into some commercial uses, consistent with the surrounding area. Notwithstanding the absence of any specific development plan for this site, as was customary then,time performance conditions(Conditions B, C, and D)for its development were made a part of Ordinance No. 91- 27. Condition B required the subdivision of the right-of-way,while Conditions C and D related to the development of the rezoned area. On August 21, 2000, Ordinance No. 00-90 deleted the subdivision condition as it was complied with. Itfurther provided a 10-year construction time completion window(Conditions Band C). See Exhibit 3. Ina letter, dated September 14, 2010,the Planning Director granted a time extension to August 21, 2020. See Exhibit 4. Further, since the adoption of Ordinance No. 00-90, as will be outlined below,there were also other conditions, including making some off-site infrastructure improvements per Conditions D and F,which have since been complied with. Given that development of the site was already contemplated as part of the original 1967 zoning map;that it is located in an area where the zoning is consistent with all relevant regulatory and planning documents, such as 1100 ALAKEA STREET,SUITE 1100 •HONOLULU,HAWAI'I 96813-2845 Planning Dept. 808-203-6150.ONIPAA.ORG Exhibit 1 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 Zendo Kern,Director September 11,2023 3 dated November 27, 2007, and 1-year inspection approval of completed work dated June 15, 2011. See Exhibit 7 and Exhibit 8. It is now a fully functioning intersection. As such,this condition has also been fulfilled. II. NATURE OF REQUEST With this letter, LT is respectfully requesting the following: • Deletion of Conditions B(time to submit and secure Final Plan Approval)and C(time to commence construction)from Ordinance 00-90 • Deletion of Conditions D(improvements to Eho Street extension)and F(improvements at the Eho Street/Queen Ka'ahumanu Highway intersection)from Ordinance 00-90 • Deletion of Condition K(administrative time extension)from Ordinance 00-90 Relative to the deletion of Conditions B and C, LT believes that this area was always considered for industrial/commercial uses, as evidenced by its original zoning designation of MG-1 a in 1967, over 55 years ago. It realistically is not appropriate for non-commercial or industrial uses, given the existing surrounding land uses and zoning. While there have been expressed interests by potential developers, given the site's location and proximity to other commercial uses, none has materialized to date. Nonetheless, given the site's consistency with existing regulatory documents such as the General Plan's Land Use Plan Allocation Guide(LUPAG) map and the KCDP, as well as the surrounding commercial and mixed industrial- commercial uses, LT believes that it is only a matter of time before it is developed. When that occurs, development of the subject site should not be troublesome, particularly as all the required off-site infrastructure, such as the extension of Eho Street to the intersection with the Queen Ka'ahumanu Highway and water line, has been completed. This site is thus one that can be readily developed and is considered "shovel-ready'. Given that the off-site infrastructure has been completed;the compatibility of the surrounding land uses with the CV zoning;the absence of any on-site development issues(drainage, cultural, etc.); and the unlikeliness of the General Plan LUPAG map and KCDP being changed, LT requests that Conditions B and C be deleted in its entirety. However, if during the review process, it is deemed that a time performance condition is needed to afford a re-examination of the appropriateness of the land use and/or investigate other issues, LT requests a)a ten(10)yeartime extension from the effective date of this amendment to secure Final Plan Approval as called for in Condition B; and b)construction to commence within two(2)years of receipt of Final Plan Approval and completed within five(5)years of the commencement date. 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 4 Further, inasmuch as the improvements to Eho Street to its intersection with the Queen Ka'ahumanu Highway, as required by Conditions D and F, have already been completed, including its dedication to the County, LT requests deletion of these conditions as well. Finally, it should also be noted that Condition K allowing for an administrative extension is no longer an option. The Zoning Code was recently amended (Section 25-2-44(c))and now states"A condition granting an administrative time extension by the director shall not be included in any change of zone ordinance." Accordingly, LT is requesting that Condition K be deleted as well. III. LOCATION The subject area consists of a 0.874-acre(38,071 square feet) portion of Tax Map Key(3)7-4-015:015. It is located in the Keahuolu ahupua'a in North Kona. The property is rectangular shaped and is located adjacent to the Kona Coast Shopping Center. More specifically, it is situated on the south side of the Eho Street and Queen Ka'ahumanu Highway intersection. The property is vacant of any structures or uses. IV. PROPOSED DEVELOPMENT LT has completed off-site infrastructure improvements to support the development of the subject parcel, essentially making that parcel "shovel-ready."As noted earlier, LT does not have the site leased to a developer at this time. However, it believes that it is only a matter of time, given the surrounding land uses and existing off-site infrastructure. When that occurs,the project would be subject to further review through the Plan Approval process to assure consistency with the remaining conditions of the rezoning ordinance as well as the Zoning Code. V. REZONING CONDITIONS As noted earlier,the subject area was initially rezoned into the CV-10 zoning district on August 21, 2000,via Ordinance No. 00-90 subject to a number of conditions. Refer to Exhibit 3.The most recent annual progress report was submitted on August 16, 2023. In accordance with this report,the pertinent conditions and updates as to their their status follow: Condition (A) The applicant, successors or assigns, shall comply with all of the stated conditions of approval. Response LT acknowledges this condition and has submitted a report on August 16, 2023,to address the status of compliance with the conditions of approval for the current year(EPIC Case no. PL-INT- 2023-005906).The report is still under review by the Planning Department. Condition (8) Final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code), plans shall be submitted a minimum of 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 5 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. Response At the time of development and in accordance with the time frame specified, LT and/or the developer of the Property will ensure compliance with this condition.As noted earlier, LT is seeking to have this condition deleted. If the requested deletion cannot be favorably considered, LT requests an additional 10 years from the effective date of this amended ordinance. Condition (C) Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. Response At the time of development and in accordance with the time frame specified, LT and/or the developer of the Property will ensure compliance with this condition.As noted earlier, LT is also seeking the deletion of this condition. However, if it is deemed that a 10-year performance condition is still required, LT requests that the commence construction date be two(2)years with the completion of construction date five(5)years thereafter. Condition (D) 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. Response Construction of the Eho Street extension was completed in 2008. In February 2011, LT initiated the dedication of roadway improvements related to the Eho Street extension with the County of Hawai'i Department of Public Works(DPW). County of Hawai'i Resolution No. 235-13 completed the dedication of the roadway on December 18, 2013. Refer to Exhibit 6. In a letter dated December 11, 2014,the County of Hawai'i Planning Department confirmed that "Condition D is satisfied." Refer to Exhibit 5.As such, LT requests deletion of this condition. Condition(E)Driveway access(es)shall be approved by the Department of Public Works. Response At the time of development, LT and/or the developer of the Property will ensure compliance with this condition. Condition (F)Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works. Response A letter from DPW approving the extension of Eho Street to the intersection with Queen Ka'ahumanu Highway was provided in the 2020 annual report and as discussed above,the 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 6 dedication of Eho Street to the County is complete. Furthermore, as noted in Exhibit 7 and Exhibit 8, improvements up to the Queen Ka'ahumanu Highway have already been completed per State DOT-approved construction plans and inspection. It has and continues to be a fully functioning intersection. As such,this improvement has been completed, and thus LT requests its deletion. Condition(G)A drainage system meeting with the requirements of the Department of Public Works shall be installed. Response At the time of development, LT and/or the developer of the Property will ensure compliance with this condition. Condition(H)All other applicable laws, rules, regulations and requirements be complied with. Response At the time of development, LT and/or the developer of the Property will ensure compliance with this condition. Condition (1) 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 developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. Response At the time of development, LT and/or the developer of the Property will ensure compliance with this condition. Condition (J) 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 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. Response LT has and will continue to abide by this condition whether the time performance conditions(B and C)are deleted or if a time extension is approved.The next annual progress report will be due on August 21, 2024. Condition(K)An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances.... Response Given the recent amendment to the Zoning Code disallowing administrative extensions,this condition is proposed to be deleted. 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 7 IV. JUSTIFICATION OF REQUEST As noted in Section II of this letter request, LT is requesting deletion of time performance construction conditions for a number of reasons. In sum: 1. The site was originally zoned MG-1 a in 1967 and thus should be accorded the same opportunity to develop in accordance with real market instead of an artificial demand. 2. All of the required off-site infrastructures are already available. 3. There are no on-site issues such as drainage, or cultural/archaeological resources that would necessitate re-examination or cannot be addressed during the subsequent construction permitting process such as a grading permit which will entail State Historic Preservation Division concurrence, Plan Approval, building permit, and so forth. 4. Any development would still be subject to Plan Approval review to assure consistency with the Zoning Code(such as use, parking, setback, landscaping, height)and any applicable conditions of the prevailing zoning ordinance. 5. Given the surrounding commercial/industrial land uses and zoning, it is highly unlikelythat the site would be more suitable than its existing CV-10 zoning. 6. Finally,the request has been and continues to be consistent with the General Plan and KCDP. Since the site was rezoned,there has not been any significant land use regulatory change in this area. The County General Plan's LUPAG map shows the subject area as High Density Urban.The KCDP approved in 2008 and subsequently amended in 2019, identifies the subject area as being within the Kona Urban Area and within the Regional Center Transit-Oriented Development. There are a number of commercial and industrial-zoned and related uses proximate to the subject site. These include a commercial complex(Kona Coast Shopping Center)directly to the south of the subject site(TMK: 7-4-015:001); an industrial complex(Palm Terrace)on the north side of the property(TMK: 7-4-015:022); an industrial complex to the south on the corner of Luhia and Eho Street diagonally across of the site(TMK: 7-4-015:013); and a vacant parcel to the west of the site(TMK: 7-4-015:014)on the corner of Alapa and Eho Street. Thus, retention of the CV-10 zoning would serve the area as well as complement the various urban types of uses already established in this area. Concurrently, it would be consistent with the following pertinent provisions of the General Plan Policies: 1. Economic Element 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 8 Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents with an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide development opportunities in an area that is already serviced by a good transportation system. Relatedly, all required infrastructure is in place and has been provided by LT without taxing the government's servicing ability. Further,the area is located proximate to commercial and business areas, making the site accessible to these uses. At the same time, because of the types of use,the request would be consistent with the land use pattern in this area,while making it convenient for the region and surrounding neighborhoods. 2. Land Use Element(Commercial) Goals • Provide for commercial developments that maximize convenience to its users. 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 9 • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion From a visual and infrastructure perspective,the request would fit in and not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan.The site is already serviced by adequate infrastructure, and where there is not, infrastructure will be extended and/or provided by LT. The County water and sewer lines are already available at the subject site. Police and fire protective services are available within a 5-minute response time. As such,the request should not require additional public services to be provided. 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 10 The land is relatively level and is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map(FIRM)for the area. Further, because the future commercial and/or residential use is not anticipated to be noxious, potential pollution concerns would be minimal, if at all. In the event the deletion of the time-related conditions cannot be favorably considered,then, LT respectfully requests their extension. In considering time extensions,the following are considered: A. Relationship to General Plan and Other Regulatory Documents See Section IV, item number 6, above. B. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. As with so many other projects, local and global economic conditions have affected the timing within which projects get initiated and completed. Project starts and completions were affected by situations like the recession in 2008, rising interest rates, inflation,the global COVID-19 pandemic, and more recently,the tragedy of the Maui fires. LT has marketed the subject parcel to developers. However, although access to the site from the Queen Ka'ahumanu Highway is considered a plus, its right-in-only access with no right-out has dampened some interest. Thus,while the site is locationally compatible with the surrounding commercial uses, it has and will take more than the normal time to find a developer with a project that can be comfortable with that access constraint. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The reasons for approving the rezoning of this site are not contrary to its original 1967 MG-1 a zoning and subsequent CV-10 zoning. The reasons, in summary,for the CV-10 zoning and their relationship to the present, include: • Consistency with the County General Plan LUPAG map and Goals and Policies. • Furtherance of the County's goals of providing an economic environment that allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase occupational choices. This is still a goal of the County. • The site's positive physical and locational attributes which meet the commercial/residential needs in the context of the commercial designation of the County General Plan. This is still applicable today, as there have not been any amendments to the General Plan in this area. 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 11 • Availability or provision by LT of all essential utilities and services. The discussion relates to the improvements to the roadway right-of-way, connection to the wastewater system, and the like. All off-site infrastructure improvements listed in the conditions of approval have been completed.This is also a commitment on the part of LT. • The site not having any resource issues, such as drainage, cultural/archaeological, botanical, or avifaunal. The zoned area is designated "X"on the FIRM map for the area. It is thus maintained that the reasons used to support the existing zoning still apply to, if the time performance condition is not deleted,the requested time extension. It should be noted, however,that since the CV-10 zoning was approved in 2000,the only substantive change to the Zoning Code was the adoption of the concurrency provision, Section 25-2-46. Specifically, it requires all rezoning, including time extension, address traffic, potable water, and civil defense siren concerns. Relative to traffic,the concurrency provision requires a Traffic Impact Analysis Report(TZAR) if more than fifty(50)trips are generated by a project during peak hours. In this situation, and given the size of the property, if one were to assume a 9,000+/-square foot structure,the projected TIAR threshold would not be met. According to the Institute of Traffic Engineering manual (the manual used by traffic engineers in preparing Traffic Impact Analysis Report),the AM/PM trip generation for office use is 1.49 trips per 1,000 square feet. Thus,for a maximum 9,000 square-foot office building,the projected movements would be no more than 14 movements. For a retail complex, it would be four(4)trips per 1,000 square feet or 36 movements. Thus,the projected use does not reach the TIAR"threshold". County water for the project is still available from Eho Street. Further,there is a civil defense siren less than 500 feet from the subject site. As such, approval of this request should not be incongruous with the concurrency provision of the Zoning Code. VI. SUGGESTED LANGUAGE Again, LT is requesting the deletion of Conditions B, C, D, F, and K. In the event Conditions B and C cannot be favorably considered, LT would suggest the following language to accommodate additional ti me: A. Amending Condition B to read as follows: Condition (8) Final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this[amendment]amended ordinance. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (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. B. Amending Condition C to read as follows: 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Zendo Kern,Director September 11,2023 12 Condition (C)Construction shall commence within[one]two years from the date of receipt of Final Plan Approval and be completed within[two]five years thereafter. We look forward to your favorable consideration of our request. Should you have questions on this matter, please feel free to contact meat(808)466-7949 or via email at besmeralda@onipaa.org. Sincerely, Bryan K. Esmeralda, AICP Manager, Land Planning CC: Sidney Fuke,Planning Consultant(Via email) 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-2845 808-203-6150•ONIPAA.ORG Exhibit 1 BILL NO. 794 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 400 AN ORDINANCE AMENDING SECTION 7.04, THE KAILUA URBAN ZONE MAP, ORDI- NANCE NO. 63 (ZONING ORDINANCE), REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM GENERAL INDUSTRIAL (MG-la) TO OPEN (0) AND VILLAGE COMMERCIAL (CV-10) IN KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-08: PORTION OF 2. BE IT ORDAINED BY THE COUNTY COUNCIL IN AND FOR THE COUNTY OF HAWAII: SECTION 1. Section 7.04 of Ordinance No. 63 (Zoning Ordinance), Revised Ordinances of the County of Hawaii 1967, as amended, is hereby further amended by adding thereto the following subsections: "7.04(e-1) . The district classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Open (0): Beginning at the west corner of this parcel of land, the coordi- nates of which referred to Government Survey Triangulation Sta- tion "KAILUA" being 1609.61 feet north and 732.72 feet west and running by azimuths measured clockwise from true south: 1. 2050 51' 134.00 feet along remainder of R.P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole- Thence following along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being; 2. 2500 51 ' 42.43 feet; 3. 2950 51' 190.00 feet along the south side of Kailua-Kawaihae Road; 4. 2980 42' 39" 158.64 feet along the south side of Kailua-Kawaihae Road; 5. 250 11' 59" 156.09 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 6. 1150 51' 380.21 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole to the point of begin- ning and containing an area of 1.403 acres. "7.04(e-2). The district classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Village Commercial (CV-10): Beginning at the north corner of this parcel of land, the coordi- nates of which referred to Government Survey Triangulation Station "KAILUA" being 1,609.61 feet north and 732.72 feet west and run- ning by azimuths measured clockwise from true south: 1. 2950 51' 380.21 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 2. 250 ill 59" 371.17 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole? 3. 270 26, 371.67 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 4. 1170 26, 69.00 feet along remainder of R. P. 6851, L. C. Aw, 8452, Apana 12 to Keohokalole; 5. 2070 26' 46.21 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 6. 1150 51' 276.47 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; Thence following along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 7. 1600 51' 42.43 feet; 8. 2050 51' 664.55 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole to the point of begin- ning and containing an area of 6.143 acres. All as outlined in red on the map attached hereto, marked Exhibit "A, " and by reference made a part hereof." SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii U,� _rn i (&." Date of Introduction: May 19, 1971Co6ncilman, unty o Hawaii Date of Adoption: June 2, 1971 - 2 - Hilo, Hawaii Hilo, Hawaii Date: May 19 1971 Date: June 2 1971 FIRST READING SECOND & FINAL READING AYES NOES A/E AYES NOES A/E Carpenter X Carpenter De Luz x De Luz R Edwards X Edwards X Greenwell X Greenwell x Hisaoka X Hisaoka X Souza X Souza X Yadao xYadao X Yamada xYamada x Chr Matayoshi x Chr Matayoshi X 8 0 1 8 0 1 Publication Date: 1971 h '' Publication Date: 13?1 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Council Chairman County Clerk Appr ved/D6apprrvad this- day of Bill No. 794 Reference. PEDLC-54 M. 8.NO Mdyor,County of Hawaii Ord.No 406 Y Bill No. 794 - 1971 AN ORDINANCE AMENDING SECTION 7.04, THE KAILUA URBAN ZONE MAP, ORDI- NANCE NO. 63 (ZONING ORDINANCE), REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM GENERAL INDUSTRIAL (MG-la) TO OPEN (0) AND VILLAGE COMMERCIAL (CV-10) IN KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-08: PORTION OF 2. This Bill proposes to amend the Kailua Urban Zone Map by changing the district classification from General Industrial 1 Acre (MG-la) to Open (0) and Village Coamercial 10,000 square feet (CV-10) in Keahuolu, North Kona, Hawaii, containing an area of 7.546 acre of land located on the makai side of the Kailua-Kawaihae Road, approximately 500 feet east of Palani Road. Date Introduced: May 19, 1971 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on May 19, 1971, by the following aye and no vote: AYES: Councilmen De Luz, Edwards, Hisaoka, Greenwell, Souza, Yadao, Yamada and Chairman Matayoshi - 8. NOES: None. ABSENT AND EXCUSED: Councilman Carpenter - 1. DEPUTY-COUNTY CLERK ORDINANCE o 4.VS i7 (Z ONING OR" COUNTY OF HAWAII' DtfIgNCW.RENI3 RDIN N OF THE COUNTY OF HAWAII 199,AS -AMIFNOEO: BY CNANOING THE DISTRICT CLASSIFICATION FROM GENERAL INDUSTRIAL (MO-la) TO OPEN(0)ANDVILLAGE COMMERCIAL ICV-10)IN KEAHUOLU,NORTH KONA, HAWAII,COVEREO 1Y TAX MAP Key 7-440:PORTION OF Q, This BIR ae PrVlq, to amend the KaIIVa Urban Zone Map by tNabpinp the 010MCt c1Yanicefkn"'Ill"GWO"l#@"trial 1 Acre(MG-1o)to Open 101 are WNW Commarcial Illma square fast 4ev-M in KMhwlu,North Kona,Hawafl,coofeinlnp an area of i.S/e acre Of IMW KC*%d on the maliai aloe bt the Keilea-Kawaihae pony, awori lNMNY 50 feel. beat Of P#IMI Road. Date Introducad:May 19,1971 eli of the re on f I*in Me Office M G M County Clerk Bill,in full.afor use MCI..8"MMM[cn.by she public. 1 hereby Willy.that the f0rd0ytnd Bill Pan"tint Meting at the mlatihd of the CIN N V Ca mica on May H,,1971,by Me tollowbi0 aye and no Vale: AYES:Councilman Da Luz,EdwardL Hiseeke, GreNiwNl, Souza, Yedw, Yamada aid-cwrman NlatayeNF-a. NDES:None. ABSENT AND EXCUSED:Councilman CarpMter-1. . Robert S.Shioli DEP TY.COUNTY CLERK COUNTY OF HAWAII (a10,-HaWNI Trlls n HaraW: May M,1"1.) ORDINANCE NO. 400 (Bill No. 794-1971) AN ORDINANCE AMENDING SECTION 7.04, THE KAILUA URBAN ZONE MAP, ORDI- NANCE NO. 63 (ZONING ORDINANCE), REVISED ORDINANCES OF THE COUNTY OF HAWAII 1967, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM GENERAL INDUSTRIAL (MG-la) TO OPEN (0) AND VILLAGE COMMERCIAL (CV-10) IN KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-08: PORTION OF 2. Date Approved: June 2, 1971 Date Effective: June 3, 1971 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on June 2, 1971, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 8. NOES: None. ABSENT AND EXCUSED: Councilman Edwards - 1. COUNTY CLERK G COUNTY OF HAWAII 62111213w ��94"psi °@ li'. AN ORDINANCE ANENOINO SECTION 7.04,THE KAILUA UROAN ZONE MAP, ORDINANCE NO. 63 (ZONING OR- DINANCE),R EVISED ORDINANCES OF THE COUNTY OF HAWAII 110, AS AMENDED, RY CHANONIO THE DISTRICT CLASSIFICATION FROM GENERAL INDUSTRIAL IMG-181 TO OPEN (0) AND VILLAGE COM- MERCIA) ICV-10) IN KEAHIIOLU, NORTH KONA,HAWAII.COVERED dY TAX MAP KEY 7 a 0M PORTION OF Z. Date Apprwed:Jund 2,1971 Date ENeCH19:Jv 3,1971 -- C*FNN of tha Nreon0 Oedinanee:In ,UH,areas file M Me Office of Me C*IWtY Clph for uee end eiamihalfen by the oub1lc. I hereby cerlily that Me forepalnb Or- dln.nce poased WNW M0IR l rwdin0 of me meat In0 of tow Cwnly CeallCll on JYIH 7,1911,by Iha toliawl/I0 eye W&no VON: AYES:Come)Im"Carpenter.De LUL Greenwell, H"*., Swra, Y"", Yalnade end Chairmen Moloy9oh". NOES:NNNl. ABSENT AND EXCUSED:CO"O men Edwards.-1. . T-0.hi Suzuki COUNTY CLERK COUNTY OF HAWAII (891--Howali Tribune Herald: . Jun*e,1971A A-1� UNFLANNEq TO Z1,VML.4,VVffD AM-'A A'All UA 1V'AWA,','14,f X114101VI Orr 777�� 7.9.?7e W %rA 14 ZIA'A A ,4,TfA; Wc;- cr-lo MAIL L11. SCALE IN V-75 A VZ;? 5 L' 7 0 4, ;4 V 1.f M4111 IC-A 7,"C4" `W,Yf afA1,5ir4-' /V,-�U-571'r`4Z- N6-1-;) 70 al-:5T, AT VILLAS5 M711FI-111ON4, 1zw1W.411 .0,47E /97� ,VA 7Z 0,1-A 14 I'R4,0AR9V 13.Y-- PZANVIA'd OZIvAM7'MIA'T lrjp.% M.Pv IYry; 7-4-048 Am- 7/f 71 ,EXJW19t7' 'A" v .F UNPGl.VNEO TO Q/-�OA, AREA./903AGI�E3 ��--- —_ ¢To Norc/�oh�u X414U,4^XAD'4MII PO/C PRO/0J2IJ KUAIr/Yl&rr /6o9.aim T3?.72 YY r 71 %SAIL UA•0 � � � A-/a OWAZ'A4 INJU57-RIAI (AU-,- a"y AeA c.1¢a acre 3 I I Q. +— nf4d _ t �CWeV1,7y�C !font Induatria P�SaI Unit �A�p, I, N��� ' ;� r_- •`eau,how"-� r UNPLANNED \ ml-20 SCALE IN FEET �,0F��� ���r 0,7, — �YC.Q VV AGE G01�1'V' ��CI. (CY�,'�1 AV JtrA U'4&� N45WT'1'��ONQ Y�yliAll. GATE O/'PU1SLIC OCT, Z,?,/97 DATE OR 017DIti'ANCf A',;. I'RBI'A/lE0 l�Y= PL Ah'.V/1�'[3 OGRA7{TM°A'T G4u�'rY Of j.'r1W�rI/ Tio 4p- 7/f7I 8XF/!f!/T 'A" F SCNCIPAL TO Q/Jtip:US'�'.AL UNPGs1.VNED fA' �—To Ncnc/ro h:u /fRIL UA J(AWAlt/f1EI QCfti P/TO/�03E1J AUA/f/N/4xr Afq --r dby OF LL-,"���C'. .'-^fir-•e�',�w•.+�'?-w'�. �.�---..-s w.-,;�,.J __ -. A � ��' � prof � Q• � + i 1 s 40 T- rrs-io XX lnd�tri� ' ,Suhdiriaion � �j ML- `r. (l�F 1 cirne r" � i t M.i 5 OF S'fC:, , L' 704, - f/CA 'CM A,ti'7 V/L L A Gf COh,','[,.fTC;:1 (CY I,'V X f,4,';'110L.0 M6W7W 10V, �-,lv�1. oATE oO vZh9ZIC AW,;Rirv6= CC 4F,1 /97.: ,VATS OF A/'F-70;'•h O1f,V1M4NCE NC. /094I247.ED l3Y= PLANV/A'6 4WPATI'M M' tOUh'rrOF NiiWAI/ Tivx N7.wv I+ft ; 7'g'049 A/ar 7,/f71 EX)LIl r7 'A" V PLANNING COMMISSION _ Planning Department _- 28 AUPUNI STREET • HILO, HAWAII 06720 6HUNICHI KIMUHA Mayor COUNTY OF HAWAI I Chairman April 26, 1971 The Honorable Herbert T. Matayoshi Chairman, County Council and Members of the Council County of Hawaii Hilo, Hawaii Re: Rezoning Request - Liliuokalani Trust Keahuolu, North Kona, Hawaii, TMK 7--4-08: Portion of 2 The Planning Commission, after a duly held public hearing on October 22, 1970 voted to recommend for your approval the attached. proposed Bill to change the district classification from General Industrial 1 Acre (MG-la) to Open (0) and Village Commercial 10,000 square feet (CV-10) in Keahuolu, North Kona, Hawaii. The request for rezoning is a 7.546 acre parcel of land located on the makai side of the Kailua-Kawaihae Road, approximately 500 feet east of Palani Road. 0. W. Ef u d, Jr. Chairman lat Attachments - 2 cc C. W. Stevenson James R. Bell Chief Engineer, Public Works Manager, Water Supply Department of Health Hilo Tax Office Hawaiian Telephone Co. Hilo Electric Light Co• APPRO D- S CHI KIMURA MAYOR Tadashi Suzuki Robert Shioji COUNTY CLERK '6f DEPUTY COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY ❑F HAWAII HILO. HAWAII 96720 Mayor Shuni`chi Kimura County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. 794 passed by the County Council on second and final reading. COUNTY CLERK Encl. Dated: June 3, 1971 Exhibit 2 COUNTY OF HAWAII . STATE OF HAWAII BILL NO. 396 (Draft 2 ) ORDINANCE NO. 91 27 AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP) ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-15 : 15 (PORTION) . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-89 , Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Keahuolu, North Kona, Hawaii , shall be Village Commercial (CV-10) : Beginning at the Westernmost corner of this portion of Lot 8 of the Kona Industrial Subdivision, Unit 4 (File Plan 1617) , the coordinates of said point of beginning referred to Government Survey Traingulation Station "KAILUA (NORTH MERIDIAN) " being 1, 609 . 61 feet North and 732 . 72 feet West and running by azimuths measured clockwise from True South: Thence, for the next five (5) courses following along the remainder of Lot 8 and along the remainder of Royal Patent 6851, Land Commission Award 8452 , Apana 12 to Keohokalole: 1. 2050 51 ' 102 . 00 feet to a point; 2 . 2950 51 ' 218 .45 feet to a point; 3 . 2980 42 ' 39" 160 . 90 feet to a point; 4 . 250 11 ' 39" 93 . 97 feet to a point; 5 . 1150 51 ' 380 .21 feet to a point of beginning and containing an area of 0 . 874 Acres . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2 . This change in district classification is conditioned upon the following : (A) the applicant, successors or assigns , shall comply with all of the stated conditions of approval; (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; (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; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (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 -2- the date of Final Subdivision Approval ; (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; (G) driveway access(es) shall be approved by the Department of Public Works; (H) improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works ; (I) a drainage system meeting with the requirements of the Department of Public Works shall be installed; (J) all other applicable laws, rules, regulations and requirements be complied with; (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 developer ' s 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 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 -3- have been complied with and the Planning Director acknowledges that further reports are not required; and, (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; and 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 additional extension of time, 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. -4- SECTION 3 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4 . This ordinance shall take effect upon its approval . INTRODUCED BY: COU CIL MEMBE COUNT OF HAWAII Hilo, Hawaii Date of Introduction: March 6 , 1991 Date of lst Reading : March 6 , 1991 Date of 2nd Reading: march 21, 1991 Effective Date: March 21 , 1991 -5- KAI W 1 STRir7=T � 1 MQ-la A P o` YG>G a �� +h� LftYPLANNE� (U) MG tq Q Ma to KAAHUM^NU HICCH WAY 2vg��t' IOZ.by i29S�51' 2i tl.4S 7-02.72 OPCN (o) To Vtl_L_A[-3E "KAILUA(NORTH GoM M 1=TZC I Ar— (CY-I a M-RtaIAN) q Me lc cv to a AR>wA= a.B74 ACTZL 11"5`SI' 390_21 6,42's}9" 1GC-+>O 9 S.97 1'GONA CoA9T uN!°L-ANhlao (u) 9HGpf1 tVG G FQ GV-10 rRKAr PAL'ell } IQOAC> C6-'2a X a A la 0 k G G 20 1y ry LAN I I"'tAU O 7 CENTCKt 0 u A-La CG 3C �. y A-Ia CG-2o { AMENDMENT TO THE ZONING CODE AMENDING SECTION Z5-82> (K^IL.UA URBAN ZONE! MAP) ARTICLC 3, CHAPT'CR 725 (ZONING CODE) CI~ -rH EBB HAkN^ll COUNTY COC>E, 15Y cE-lANG!N THC oESTERlc-- F=RC>M OPEN (c) To (cv-l C) ^-r . . K=-A%HUOL U, NORTH KONA, H,4mkl IAIE . PRl=-rAh, tGr> BY : PLAN"fNG D�PARTMt-=NT C = lUIN 'TY oP HAINAIf TMK ; 7- JAN- 31, EXHIBIT A�� Exhibit 3 COUNTY OF HAWAII , STATE OF HAWAII BILL NO. 278 ORDINANCE NO. 00 90 AN ORDINANCE AMENDING ORDINANCE NO. 91-27, WHICH RECLASSIFIED LANDS FROM OPEN (0) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII COVERED BY TAX MAP KEY 7-4-15:15 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 91-27 is amended to read as follows: "SECTION 1. Section [25-89, Article 3j 25-8-5, Article 8. Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of the property described hereinafter as follows: The district classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Village Commercial (CV-10): Beginning at the Westernmost corner of this portion of Lot 8 of the Kona Industrial Subdivision, Unit 4 (File Plan 1617), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,609.61 feet North and 732.72 feet West and running by azimuths measured clockwise from True South: Thence, for the next five (5) courses following along the remainder of Lot 8 and along the remainder of Royal Patent 6851, Land Commission Award 8452, Apana 12 to Keohokalole: 1. 2050 5 F 102.00 feet to a point; 2. 295" 5 F 218.45 feet to a point; 3. 2980 42' 39" 160.90 feet to a point; 4. 250 11' 39" 93.97 feet to a point; 1 5. 1150 5 V 380.21 feet to a point of beginning and containing an area of 0.874 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors or assigns, shall comply with all of the stated conditions of approval; [(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;] [(C)]4W final Plan Approval of the development shall be secured from the Planning Department within [one year] ten years from [the date of Final Subdivision approval] the effective date of this amend=nj. To assure adequate time for plan approval review and in accordance with Chapter [25-244] 25-2-72 (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; [(D)]kQ construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; [(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;] 2 [(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; [(G)] driveway access(es) shall be approved by the Department of Public Works; [(H)] improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works; [(I)]LQ a drainage system meeting with the requirements of the Department of Public Works shall be installed; [(J)]ai) all other applicable laws, rules, regulations and requirements be complied with; [(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 developer's 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 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; and 3 [(M)] IQ 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; [and] 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 S} if the applicant should require an additional extension of time, 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." SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. 4 SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COOCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 26, 2000 Date of 1st Reading: July 26, 2000 Date of 2nd Reading: August 9, 2000 Effective Date: August 21, 2 0 0 0 REFERENCE: Comm. 821 5 r KAi W 1 �TIl�f_"T Me-IQ m 2 fv�i� MO-In jWl l v O L�L I.INPtANNc'D (u) N N M^AHUMANU MG +. J n+a I. f-ttC�HWAY Q r a.as-af' la 1.00 :L I M.41F P. C.Da2lw Gf�EN (a) To VtLf_-ABE "1vuLU^rHDIRTN GdMMET�CIAL (CY-so MODMII�IJM A M� re �v to a ARLA� d.tB74 AG1�fw tlwJ't31' +�ed.7l ZIPS' yao.!bo Zf ll'wv- GV Ib al.�7 uNPI--AfV Ht�C (L.+� KONA CbA4T 'lyopprN� Gi►rTGR CY-1 C f r'�'1AICA1 PAa_AN 1 � RoAb co ti-a rL a `---- 'o Q A 1 e1 k N LAI`1IHAu 0 �� C�fVTCR I C6 -2-o AMENDMENT TO THE ZONING CODE AMENDING SECTION �„S-�'3 -� (KAILUA URBAN ZONE MAP) ART!C Lf= 9, CHAPTCFR '�5 (ZON t NG CODe) OF THE HAWAII COUNTY CC>MM, BY CHANGING; THC �IST�lCT Ct--.ASSIFiCA`�'ION FROM OPEN (0) To VIL--L-AGE C�MMEl2C1AL (Cv-IO? AT KM^HU ©LU, NORTH KONA, HAV41"1I1 - pIt�19A�G� BY : PLArJN1NG dt=PARTh-1EN7- GbU�T`i' of NAWAf� 7'�tK 7-4-15 = 15 C—QRTtord) .lAPi- 31, 1J�� EXHIBIT "All OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii ROLL C- LL VOT C," AYES NOES ABS EX Introduced By: Bobby Jean Leithead-Todd Arakaki x Date Introduced: July 26, 2000 Chung x First Reading: July 26, 2000 _ Elarionoff X Published: N/A Jacobson X Leithead-Todd X REA14RKS: Pisicchio X Smith x Tyler X Yagong X 7 1 1 0 Second Reading: August 9, 2000 - ROLL CALL VOTE To Mayor: August 11 . 2000 .. AYES NOES ABS EX Returned: August 21, 2000 Arakaki x Effective: August 21 , 2000 Chung x Published: September 5, 2000 Elarionoff x Jacobson X RE MRKS: Leithead-Todd x Pisicchio x Smith x Tyler X Yagong x 8 0 1 0 I DO HEREBY CERTIFY that the,foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TOE FORM L CALI CORPORATION COUNSEL COUNTY OF HAW II C NC IL CHAlItAlAN Date (' N T CLERK Approved/9pxwlod this 21 _. day ref C GUiL� . 20 UO MAYOR, CO tI C)FHAWAII Reference: C- /PC--I 05 Ord. No.: Exhibit William R Kenoi ""•`.".+,, Mayor �w '. B3 Leitl►ead Todd �i�;� Director ;r Margaret K.Masunaga +' ' S. Deputy �rE nr wp.. I County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 r Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 September 14, 2010 Ms. Michele Otake, Development Manager Queen Lili`uokalani Trust Alakea Corporate Tower 1100 Alakea Street, Suite 1100 Honolulu, HI 96813 Dear Ms. Otake: Change of Zone Ordinance No. 00 90 (REZ 684) Applicant: Queen Lili`uokalani Trust Subject: Time Extension Request Tax Map Key: 7-4-15: portion 15 Thank you for your letter dated August 19, 2010 requesting a time extension to comply with Condition B (secure final plan approval) of Change of Zone Ordinance No. 00 90. You are requesting that the time extension request be submitted to the County Council for action per Condition K-5 of the ordinance;however, Condition K states that"an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director..." Based on the reasons stated in your Ietter, and since an initial time extension has not yet been granted to perform the conditions in Ordinance No. 00 90,we are granting a 10-year time extension until August 21,2020 to comply with Condition B. Please be informed that should the applicant need an additional extension of time to comply with Condition B, the request and reasons, along with 20 copies of that request shall be forwarded to the Planning Commission with a$250 filing fee. A public hearing will be held by the Planning Commission,who will forward their recommendation to the County Council for action. We are returning twenty(20) copies of the time extension request that you submitted but will keep the original for our files. Additionally,the$500 filing fee you submitted with your time extension request will be returned under separate cover. Hrn 1" Counry is an Equal Opporhinity Provider and Employer Ms Michele Ofiake September 14, 2010 Page 2 If you have any questions, please feel free to contact Maija Cottle at 961-8159. Sincerely, J LEITHEAD TODD Planning Director MJC:smn P:\wpMn6O\N4aija\Letters\TER\LQLT-AdminTER-REZ684.doc cc: 1 idney Fuke,Planning Consultant Administrative Permits Division Mr. Marty Shimizu Exhibit 5 RECEIVED William P.Kenoi o�`•Y°` DEC 15 2014 <P•,� Duane Kanuha Mayor �F, Director • Bobby Command _,e Deputy Director r�os�N►'� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 December 11,2014 Ms. Michele Utake Director of Real Estate Development Queen Lili`uokalani Trust Alakea Corporate Tower 1100 Alakea Street, Suite 1100 Honolulu, HI 96813 Dear Ms. Otake: 2011 - 2014 Annual Progress Reports Change of Zone Ordinance No. 00-90(REZ 684) TMK: 7-4-015:015 Keahuolu Lands,N. Kona, Hawaii Island We received the above-referenced annual progress reports(APR)respectively on August 12, 2014, August 15, 2013,August 20,2012, and August 18,2011 in compliance with condition J of Change of Zone Ordinance No. 00-90. Thank you for submitting these materials on behalf of the Queen Lili`uokalani Trust(QLT). Please accept our apologies for not responding sooner. In general,these reports either acknowledge the performance condition or states the `... condition remains unchanged from the previous year's annual report' or that QLT or its fi ture developer intends to comply with the condition. On December 18, 2013 the Hawaii County Council accepted the dedication of the Eho Street extension through Resolution No. 235-13. Thus, Condition D is satisfied. Condition F requires an approval from the State Department of Transportation(DOT)Highways Division for the intersection improvements to Eho Street and Queen Kaahumanu Highway. Although the 2014 APR states the State approval was received on December 18, 2007,there is no copy of this approval in the Department's files to substantiate that QLT has completed condition F. For the 2015 APR,please submit a copy of the State DOT Highways Division approvals of December 2007. Once this copy is received, Condition F will be satisfied. www.cohplanningdeot.com Hawai 7 County is an Equal Opportunity Provider and Employer Ian nningna co.hawaii.him Ms. Michele Otake Queen Lili`uokalani Trust Page 2 December 11, 2014 The letter from the Planning Department, dated September 14, 2010, approved a ten-year extension of time to perform the rezoning conditions until August 21, 2020. The next annual report is due on or by August 21, 2015. If you have any questions,please feel free to contact my staff, Maija Jackson at 961-8159 or Earl Lucero at 961-8160. Sincerely, x4r:�a Planning Director EML/MJ:klt P:'wpwin60\EARL\Letters\L,REZ684APR2014&13.doc cc: Planning Department-Kona State Land Use Commission Hawaii County Planning Commission Exhibit 6 JNZY Os N�k. COUNTY OF HAWAII STATE OF HAWAII ,rEOf.HI.1' RESOLUTION NO. 235 13 RESOLUTION ACCEPTING THE DEDICATION OF LOT B (EHO STREET EXTENSION), BEING A PORTION OF ROYAL PATENT 6851, LAND COMMISSION AWARD 8452, APANA 12 TO A. KEOHOKALOLE (CERTIFICATE OF BOUNDARIES NO. 45) TAX MAP KEYS: (3) 7-4-015:015 AND (3) 7-4-015:022(POR), SITUATED AT KEAHUOLU, DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAI`I FROM TRUSTEES OF THE QUEEN LILI'UOKALANI TRUST. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I. WHEREAS, Trustees of the Queen Lili`uokalani Trust are the owners of Lot B (Eho Street Extension), containing an area of 16,651 square feet, identified as a portion of Tax Map Keys: (3) 7-4- 015:015 and (3) 7-4-015:022, situated at Keahuolu, District of North Kona, Island, County and State of Hawaii, as delineated on Exhibit "A" attached; and WHEREAS, Trustees of the Queen Lili`uokalani Trust have constructed all subdivision improvements and received final subdivision approval for the above referenced lot; and WHEREAS, Trustees of the Queen Lili`uokalani Trust are desirous of dedicating the above roadway lot, including all subdivision improvements thereon, to the County of Hawaii for roadway purposes, and the improvements have been inspected and approved by the County of Hawaii Department of Public Works, and received dedication approval from the Department of Water Supply, Planning Department and Department of Environmental Management; and WHEREAS, Section 23-10 of the Hawaii County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the council may accept gifts, which include the dedication of land, on behalf of the County of Hawaii. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that it finds the subject subdivision and improvements thereon are in full compliance with the provisions of Chapter 23 of the Hawaii County Code as certified and approved by all applicable agencies. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Section 23-10 of the Hawaii County Code, that the County of Hawaii accepts the dedication of Lot B (Eho Street Extension), containing an area of 16,651 square feet, identified as a portion of Tax Map Keys: (3) 7-4- 015:015 and (3) 7-4-015:022, delineated on Exhibit"A" attached hereto, including all improvements thereon, for public road purposes. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) the Department of Public Works; (3) Assistant Corporation Counsel Katherine A. Garson; and(4) Nathan T. K. Aipa, Esq., Pitluck Kido & Aipa, LLP, 701 Bishop Street, Honolulu, Hawai`i 96813. Dated at Hilo , Hawai`i, this 18 th day of December , 2013. INTRODUCED BY: COUNCIL ME BER, UNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on December18, 2013 KANUHA X KERN X ONISHI X ATTEST: POINDEXTER X WILLE X YOSHIMOTO X i Reference: C-536/PWPRC-34 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 235 13 `O ���Et /i I � � P lip, c m > - fz 5 m CD:) > I \ 6 1-4 cr) A 0 )> A 0) 5 C, m rn > EHO T z STREET c EHO STREET EXTENSION 0 B-A T �E )> 10 CD PALANI ROAD DEDICATION LOCATION MAP KONA INDUSTRIAL SUBDIVISION TO BE DEDICATED: EHO STREET EXTENSION ALONG WITH 2 CATCH BASINS & 2 DRYWELLS TYPE OF ROAD: 50-FT. RIGHT-OF-WAY WIDTH WITH 20-FT. WIDE PAVEMENT (4. 5 INCH AC) AND CONCRETE CURBS, GUTTERS, DRAIN BARRIER, AND SIDEWALKS LENGTH OF ROAD: 336 FT. NUMBER OF LOTS: 2 (CV-iO) TAX MAP KEY: 7-4-15: 015 AND 7-4-15: 022 DATE: SEPTEMBER 24. 2010 Exhibit A SHEET 1 OF 1 Exhibit 7 HWY-H 07-2.1108 November 27, 2007 Mr. John C.H. Chung Belt Collins Hawaii, Ltd. 2153 North King Street, Suite 200 Honolulu, Hawaii 96819-4554 Dear Mr. Chung: SUBJECT: Construction of Elio Street Extension on Queen Kaahumanu Highway Queen for Queen Liliuokalani Trust, Project No. NH-019-1(20), Sta. No. 1009+10(f) to 1010+,69(f), Keahuolu,North Kona, Hawaii We enclose your plan which is approved as submitted. Please submit two sets of the final plan and obtain a Permit To Perform Work Upon State Highways before you start any work within the highway right-of-way. When filling out your permit please refer to the above approval letter No. HWY-H 07-2.1108 and date November 27, 2007. Construction must start within one year of this date. If it does not, the plans shall be resubmitted for review and approval. If you have any questions, please call Francis Perez at 933-0446 or Robert Taira at 933-0498. Ve truly yours, ST NLE M. T 0 Hawaii District Engineer FP:hm Encl. cc: HWY-RM ( Michael Amuro), HWY DH (Curtis Matsuda), HWY-TO (Bryan Tyau) NOV 2 7 2007 Exhibit 8 DOT 4.222 (HWY-CM r07'02) PERMIT TO PERFORM WORK UPON STATE HIGHWAYS Application Date o 20(,l Pursuant to the provisions of Chapter 264, Hawaii Revised Statues as amended, Application is hereby made to perform the following work upon the State Highway and at the location(s)specified below and at r o other place. 1_ Name of Highway 1a V611 `1 Route No./Section 2. Locations or limits on said highway u1QV r tOle vi F 3. Work to be performed per attached plans approved by VI OlLdate 1xt it to O Access connection O Utili O DydAinuum raina a Improvement ( ther M t,(� 1v1 A u INC i { A Yt� al-1 uFi _C �1 1 —1^ 19tttXl T tA,e -L U -t1ne� t xuQIP�J� L ki t~i A_c A.tni t+r Y U W n�7 r 4. Dates between which work will be performed: 5 20 v1--- to id F 20 _ W t L) 5. General Notes for Construction J O a. All lanes shall be open to traffic during the hours from 6:00 AM to 8:30 AM,during the hours of 3:00 PM to 6:00 PM,and a when no work i5 being done under this permit. Only one lane of traffic shall be closed at any other time unless other- wise approved in writing by the District Engineer. b. When trenching in pavement areas, safe, non-skid bridging material adequate,to handle all vehicular traffic shal be placed and securely anchored over the trench. c. Longitudinal drainage along the highway shall be maintained. d. Ductlines shall have 3-feet minimum cover if no other depth is shown on the approved plan. e. No material and/or equipment shall be stockpiled and/or stored within the Statefix, ri ht-of-way except at locations approved in writing by the District Engineer,or those shown on the approved pla (l nf7g� f. All regulatory, guide and construction signs and barricades shall be of high inte es. submittals rewired JUL Q 2 2008=a. initial and date utility clearances as checked below.Contractor to also check with all ofty om anies etc. erification of all other utility lines. O Electric Co. O Water Supply O Gas Co. O GTE-HAW'N Sewers,, O Cabl T(V� ()AT&T (vlYQ IK To fit_ .PAX• 1 � - b. Pro f of State Indemnitya IMCLKLI Nl "%U: t'at L'f'tltnc nl^7,`§1 (certificate of Insurance naming the State of Hawaii as an additional insured,hav),grespectike minimum co rages f. Bodily injury or Death Per Person;Bodily Injury or Death Per Accident;and Property Damages Per Accident of: O $ 100,000; $ 300,000; $ 50,000; O 250,000; $ 500,000; $ 100,000; 30 day notice of l $ t cancellatio tot the State required. 11V'5L MV%C p�plvt� Y P� {fir 4`-�0.ln,u.1,�A►a41. ktit�u.Ja� vi"J ,l,.(nn ()Federal Non Liability ClaXe(See Item�3 on the beck o his permit.) J fOfl � c. $ 302.� Fee(Make check payable to the Dept.of Transportation,State of Hawaii) Computed as follows:$10.00+$0.10 x(Quantity in excess of first 2f0y sq yd and/or lineal feet) =$10.00=$0.10 x(aZtq-1�c sq.y and/or lineal feet) d. Performance Bond () $ :8y Bond No. ;or Other `p ,n oyrnrtdlFsl [oY ` () Letter of Guarantee on file () Waived ( �h,��ca�.,� .e +) The applicant hereby agrees that any agreement heretofore made or hereafter to be made,and the covenann tan �on�tions sta�t/ed on the reverse side hereof shall be binding upon the applicant,the applicants heirs,personal representatives,successors,contractors and assigns The applicant acknowledges that the applicant has read the completed form, understands its provisions, and agrees to its terms and conditions. 1'{'� ", CONTRACTOR: it 1rC iqS u APPLICANT l' MAXIit tn mk cifuno_Gf+:1P',1� ;7 //��t I- {�j (Name of apount whether rt ividuat line,part—hip, ADDRESS: T.C� O C7�1. `l�Fl 1 U oorporation,govammente ncy,etc.) � . TELEPHONE NUMBER: t� � [v5-1VI- (Prtm Name 8 Trtie of Applkant or Authorized Peel) EMERGENCY NOS.: ��� �y) (�) NAME?JCJ�,�Y G`� Phone No. a(�t�• � r/�ignetur9) t . (2) NAME k'-i j �t c l ar' `7 Phone No. 4M•A IOADDRESS: TELEPHONE NO.: PERMIT NO.r, r� 0, 14A DATE: Permission to perform the above described work at the location(s)stated in items 1 and 2 between the dates set forth in item 4 of the application is hereby granted.The applicant shall notify the issuing office at least 48 hours before commencing work.Any extension of completion date must be approved in writing by the issuing office.This permit expires'rf work is not started within 90 days of issuance date. oi,edor of Transportation or Authorized Representative Oahu 831-6712 Hawaii 933-8866 Maui 873-3535 Kauai 274-3111 ��---: '�- �' --a�a v� � .s; ��, • ` J �� `_ 1 a i_ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 3, 2023 790"W0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE AMENDMENT APPLICATION (PL-REZ-2023-000051) Amendment to Change of Zone Ordinance No. 00 90 (REZ 684) Applicant:Lili`uokalani Trust Request: Amendment to Delete Conditions B, C, D, F, and K; If Conditions B and C Cannot be Deleted, Applicant Requests a Ten (10)-Year Time Extension to Condition B (Time to Secure Final Plan Approval) and a Seven (7)-Year Time Extension to Condition C (Time to Complete Construction) TMK: 7-4-015.015 We have reviewed your submittal and offer the following comments for your consideration: 1. Delete Conditions B or approval of a Ten (10)-Year Time Extension to Condition B (Time to Secure Final Plan Approval) — DPW defers to the Planning Department. 2. Delete Condition C or approval of a Seven (7)-Year Time Extension to Condition C (Time to Complete Construction) — DPW has no objection to the 7 year time extension. 3. Delete Condition D — DPW recommends that this condition remain and that update reports from the developer indicate that this condition was completed. 4. Delete Condition F — DPW recommends that this condition remain and that update reports from the developer indicate that this condition was completed. 5. Delete Condition K — DPW defers to the Planning Department Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dep; Exhibit 2_-- County of Hawaii is an Equal Opportunity Provider and Employer o�w+TeR s gi faA DEPARTMENT OF WATER SUPPLY ■ COUNTY OF HAWAVI 345 KEKUANAC)`A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808)961-8050 • FAX (808) 961-8657 October 30, 2023 PLF'!t1 I!4G DEFT OCT 31203 PIr,2:11 RE.C'D HQ'1` 1) DELIVERED TO: Mr. zenda Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000051 Amendment to Change of Zone Ordinance No. 00-90 (REZ-684) Applicant: Lili`uokalani Trust Request: Amendment to Delete Conditions B,C, D, F,and K; If Conditions B and C cannot he deleted, Applicant requests a ten (10)year time extension to Condition B (Time to Secure Final Plan Approval) and seven (7)year time extension to Condition C (Time to Complete Construction) Tax Map Key 7-4-015:015 Portion We have reviewed the subject request and have the following comments. Please be informed that there is an existing 6-inch waterline within `Eho Street and a 16-inch waterline within Queen Ka`ahumanu Highway fronting the subject parcel. There is an existing service lateral installed to the parcel capable of accommodating a 1-inch meter, which is limited to an average daily usage of 800 gallons or two (2)units of water. The Department has no objection to the proposed request; however, prior to granting water service,the applicant shall comply with the following conditions: For any development on the subject parcel, the Department will request that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak-flow in gallons, per minute, and the total estimated maximum daily water usage in gallons per day. Upon receipt of the water usage calculations above, the Department will finalize the water commitment deposit amount and prevailing facilities charge(which is subject to change), to be paid. Based on the water demand calculations, the Department will determine the appropriate service lateral and meter-size required. A reduced pressure type backflow prevention assembly will need to be installed, within five (5) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be granted. Planning Dept. . Water, Our9Vost Precious esource . , , `�, .f�,a lNazA Y:ane. . . Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 October 30, 2023 Please be informed the existing waterline and fire hydrants along `Eho Street is inadequate to provide 2,000 gallons per minute of flow as required for fire protection per the Department's Water System Standards. The applicant should contact the Fire Department to determine fire protection requirements or alternatives. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808) 961-8070, extension 256. Sincerely yours, �Vvuwyk� Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy - Lili`uokalani Trust Mr. Sidney Fuke, Planning Consultant 1#4 Mitchell D.Roth �''�� yL;'� Ramzi I.Mansour Mayor Director Lee Lord Brenda lokepa-Moses Managing Director OF'A Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720• cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direccj--�Mj-�-' `0 Department of Environmental Management DATE: October 30, 2023 SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000051 Amendment to Change of Zone Ordinance No. 00 90 (REZ 684) Applicant: Lili`uokalani Trust Request: Amendment to Delete Conditions B, C, D, F, and K; If Conditions B and C Cannot be Deleted, Applicant Requests a Ten(10)-Year Time Extension to Condition B (Time to Secure Final Plan Approval) and a Seven (7)-Year Time Extension to Condition C (Time to Complete Construction) Tax Map Key: (3) 7- 4-015:015 (por.); North Kona, Hawaii The Solid Waste Division has reviewed the subject application and has no comments. The Wastewater Division has reviewed the subject application and provides the following comments (contact the Wastewater Division for details): • Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. Planning Dept. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 4 JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH q6.........�!4 GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE =L y.v ;xs 4Qq ...............off', �'O.utraom STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 H I LO, HAWAII 96721-0916 MEMORANDUM DATE: October 17, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000051 Amendment to Change of Zone Ordinance No. 00 90 (REZ 684) Applicant: Lili`uokalani Trust Request: Amendment to Delete Conditions B, C, D, F, and K; If Conditions B and C Cannot be Deleted, Applicant Requests a Ten (10)-Year Time Extension to Condition B (Time to Secure Final Plan Approval) and a Seven (7)-Year Time Extension to Condition C (Time to Complete Construction) Tax Map Key: (3) 7-4-015:015 (por.), North Kona, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch Planning Dept. Exhibit 5 Zendo Kern October 17, 2023 Page 2 of 4 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii._gov/ep/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: h=s://health.hawaii.gov/epo/Ianduse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hllps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Zendo Kern October 17, 2023 Page 3 of 4 Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: hilps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. Zendo Kern October 17, 2023 Page 4 of 4 A demolition or land clearing permit is required prior to demolition or clearing. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. JOSH GREEN,M.D. EDWIN H.SNIFFEN GOVERNOR DIRECTOR KE KIA'AINAf °su9`�T�'4� KA LUNA HO'OKELE r d , Deputy Directors Na Hope Luna Ho'okele t DREANALEE K.KALILI - TAMMY L.LEE ROBIN K.SHISHIDO STATE OF HAWAVI I KA MOKU`AINA`O HAWAVI IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION I KA`OIHANA ALAKAU 869 PUNCHBOWL STREET STP 00325.23 HONOLULU, HAWAII 96813-5097 HWY-PL 23-2.3610 November 21, 2023 Mr. Zendo Kern Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attention: Mr. Christian Kay Dear Mr. Kern: Subject: Request for Comment for Amendment to Ordinance No. 00-90 (REZ 684) Liliuokalani Trust Keahuolu Ahupuaa, North Kona, Hawaii Tax Map Key No. (3) 7-4-015: 015 (Por.) We received your email requesting our comments on the Change of Zone Amendment application. The 38,071 square foot project site (part of a 1.4 acre area)was rezoned to Village Commercial related to various ordinances detailed in the applicant's letter. The property site is adjacent to the Kona Coast Shopping Center on the south side of Eho Street(county road) and Queen Kaahumanu Highway (state) intersection. The specific amendment request is related to the required conditions from the County Ordinance No. 00-90 with the following: 1. Deletion of Condition (B): Time period to submit Final Plan Approval and Condition (C): Time period to commence construction. 2. Deletion of Condition (D): Provide improvements to Eho Street extension and Condition (F): Improvements at the Eho Street/Queen Kaahumanu Highway intersection with the Hawaii Department of Transportation (HDOT). 3. Deletion of Condition (K): Time period for administrative time extension. Planning Dept. Exhibit 6 Mr. Zendo Kern HWY-PL 23-2.3610 November 21, 2023 Page 2 Pursuant to Condition (F)under the requirement of the subject ordinance, it states: "Improvements to Eho Street/Queen Kaahumanu Highway intersection shall meet the approvals of the Department of Transportation, Highways Division and Public Works." According to the applicant's letter and Exhibits 7 through 8, Condition (F) has been fulfilled. This requirement relates to improvements done at the intersection of Eho Street/Queen Kaahumanu Highway. Therefore, the applicant would like to request for the deletion of Condition (F), which pertains to the HDOT's review. The HDOT has the following comments: 1. We do not have any objections to the deletion of the conditions stated by the applicant. 2. It is recommended by the HDOT, Hawaii District Office, that any vehicular access from Eho Street should be located as far from Queen Kaahumanu Highway as possible to limit any congestion and traffic backing up onto the highway. If you have any questions,please contact Jeyan Thirugnanam, Land Use Planning Engineer, Planning Branch at(808) 587-6366 or by email atjeyan.thirugnanam@hawaii.gov. Please reference file review number PL 2023-100. Sincerely, EDWIN H. SNIFFEN Director of Transportation LILI`UOKALANI TRUST E'ONIP,4A KAKOU Let us all be steadfast. December 21, 2023 Via email to: planning@hawaiicounty.gov Zendo Kern, Director Planning Department County of Hawai'i 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 SUBJECT: Response to Comments on Request to Amend Change of Zone Ordinance 00-90 (REZ 684); PL-REZ-2023-000OS1; TMK(3)7-4-01 S:01 S(poll Aloha Mr. Kern, Lili'uokalani Trust(LT) has received the following agency letters providing comments on the subject request: Li State of Hawai'i, Department of Health (DOH), letter dated October 17, 2023 Li County of Hawai'i (COH), Police Department, letter dated October 23, 2023 Li COH, Department of Water Supply (DWS), letter dated October 30, 2023 Li COH, Department of Environmental Management(DEM), letter dated October 30, 2023 Li COH, Department of Public Works (DPW), Engineering Division, letter dated November 3, 2023 We provide the following information in response to these letters. Department of Health LT will review the DOH's "Standard Comments" as well as those general comments provided in the DOH letter for applicability to the proposed request. Police Department LT acknowledges that the Police Department has no comments or objections to offer at this time. Department of Water Supply LT understands that there are existing water lines in the vicinity of the property and an existing service lateral capable of accommodating a 1-inch meter at the property. While County water 1100 ALAKEA STREET,SUITE 1100 •HONOLULU,HAWAI'I 96813-28450 Planning Dept. 808-203-6150.ONIPAA.ORG Exhibit 7 appears to be available, LT and/or the developer of the property will have an anticipated maximum daily water use calculation prepared by a Hawai'i-licensed engineer and will submit it to the DWS before the submittal of plans for Plan Approval. This will help determine the projected number of required water units so that the appropriate water commitment fees and water facilities charges can be determined and paid for. Appropriate construction plans will be developed in conjunction with the building permit process. These plans will include information on the appropriate service lateral and meter size, as well as any backflow preventer. These improvements will be installed in conjunction with the actual development of the property. We understand that the existing waterline and fire hydrants along 'Eho Street are inadequate to provide 2,000 gallons per minute of flow for fire protection as required per the DWS' Water System Standards. As part of the building permit process, LT and/or the developer of the property will consult with the Fire Department regarding improvements needed to satisfy fire protection requirements. Any improvements will be installed in conjunction with the actual development of the property. Department of Environmental Management LT acknowledges that the DEM-Solid Waste Division has no comments. LT notes the DEM-Wastewater Division's comment that proposed structures will be required to connect to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. There are no existing structures at the property. LT and/or the developer of the property will coordinate with the DEM on future connections to the County sewer system when development plans for the property are prepared. Department of Public Works, Engineering Division LT acknowledges that the DPW-Engineering Division defers to the Planning Department regarding the requests to delete Condition B, or otherwise extend it, as well as to delete Condition K. LT also acknowledges that the DPW-Engineering Division has no objection to the request to extend Condition C. With regard to the requests to delete Conditions D and F, LT acknowledges that the DPW- Engineering Division recommends that these conditions remain and that future annual progress reports for the subject ordinance indicate that these conditions have been completed. As was stated in our most recent 2023 annual progress report, the Planning Department has previously acknowledged that Condition D is satisfied. Furthermore, all documentation to demonstrate satisfaction of Condition F has been provided in previous annual progress reports, as the Planning Department has noted in its October 10, 2023 letter acknowledging receipt of the annual progress 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-28450 808-203-6150•ONIPAA.ORG reports for years 2022 and 2023. As these conditions have been satisfied, LT respectfully requests their removal from the amended ordinance. Should you have any questions or require additional information, please feel free to contact me at (808) 203-6150 or via email at besmeralda@onipaa.org. Mahalo, Bryan K. Esmeralda, AICP Manager, Land Planning CC: Sidney Fuke, Planning Consultant(Via email) 1100 ALAKEA STREET,SUITE 1100•HONOLULU,HAWAI'I 96813-28450 808-203-6150•ONIPAA.ORG