HomeMy WebLinkAboutCOM 0682.000 1998-2000 .v a
~ ~ William G. Davis
F-~~ ~ , Managing Director
Stephen K. Yamashiro '
Ma or t Henr Cho
i - ~ 1 O l~J Y
~ ~ ~ v L7 ~ 47 Deputy Managing Director
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~OlI2i~~1 D~ ~tI~ll~itt
25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Pax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
February 23, 2000
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 93-66 (REZ 743)
Applicant: Liliuokalani Trust
Request: Time Extension to Condition B (Water Requirements for Lot 2)
Tax Map Key: 7-4-8:Portion of 12
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely,
i
ephen K. Ya shiro
Mayor
LLiliuokalaniTrustMA Y
Enclosures
cc: Planning Department
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Comm. No.
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Nile No. zN ~ ~aC/~ ~
Ref. Tot pG r
Ref• Date MAR 0 12000
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Stephen IG Yamaehiro ,e~
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KLIIIIItf~1 II~ ~tC~1I?Itt
PLANNING COMMISSION
TS Aupuni Street. Room 109 • Hilo, Hawaii %7204252
(808) %1-8288 • Fax (808) %1-9615
FEB 2 3 X000
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, H[ 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 93-66 (REZ 743)
Applicant: Liliuokalani Trust
Request: Time Extension to Condition B (Water Requirements for Lot 2)
Tax Map Key: 7-4-8:Portion of 12
The Planning Commission, after a duly held public heazing on February 4, 2000, voted to
recommend For your approval the proposed legislative bill to amend Condition B (time extension
to meet water requirements for Lot 2) of Ordinance No. 93-66 which changed the district
classification from Unplanned (U) to Office Commercial (CO-10), General Commercial (CG-10)
and Open (O) for approximately 315 acres of land. The property is located at the northeast
comer of the intersection of Palani Road and Queen Ka'ahumanu Highway, Keahuolu, North
Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance No. 93-66, to Condition B (time extension to meet water requirements for
Lot 2). The request will allow aten-year extension of time in which to comply with
Condition B of Ordinance No. 93-66; more specifically, an extension of time from
October 24, 1999 through October 23, 2010 in which to meet the water requirements
for the development. The applicant is requesting the extension in order to: 1) fulfill
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
conditions for the effective zoning of Lot 2, and 2) secure funding in order to complete
the project.
During the past years, the applicant has completed infrastructure requirements
and has continued to develop the property to fulfill the requirements of its zoning. The
applicant has completed the following: 1) the construction of onsite and offsite
infrastructure for the first increment regarding Lot 1 (49.9 acres) was completed in
November 1994. Kmart was opened on November 17, 1994 and Liberty House was
opened on June 28, 1997. The Trust has finalized negotiations with Wallace Theaters
to lease a portion of the remaining 7.6 acres between the two department stores;
2) construction of a water system (well, pump, control building, reservoir, waterline
and access road was accepted by the Department of Water Supply in August 1996; 3) a
master plan was submitted and accepted by the Planning Department in October 1994;
4) archaeological mitigation plan for the entire project area (Phases I, II, and III Urban
District lands) was approved by the State Historic Preservation Division with
concurrence from the Planning Department; 5) all mitigation required for the Kmart
and Liberty House project as well as the needed infrastructure (roads, water, sewer
etc.) for the project were accomplished; 6) State Historic Preservation Division has
agreed that all remaining archaeological work in the 315 acre Phase I area, including
the 28 acre archaeological preserve must be completed; 7) construction of the first stage
of Makala Boulevard was completed in October 1994 and will be incrementally
extended toward the Mid-Level Road as subsequent phases of Makalapua project are
developed; 8) channelized intersection at the intersection of Makala Boulevard and
Queen Kaahumanu Highway meeting with the approval of the State Department of
Transportation Highways Division was constructed; 9) Interior roadways (Luhia and
Makala Boulevard) have also been constructed with the approval of the Department of
Public Works.
The applicant has continued its efforts to proceed with the development.
Non-performance is the result of conditions that were beyond the control of the
applicant and has not been the result of their fault or negligence. Further, the granting
of this extension of time for ten years would not be contrary to the General Plan,
Zoning Code or the original reasons for granting the change of zone.
Minor changes were also made to Condition J for clarity.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
For your favorable consideration, an amendment to Ordinance No. 93-66, of the County Zoning
Code is transmitted.
We are enclosing a copy of the request and a copy of the staff background for your information.
Sincerely,
Richard B. Baker, Jr., Chairman
Planning Commission
Lli I iuokalanitrustPC
Enclosures
cc: Mc James R. Bell
Benjamin Kudo, Esq.
Mr. Frank Jahrling
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
'
y It, ,
~li i ~a
BELT COLLIN~y
August 25, 1999
1999-45-0200/99A-528
'~9 OCT 25 PPl 2 03
Ms. Virginia Goldstein CCU"iT~r Cr r;,',~1;;11
Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Conditions B and R
Ordinance 93-66
Queen Liliuokalani Trust
TMK 7-4-20: 9, 10, 11, 12, 13, 14 & 15
North Kona, Keahuolu. Island of Hawaii
Request for Time Extension
On behalf of Liliuokalani Trust, we are requesting a time extension of ten years to fulfill the
requirements of the zoning granted pursuant to Ordinance 93-66 for the parcel of land identified
as Lot 2 of TMK 7-4-08: 12. This extension is being requested pursuant to Condition R of
Ordinance 93-66.
Ordinance 93-66
Ordinance 93-66 approved the district reclassification of approximately 315 acres of
Queen Liliuokalani Trust's Keahuolu lands. The Ordinance made changes to the district
classification effective in two increments (Lot 1 comprising the first increment and consisting of
49.9 acres, and Lot 2 comprising the second increment and consisting of the remaining 265.1
acres).
Condition B of Ordinance 93-66 stipulated that "the applicant shall fulfill the requirements
of this condition for the zoning of Lot 2 within five (5) years after the effective date of zoning for
Lot 1 The Planning Department certified the effective date of zoning for Lot 1 as October 4,
1993 (deadline for Lot 2 thus set for October 4, 1998). Condition R of Ordinance 93-66 allowed
the Planning Director to grant an initial extension of time for the performance of conditions. On
September 24, 1998, Liliuokalani Trust was granted a one year extension to fulfill the requirements
for Lot 2 by the Planning Director.
Condition R also stipulates that additional requests for extensions of time need to be
submitted to the County Council by the Planning Director at the applicant's request. As the
deadline for the one year extension (October 24, 1999) is now approaching, we are submitting
this request to the Planning Department for further review before the County Council.
BELT COLLINS HAWAII LTD. • 680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 96813-540fi U.S.A.
TEL: 808 527.5361 FAX: 808 538-7819 EMAIL: hawaii®bel¢ollins.com WEB: www~.bel¢ollins.cnm
PLANNING ENGINEERING •LANDSCAPE ARCHITECTURE •ENVIRONMENTAL CONSULTING ~ _
HAWAII • SINGAPORE • HONG KONG • AUSTRALIA • THAILAND • MALAYSIA • PHILIPPINES • GUAM • SEATTLE • SWTTSDALE 1" ~ C
Reh Cnlbne Hxwxu n nn EYUeI OPP^rtm¢y EmPlmee.
•
• •
Ms. Virginia Goldstein
August 25, 1999 - 99A -528
Page 2
Background
The subject area is earmarked for Urban Expansion on the General Plan. The County's
granting of the zone change follows the General Plan by allowing commercial zoning in an area
earmarked for future development growth in the Kailua -Kona area. Ordinance 93 -66's granting of
the zone change in two increments allowed incremental zoning of the property coinciding with
anticipated incremental development of QLT's lands.
Liliuokalani Trust is committed to fulfilling the requirements for its zoning, including
completion of Lot 1 prior to the start of development of Lot 2. In spite of the prevailing market
conditions which were unforeseen by the Trust at the time of Ordinance 93 -66, the Trust
continues to actively pursue potential lessees and developers for Lot 1, with the hopes of
completing Lot 1 as early as possible.
To date, development (comprising of the Kmart and Liberty House Department Stores) has
occurred on approximately 18 of Lot 1's 49.9 acres. The Trust has finalized negotiations for
Wallace Theaters to lease a portion of the remaining 7.6 acres between the two department stores.
The request for the ten -year extension to complete Lot 1 and fulfill conditions for the
effective zoning of Lot 2 reflects the Trust's understanding of the prevailing market conditions in
West Hawaii and the minimum time necessary to approach completion of Lot 1. Additionally, the
Trust is unable to commit funds at this time to satisfy the infrastructure requirements for Lot 2's
zoning.
The granting of the time extension would allow the Trust greater flexibility to fulfill the
objectives of the General Plan, the Zoning Code, and the original reasons for the County's granting
of the zone change.
On behalf of the Trust, we look forward to the Council's favorable consideration, and we
thank you for your assistance in bringing this request before the Council. Should you have any
questions or comments, please do not hesitate to call me at (808) 521 -5361.
Sincerely,
BELT COLLINS HAWAII LTD.
/
James R. Bell
GY:JRB:gk
cc: Frank Jahrling
Ben Kudo
BLILIUO I . emm-01 /26/00
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROLrND FpORT
LILIUOKALANI TRUST
TIME EXTENSION TO CONDITION B (WATER REQUIREMENTS
FOR LOT 2)
CHANGE OF ZONE ORDINANCE NO. 9~-66
LILIUOI{ALANI TRUST has submitted a request to amend Condition B (time
extension to meet water requirements of Lot 2) of Ordinance No. 93-66 (REZ 743) which
changed the district classification from Unplanned (U) to Office Commercial (CO-10), General
Commercial (CG-10), and Open (O) for approximately 315 acres of land. The property is
located at the northeast corner of the intersection of Palani Road and Queen Ka'ahumanu
Highway, Keahuolu, North Kona, Hawaii, TMK: 7-4-8: Portion of 12.
GENERAL INFORMATION
1. Queen Liliuokalani Trust is the fee simple owner of the subject property.
CHRONOLOGY
2. August 28, 1991: The State Land Use Commission reclassified 919.366 acres from the
State Land Use Agricultural District to the Urban District and 188.358 acres from the
Conservation District to the Urban District. TMK: 7-4-8: portion of 12 consists of
357.03 and 188.358 acres (Phase I and II). TMK: 7-4-8: portion of 2 (Phase III)
consists of 212.33 acres, subject to incremental districting. The Land Use Commission
approved the incremental development with the provision that reclassification from
Conservation and Agricultural Districts to Urban District would be granted upon prima
facie showing that substantial completion of Phase I and II have been completed.
3. Juue 16, 1993: Effective date of Ordinance No. 93-66, which rezoned approximately
315 acres of land form Unplanned (U) to Office Commercial (CO-10), General
Commercial (CG-10) and Open (O). The changes to the district classification become
effective in two increments. The first increment is comprised of Lot 1 consisting of 49.9
acres zoned CG-10 and the second increment is comprised of Lot 2 consisting of the
remaining 265.1 acres of which 123.9 acres are zoned CG-10, 28 acres zoned Open and
113.2 acres zoned CO-10. (See Exhibit A)
t. J
4. December 7,1996: Effective date of Ordinance No. 96-160. Section 25-3-1(b) of
Ordinance No. 96-160 redesignated building sites within the Unplanned district as
Agricultural (A-Sa) and redesignated building sites within the Commercial Office (CO)
district as General Commercial (CG). Therefore, all references to the azeas zoned
Unplanned have been change to Agricultural (A-Sa); and references to Commercial
Office (CO) have been changed to General Commercial (CG).
5. September 24, 1998: Planning Director grants administrative extension of time until
October 4, 1999 in which to comply with the requirements of Condition B of Ordinance
No. 93-66.
PROPOSED DEVELOPMENT
6. The applicant is requesting a time extension often years to fulfill the requirements of the
zoning granted in Ordinance No. 93-66.
7. Objectives: "The request for the ten-year extension to complete Lot 1 and fulfill
conditions for the effective zoning of Lot 2 reflects the Trust's understanding of the
prevailing mazket conditions in West Hawaii and the minimum time necessary to
approach completion of Lot 1. Additionally, the Trust is unable to commit funds at this
time to satisfy the infrastructure requirements of Lot 2's zoning.
"The granting of the time extension would allow the Trust greater flexibility to fulfill the
objectives of the General Plan, the Zoning Code, and the original reasons for the
County's granting of the zone change.
8. The applicant has submitted the following in support of the request: (See Exhibit B -
Letter dated August 25,1999)
STATE AND COUNTY PLAN$
9. SLUC : Urban.
10. General Plan LUPAG Map: High Density Urban Development.
11. K to K Development Plan: Urban Expansion.
12. County Zoning: General Commercial, and Open.
13. SMA: The parcel is not located within the Special Management Area.
DE iPTION OF UB F. T PRO .RTY AND R_RO NDIN - AREA
14. Present Use and Physical Characteristics: Approximately 18 acres of the project area
are developed with commercial buildings including I{mazt and Liberty House
-2-
Department Stores. The Trust has finalized negotiations for Wallace Theaters to lease a
portion of the remaining 7.6 acres between the two department stores. The remaining
lands aze unimproved.
15. Surrounding Zoning/Land Uses: The surrounding area consists vacant lands owned by
the Queen Lili'uokalani Trust. Industrial and commercial uses aze located to the north
and east. The County's Kailua Park and the Old Kona Airport State Recreation Area are
located to the west.
PUBLIC FACILITIES AND SERVICES
16. Access: Access to the site is provided by Makala Boulevazd, a two-lane County
roadway, which has a pavement width of 24 feet within a 80 feet right-of--way.
17. Utilities: Water, electrical and telephone service will be made available to the property.
AGENCIES' COMMENT
18. Department of Public Works (November 5, 1999 Memo):
"We have reviewed the subject application and have no comments."
19. Department of Water Supply (December 1, 1999 Memo):
"We have no objections to the subject request. The water system will be privately
owned and operated."
20. Police Department (November 15,1999 Memo):
"Staff reviewed the above-referenced application and does not believe the request will
negatively impact police services in the azea."
21. Real Property Tax Office (November 9,1999 Memo):
"There aze no comments at this time.
"All taxes are paid through December 31, 1999. Parcel `015' is a roadway parcel and is
not taxed."
22. Department of Transportation (November 10, 1999 Memo):
"We have no objections to this application."
-3-
23. Department of Transportation (November 23, 1999 Memo):
"Thank you for requesting our review of the proposed amendment of Condition B of the
referenced Zone Ordinance to allow for a time extension of ten years to fulfill the
requirements of Lot 2 of the referenced Zone Ordinance.
"We have no objections to the proposed time extension."
AGENCIES - NO RESPONSE
24. Fire Department.
PUBLIC COMMENTS
25. The Department has not received any objections from the general public or adjacent
landowners.
-4-
t
.
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 6a
(Draft 3.
ORDINANCE NO. 93 66
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, HY CHANGING THE
DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO OFFICE COMMERCIAL
(CO-10), GENERAL COMMERCIAL (CG-10) AND OPEN (O) AT KEAHUOLU, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-OS:PORTION OF 12.
BE IT ORDAINED HY THE COUNCIL OF THE COUNTY OF HAWAIZ:
SECTZON 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated"at Keahuolu, North Kona, Hawaii, shall be Office
Commercial (CO-10):
PARCEL 1:
Beginning at the north corner of this parcel of land, the
coordinates of said point off.-beq.~nninq referred to
Government Survey Triangulation Station "KEAHUOLU" being
3,318.15 feet north and 10,919.89 feet east, thence running
y azimuths measured clockwise from True South:
1. 331° 11' 853.73 feet along Lot 1 of Keahuolu
Subdivision (File Plan 2041);
2. Thence along Lot 1 of Keahuolu Subdivision (File
Plan 2041), on a curve to
the right with a radius of
10,000.00 feet, the chord
azimuth and distance being:
EXHIBIT
A„
331° 49' 30" 223.98 feet;
3. 332° 28' 1,064.45 feet along Lot 1 of Keahuolu
Subdivision (File Plan 2041);
4. Thence along Lot 1 of Keahuolu Subdivision (File
Plan 2041), on a curve to
the left with a radius of
6,000.00 feet, the chord
azimuth and distance being:
330° 59' 310.63 feet;
5. 329° 30' 647.26 feet along Lot 1 of Keahuolu
Subdivision (File Plan 2041);
6. 59° 30' 166.00 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
7. 90° 30' 164.87 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
8. 11° 23' 41.32 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
9. 73° 45' 1,276.90 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
10. 179° 53' 288.02 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
11. 186° 02' 1,064.94 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
12. Thence along the remainder of Lot 2 of Keahuolu
Subdivision (File Plan
2041), on a curve to the
right with a radius of
1,240.00 feet, the chord
azimuth and distance being:
101° 48' 47.5" 395.23 feet;
-2-
13. 110° 59' 385.97 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
14. Thence along the remainder of Lot 2 of Keahuolu
Subdivision (File Plan
2041), on a curve to the
left with a radius of
1,530.00 feet, the chord
azimuth and distance being:
88° 56' 10.5" 1,148.63 feet;
15. 132° 38' 320.32 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
16. 156° 58' 596.89 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
17. 250° 35' 1,145.81 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
18. Thence along the remainder of Lot 2 of Keahuolu
Subdivision (File
Plan 2041), on a curve to
the left with a radius of
7,000.00 feet, the chord
azimuth and distance being:
245° 53' 1,147.14 feet;
19. 241° 11' 204.50 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan
2041), to the point of
beginning and Containing
area of 114.018 Acres, more
or less. (Refer to Parcel 1
as shown on Exhibit "A".)
The district classification of the following area
situated at Keahuolu, North Kona, Hawaii, shall be
Open (O):
-3-
PARCEL 2:
Beginning at the east corner of this parcel of land, on the
northwesterly side of Palani Road, the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "KEAHUOLU" being 8.89 feet north and
12,792.22 feet east, thence running by azimuths measured
clockwise from True South:
1. Along the northwesterly side of Palani Road, on a curve
to the right with a radius
of 1,890.10 feet, the chord
azimuth and distance being:
62° 29' 36" 319.86 feet;
2. 67° 20• 50" 1,064.55 feet along the northwesterly
side of Palani Road;
3. Thence along the northwesterly side of Palani Road, on
a curve to the left with a
radius of 736.80 feet, the
chord azimuth and distance
being:
63° 33' 06" 97.55.-feet;
4. 147° 25• 32" 42.21 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
- 5. Thence along the remainder of Lot 2 of Keahuolu
Subdivision (File Plan
2041), on a curve to the
left with a radius of
905.00 feet, the chord
azimuth and distance being:
125° 32' 24.5" 674.68 feet;
6. 179° 53' 283.39 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
7. 253° 45' 1,276.90 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
8. 191° 23' 41.32 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
-4-
9. 270° 30' 164.87 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
10. 239° 30' 166.00 feet along the remainder of
Lot 2 of Keahuolu
• Subdivision (File Plan 2041);
11. 329° 30' 673.68 feet along the remainder of
Lot 1 of Keahuolu
Subdivision (File Plan 2041);
12. Thence along Lot 1 of Keahuolu Subdivision (File
Plan 2041), on a curve to
the left with a radius of
30.00 feet, the chord
azimuth and distance being:
283° 34' 11" 43.11 feet
to the point of beginning
and containing area of
28.202 Acres, more or less.
(Refer to Parcel 2 as shown
on Exhibit "A".)
The district classification of the following area
situated at Keahuolu, North Kona, Hawaii, shall be General
Commercial (CG-10):
PARCEL 3:
Beginning at the west corner of this parcel of land, on the
northeasterly side of Queen Kaahumanu Highway, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KEAHUOLU" being
1,624.55 feet north and 7,041.56 feet east, thence running
by azimuths measured clockwise from True South:
1. 238° 45' 258.82 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
2. Thence along the remainder of Lot 2 of Keahuolu
Subdivison (File Plan 2041),
on a curve to the right with
a radius of 6,000.00 feet,
the chord azimuth and
distance being:
-5-
244° 40' 1,236.98 feet;
3. 250° 35' 246.21 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
4. 336° 58' 596.89 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
5. 312° 38' 320.32 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
6. Thence along the remainder of Lot 2 of Keahuolu
Subdivision (File
Plan 2041), on a curve to
the right with a radius of
1,530.00 feet, the chord
azimuth and distance being:
268° 56' 10.5` 1,148.63 feet;
7. 290° 59' 38-5.97 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
B. Thence along the remainder of Lot 2 of Keahuolu
_ Subdivison (File Plan 2041),
on the curve to the left
- with a radius of
1,240.00 feet, the chord
azimuth and distance being:
281° 48' 47.5" 395.23 feet;
9. 6° 02' 1,064.94 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
10. 359° 53' 511.91 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
11. Thence along the remainder of Lot 2 of Keahuolu
Subdivision (File
Plan 2041), on a curve to
the right with a radius of
905.00 feet, the chord
azimuth and distance being:
-6-
305° 32' 24.5" 674.68 feet;
12. 327° 25' 32" 42.21 feet along the remainder of
Lot 2 of Keahuolu
Subdivision (File Plan 2041);
13. Thence along the northwesterly side of Palani Road,
on a curve to the left with
a radius of 736.80 feet, the
chord azimuth and distance
being:
48° 43' 19" 282.04 feet;
14. 36° 48' 20" 270.42 feet along the northwesterly
side of Palani Road;
15. Thence along the north corner of the intersection of
Palani Road and Queen
Kaahumanu Highway, on a
curve to the right with a
radius of 200.00 feet, the
chord azimuth and distance
being:
76° 19' 20" 254.52 feet;
16. 115° 50' 20" 257.75 feet along the northeasterly
_ side of Queen Kaahumanu
Highway;
17. 111° 15' 54" 250.80 feet along the northeasterly
side of Queen Kaahumanu
Highway;
18. 115° 50' 20" 750.00 feet along the northeasterly
side of Queen Kaahumanu
Highway;
19. 25° 50' 20" 10.00 feet along the northeasterly
side of Queen Kaahumanu
Highway;
20. 115° 50' 20" 613.60 feet along the northeasterly
side of Queen Kaahumanu
Highway;
-7-
21. Thence along the northeasterly side of Queen Kaahumanu
Highway, on a curve to the
right with a radius of
4,960.00 feet, the chord
azimuth and distance being:
132° 17' 40" 2,810.05 feet
to the point of beginning
and containing
172.666 Acres, more of
less. (Refer to Parcel 3 as
shown on Ezhibit "A".)
All as shown on the map attached hereto, marked
Ezhibit "A" and by reference made a part hereof.
SECTION 2., These changes in district classification are
made subject to 'the following conditions: (A) the applicant,
its successors or assigns, hereinafter collectively referred to
as "the applicant," shall be responsible for complying with all
of the stated conditions of approval; (B) the changes in
district classification shall become effective in two
increments. The first increment shall be comprised of "Lot 1"
consisting of 49.9 acres zoned CG-10 and the second increment
shall be comprised of "Lot 2" consisting of the remaining 265.1
acres, of which 123.9 acres are zoned CG-10, 28 acres zoned
Open and 113.2 acres zoned CO-10, both increments are as
described in Ezhibit "B" attached hereto and made a part
hereof. The rezoning for Lot 1 shall become effective when the
applicant either (1) has received a written commitment from the
Department of Water Supply, subject only to reasonable and
customary limitations on the water usage and availability, for
-8-
the amount of water supply deemed necessary for the applicant's
proposed uses within Lot 1; or (2) has provided assurances
satisfactory to the Departments of Water Supply and Planning,
upon consultation with the State Department of Health and State
Department of Land and Natural Resources, that a water
source(s) of sufficient quality and quantity for the
applicant's proposed uses within Lot 1 has (have) been
established, and that an agreement has been entered into with
the County through its Departments of Water Supply and
Planning, together with the appropriate band, surety or other
security deemed acceptable by the Planning Director, for the
actual development of a proven source(s) and its water
transmission and distribution system. The rezoning for Lot 2
shall become effective when the applicant has provided
assurances satisfactory to the Departments of Water Supply and
Planning, upon consultation with the State Department of Health
and the State Department of Land and Natural Resources, that a
water source(s) of sufficient quality and quantity for the
applicant's proposed uses within Lot 2 has (have) been
established and has entered into an agreement with the County
through its Departments of Water Supply and Planning, together
with the appropriate bond, surety or other security deemed
acceptable by the Planning Director, for the actual development
of a proven source(s) and its water transmission and
distribution system. Provided, however, that the applicant
shall fulfill the requirements of this condition for the zoning
-9-
of Lot 1 within three (3) years from the effective date of this
ordinance and for zoning of Lot 2 within five (5) years after
the effective date of zoning for Lot 1. No time eztensions
granted pursuant to Condition (R) of this ordinance shall
cumulatively exceed one (1) year for each lot, notwithstanding
any other provisions to the contrary contained therein. The
actual effective date of zoning for each lot shall be certified
in writing by the Planning Director upon the determination that
the applicant has satisfied the requirements of Condition (H)
for each lot; (C) a Master Plan for the subject property (Phase
I consisting of 315 acres) shall be submitted to the Planning
Director within one (1) year from the effective date of the
rezoning of Lot 1. The Master Plan shall set forth and
generally describe the following: size and shape of each
development phase (A-1, A-2, A-3, etc.), the proposed uses
therein, infrastructure systems including public facilities,
roadways and bike lanes, estimated phasing of infrastructure
and site development, landscaping-and environmental/physical
theme or image, and other topics deemed appropriate by the
applicant; (D) a detailed Historic Preservation Plan to treat
the 32 significant historic sites in the project area and for
data recovery of 123 sites significant for their information
content shall be reviewed and approved by the Planning
Department, in consultation with the State Department of Land
and Natural Resources-Historic Preservation Division, prior to
submitting plans for plan approval review or subdivision
-10-
review, whichever occurs first. This Plan shall consist of a
detailed archaeological data recovery plan (scope of work with
research design) and a detailed preservation plan. The
Planning Department and the State Department of Land and
Natural Resources Historic Preservation Division shall verify
in writing the successful execution of the plan, prior to land
altering activities in the area of historic sites. Proposed
mitigation treatment (preservation in place or
disinterment/reinterment) for burial sites must be approved by
the State Department of Land and Natural Resources before
detailed mitigation plans are finalized for these sites; (E)
should any unidentified sites-or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or coral
alignments, paving, or walks be encountered, work in the
immediate area shall cease and the Planning Department shall be
immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it
finds that sufficient mitigative measures have been taken; (F)
preliminary vehicular access to Lot 1 from Queen Kaahumanu
Highway (i.e., Queen Liliuokalani Blvd.) shall meet with the
approval of the State Department of Transportation and
preliminary vehicular access to Lot 1 from Palani Road (i.e.,
Main Street Promenade) shall meet with the approval of the
Department of Public Works. The "Main Street Promenade" shall
be constructed and connected between Queen Liliuokalani Blvd.
and Palani Road, in two (2) stages. The first stage shall
-11-
consist of a preliminary vehicular access (hereinafter defined
as road improvements constructed to non-dedicable standards
meeting with the safety and design requirements of the
`Department of Public Works) connecting Queen Liliuokalani
Boulevard to Palani Road prior tp the issuance of the first
certificate of occupancy for Lot 1. The second stage shall
consist of upgrading the preliminary vehicular access to
.dedicable standards including curb, gutter, and sidewalk
improvements concomitant with the development of all CG-10
zoned lands. The appropriate incremental plans for these
roadway improvements shall be submitted to the Department of
Public Works for review and approval; (G) vehicular access
points onto Queen Liliuokalani Boulevard shall meet with the
approval of the Department of Public Works. The Queen
Liliuokalani Boulevard shall be constructed and connected
between Queen Kaahumanu Highway and the "Mid-Level Road" in two
(2) stages. The first stage shall consist of a preliminary
vehicular access (as defined in Condition F) connecting Lot 1
with Queen Kaahumanu Highway. The preliminary vehicular access
shall be extended toward the Mid-Level Road on an incremental
basis concomitant with each related phase of development. The
second stage shall consist of upgrading the preliminary
vehicular access to dedicable standards including curb, gutter,
and sidewalk improvements, concomitant with the development of
CO-10 zoned lands within Lot 2; (H) the applicant shall install
improvements, which may include signalization at the "Main
-12-
Street Promenade"/Palani Road intersection meeting the approval
of the Department of Public Works. The strip of land fronting
the subject property for additional right-of-way along Palani
Road to allow for future road widening to the 80-foot
right-of-way mandated by the County General Plan shall be
subdivided and dedicated to the County upon its request. The
applicant shall construct an extension of Luhia Street
connecting to Queen Liliuokalani Boulevard as a preliminary
vehicular access (as defined in Condition F) meeting with the
approval of the Department of Public Works on or by December
31, 1995. Pzior to the issuance of certificate of occupancy
for any portion of Lot 1, the applicant shall construct the
proposed Queen Liliuokalani Boulevard extension west (makai) to
connect with Kuakini Highway as a preliminary vehicular access
(as defined in Condition F) meeting with the approval of the
Department of Public Works, except that, that portion of the
extension of Ruakini Highway to the Queen Liliuokalani
Boulevard extension may consist of upgraded improvements
meeting with the approval of the Department of Public Works;
(I) the applicant shall inform the Department of Public Works
on a timely basis of archaeological surveys and reports which
may impact the layout and design of the "Mid-Level Road". The
applicant shall dedicate to the county upon its request the
portion of lands owned by the applicant as delineated within
the right-of-way of the "Mid-Level Road" which includes its
extension south of Palani Road to the southern boundary of the
-13-
ahupua'a of Keahuolu. Provided that the dedication of lands
for any portion of the "Mid-Level Road" or its extension shall
not be required prior to the applicant's receipt of a
`Certificate of Occupancy for Lot 1. Any participation from the
applicant in the funding and dedication of roadway and traffic
improvements shall not exceed its pro rata share of said
improvements made necessary by the increased traffic resulting
from the applicant's development of the subject property; (J)
the applicant shall meet with the requirements of the
Department of Transportation-Highway Division the development
of the subject property. Provided however, that the
signalization of the Queen Liliuokalani Boulevard-Queen
Kaahumanu Highway intersection meeting the approval of the
Department of Transportation-Highway Division shall be
installed prior to issuance of a certificate of occupancy for
_ any portion of the subject property; (K) an overall landscaping
master plan, which includes landscaping along the property's
frontages along Palani Road and Queen Kaahumanu Highway and a
program for the ongoing maintenance of the landscaping in
accordance with the landscaping master plan, shall be submitted
to the Planning Director for review and approval, in
consultation with the Chief Engineer prior to the issuance of
final subdivision approval and/or final plan approval,
whichever occurs first; (L) the applicant shall install bike
routes or lanes throughout the project where required by the
Planning Director in consultation with the Chief Engineer as a
-14-
matter of pedestrian and bicyclist safety; (M) a drainage
system shall be installed meeting with the approval of the
Department of Public Works; (N) the applicant shall construct
all on site and off site sewer system improvements required by
the Department of Public Works and State Department of Health;
(O) comply with all applicable laws, rules, regulations and
requirements, including those of the Department of Health,
Fire, and the Department of Water Supply; (P) an annual
progress report shall be submitted to the Planning Director
prior to the anniversary date of the permit. The report shall
include, but not be limited to, the status of the development
and to what eztent the conditions of approval are being
complied with. 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; (Q) should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the
Unified impact Fees Ordinance; and, (R) an initial extension of
time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following
circumstances: a) 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, (i.e. which
shall include, but not be limited to, the presence of
-15-
archeological trails or sites or the presence of endangered
species of flora or fauna) and that are not the result of their
fault or negligence; b) granting of the time extension would
not be contrary to the general plan or zoning code; c) granting
of the time eztension would not•be contrary to the original.
reasons for the granting of the change of -zone; d) the time
extension granted shall be for a period not to ezceed 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 e) 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. 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 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-16-
SECTION 4. This ordinance shall take effect upon its
approval.
IN1TR,ODU~CE-D' BY:
6th
VI~I~hYw ~
COUNCIL MEMB R, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: June 2, 1993
Date of 1st Reading: June 2, 1993
Date of 2nd Reading: June 16, 1993
Effective Date: June 22, 1993
APPROVED AS TO FORM AND LEGALITY:
CEF~ CORPORATION COUNSEL
DATED : G,~L- Z~9 3
-17-
2
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1274'-.T2 E.
MAP SHOWING
PROPOSED ZONING CHANGES
At Keahuolu. North Kona. Island of Hawal 1, Haualt
re. xro r21 >-w5~ ovum Iz
OMEA:
tll luokalanl Trust
c/o Flrst Nawellan Bank
Trust Dlrl slon
P.O. Ba. T100
xonelulu. xe.ui 96801
ifEPA)ED eY:
eE1T COLLINS 6 ASSOCIATES
990 +I2 xoens 8ovlerera
Fvst FIOY
NOTES: ~~.1~~.. x».,~~ 96eu
L COOrOmetes rel erred L0 'KEAHALU- D
MARCH 10, ~?I°»
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EXHIBIT B ; ;
. _
Liliuokalani'fr~st,l<eahuolu Lands ~ ~'~i;-' r
Helt Collins 5c Associates /
.~...:...w.~•~.,~.P...~..w. . ~ mo~Ym
~ ' % kilns 1.11A1 lobm Peat i
BELT COLLINS
August 25, 1999
1999-45-0200/99A-528
Ms. Virginia Goldstein
Director
Planning Department ,
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720 -
Dear Ms. Goldstein:
Conditions B and R
Ordinance 93-66
Queen Liliuokalani Trust
TMK 7-4-20: 9, 10, 11, 12, 13, 14 & 15
North Kona. Keahuolu. Island of Hawaii
Request for Time Extension
On behalf of Liliuokalani Trust, we are requesting a time extension of ten years to fulfill the
requirements of the zoning granted pursuant to-Ordinance 93-66 for the parcel of land identified
as Lot 2 of TMK 7-4-08: 12. This extension is being requested pursuant to Condition R of
Ordinance 93-66.
Ordinance 93-66
Ordinance 93-66 approved the district reclassification of approximately 315 acres of
- Queen Liliuokalani Trust's Keahuolu lands. The Ordinance made changes to the district
classification effective in two increments (Lot 1 comprising the first increment and consisting of
49.9 acres, and Lot 2 comprising the second increment and consisting of the remaining 265.1
acres).
Condition B of Ordinance 93-66 stipulated that "the applicant shall fulfill the requirements
of this condition for the zoning of Lot 2 within five (5) years after the effective date of zoning for
Lot 1." The Planning Department certified the effective date of zoning for Lot 1 as October 4,
1993 (deadline for Lot 2 thus set for October 4, 1998). Condition R of Ordinance 93-66 allowed
the Planning Director to grant an initial extension of time for the performance of conditions. On
September 24, 1998, Liliuokalani Trust was granted a one year extension to fulfill the requirements
for Lot 2 by the Planning Director.
Condition R also stipulates that additional requests for extensions of time need to be
submitted to the County Council by the Planning Director at the applicant's request. As the
deadline for the one year extension (October 24, 1999) is now approaching, we are submitting
this request to the Planning Department for further review before the County Council.
EXHIBI~6 b"'
BELT COLLINS HAWAII LTD. • 680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 96813-5406 U.S.A.
TEL: 808521-5361 FAX: 808538-7819 EMAIL: hawaii®beltcollins.com WEB: www.helmollins.com
PLANNING ENGINEERING LANDSCAPE ARCHITECTUREENVIRONMENTAL CONSULTING -
HAWAII SINGAPORE HONG KONG AUSTRALIA THAILAND MALAYSIA PHILIPPINES • GUAM SEATTLE ~4-
od, Collins Hawav a an EQUd Opp^eui^~~Y Employer.
Ms. Virginia Goldstein
August 25, 1999 - 99A-528
Page 2
Background
The subject area is earmarked for Urban Expansion on the General Plan. The County's
granting of the zone change follows the General Plan by allowing commercial zoning in an area
earmarked for future development growth in the Kailua-Kona area. Ordinance 93-66's granting of
the zone change in two increments allowed incremental zoning of the property coinciding with
anticipated incremental development of QLT's lands.
Liliuokalani Trust is committed to fulfilling the requirements for its zoning, including
completion of Lot 1 prior to the start of development of Lot 2. In spite of the prevailing market
conditions which were unforeseen by the Trust at the time of Ordinance 93-66, the Trust
continues to actively pursue potential lessees and developers for Lot 1, with the hopes of
completing Lot 1 as early as possible.
To date, development (comprising of the Kmart and Liberty House Department Stores) has
occurred on approximately 18 of Lot 1's 49.9 acres. The Trust has finalized negotiations for
Wallace Theaters to lease a portion of the remaining 7.6 acres between the two department stores.
The request for the ten-year extension to complete Lot 1 and fulfill conditions for the
effective zoning of Lot 2 reflects the Trust's understanding of the prevailing market conditions in
West Hawaii and the minimum time necessary to approach completion of Lot 1. Additionally, the
Trust is unable to commit funds at this time to satisfy the infrastructure requirements for Lot 2's
zoning.
The granting of the time extension would allow the Trust greater flexibility to fulfill the
objectives of the General Plan, the Zoning Code, and the original reasons for the County's granting
of the zone change.
On behalf of the Trust, we look forward to the Council's favorable consideration, and we
thank you for your assistance in bringing this request before the Council. Should you have any
questions or comments, please do not hesitate to call me at (808) 521-5361.
Sincerely,
BELT COLLINS HAWAII LTD.
es R. Bell
GY:)RB:gk
cc: Frank Jahrling
Ben Kudo