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Home My WebLink AboutCOM 0821.000 1998-2000 William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho Deputy Managing Director (9II1111fv1 of ptifuzin 25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax(808)326-5663 June 19, 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: Amendment to Change of Zone Ordinance No. 91 27 (REZ 684) Applicant: Liliuokalani Trust Request: Extension of Time to Condition C, Delete Conditions B (Final Subdivision Approval) and E (Donation of Land) Tax Man Key: 7-4-15:15 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, Up r hen K. Y shiro Mayor L060200MAY Enclosures cc: Planning Department G)mrn. No. I rr w Stephen K Yamashiro Mayor to J: O! M~+ Glnnfv of pttfuttii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) %1-8288 • Fax (808) %1-9615 &IN 1 9 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: Amendment to Change of Zone Ordinance No. 91 27 (REZ 684) Applicant: Liliuokalani Trust Request: Extension of Time to Condition C, Delete Conditions B (Final Subdivision Approval) and E (Donation of Land) Tax Many: 7-4-15:15 The Planning Commission, after a duly held public hearing on June 2, 2000, voted to recommend for your approval the proposed legislative bill to amend Condition C (secure Final Plan Approval), and delete Conditions B (Final Subdivision Approval) and E (donation of land) of Ordinance No. 91-27, which reclassified approximately 0.874 acre of land from Open (O) to Village Commercial (CV-10). The property is located on the makai side of Queen Ka`ahumanu Highway between Eho Street and the Kona Coast Shopping Center, 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. 91-27 to ensure that the applicant is not in violation with the time conditions as it continues its proposed development. The request is also to delete certain conditions that have been performed by the applicant and that ensures that the infrastructure impacts and concerns are addressed in a manner that is fair to both the County and the landowner. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The purpose of this request is to amend Conditions C, and to delete Conditions B and E of Ordinance No. 91-27. Ordinance No. 91-27 reclassified approximately 0.874 acres of land from Open (O) to Village Commercial (CV-10). The inability of the applicant to comply with the requirements of Condition C of Change of Zone Ordinance No. 91-27 is a result of conditions which could not have been foreseen or are beyond the control of the applicant. In 1970, Liliuokalani Trust submitted a change of zone application for a portion of the subject parcel consisting of 7.2 acres of land. The request was for a change from General Industrial-1 acre (MG-la) to Village Commercial-10,000 square feet (CV-10) zoned district. A 50-foot wide strip of land fronting the then Kailua-Kawaihae Road was depicted on the site plan submittal as a buffer strip. On June 3, 1987, Ordinance No. 400 was approved which reclassified approximately 6.143 acres land from General Industrial-1 acre (MG-la) to Village Commercial - 10,000 square feet (CV-10). On March 21, 1991, Ordinance No. 91-27 was approved by the County Council which reclassified approximately 0.874 acre of land from Open (O) to Village Commercial (CV-10). The request was conditioned upon retaining a 62-foot wide open strip fronting Queen Ka'ahumanu Highway for "widening" purposes. Final Subdivision Approval was granted on March 24, 1993 by the Planning Director for a three lot subdivision Lot 8-A, 8-13 for Elio Street Extension and Lot 8-C (for highway widening). A dedication deed was executed by the Liliuokalani Trust which donated a 62-foot wide strip of land fronting the project site for roadway purposes as required by Condition E of Ordinance No. 684 on August 1, 1994. On June 10, 1998, Final Subdivision Approval to the State Department of Transportation was granted by the Planning Director for 19 parcels required for the construction of the widening of Queen Ka'ahumanu Highway. The applicant provided the following reasons for each proposed amendment to the conditions: "On behalf of Liliuokalani Trust, we are requesting a time extension for ten years from the effective date of this proposed amendment to fulfill the requirements outlined in Condition C of Ordinance 91-27 for Final Plan Approval to be secured from the Planning Department. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 "As was acknowledged by the Planning Department in its letter dated May 28, 1999, it has been the Trust's intention to submit a new time extension request once a final right-of-way agreement has been reached with the State Department of Transportation for its proposed widening of Queen Kaahumanu Highway. Since our previous Annual Report of April 12, 1999, the State has finalized its acquisition of Trust land between Elio Street and Palani Road for its proposed widening of Queen Kaahumanu Highway. "As a result the Trust is now submitting its request for a time extension based on the following considerations: "1) A request for a ten year extension reflecting the Trust's understanding of prevailing market conditions in West Hawaii and the time frame necessary to identify a prospective developer for the parcel. "2) The Trust has complied and will continue to comply with all conditions within Ordinance 91-27, including its dedication of land to the State of Hawaii for the widening of Queen Kaahumanu Highway. "3) The granting of the time extension will allow the parcel to remain within the Commercial Village zoning district, thereby allowing the parcel to remain consistent with its designation within the General Plan's High Density Urban Development zone. "In addition to this request for time extension, we are asking that Conditions (B) and (E) be deleted, as these conditions have been complied with and all necessary actions by the Trust have been completed." Approval of the request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. Ordinance No. 91-27 reclassified 0.874 acre of land to Village Commercial (CV-10) zoned district. This approval was subject to the above noted conditions, among others. The applicant has continually worked with the Department of Transportation Highways Division for the future expansion of the Queen Ka'ahumanu Highway. The applicant's ability to secure Final Plan Approval of the CV-10 zoned lands was subject to the a final right-of-way agreement with the State Department of Transportation for the widening of Queen Ka'ahumanu Highway. Over the many years, the applicant has been before the Commission, and has shown perseverance in managing the many requirements which they have and to deal with. The applicant has either complied Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 with, or initiated the process of compliance with other conditions of approval within the subject ordinance. For your favorable consideration, an amendment to Ordinance No. 91-27 is transmitted. We are also enclosing a copy of the staff background and applicant's correspondence for your information. Sincerely, 4;L~A, Richard B. Baker, Jr., Chairman Planning Commission LliGuokalaniwsrozPC Enclosures cc: Mr. James R. Bell Department of Public Works Department of Water Supply West Hawaii Office Kazu Hayashida, Director/DOT-Highways, Honolulu