HomeMy WebLinkAboutCOM 0142.000 2000-2002 J~tY Oe
Harry Kim v° • Christopher J. Yuen
Mayor \~`6C6,, _
Director
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• Roy R. Takemoto
~?qr ~.io~`~ ~ ~ _ _ , , . ' ~ ~ _ ~ _ Deputy Director
F Of •p1P
County o~ Hawaii
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 • Fax (808)961-8742
February 28, 2001
Mr. James M. Leonard
PBR Hawaii
Hilo Lagoon Centre, Suite 310
101 Aupuni Street
Hilo, HI 96720-4276
Dear Mr. Leonard:
Change of Zone Ordinance No. 98-129 (REZ 904)
Applicant: Lowe's HIW, Inc.
Annual Progress Report
TMK: 7-5-03: 6;
Thank you for your letter dated January 18, 2001, containing an annual progress report of the
proposed commercial subdivision development as required by Condition O of the above-
described ordinance. We apologize for the delay in responding to your submittal.
To supplement the information provided within your report, we note that subdivision plans were
submitted to this office on February 5, 2001 (Subdivision No. 00-15). As required by Condition
D and E, both Final Subdivision Approval and the completion of construction of the proposed
project shall be completed no later than December 7 2003.
We appreciate the thoroughness of your annual progress report and look forward to the submittal
of your next report on or before December 7, 2001. Copies of your report will be transmitted to
the County Council and Planning Commission for its information. In the meantime, please do
not hestiate to contact Daryn Arai of our West Hawaii Office at 327-3510 should you have any
questions.
Sincerely,
~
~`~CHRISTOPHER J. YUEN
t/ Planning Director
~or~n, No•
enc - on file in Clerk's Office 1~'lle No. _
lief, fio:
5 ~QO~..
Mr. James M. Leonard
February 28, 2001
Page 2
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January 18, 2001
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
SUS~CT: AlOiliiiJ.~L 1'12®GPRESS RAP®It°1`'
NIOIIAL~I C®1Vd1Vi +`12CI1~L VILLA(°r~
~I2DI11T!?DTC~ flmTO. ~~-1~9
Dear Mr. Yuen:
In meeting the requirements of Condition O of the subject Ordinance, the following
is being submitted on behalf of Hawaiian Development Corporation (HDC), as their
Annual Progress Report on the status of development for the Mohala Commercial
Village and compliance with the conditions of approval of Ordinance No. 98-129.
We apologize for the late date of the report which was due on or before December
7, 2000.
Status of D~v~l®pffient
HDC is currently under contract to sell a 12-acre portion of the property that was
rezoned to CG-20 by County Ordinance No. 98-129, to Lowe's HIW, Inc. which has
submitted its plans for Final Plan Approval. HDC will also be submitting an
application to subdivide the 12-acre portion from the remaining property. It is
expected that development of this initial commercial increment will start within
this year (2001).
Following subdivision approval, HDC plans to submit a rezoning application for
the remaining 109-acres which HDC intends to develop as a mixed-use residential
community. Through the rezoning application HDC will be seeking a Project
District Ordinance to allow for a range of residential uses complemented with open
space, park and commercial elements.
t; . ;i . _ :rat k r i.J
7 t. ~C':-., (~,I,: , -CI, .;757 T. ,::Os,i 3_i_i~~.~ J..h-..
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Mr. Christopher Yuen, Director
SIJS6TEC~: A11TliiUAL PIt®G12~SS 1~~1~®ItT
lVIOIrIALA COMMERCIAL VILLAGES
®RDI111AI1TCE N®. 95-129
January 18, 2001
Page 2
Regarding the developer's compliance with the conditions of approval we offer the
following summary.
Coanpliance with Conditions
A. Coanpliance with Conditions of Approval - As set forth below.
B. CoYnpliance with applicable conditions of SLUSH Decision aaad ®rder,
Docl~et IOT®• A94-''7®v; a 2®-foot buffer along the Great ii~all of I~uakini.
Compliance with the SLUEA conditions has been addressed through a
separate annual report to the State Land Use Commission (attached). A 20-
foot buffer has been established along the boundary with the Kuakini Wall
and will be reflected in all development plans for this portion of the
property.
C. Water Co~rrtitxnent Payanent -Water commitment payment, meeting the
requirements of Condition C, was issued to the Department of Water Supply
on May 24, 2000 (see attached letter of confirmation from DPW).
D. Final Subdivision Approval -Final Subdivision Approval will be secured
Wlthln 5 years from the effective date of the Ordinance. As noted HDC
plans to submit plans for subdivision approval within the next month.
E. Construction `8f~ithin ~ Years - Construction of the proposed development
is planned to be completed within five (5) years from the effective date of
Ordinance (Dec. 7, 1998). Plans for Final Plan Approval have been
submitted to the Planning Director for the initial commercial development.
Plans identify the proposed structures, vehicular traffic, paved driveway
access and parking stalls associated with the proposed use. Landscaping
plans for the planned commercial development have also been provided with
plans, as required by Condition E.
F. roadways -All roadways within the proposed development will be improved
in a manner meeting the approval by the Department of Public Works.
G. Access and Intersection Iffiproveanents - All accesses, including
intersection improvements will be designed and constructed in a manner
meeting with the approval by the Department of Public Works.
Mr. Christopher Yuen, Director
SUNJECZ`: ANNUl~L P12OGR~SS REPORT
NIO~Il~IdA CO1VIl0lIE12CIAI. VILL.~GES
ORDINANCE NO. 98-129
January 18, 2001
Page 3
H. Ignpr®vexnents at Queen I~a'ahugnanu gliglaway - An additional left-turn
lane for the west-bound traffic turning south onto Queen Ka'ahumanu
Highway will be accommodated by converting the existing through lane into
a shared left-turn/through lane, along with restriping to the intersection
and changing the existing signalization, as required. All proposed
improvements are subject to the approval of the Department of Public
Works and the State Department of Transportation and will be implemented
in conjunction with the initial commercial development.
I. Sewer Lines - As a component of the project development, sewer lines to
connect with the Kealakehe Wastewater Treatment Plant will be installed in
a manner meeting the approval by the Department of Public Works.
J. Drainage Study - A Drainage Study will be submitted for the review and
approval by the Department of Public Works and, if required, submitted to
the Federal Emergency Management Agency (FEMA) for issuance of a letter
of map revision (LOMAR) or a Physical Map Revision (PMR) prior to
construction.
K. Solid waste 14~Ianagem~ent Plan - A copy of the Solid Waste Management
Plan has been submitted for approval to the Department of Public Works.
A copy of the approved plan will also be provided to the Planning
Department for its files.
L. Landscape Plan - A Landscape Pan has been submitted with the plans for
Final Plan Approval for the initial commercial development.
M. Cognply with Other Laws, Mules and Regulations -The proposed
commercial development of the Mohala property will comply will all other
applicable laws, rules, regulations and requirements of the affected
government agencies for the proposed development.
N. UniDed Iffipact F`ee -Should the County Council adopt a Unified Impact
Fee (UIF) Ordinance, we understand that the cost of meeting the conditions
included within Ordinance No. 98-129 would be credited towards the
relevant requirements of the UIF Ordinance.
Mr. Christopher Yuen, Director
SiJEJECfi: ANNUAL ~120G12ESS REPORT
MOI~IALA COMMERCIAL VILLAGES
ORDINANCE NO. 95-129
January 18, 2001
Page 4
O. A~aiual Progress It~port -This annual report is being submitted to meet
the requirements of Condition O.
P. Exten$ions of Ti~ae - We understand that an initial extension of time for
the performance of conditions within the Ordinance may be granted by the
Director upon certain circumstances. We expect that the planned
commercial development will proceed and all conditions will be met in a
timely manner. Therefore, we do not anticipate a need for extensions of
time. Should such measures be required for reasons beyond HDC's
control, we will make every effort to notify the Department at the earliest
possible time of the need for such time extensions.
Q. Cornplia~ce with Conclitiogas - We understand that, should any of the
conditions not be met or substantially complied with in a timely fashion, the
Director may initiate rezoning of the subject area to its original or more
appropriate designation. As noted in reference to Condition P, HDC expects
that development will continue to proceed and all conditions will be met in
a timely manner.
I trust the above fully addresses the status of development and compliance with
the conditions of approval, however, should you have any questions or require
further information, please do not hesitate to contact this office at 961-3333.
Sincerely,
PBR HAWAII
.JAMES M. LEONARD, AICP
Managing Director -Hilo Office
Attachments.
xc: Joseph Whitney
Richard Wheelock
Tom Witten
Annual Progress Report.wpd
Iii C1 M ! ~'h'~
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®~PARTMEN°T° OF WATEF~ SUf'F'~Y ~ COUNTY O~ I~AWAII
~~iCa 25 AUPUNI STREET HILO, HAWAII 96720
N~w~
TELEPHONE (808) 961-8660 FAX (808) 961-8657
May 24, 2000
Ms. Sue Keohokapu
PBR Hawaii
Hilo Lagoon Center, Suite 310
101 Aupuni Street
Hilo, HI 96720-4267
WATER COMMITMENT RECEIPT
C~IANGE OF ZONE APPLICATION (REZ 98-012)
TAX MAP KEY: 7-5-003:006 AND 007
This is to acknowledge receipt of the $10,950.00 water commitment deposit for the change of zone for the
subject parcel. We are enclosing receipt No. 209903 and a copy of the Department's Water Commitment
Guidelines Policy for your files.
In accordance with the Department's Water Commitment Guidelines Policy, a water commitment for the
proposed development is hereby granted until May 31, 2003. This water commitment is in the amount of
43,800 gallons per day or 73 additional units of water at 600 gallons per day per unit.
For the applicant's information, should a subdivision application be executed, approval will be subject to the
following conditions:
1. Construct necessary offsite water system improvements of approximately 200 feet of 12-inch diameter
pipe to connect the subject parcel with the existing 12-inch pipeline in Henry Street.
2. Construct necessary onsite water system improvements, which shall include, but not be limited to the
following:
a. water mains capable of delivering water at adequate pressure and volume under peak-hour and
fire-flow conditions; minimum diameter of mains shall be 12 inches,
b. service laterals that will accommodate an appropriately sized meter to each complex, and
c. fire hydrants spaced not more than 300 feet apart.
Submit construction plans and design calculations prepazed by a professional engineer, registered in the
State of Hawaii, for departmental review and approval.
3. Remit the prevailing facilities chazge balance and capital assessment fee, which are subject to change,
of $236,551.00 and $36,500.00, respectively. These are due and payable upon completion of the
construction of the water system improvements and prior to final subdivision approval being granted.
These were computed as follows:
l/Va~er br[n~3 ~ro~r¢~~ .
Ms. Sue Keohokapu
Page 2
May 24, 2000
Facilities Charge
1 first service for each of the two parcels at $563.00 each $ 1,126.00
73 additional units of water for a portion of the two pazcels at $3,375.00 each + 246.375.00
Subtotal $ 247,501.00
Water Commitment Deposit Paid 05/19/00 - 10.950.00
Facilities Charge Balance Due as of May 2000 $ 236,551.00
Capital Assessment Fee '
73 additional lots at $500.00 each + 36,500.00
Total Charge (Subject to Change) $ 273,051.00
The total water commitment paid to date is $10,950.00 and the total facilities chazge is $247,501.(}0.
For your information, the amount of the water commitment deposit may exceed the prevailing facilities
chazge amount, for example, when requests for time extensions continue and are approved. Until the
development is finally completed, these are separate and unrelated items. In the event that water
commitment deposits exceed the facilities chazge, no refunds aze applicable. With this understanding,
the current total for the facilities charge balance and capital assessment fee is $273,051.00.
3. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and any necessary easements to the Water Commission of the County of Hawaii. A
registered land surveyor shall stamp and certify the metes and bounds description within the conveyance
documents. Prior to water meter services being granted to the development, the conveyance documents
shall be accepted by the Water Commission and approved by Corporation Counsel.
4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance may be ,cause for voiding this water commitment, at which time availability will be
subject to change in accordance with the prevailing water system conditions, policies, and Rules and
Regulations. '
' Should there be any questions, please call our Water Resources and Planning Branch at 961-8665.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
D3CM:gms
Enc.
copy - (w/o enc.) Planning Department
(w/o enc.) Mr. Joseph H. Whitney
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`OJNZV OF Mq~' Virginia Goldstein
Stephen K. Yamashiro ~y~~~;,..'\ Direcro~
Mayor :T
' Russell Kokubun
' Deputy Director
C~zY'LtZC~~I' ~~U~ tt
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 96I-8742
June 7, 2000
Ms. Esther Ueda, Executive Officer
State of Hawaii Land Use Commission
P.O. Eox 2359
Honolulu, HI 96804-2359
Dear Ms. Ueda:
Annual Report No. 2 for LUC Docket No. A94-705
County of Hawaii Planning Department
Pursuant to Condition No. 13 of the Findings of Fact, Conclusions of Law, and Decision
and Order issued on June 22, 1998, for LUC Docket No. A94-705, we hereby provide
you with the original and two copies of the Annual Report No. 2 describing the current
status of the boundary amendment.
A. General Progress of Project
The following is the status of the three properties classified into the Urban
District:
1. TMIC 7-4-08: portion of 1 p Queen Liliuokalani Trust (QLT)
During Annual Report No. we noted that QLT filed a change of zone
application for an 11.9-acre area of the affected property. The change of
zone application was granted with conditions on August 19, 1999, as
Ordinance No. 99-96 (Attachment A). The change was from the
Agricultural 1-acre (A-la) and Agricultural 5-acre (A-Sa) zoned districts
to the General Commercial-10,000 square foot (CG-10) zoned district.
Although plans have yet to be submitted, a 104,300 square foot
commercial development was proposed.
;~e-,~~.
~ u N ~ zoao
Ms. Esther Ueda, Executive Off ter
State of Hawaii Land Use Commission
Page 2
June 7, 2000
QLT submitted another change of zone application on November 10, '
1999, for 23.3 acres of the affected property from an A-Sato a
Residential-Commercial Mixed Use (RCX-2a) zoned district. According
to QLT, approximately 14.5 acres is proposed for multiple residential use
and 3.5 acres is proposed for commercial retail uses. Over 250 dwelling
units averaging 600 to 800 square feet in sizes are proposed.
Approximately 25,000 square feet of commercial retail space are also
proposed. The State I~istoric Preservation Division in 1999 accepted the
archaeological survey for the property. The Sate Department of
Transportation stated that the Traffic Impact Analysis Report (TIAR) was
unsatisfactory. As a result, QLT requested the County Planning
Commission continue the hearing until the traff c issues are resolved.
2. T~ ~-5-03:6 and 7 ~ ~avvaiian Development Corporation
No additional progress since Annual Report No. 1.
3. 7'1VIK 7-8-10: gorse 29 & 30 _ Kapnehameha Schools
Steven Lim, attorney at law, again informs that Kamehameha Schools is in
the processing of finalizing an Integrated Strategic Plan for its Keauhou-
Kona project, which includes the reclassified area. Change of zone
applications has yet to be filed.
B. Compliance of Conditions
1. Provided that the land uses proposed generate the need
for such facilities,
Petitioner, developers and/or landowners of the affected properties, on an
individual or collective basis, shall provide or cause to provide affordable
housing opportunities for low, !ow-moderate, and gap group income
residents of the State of Hawaii to the satisfaction of the County of
Hawaii. The location and distribution of the affordable housing or other
provisions for a,~fordable housing shall be under such terms as rncry be
rrrutually agreeable between the developers and/or landowners and the
County of
Hawaii.
I
Ms. Esther Ueda, Executive Of36cer
State of Hawaii Land Use Commission
Page 3
June 7, 2000
The Change of Zones for the Queen Liliuokalani Trust and Hawaiian
Development Corporation properties do not require the provision of
affordable housing at this time. Future developments may be required to
provide such affordable housing.
2. Provided that the tend uses proposed generate the need
for such facilities,
Petitioner shall ensure that the developers and landowners of the a,,~fected
properties and their successors and assigns contribute to the development,
funding, and/or construction of
public school
facilities on a fair share
basis as determined by and to the satisfaction of the State Department of
Education. Petitioner shall ensure that a written agreement between the
a,,~ected developers and/or landowners, their successors and assigns, and
the Department of~a'iscation setting
forth the contribution and timing of
contributions is on
going as part of the County rezoning process and is
fully executed prior to the County issuing any buildingpermits
Petitioner will require developers landowners to comply with this
requirement in developing their respective properties for residential uses.
3. Provided that the land uses proposed generate the need
for such facilities,
Petitioner shalt ensure that the developers and/or landowners of flee
a_,~f
'acted
properties participate in the funding and construction of adequate
wastewater transmission and disposal
facilities, on a
fair share basis, as
deter~rained by the County of
Hawaii Department of
Public Works (DPT3~
' and flee ,State Department of Health (DOH). Developer and/or landowner
participation shall also be in compliance with conditions of approval of
County zoning or determined prior to applying
for County building
perrrsits if County rezoning is not required
No addition to Annual Report No. 1.
3. Petitioner shall ensure that the developers and/or landowners of the
affected properties each submit for review and receive approval from the
State Department of Transportation (DOT) and the County of Hawaii
DPW a Traffic Impact Analysis Report (TZAR), prior to the County
approval of a rezoning application for each affected property or prior to
applying
for County building permits if rezoning is not required The
77AR shall ident~ the traffic impacts attributable to the proposed
Ms. Esther Ueda, Executive Officer
State of Hawaii Land Use Commission
Page 4
June 7, 2000
development and recommend proposed mitigation measures The report
should also reflect the latest planning efforts for transportation (i. e., the
conditions, assumptions, and
frndings for the upcoming Hawaii Land
Transportation Plan). Pased on an analysis of traffic-related impacts,
Petitioner shall ensure that the developers and/or landowners also
participate, on a fair share basis, in the funding and construction of local
and regionat transportation improvements and programs, including
dedication of rights-of-way as determined by the State DOT and the
County of
Hawaii DPi~
It is normally a standard requirement that a TIAR be submitted prior to
approval of a change of zone application. For both Change of Zone
Applications (Queen Lilauokalani Trust and I~Iawaiian Development
Corporation), an accepted TIAR was required before approval was
granted. In fact, for the Hawaiian Development Corporation's application
and the pending QLT application, the Planning Commission continued the
public hearings in order to resolve certain issues concerning the TIAIt.
5. Petitioner shall ensure that the developers and/or landowners of the
a,~jected properties, on a
fair share basis, fund and construct adequate
civil defense measures as determined by the County and State Civil
Defense agencies as part of the development of the affected
properties.
The County Civil Defense agency is normally consulted on Change of
Zone Applications that may affect its operations.
6. The landings of the archaeotogical inventory surveys prepared by the
developers and/or landowners of each affected property shall be submitted
to the State Department of
Land and Natural Resources, State Historic
Preservation Division (SHPD) in report format for adequacy review.
Prior to making a decision on the County rezoning or permit application
for each property, the County agency shall receive in writing
from SHPD
' verification that the survey reporP is acceptable, that significance
evaluations are acceptable, and that the mitigation commitments are
acceptable.
Hawaiian Development Corporation and Queen Lilauokalani Trust
received approval of their Archaeological Inventory Study from SIiPD.
_
Ms. Esther Ueda, Executive Ofl~icer
State of Hawaii Land Use Commission ,
Page 5
June 7, 2000
7. If significant historic sites, including trails and railroad right-of--ways, are
' present, the developers and/or landowners of each a,,~ected
property shall
submit a detailed historic preservation mitigation plan for review by
SHPD. This plan may include preservation and/or archaeological data
recovery subplans (detailed scopes of work). SHPD must approve this
plan before any land alteration can occur on the project area. SHPD
must also verify in writing to the County agency approving the permit that
flee plan has been successfully executed, prior to arty land alteration.
Besides the information provided in Annual Report No. 1, such a
condition is incorporated in Queen Liliuokalani 'T'rust's Change of Zone
Ordinance. (Attachment A -Conditions K)
8. Should any previously unident~ed burials, archaeological or historic
sites such as artifacts, marine shell concentrations, charcoal deposits, or
stone pda
forms, pavings or walls be found, the developers and/or
landowners of the affected
properties shall stop work in the immediate
vicinity and SHPD shall be notifaed immediately. Subsequent work shad!
proceed upon an archaeological clearance from SHPD when it finds drat
mitigate measures have beery implemented to their satisfaction.
This is normally a standard condition imposed for any Change of Zone
Application. (See Attachment A -Condition L)
9. Petitioner, developers and/or landowners of the a,,~fecied properties shall
notes all prospective buyers of the properly of the potential odor, noise
and dust pollution if there are any Agricultural District lands surrounding
the affected properties
Petitioner will require that the developers and/or landowners comply with
this condition.
10. Petitioner, developers and/or landowners of the affected properties shall
notes all prospective buyers property that the Hawaii Right-to-Farm Act,
11. Chapter 165, Hawaii Revised Statutes, limits the circumstances under
which pre-existing
farm activities may be deemed a nuisance if there are
any Agricultural District lands surrounding the affected properties.
Ms. Esther Ueda, )Executive Officer
State ofI~awaii Land Use Commission
Page 6
June 7, 2000
Petitioner will require that the developers and/or landowners comply with
this condition.
11. Provided that the land uses proposed generate the need
for such facilities,
Petitioner shall ensure that the developers and/or landowners of the
affected properties fund on a
fair share basis, the design and construction
of drainage improvements required as a result of the development of the
affected
properties to the satisfaction of the appropriate State and County
agencies Petitioner shall ensure that the developers and/or landowners
also participate, on a
fair share basis, in other drainage improvement
programs in the area as determined by the County of Hawaii DPW.
Developers and/or landowners are required to address the drainage issue
when applying for Change of Zone Applications. Conditions relating to
drainage are also included as part of the approval process. (See
Attachment A -Condition ~
12. Petitioner shall ensure that the developers and/or landowners participate
on a fair share basis in the funding and construction of adequate water
source, storage, and transmission facilities and improvements to
accommodate the proposed
project(s). Water transmission facilities and
improvements shall be coordinated and approved by appropriate State
and County agencies Petitioner shall transmit to the County of Hawaii
DWS any changes in water demand
forecasts and in water development
pdans to supply the proposed projects
In granting a Change of Zone, water must be available to accommodate
the proposed development. Condition to ensure water availability is
always imposed as part of the Change of Zone process. (See Attachment
A -Condition C)
12. Petitioner shall timely provide without any prior notice, annual reports to
the Land Use Commission and the Office of
Planning, in connection with
the status of the affected
properties and the developers' and/or
landowners' progress in complying with the conditions imposed herein.
The annual report shall be submitted in a form prescribed by theExecutive
Office of the Commission.
'his Annual Report No. 2 is prepared in compliance with this condition.
Ms. Bsther Ueda, Executive Officer
State of Hawaii Land Use Commission
Page 7
June 7, 2000
14. The Commissaon may fully or partially release these conditions provided
herein as to all or any portion of the affected properties upon timely
motion and upon the provision of adequate assurance of satisfaction of
these conditions by the developers and/or landowners of the affected
properties
The petitioner does not intend to file such a motion at this time.
15. Within seven (7) dcrys of the issuance of the Commission's Decision and
order for the subject reclassification, Petitioner shall: (a) record with the
State Bureau of Conveyances a statement that the properties are subject to
conditions imposed by the Commission in the reclassification of the
affected properties; and (b) file a copy of such recorded statement with the
Commission.
Previously reported in Annual Report No. 1 that the notice was sent to the
Bureau of Conveyances and the Land Use Commission per letter dated
June 26, 1998.
16. Petitioner shall ensure that the conditions imposed herein by the
Commission are recorded with the Bureau of Conveyances pursuant to
Section IS-1S-92, ~Iawaii Administrative Rules
As previously reported in Annual Report No. 1, the conditions imposed
were recorded with the Bureau of Conveyances by the affected
landowners.
17. Petitioner, landowner/developer, their successors and assigns shall ensure
that development of the reclassified area is in substantial compliance with
the representations made before the Land Use Commission. Failure of
Petitioner, landowner/developer, their successors and assigns to ensure
substantial compliance may result in reversion of the reclassification area
to its
former land use classification, or change to a more appropriate
CIaSSlficatlOn.
Petitioner will ensure that the conditions are complied with in the
development of the reclassified area.
Ms. Esther Ueda, Executive Officer
State of Hawaii Land Use Commission
Page 8
June '7, 2000
18. Petitioner, landotivner/developer, their successors arad assigns shall give
notice to the Land Use Commission of any intent to sell, lease, assign,
place in trust, or otherwise voluntarily slier the ownership interest in the
reclassification area prior to flee visible commencement of construction.
Petitioner will ensure that the landowners comply with this condition.
We hope that the information provided satisfies the requirement of Condition 13 of
Docket No. A94-°705. Should you have any questions, please feel free to contact
Norman Hayashi of this o~3Eice at 961-8288.
Sincerely,
~ WSJ
~ sTE1N
Planning Dire or
NH:pak
p:wpwin60\norrnUetters\ueda a94-705 6-00
Attachment A
c: Mr. David Blane, Director, Office of Planning
1VIr. Richard Wheelock (Hawaiian Development Corp.)
1VIr. Frank Jahrling (Queen Liliuokalani Trust)
Steven Lim, Esq. (Kamehameha Schools)
COT.TTN O ~~AII ~'I".~T"~ O~ I~AWAII
. ~ BILIa N®. 98
' . (Draft 2)
~ ORDINANCE N®.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONG ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAtiYAII COUNTY CODE, LY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) AND
(A-Sa) TO GENERAL COIviMERCIAL (CG-10) AT KEAHUOLU, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY '7-4-08:63.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAV6jAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii Couarty
Code, is amended to change the district classification of property described hereinai~er as
follows:
The district classification of the following area situated at Keahuolu, North Kona,
Hawaii, shall be General Commercial (CG-10):
PARCEL 1:
Being a portion of Royal Patent 6851, Land Commission
Award 8452, Apana 12 to A. Keohokalole
Situated at Keahuolu, North Kona., Island of Hawaii, Hawaii '
Beginning at the west corner of this parcel of land, on the southeasterly side of Palani
Road, flee coordinates of said point of beginning referred to Goverment Survey
Triangulation Station "KAILUA (North Meridian)" being 2,383.11 feet North and
1,616.99 feet East, thence running by azimuths measured clockwise frown True South:
1. 247° 21' 30" 101.22 feet along the southeasterly side of Palani
Road;
2. Thence along the southeasterly side of Palani Road, on a curve to the left with a
radius of I,950.I0 feet, the chord azimuth
and distance being:
245° 16' 19.5" 141.98 feet;
A
~a.t, ~ ~-I t~l ~ r~',T /
3. Thence along the westerly side of Henry Street, on a curve to the right with a
radius of 30.00 feet, the chord azimuth and '
'distance being:
291 ° 57' 51.5" 45.13 feet;
4. Thence along the westerly side of Henry Street, on a curve to the right with a
radius of 260.00 feet, the chord azimuth and
distance beiaag:
356° 15' 17" 139.07 feet;
5. 11 ° 46' 234.54 feet along the westerly side of Henry Street;
6. 56° 25' 29.15 feet along R.P. 7456, L.C. Aw. 8559-8,
Apana 11 to William C. Lunalilo;
7. 146° 25' 363.°74 feet along the remainder of R.P. 6851, L.C.
Aw. 8452, Apana 12 to A. Keoh®kalole to
the point of beginning and containing an
. area of 1.412 acres, more or less.
PARCEL 2:
Being a portion of Royal Patent 6851, Land Commission
Award 8452, Apana 12 to A. Keohokalole
Situated at Keahuolu, North Kona, Island of Hawaii, Hawaii
Beginning at the north corner of this pazcel of land, on the southeasterly side of Palani
Road, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAILUA (North Meridian)" being 2,383.11 feet North and
1,616.99 feet East, thence nuzning by azimuths measured clockwise from True South:
' I. 326° 25' 363.74 feet along the remainder of R.P. 6851, L.C.
Aw. 8452, Apana 12 to A. Keohokalole;
2. 56° 25' 495.90 feet along R.P. 7456, L.C. Aw. 8559-8,
Apana 11 to William C. Lunalilo;
3. 52° 56' 30" 320.66 feet along R.P. 7456, L.C. Aw. 8559-B,
Apana 11 to William C. Lunalilo;
4. 115° 51' 665.84 feet along the Kailas Fire Station Lot;
-2-
5. Thence along the southeasterly side of Palani Road, on a curve to the right with a
radius of 676.80 feet, the chord azimuth and
.distance being:
238° 28' 49" 208.90 feet;
6. 247° 21' 30" 963.33 feet along the southeasterly side of Palar~
Road to the point of beginning and
• containing an area of 10.535 acres, more or
Iess.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classif cation is conditioned upon the following:
A. The applicant, its successors or assigns, shall be responsible for complying with
all conditions of the change of zone.
13. The applicant, its successors or assigns, shall be responsible for complying with
applicable conditions of the State Land Use Boundary Annendment Decision and
Order in Docket No. A94-705.
C. 'The required water commitment be exercised or secured with the Department of
Water Supply in accordance with the prior agreeonent and/or its "Water
Comgnitment Guidelines Policy" within ninety (90) days from the effective date
of the Final Plan Approval.
I7. Prior to comanencing construction, Final Plan Approval for the proposed
development shall be secured from the Planning Director in accordance with
Chapter 25-2-70 of the Zoning Code and Planning Departffient's Mule I7,
relating to Landscaping Requirements. Plans shall identify the proposed
structures, vehicular traffic, paved driveway access and parking stalls associated
with the proposed use. Landscaping shall also be indicated on the plans and be
-3-
provided for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties.
E. All roadways within the proposed developffient shall be improved with curbs,
gutter and sidewalk improveffients ffieeting with the approval of the Department
of Public Works.
P. All accesses and intersection itnprovetnents, including traffic signalization, shall
be constructed meeting with the approval of the Department of Public Works.
G. Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant,
meeting with the approval of the Department of Public Works, prior to
occupancy of the development.
fi. A Drainage Study, if required, shall be prepared and tlae drainage system shall
be installed meeting with the approval of the Department of Public Works.
I. A Solid Waste Management Plan for the proposed deveiopznent within the
subject property shall be prepared and submitted for approval to the Department
of Public Works prior to securing Pinal Plan Approval. A copy of the approved
plan shall be submitted to the Planning Department for its files.
J. Comply with all other applicable laws, rules, regulations and requirements of
the affected government agencies for the proposed development.
K. An Archaeological Data Recovery Plan for the seven significant historic sites
and a Preservation Plan (including buffer zones, interim protection measures,
and along-term preservation plan) for the Kuakini Wall shall be submitted to
and approved by the State Department of Land and Natural Resources-Historic
-4-
Preservation Division (DLNR-HPD) and the Planning Depat~znent. q'he DLIVIZ-
IIPD shall verify in writing to the Planning Department when both plans have
been successfully executed. No land~•alteration may occur in the vicinity of the
site until the plans have been successfully executed.
L. Should any remains of historic sites, such as rock walls, terraces, pIatfortns,
Ynarine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division (DLNR
HPD) shall be immediately ,
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been
taken.
M. Should the Council adopt a Unified Impact Pees ®rdanance setting forth criteria
for the imposition of exactions or assessments of impacts fees, conditions
included herein shall be credited towards the requirements of the Unified Ianpact
Pecs Ordinance.
N. Art annual progress report shall be submitted to the Planning Director prior to
each anhiversary date of the approval of this change of zone. 'I°he report shall
address in detail 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 Director acknowledges
that further reports are not required.
O. An initial extension of time for tkte performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
-5-
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, 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 honing Code.
3. Granting of the tinge extension `vould not be contrary to the original
reasons for the granting of the change of zone.
1°he time extension 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).
5. If the applicant should require an additional extension of time, the
Planning Director shall subtnit the applicant's request to the County
Council for appropriate action.
P. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area to its
original or more appropriate designation.
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.
-6-
SECTION This ordinance shall take effect upon its approval.
INTRODUCED BY:
/ ' ' ~..OGC~ ~
• L MEMBER, COUNTY OF HAWAII
I-Iilo, Hawaii
Date of Introduction: ,7uly 28, 1999
Date of 1st Reading: July 28, 1999
Date of 2nd Reading: August 11, 1999
Effective Date: August 19, 1999
APPRO D AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED: ~G
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Al~~tdI~ING SECTION 25~"~-~3 (NORTH KONA ZONE I~AP} ARTICIlE R, CHAPTER 25 (ZONING
C®~E~ OF THE HAYYAII C®UNTY C®DE, ~Y CHANGING THE DISTRICT CLASSIFICATION i:R®~
AGRiCLILTURAL ~A®1®) AGRICULTURAL (A®5®) TO GENERAL C®d~~IERCIAL (CG®10} AT
KE~?i-l~10LU, NORTH KONA, HAHfAIi.
PREPARED ~Y :PUNNING DEPART4~ENT
COUNTY OF HA~YAii
TMK ~~<4-8:63 MAY 3, 1999 ~
~XH8~1T' (~E~H uuuo~ rRUSr~