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HomeMy WebLinkAboutCOM 0260.002 2000-2002 J~ZY OF yq~ G~'~. 9 Kim ~ Christopher J. Yuen Mayor P Director E pF~p11~ a'9T''"' Roy R. Takernoto r Deputy Director ~XY~;~~~' a~x ~t~tx~tt PLANNING DEPARTMEN'T' 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (SOS) 961-8288 • Fax (SOS) 961-8742 June 10, 2002 { _ t.,. Mr. Gene Yong Senior Planner Belt Collins Hawaii, LTD ~w._ 2153 North King Street, Suite 200 Honolulu, HI 96819 Dear Mr. Yong: Change of Zone Ordinance No. 84-9, as amended by Ordinances Nos. 86-94, 88-5, 92-85 (REZ 463) and 00-40 (REZ No. 743) Applicant: Queen Liliuokalani Trust Subject: Annual Progress Report dated April 26, 2002 Tax Map Keys: 7-4-08: Portion of 2 This is to acknowledge receipt of the annual progress report in compliance with Condition P of Ordinance No. 00-40. By copy of this letter, we are forwarding the report to the County Council and the Planning Commission for their information. The next annual progress report for Ordinance No. 00-40 is due on or before April 26, 2003. Thank you for your cooperation in complying with the annual report requirement. Should you have any questions, please contact either Eileen O'Hora-Weir or Susan Gagorik of the Planning Department at 961-8288. Sincerely, CHRISTOPH J. YUEN Planning Director EOW:pak p:lwpwin60\eileen\letters\LLi li uokalani APR_REZ743 eow pro. IZef. To: f. Bats ~ ~ Mr. Gene Yong Senior Planner Belt Collins Hawaii, LTD Page 2 June 10, 2002 xc w/report: County Council Planning Commission Planning Department -Kona ANNUAL PROGRESS REPORT' County Zoning Conditions, Ordinance No. 00-40 Liliuokalani Trust Keahuolu Lands -Phase 1 Mauka Urban District April 26, 2002 Introduction and Summary This is a report on the status of development of Liliuokalani Trust's 315 acre Phase 1 Urban District in Kailua-Kona, Hawaii, and the extent to which conditions of approval are being complied with. It is being submitted in compliance with Condition (P) of Hawaii County Ordinance No. 00-40. Previous Annual Progress Reports for the 31 S acre Phase 1 Urban District area were submitted in compliance with Condition (P) of County Ordinance No. 93-66, which was subsequently superseded by Ord. No. 00-40 on April 26, 2000. Listed below are each of the conditions, presented in italics, followed by the status report in regular type. Ord. No. 00-40 stipulates that the district classification becomes effective in two increments, with the first increment consisting of 49.9 acres zoned CG-10, and the second increment consisting of the remaining 265.1 acres zoned both CG-10 (237.1 acres) and Open (28 acres). Construction of required on-site and off-site infrastructure for the first increment was completed in November 1994. As part of the first increment and QLT's Makalapua Center, Kmart opened on November 17, 1994 and Liberty House opened June 28, 1997. In December of 2000, Wallace Theaters opened amulti-theater cinema complex within the first increment area at Makalapua Center. Condition (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. The applicant, Liliuokalani Trust, acknowledges and will continue to comply with this condition as it develops its 315-acre Makalapua project. Condition (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 CG-70, both increments are as described in Exhibit "B"attached hereto and made a part hereof. The rezoning for Lot 1 shall become effective when the applicant either (7) 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 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 7 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 bond, surety or other security deemed acceptable by the Planning Director, for the actual development of a proven source(s) and -1- 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 1-lealth 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 of Lot 1 within three (3) years from the effective date of this ordinance and for zoning of Lot 2 within ten (10) years from the effective date of this amendment. No time extensions granted pursuant to Condition (R) of this ordinance shall cumulatively exceed one (1) year fir 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 (B) for each lot. The first part of this condition regarding the effective date of zoning far Lot 1 (49.9 acs.) has been completed and certified and October 4, 1993 is the effective date of zoning of Lot 1. Construction of the water system for Lot 1 (well, pump, control building, reservoir, waterline, and access road) is complete and the system was accepted by the Hawaii County Water Commission in August 1996. With the recent approval of Ordinance 00-40, the time required to fulfill Condition B has been extended to ten (10) years from the effective date of Ordinance 00-40 (April 26, 2000). Liliuokalani Trust is presently preparing an agreement with DWS to provide assurances for the availability and transmission of water for Lot 2. Upon finalizing the agreement with DWS, Liliuokalani Trust will approach the Planning Department with a request to effectuate the zoning of Lot 2. Condition (C) A Master Plan for the subject property (Phase 1 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. A master plan was submitted and accepted by the County in October 1994. Condition (D) A detailed ~`-listoric 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 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 -2- 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. The 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 County Planning Director. All mitigation required for the existing Kmart, Wallace Theater and Liberty House building projects, and the needed infrastructure (roads, water, sewer, etc.) for those projects have been completed. The State Historic Preservation Division earlier requested that all remaining archaeological work in the 315- acre Phase I Urban District area, including the 28-acre archaeological preserve, be completed by January 1, 1999. An extension can be requested if no development is occurring and the archaeological sites are not threatened. Subsequently, SHPD agreed to a Trust request in 1998 to defer completion of the preservation plan for the 28-acre preserve until adjacent parcels are developed. The Trust has been and is continuing to work with community groups to develop an approach to the archaeological work needed in the 28-acre preserve. A detailed mitigation plan is being prepared by Paul H. Rosendahl, Inc., archaeologist for the portion of the Kings Trail, mauka of Queen Kaahumanu Highway. Upon completion, this plan will be submitted to the State and County for approval. At this time, development activity is not anticipated either in areas adjacent to 28-acre archaeological preserve or in the area of the King's Trail, mauka of Queen Kaahumanu Highway. Condition (E) Should any unidentified sites or remains of 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 sufficient mitigative measures have been taken. The applicant acknowledges and will continue to comply with this condition as it proceeds with projects in the Makalapua Center area. Condition (F) Preliminary vehicular access to Lot 1 from Queen Kaahumanu Highway (i.e., Makala 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 Makala Boulevard and Palani Road, in two (2) stages. The first stage shall 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 Makala Boulevard to Palani Road prior to 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-70 zoned lands. The -3- appropriate incremental plans for these roadway improvements shall be submitted to the Department of Public Works for review and approval. The portion of this condition covering the first stage has been met. Incremental plans for improving Kamakaeha Avenue to dedicable standards (second stage) will be submitted to the Department of Public Works at the appropriate time, concomitant with development of the CG-10 zoned lands outside the first increment (Lot 1). Condition (G) Vehicular access points onto Makala Boulevard shall meet with the approval of the Department of Public Works. The Makala 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 CG-10 zoned lands with Lot 2. Construction of the first stage of Makala Boulevard was completed October 1994. Makala Boulevard will be incrementally extended toward the Mid-Level Road as subsequent phases of the Makalapua project are developed. Condition (I-i) The applicant shall install improvements, which may include signalization at the "Main 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 Makala 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. Prior to the issuance of certificate of occupancy for any portion of Lot 1, the applicant shall construct the proposed Makala Boulevard extension west (makai) to connect with Kuakini Highway as a preliminary vehicular access (as defined in Condition F) meeting vvith the approval of the Department of Public Works, except that, that portion of the extension of Kuakini Highway to the Makala Boulevard extension may consist of upgraded improvements meeting with the approval of the Department of Public Works. This condition, including the dedication of additional right-of-way along Palani Road and the extension of Luhia Street, has been met. The strip of land for the additional right-of- way has been subdivided, and the dedication to Hawaii County is complete. Condition (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 or Palani Road to the southern boundary of the 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 -4- and dedication of roadway and traffic improvements shall not exceed its pro rata share of said impravements made necessary by the increased traffic resulting from the applicant's development of the subject property. The applicant acknowledges and will comply with the condition requiring dedication of land for the Mid-Level Road right-of-way upon request by the County. The dedication of the right-of-way for the extension of the Mid-Level Road from Palani Road to the southern boundary of the ahupua'a has been completed, and Henry Street was subsequently extended from Queen Kaahumanu Highway to Palani Road. No additional archaeological surveys have been completed which may impact the layout and design of the yet to be built portion of the "Mid-Level Road" from Palani Road to the northern boundary of Keahuolu. Condition (J) The applicant shall meet with the requirements of the Department of Transportation-Highways Division for the development of the subject property. Provided, however, that the signalization of the Makala Boulevard-Queen Kaahumanu Highway intersection meeting with 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. This condition has been met for the first increment (Lot 1) and the signalization The Trust is working with the State Department of Transportation on its planned widening of Queen Kaahumanu Highway from Henry Street to the airport. The State is in the process of acquiring the land needed for the widened right-of-way, with acquisition of portions of QLT lands having been completed earlier in 1999 and 2000. Condition (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. An overall landscaping master plan has been submitted to the Planning Director for review and approval prior to the issuance of final subdivision approval and final plan approval. Condition (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 matter of pedestrian and bicyclist safety. The applicant acknowledges this condition and will comply where required by the Planning Director. Condition (M) A drainage system shall be installed meeting with the approval of the Department of Public Works. The applicant has complied with and will continue to comply with this condition. -5- Condition (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 Hea 1 th. The applicant has complied with and will continue to comply with this condition. Condition (O) Comply with all applicable laws, rules, regulations and requirements, including those of the Department of 1-health, Fire, and the Department of Water Supply. The applicant has complied with and will continue to comply with all applicable laws, rules, regulations and requirements. Condition (IP) 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 extent 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. This next annual progress report under Ordinance No. 00-40 is due April 26, 2003. Condition (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. To date, a Unified Impact Fees Ordinance has not been adopted by Hawaii County. Condition (R) An initial extension of time for the performance of conditions within the ordinance maybe 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 archaeological 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 extension 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 exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe 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. The Hawaii County Council approved Ordinance 00-40 on April 26, 2000, granting Liliuokalani Trust a 10-year extension for the fulfillment of Condition B. -6-