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Home My WebLink AboutCOM 0237.001 2002-2004 `OJytY OF N~tl- • ~i Harry Kim Christopher J. Yuen Mnynr _ i_( ~I DGectnr f~Tf OF M'~ f0 '03 flUG 11 P(9 3R~1;7R.Takemoto ~~j}~'•Y~?1Y lq rY ~y ~~y N~f Urputy Uirectnr ~.VL J4L L4~ Y~ ~Kii+N LT liC~ )I~• ~ 1 I . PLANNING DEPARTMENT COUNI ~ ~ n= h~lr~~1N/rll I01 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3[>43 (808)961-8288 Fax(808)961-8742 August 5, 2003 Mr. Gene Yong, Project Plam~er Belt Collins Hawaii, Ltd. 2]53 North King Street, Suite 200 Honolulu, Hawaii 9681' Dear Mr. Yong: Change ofZone Ordinance No. 01-65 (REZ 966) Applicant: Queen Liliuokalani Tntst Subject: Compliance with Condition BB (Annual Progress Report) Tax Map Key: 7-3-008: Por 2, 68, 69 & 70 Thank you for the Annual Progress Report dated July 25, 2003 submitted in compliance with Condition BB of the above listed ordinance. We appreciate the timely submittal and the thorougluress of the report. A copy of the plan will be forwarded to the Hawaii County Council and the Plamvng Commission for their information. Thank you for complying with this requirement. If you have any questions, please feel free to contact Jeff Darrow at (808) 961-8288. Sincerely, - % ,f f CHRISTOPHER J. TEN Planning Director JWD:pak p:npwfn60AjefNettersU.QucenLi Ifou halanfAPR-R8Z96G.doc cc w/copy of report: riaW311 County Council Planning Commission 237• Planning Department-Kona 4omm. No. Ref. To: Ref. Date ~II('~'~ I J~ ~~~~COIII?1S - - . , . ;..'~.R~J'~® July 25, 2003 I;no';;iy pF ~y~~t 2002-45-0800/03A-346 ~1.iNN(PrG ~?t;FF, Mr. Christopher Yuen Director Planning Department County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Annual Progress Report Ordinance No. 01-65 Queen Liliuokalani Trust Makalapua Business Center Keahuolu Lands, North Kona, Island of Hawaii Honolulu On behalf of Liliuokalani Trust, please find enclosed an Annual Progress ~i~n,:~:e~,-, Report in compliance with Condition BB of Hawaii County Ordinance No. 01-65. Phi,gipine= Seettla If you have any questions or comments, please feel free to contact me at s'n°ap0te (808) 521-5361. ~na'ia°° With regards, BELT COLLINS HAWAII LTD. Gene Yong Project Planner GY:gk cc: Bob Ozaki I Enclosure ~s..~ Belt Collins Hawaii Ltd. 2153 North King Street, Suite 200 e Honoluli,, Hawaii 96819-4654 USA T/808 521 5361 e FI808 538 7819 ®honolulu@beltcollins com a www.beltcollins.com Belt Collins Hawaii is an Equal Oppotlunlty Employee ANNUAL PROGRESS REPORT ON CHANGE OF ZONE CONDITIONS ORDINANCE N0.01-65 MAKALAPUA BUSINESS CENTER Submitted to the Hawaii County Planning Department by Belt Collins Hawaii on Behalf of Queen Liliuokalani Trust August 8, 2003 Condition (A) The petitioner, successors or assigns shall be responsible for complying with all of the stated conditions of approval. Acknowledged. Condition (B) The applicant shall substantially comply with the representations made in its change of zone application for the industrial-commercial mixed use development. The Trust is proceeding with a subdivision application for 11 lots adjoining the existing Kona Industrial Subdivision. Tentative Approval (File No. 2002-0103) was received for this application on December 26, 2002, and Final Approval has not yet been given. This application allows for both the continued expansion of industrial and commercial related developments from the existing industrial area and new lessees to come to the area. In conjunction with this subdivision, the Trust is proposing to construct a service road between Luhia Street and Kuakini Highway to provide access to the 11 lots. The service road is proposed to be constructed in two phases, including the first phase which proposes to grade and pave the entire length of the service road, and the second phase which proposes to upgrade the road to County dedicable stancJards with curbs, gutters and sidewalks. The second phase will occur concomitant with future development alongside the road, and dedication of the road to the County may occur after the second phase. The service road improvements will i~~e bonded by the Trust as part of the subdivision process. These actions are consistent with the projected phasing diagram attached to the Trust's change of zone application approved by County Ordinance No. 01-65. Condition (C) The applicant shall 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 as determined by the County Department of Water Supply. Compliance with Condition C shall be satisfied prior to the applicant's submittal of the required water commitment payment in Condition D. The -Crust will comply with this condition and will continue to coordinate with the Department of Water Suppl)~ (DWS) regarding future development activities. -1- Condition (D) The applicant shall submit the additional water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" prior to the issuance of final subdivision approval or final plan approval for Phase 3, if required by the Department of Water Supply. In 1995, the Trust paid Facilities Charges for a water commitment of 500 units covering future development at the 100-acre Makalapua Business Center. With recent completion of the 6.7-acre HPM site in 2001, 11 units were assigned to the HPM project. There remains 489 units paid for, and available to the Trust and future developers, at Makalapua Business Center. The Trust will con(inue to coordinate with DWS regarding any additional water commitment payments. Condition (E) The property shall be zoned in three phases. Phase 1 shall consist of approximately .3.5 acres. Final subdivision approval of all increments within Phase 1, or final plan approval for all developments within Phase 1, whichever is applicable, shall be secured within ten (10) years from the effective date of this change of zone ordinance. Phase 2 shall consist of approximately 25 acres and shall be developed within ten (10) years from the completion of Phase 1 development, as determined by the Planning Director. Phase 3 shall consist of approximately 30 acres and shall be developed within ten (10) years from the completion of Phase 2 development, as determined by the Planning Director. On October 12, 2000, the Trust received final subdivision approval for 3 lots totaling 12.927 acres. These lots include the recently completed HPM hardware store along Queen Kaahurnanu Highway and the Luhia Street extension from Makala Boulevard to the Kona Industrial Subdivision. Excluding the Luhia Street extension lot, the net development area was 11.181 acres. As discussed under Condition B, the Trust is proceeding to subdivide 11 lots totaling 21 .1 acres (inclusive of 3.2 acres for a service road lot) along the southern boundary (closest to KIS) of Makalapua Business Center. The net development area is 17.9 acres. Both of these actions are consistent with the anticipated Phase 1 areas depicted in the Trust's Change of Zone application for Ordinance No. 01-65, and are consistent with the timetable highlighted in Condition E. The timetable for future development within the 3 phases will ultimately be dependent on market conditions. Condition (F) The applicant shall adhere to the overall landscaping master plan and development design manual approved by the Planning Director in accordance with Ordinance No. 92-85. Acknowledged. Condition (G) The applicant shall install a conduit and loop detectors for a traffic signal and channelization at the intersection of Makala Boulevard and Luhia Street -2- concurrent with the development of Phase 1 if required by Che County Department of Public Works (DPW) or the State Department of Transportation (DOT). The applicant will monitor traffic conditions at the Makala Boulevard and Luhia Street intersection throughout the development of Phase 1 and will install a traffic signal light when conditions are warranted. Additionally, following the State's widening of Queen Kaahumanu Highway to a four-lane highway, the applicant will complete further channelization of Makala Boulev~ud, at its intersection with Queen Kaahumanu Highway, including a second left-turn lane on the mauka bound approach. The Trust will comply with the condition and will monitor traffic conditions at the MaJ<ala Boulevard and Luhia Street intersection concurrent with future development on Phase 1. Conduits and loop detectors within the Makala Boulevard and Luhia Street intersection will be included as part of the Trust's proposed bond for the service road improvements. Condition (H) Prior to the development of Phase 2 and/or Phase 3, upon request by the DPW or the DOT, the applicant shall submit a current Traffic Impact Analysis Report (TIAR) for approval by the Planning Director in consultation with the requesting agency (ies), recommendating mitigation for level of service (LOS) deficiencies LOS E and F and projecting traffic impacts from the proposed phase(s). Construction of improvements within the project area, including the intersection of Makala Boulevard and the Old Airport Road, as recommended by the TIAR and/or require~% by the Planning Director in consultation with the DPW or the DOT shall be a condition of development of either or both phases. If it is determined by the TIAR or the Planning Director in consultation with DPW and/or DOT that project-generated traffic, together with traffic generated from other sources, warrant off-site roadway improvements, the applicant shall participate, on a fair share basis, in the funding and construction of these improvements concomitant with development of the project area. The Trust will comply with this condition. Phase 1 remains less than 25% complete, and development nn Phase 2 and/or Phase 3 is not yet being proposed. Condition (I) The applicant shall install bike lanes or routes throughout the project where required by the Planning Director ir, consultation with the Chief Engineer as a matter of pedestrian and bicyclist safety. Acknowledged. Condifion Q) Should there be any roadway improvement projects fronting the project area along the pnsent alignment of the Old Airport Road (Kuakini Highway extension), the applicant shall pay its fair share toward the roadway improvements. Eair share contributions may include lands acquired from the applicant for the improvement project. Acknowledged. -3- Condition (K) All roadways within the proposed development shall be constructed to County dedicable standards meeting with the requirements of Chapter 23, Subdivision Code. Roadway improvements within the proposed subdivision shall include concrete curbs, gutters and sidewalks. Roadway improvements shall be constructed concomitant with the development o(any parcel within the project area. For the purposes of this condition, development shall mean application for subdivision or plan approval, whichever is applicable. Acknowledged. Condition (L) No direct accesses to individual lots shall be allowed from the Queen Kaahumanu Highway and the Old Airport Road. Acknowledged. Condition (M) Install street lights, signs and markings meeting with the approval or the Department of Public Works, Traffic Division. These improvements shall be installed concomitant with the development of the project area. Acknowledged. Condition (N) Prior to the commencement of development of Phase 2, the applicant shall extend Eho Street in the Kona Industrial Subdivision to Queen Kaahumanu /-lighway meeting with DPW approval. Acknowledged. Condition (O) Prior to dedication of a street or portion of a street, all utilities servicing lots abutting the street or portion thereof to be dedicated shall be placed underground. Acknowledged. Condition (P) The applicant shall fund, on a fair share basis, the design and construction of drainage improvements required as a result of the development and meeting with the approval of the County Department of Public Works. .A drainage study of the subject property, if n~quired, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval for all phases of the development. Acknowledged. Condition (Q) The applicant shall submit a solid waste management plan for the development to the Department of Public Works for its review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of final subdivision approval or final plan approval. Acknowledged. -4- Condition (R) The applicant shall construct all on site sewer system improvements required by the County Department of Public Works and the State Department of Health. The applicant shall fund, on a fair share basis, the design and construction of oft site sewer improvements required as a result of the development and meeting with the approval of the County Department of Public Works and the State Department of Health. Acknowledged. Condition (S) If required, the applicant shall comply with the State Department of Health's requirements for underground injection systems and secure NPDES permits for discharges into State waters. Acknowledged. Condition (T) As required by the State Department of Health, the applicant shall conduct periodic monitoring of ocean water, The Trust will comply as required. Condition (U) The applicant shall consult with the Army Corps of Engineers to determine if any permits are required for the development. Acknowledged. Condition (V) The applicant shall abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Acknowledged. Condition (W) The applicant shall preserve the burial site on the subject property with a 30-foot wide buffer zone, as recommended by the Hawaii Island Burial Council and accepted by the State Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD). The applicant shall submit a detailed long-range preservation plan for the burial site on the subject property to the DLNR-SHPD for its review and approval. The applicant shall submit a copy of the approved preservation plan, as well as written verification from the DLNR-SHPD that the plan has been successfully executed, to the Planning Director for the Department's files prior to conducting any land altering activities in the area of the burial site. Acknowledged. No development activity is currently proposed within the vicinity of the burial site. Condition (X) During land altering and construction activities, barrier fences shall be erected around the burial site buffer zone and construction firms working within the development shall be briefed as to the presence of the burial site, and the fact that substantial fines and seizure of equipment can result from damage to the site. Acknowledged. -5- Condition (Y) Should any previously unidentified burials, archaeological or historic sites such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms, pavings or walls be found, the applicant shall stop work in the immediate vicinity and the DLNR-SHPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that mitigative measure have been implemented to its satisfaction. Acknowledged. Condition (Z) Comply with all applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property. Acknowledged. Condition (AA) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein sha// be credited towards the requirements of the Unified Impact Fees Ordinance. Acknowledged. Condition (BB) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. 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. The next Annual Progress Report is due August 8, 2004. Condition (CC) An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 7. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the chanh=e of zone. d. The time extension ~r;ranted shall be for a period no[ to exceed the period originally granted for performance (i.e, a condition to be performed within one year maybe extended for up Co one additional year). -5- 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Acknowledged. Condition (DD) 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. Acknowledged. -7-