HomeMy WebLinkAboutCOM 0614.000 2002-2004 ~~x~
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Harry Kim Christopher J. Yuen
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Deputy Director
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101 Pauahi Street, Suite 3 . Hilo, Hawaii 96720-3043
(808) 961-8238 Fax (8063) 961-8742
April 29, 2004
Mr. Gene Yong
Senior Planner
Belt Collins Hawaii, LTD
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 23, 2004
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, 2005.
Thank you for your cooperation in complying with the annual report requirement. Should you
have any questions, please contact Jeff Darrow of the Planning Department at 961-8288.
Sincerely,..
CHRISTOPHER J. YUEN
Planning Director
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Ref. Date
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April 23, 2004
2002-45-0800/04P-15 7
Mr. Christopher Yuen
Planning Director
County of Hawaii Planning Department
Aupuni Center, Suite 3
101 Pauahi Street
Hilo, Hawaii 96720
Dear Mr. Yuen:
Annual Progress Report
Ordinance No. 00-40
Queen Liliuokalani Trust
Keahuolu Lands, North Kona, Island of Hawaii
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On behalf of Queen Liliuokalani Trust, please find attached an annual progress ~;,a,n
report in compliance with Condition P of Hawaii County Ordinance No. 00-40. Hnnq i<n„~,
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If you have any questions or comments, please feel free to contact me at (808) 'n~"tl~
Si :gapore
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With regards,
BELT COLLINS HAWAII LTD.
GENE YONG
Project Planner
Attachment
cc: Mr. Robert Ozaki, Queen Liliuokalani Trust
(w/attachment)
Belt Collins Hawaii Ltd.
2153 North King Street, Suile 200 . Honolulu, Hawail 96819-4554 USA
T/808 521 5361 . F/808 538 7819 . honolulu@beltcollins.com . www.beltcollins cam
Bait Collins Hawall is an Equal Opportunity Employer
ANNUAL PROGRESS REPORT
County Zoning Conditions, Ordinance No. 00-40 ,
Lili'uokalani Trust Keahuolu Lands -Phase 1 Mauka Urban District
April 26, 2004
Introduction and Summary
This is a report on the status of development of Lili'uokalani 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 315 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 1 7, 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, Lili'uokalani 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 Z" consisting of the
remaining 265.1 acres, of which 123.9 acres are zoned CG-10, 28 acres zoned Open and
1 13.2 acres zoned CG-10, both increments are as described in Exhibit "8"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 usag=e 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
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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 bond, surety or other security deemed acceptable
by the Planning Director, for the actual development of a proven source(s) and ifs 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 [he 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 fhe
effective date of this amendment. No time extensions 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 (8) for each lot.
The first part of this condition regarding the effective date of zoning for 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).
Lili'uokalani Trust is presently preparing an agreement with DWS to provide assurances
for the availability and transmission of water for Lot 2. The Planning Department has been
involved in the discussion of the agreement. In a letter dated August 20, 2003, the
Planning Director advised that development of Lot 2 can proceed on an incremental basis
provided that DWS "certifies that water source, transmission, and storage are adequate to
support the proposed development. The adequacy can be assued by bond." The Director
further clarified that the effective date of zoning for the said portions of Lot 2 can
correspond with the acceptance of the bond to perform the necessary water system
improvements.
The Trust is cooperating with the DWS in its study and design for a new transmission line
from Mamalahoa Highway down to Palani Road along the north boundary of the Trust's
Keahuolu property.
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The Trust will continue to coordinate with the Planning Department and DWS on this
issue as it continues to pursue development interest in the area.
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 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 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/rein[erment) 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 Macy's (formerly 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. At this
time, development activity is not anticipated in areas adjacent to the 28-acre
archaeological preserve.
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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 Ka'ahumanu Highway
(i. e., Makala BIvdJ 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-10 zoned lands. The
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 Ka'ahumanu Highway and the "Mid-Level Road" in two
(Z) stages. The first stage shall consist of a preliminary vehicular access (as defined in
Condition F) connecting Lot 1 with Queen Ka'ahumanu 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 [he 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.
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Condition (H) The applicant shall install improvements, which may include signalization
at [he "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 [o 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 with 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 of 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
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.
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 Ka'ahumanu 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.
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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 Ka'ahumanu 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
Ka'ahumanu Highway from Henry Street to the airport. The State has completed its
acquisition of Trust land in the subject area for its planned widening project.
Condition (K) An overall landscaping master plan, which includes landscaping along the
property's frontages along Palani Road and Queen Ka'ahumanu 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.
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
Health.
The applicant has complied with and will continue to comply with this condition.
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Condition (O) Comply with all applicable laws, rules, regulations and requirements,
including those of the Department of 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 (P) An annual progress report shall be submitted to the Planning Director prior
[o the anniversary date of [he 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, 2005.
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 [he 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
Lili'uokalani Trust a 10-year extension for the fulfillment of Condition B.
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