Loading...
HomeMy WebLinkAboutCOM 0819.000 2002-2004 VV go f Harry Kim ChristoLpher J. Yuen Mayor t,Ji ,iUu 2._ ; 7 Mr.. VHF OFN''I~ r. ~ Roy- :.Takemoto rpurv Dircchn Courtfv of 'a W Nii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 August 24, 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. 91 27, As Amended By Ordinance No. 00 90 (REZ 684) Applicant: Queen Liliuokalani Trust TMK: 7-4-015:015 This is to acknowledge receipt of your letter dated August 17, 2003, containing an annual progress report as required by Condition J of Ordinance No. 00 90. Thank you for complying with the annual report requirement. As a reminder, you are required to comply with all conditions as stated in the above-referenced ordinance within the appropriate timetables. Please note that your next annual report will be due on or before August 21, 2005. Should you have questions, please feel free to contact Norman Hayashi or Jeff Darrow of this office at 961-8288. Sincerely, CHRI I'OPHER J. N Planning Director JWD:smn P:\WPWM60VEFF)Letters\Annual Reports\LYong-APR-REZ684(2).doc cc w/ copy of report: oHawaii County Council Planning Commission Planning Department-Kona Hawaii County is an Equal Opportunity Provider and Employer 819 Comm. No.____._.__..... Ref. To: ®t~~ rtttt~~1 Ref. 4 Bnlffollins August 17, 2004 - 2002.45.0800 / 04P-271 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: Annual Progress Report Ordinance Number 00-90 Queen Liliuokalani Trust Eho Street, TMK 7-4-15:15 Keahuolu, North Kona. Island of Hawaii In accordance with Condition J of Hawaii County Ordinance Number 00-90 (amending Ordinance Number 91-27), please find this Annual Progress Report, which is Honolulu submitted on behalf of Liliuokalani Trust. The Report addresses the status of the Guaira development and compliance with the conditions of approval. Hong Kong Philippines Condition (A). The applicant, successors or assigns, shall comply with all of the stated Seame ngapor Trud e conditions of approval. TM1.d.Jand Acknowledged. Condition (B). Final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall indicate internal driveway circulation with the adjacent Kona Coast Shopping Center. The Trust or its developer will comply with this condition, including obtaining final plan approval in conjunction with the development of the project area. The timetable for development will ultimately be dependent upon market opportunities available to the Trust, of which the Trust continues to pursue. Condition (C). Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. The Trust or its future developer intends to comply with this condition after Condition B has been met. Bell Collins Hawan Ltd V { r 2153 North King Street, Suite 200 a Honolulu. Hawaii 96819-4554 USA T/808 521 5361 a F/808 538 7819 it hog gbeltcollms. con, o wvihiv.1belticolluns north Bel, Collins Hawaii is an Equal Opportunity Em, Mr. Christopher J. Yuen August 17, 2004 2002.45.0800 / 04P-271 Page 2 Condition (D). Improvements to Eho Street extension, including curbs, gutters and sidewalks, shall be constructed within the existing 60-foot-wide roadway easement from Eho Street to Queen Kaahumanu Highway meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any portion of the commercial development. Acknowledged. Condition (E). Driveway access(es) shall be approved by the Department of Public Works. Acknowledged. Condition (F). Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works. Acknowledged. Condition (G). A drainage system meeting with the requirements of the Department of Public Works shall be installed. Acknowledged. Condition (H). All other applicable laws, rules, regulations and requirements be complied with. Acknowledged. Condition 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 may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. Acknowledged. Condition (J). An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address 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 Planning Director acknowledges that further reports are not required. The next annual progress report will be due August 21, 2005. Mr. Christopher J. Yuen August 17, 2004 2002.45.0800 / 04P-271 Page 3 Condition (K). An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) 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, 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 change of zone; 4) 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 may be extended for up to one additional year); and 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. Further, 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. Ordinance No. 00-90 approved a ten-year extension (from the effective date of the ordinance, August 21, 2000) for the performance of conditions within this ordinance. If you have any questions or comments, please do not hesitate to me at (808) 521-5361. Sincerely yours, BELT COLLINS HAWAII LTD. Gene Yong Senior Planner GY:If cc: Bob Ozaki/Queen Liliuokalani Trust `OJN<Y Os M~~~ _ _ Harry Kim r, n _ r,Christopher J. Yuen Mayor (lJi IiL) 2~1 tll l „ • Dirrcn• ~<<OF•M~'~ Roy R. T emoto Depurv vennr Cnauxrtg of ~ttfirttii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 August 24, 2004 Mr. Gene Yong, Project Planner Belt Collins Hawaii, Ltd. 2153 North King Street, Suite 200 Honolulu, Hawaii 96819 Dear Mr. Yong: Change of Zone Ordinance No. 01-65 (REZ 966) Applicant: Queen Liliuokalani Trust Subject: Compliance with Condition BB (Annual Progress Report) Tax Map Key: 7-4-008: Por 2, 68, 69 & 70 Thank you for the Annual Progress Report dated August 8, 2004 submitted in compliance with Condition BB of the above listed ordinance. We appreciate the timely submittal and the thoroughness of the report. A copy of the plan will be forwarded to the Hawaii County Council and the Planning 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, C T PPHER I UEN (Jl~~ Planning Director JWD:smn P:\wP W PJ60VEFFlLetters\Annual Reports\LYong-APR-REZ966(2).doc cc w/copy of report: oHawaii County Council Planning Commission Planning Department-Kona Hawaii County is an Equal Opportunity Provider and Employer r Beffolhs August 8, 2004 2002.45.0800 / 04P-262 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 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 attached an annual progress report G ue" in compliance with Condition BB of Hawaii County Ordinance No. 01-65. Hong KOr Phil onme if you have any questions or comments, please feel free to contact me at e t = (808) 521-5361. „noa„orE Thailand With regards, BELT COLLINS HAWAII LTD. c:ZoReEnr Gene Yong Project Planner GY:lf cc: Bob Ozaki/Queen Liliuokalani Trust Attachment Belt Collins Hawaii Ltd 2153 North King Street Sure 200 a Honolulu, Hawaii 96819-4554 USA T. 808 521 5361. F/808 538 7319 a hon 'l@bellcollms com a www beltcollins corn Bell Colbns Hawau is an Enual Opp.rwol, En'. fill 6 r ANNUAL PROGRESS REPORT ON CHANGE OF ZONE CONDITIONS ORDINANCE NO. 01-65 MAKALAPUA BUSINESS CENTER Submitted to the Hawaii County Planning Department by Belt Collins Hawaii on Behalf of Queen Liliuokalani Trust August 8, 2004 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. Through ground leases to various lessees and developers, the Trust is developing an 11 lot subdivision, adjoining the existing Kona Industrial Subdivision. Final Subdivision Approval (Subdivision No. 7793) was received for this application on April 23, 2004. In conjunction with this subdivision, the Trust is constructing 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 County dedicable standards 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 has been bonded by the Trust as part of the subdivision process. These actions are consistent with Phase One of 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 Trust will comply with this condition and will continue to coordinate with the 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. 133 units have been assigned to the development of the 11-lot subdivision discussed above. There remains 356 units paid for and available to the Trust at Makalapua Business Center. The Trust will continue 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 35 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 Kaahumanu Highway and the Luhia Street extension from Makala Blvd. to the Kona Industrial Subdivision. Excluding the Luhia Street extension lot, the net development area is 11.181 acres. On April 23, 2004, the Trust received final subdivision approval for 11 lots totaling 21.1 acres along the southern boundary (closest to KIS) of Makalapua Business Center. Excluding the new service road lot, the net development area is 17.9 acres. While subdivision and grading has been completed in the two areas noted above (totaling 13 available lots and equal to 29.081 acres), the Trust has leased 3 lots and is in the process of leasing 6 of the remaining 10 available lots. The Trust continues to seek development interest for the balance of the Phase One area. Both of these actions are consistent with the anticipated Phase One areas depicted in the Trust's Change of Zone application for Ordinance No. 01-65. The timetable for the completion of Phase One and the future development of Phases Two and Three 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. -2- I Condition (G) The applicant shall install a conduit and loop detectors for a traffic signal and channelization at the intersection of Makala Blvd. and Luhia Street concurrent with the development of Phase 1 if required by the 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 Boulevard, at its intersection with Queen Kaahumanu Highway, including a second left-turn lane on the mauka bound approach. As development of Phase One is completed, the Trust will comply with this condition, including monitoring traffic conditions at the Makala Blvd. and Luhia Street intersection. 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 (TZAR) for approval by the Planning Director in consultation with the requesting agency (ies), recommending 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 required 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 One remains less than 35% developed, and development on Phase Two and Phase Three is not yet being proposed. Condition (1) The applicant shall install bike lanes or routes throughout the project where required by the Planning Director in consultation with the Chief Engineer as a matter of pedestrian and bicyclist safety. Acknowledged. Condition (J) Should there be any roadway improvement projects fronting the project area along the present alignment of the Old Airport Road (Kuakini Highway extension), the applicant shall pay its fair share toward the roadway improvements. Fair share contributions may include lands acquired from the applicant for the improvement project. Acknowledged. 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 of 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. -3- r 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 Highway 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 required, 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. 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 off 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. -4- 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 (l9 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 (K9 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 immediate vicinity of the burial site. Condition (A~ 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. 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. -5- 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 shall 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, 2005. 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: 1. 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 change of zone. 4. 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 may be extended for up to one additional year). 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. -6-