HomeMy WebLinkAboutCOM 0570.000 1996-1998 .
??7.?_!'!;. Virginia Goldstein
Stephen K. Yamashiro ~ ~ Director
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Russell Kokubup •
Deputy Director
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PLANNING DEPARTMENT "
25 Aupunl Street, Room 109 • Hilo, Hawaii 96720-0252
(808) 961.8285 • Fax (808) 961.8742
November 3, 1997
Mr. James R. Bell
Belt Collins Hawaii, Ltd.
680 Ala Moana Boulevard, First Floor
Honolulu, Hawaii 96813-5406
Dear Mr. Bell:
Change of Zone Ordinance No. 93-66 (REZ 743)
Applicant: Liliuokalani Trust
Subject: Annual Progress Report (Compliance with Condition P)
Tax Map Key: 7-4-O8:Portion of 12
This is to acknowledge receipt of your annual progress report for the above-referenced Change
of Zone Ordinance. Thank you for wmplying with this requirement.
Please be informed that your next annual progress report will be due on or before
October 4, 1998, the effective date of zoning for Lot 1 of Change of Zone Ordinance No. 93-
66.
Please be reminded, that Condition B states requirements for the effective date of Lot 2 to be
within five (5) years from the effective of zoning for Lot 1 or by October 4, 1998. Should
you need an extension, the Planning Director may grant an administrative extension up to one
year.
Furthermore, should you require any additional extensions in which to comply with
wnditions, beyond the administrative extension, your request and reasons, along with 15
espies, shall be forwarded to the Planning Commission with a filing fee of $250. In addition,
changes to the County Zoning Code effective December 7, 1996, now requires the applicant to
inform surrounding property owners twice -initially, upon filing the request at the Planning
Department and again, upon being notified of the scheduled public hearing.
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NOV 0 `1997
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Mr. James R. Bell
Page 2
November 3, 1997
Please refer to the County Zoning Code, Division 4, Amendments, for additional guidelines.
Should you have any questions regarding this matter, please contact Susan Gagorik or Alice
Kawaha at 961-8288.
' cerely, I
I~
~VI~GIlVIA GOLDSTEIN
(UJ Planning Director
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cc w/attach: County Council ~
Planning Commission
West Hawaii Office
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BELT COLLINS
H A W A 1 I
October 8, 1997
145-0200/97A-570
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Ms. ~ ~rginia Goldstein, Director
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Planning Department -
County of Hawaii ~
25 Aupuni Street
Hilo, Hawaii 96720 - - ~
Dear Ms. Goldstein:
Attached please find the 1997 Annual Progress Report for Hawaii County
Zoning Ordinance No. 93-66. If you have any questions, please call me or Sue
Sakai at 521-5361 in Honolulu.
Sincerely yours,
BELT COLLINS HAWAII LTD.
es R. Bell
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cc: Frank Jahrling
Attachment
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680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU, HAWAII 96813-5406 U.S.A., TEL: 808 521-5361 FAX: 808 538-7819
ENGINEERING • PLANNING • LANDSCAPE ARCHITECTURE • ENVIRONMENTAL CONSULTING
HAWAII • SINGAPORE • HONG KONG • AUSTRALIA • MALAYSIA • THAILAND • GUAM • FLORIDA
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ANNUAL PROGRESS REPORT
County Zoning Conditions, Ordinance No. 93-66
Liliuokalani Trust Keahuolu Lands -Phase 1 Mauka Urban District
October 4, 1997
Introduction and Summary
This is a report of the status of development of Liliuokalani Trust's 315-acre Phase I 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. 93-66. Listed below are eac~+ of the conditions, presented in italics,
followed by the status report in regular type.
In summary, construction of required onsite and offsite infrastructure for the first increment
of development was completed in November 1994. Kmart was opened on November 17,
1994, and Liberty House was opened June 28, 1997.
On December 7, 1996, the County approved Amendment 96-160 to Chapter 25 of the
Hawaii County Code relating to zoning. Section 25-3-1 (b) of 96-160 redesignated
building sites within the Commercial Office (CO) District as General Commercial (CG)
District; therefore, all references to CO should be considered as CG in this report.
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 acknowledgges 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 CO-10, 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 (1) 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 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
its water transmission and distribution system. The rezoning for Lot 2 shall become
effective when the applicant had provided assurances satisfactory to the Departments of
Water Supply and P anninp upon consultation with the State Department of Health and
the State Department of Land and Natural Resources, that a water source(s) of sufficient
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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 five (S)
years after the effective date of zoning for Lot 1. 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 satisfiEJ the requirements of Condition (e)
for each lot.
The first part of this condition regarding Lot 1 (49.9 acs.) has been completed; October 4,
1993 was the effective date of zoning of Lot 1. The zoning for Lot 2 will need to be
effective October 4, 1998. '
Construction of the water system (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.
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 flaps 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/reintermenU 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 Kmart and Liberty
House projects as well as the needed infrastructure (roads, water, sewer, etc.) for those
projects has been accomplished. The State Historic Preservation Division has agreed that
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all remaining archaeological work in the 315-acre Phase I Urban District area, including
the 28-acre archaeological preserve, must be completed by January 1, 1999. An
extension can be requested if no development is occurring and the archaeological sites are
not threatened.
Condition 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 the Makalapua project.
Condition Preliminary vehicular access to Lot 1 from Queen Kaahumanu Highway
(i.e., Queen Liliuokalani 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 Queen
Liliuiokalani Blvd. 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 Queen Liliuokalani Boulevard to Palani Road
prior to the issuance of the first certificate of occupanry 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
improvement of Kamakaeha Avenue to dedicable standards will be submitted to the
Department of Public Works at the appropriate time, upon development of the CG-10
zoned lands outside the first increment (Lot 1).
Condition (G) Vehicular access points onto Queen Liliuokalani Boulevard shall meet
with the approval of the Department of Public Works. The Queen Liliuokalani 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
CO-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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s
Condition (H) 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 Queen Liliuokalani 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 Queen Liliuokalani 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 Queen Kaahumanu
Boulevard extension may consist of upgraded improvements meeting with the approval of
the Department of Public Works.
This condition has been met including the dedication of the additional right-of-way along
Palani Road. The strip of land for the additional right-of-way has been subdivided, and
the dedication is complete.
Condition (1) 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 Cot 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. 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 Maryl Development has completed the building of
Henry Street within this right-of-way.
Condition Q) 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 Queen Liliuokalani Boulevard-Queen Kaahumanu
Highway intersection meeting 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). The Trust is working with the
State Department of Transportation on its planned widening of Queen Kaahumanu
Highway from Henry Street to the airport.
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Condition (IQ 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 Funning 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 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.
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
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 is the fourth annual progress report.
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 the County.
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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 onggfinally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year); and e) if the applicant
should require an additional ex~rnsion 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 fir, a timely fashion, the Director shall
initiate rezoning of the area to its original or more appropriate designation.
No time extension has been requested.
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