HomeMy WebLinkAboutBIL 278 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 27s
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 91-27, WHICH RECLASSIFIED
LANDS FROM OPEN (O) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU,
NORTH KONA, HAWAII COVERED BY TAX MAP KEY 7-4-15,~3PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 91-27 is amended to read as follows:
"SECTION 1. Section [25-89, Article 3,] 25-8-5. Article 8. Chapter 25 (Zoning Code)
of the Hawaii County Code, is amended to change the district classification of the property
described hereinafter as follows:
The district classification of the following azea situated at Keahuolu, North
Kona, Hawaii, shall be Village Commercial (CV-10):
Beginning at the Westernmost comer of this portion of Lot 8 of the Kona Industrial
Subdivision, Unit 4 (File Plan 1617), the coordinates of said point of beginning
referred to Government Survey Triangulation Station "KAILUA (NORTH
MERIDIAN)" being 1,609.61 feet North and 732.72 feet West and running by
azimuths measured clockwise from True South:
Thence, for the next five (5) courses following along the remainder of Lot 8
and along the remainder of Royal Patent 6851, Land Commission Award 8452,
Apana 12 to Keohokalole:
1. 205° 51' 102.00 feet to a point;
2. 295° 51' 218.45 feet to a point;
3. 298° 42' 39" 160.90 feet to a point;
4. 25° 11' 39" 93.97 feet to a point;
1
5. 115° 51' 380.21 feet to a point of beginning and
containing an area of 0.874 Acres.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a
part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
(A) the applicant, successors or assigns, shall comply with all of the stated
conditions of approval;
[(B) subdivision plans for the future road widening strip shall be submitted to the
Planning Department within one yeaz from the effective date of the change of
zone. Final subdivision approval shall be secured within one yeaz from the
date of tentative subdivision approval;]
[(C)j IB] final Plan Approval of the development shall be secured from the Planning
Department within [one year] ten yeaz from [the date of Final Subdivision
approvall the effective date of this amendment. To assure adequate time for
plan approval review and in accordance with Chapter [25-244] 25-2-72
(Zoning Code), plans shall be submitted aminimum offorty-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;
[(D)] j~ construction shall commence within one yeaz from the date of receipt of Final
Plan Approval and be completed within two years thereafter;
[(E) the landowner shall donate the 62-foot wide strip of land fronting Queen
Kaahumanu Highway to the State for roadway purposes within one yeaz from
the date of Final Subdivision Approval;]
2
[(F)] 1121 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;
[(G)] 1,$1 driveway access(es) shall be approved by the Department of Public Works;
[(H)] (F~ improvements to Eho Street-Queen Kaahumanu Highway intersection shall
meet with the approval of the Departments of Transportation-Highways
Division and Public Works;
[(I)] LGj a drainage system meeting with the requirements of the Department of Public
Works shall be installed;
[(J)] jl~l all other applicable laws, rules, regulations and requirements be complied with;
[(K)] ~ 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;
[(L)] 1~1 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; and
3
[(M)] f,K) an initial extension of time for the performance of conditions within the
ordinance maybe 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 aze not the result of their fault or negligence;
2) granting of the time extension would not be contrary to the genecal 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; (and]
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 yeaz maybe 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 azea to its original or more
appropriate designation."
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
4
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY: ~
C~ICIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REPERENCE~ Comm. 821
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v123AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~S-9-S (IKAII...UA URBAN ZONE
MAP) ARTICI..E 9, GHAPTCR '~5 (ZONING CODE)
OF THE HAWAII COUNTY CODE, BY CHANGING
THE DISTRICT CLASSIFICATION FROM OPEN
~O) To VILLAGE GoMMCRCIAt (cv-10) AT
KGAHUOI_U, NORTH KONA, HAV~IA11.
PRE PAR LaC BY = PLANNING DEPARTMENT
GOUNT`~' OF HAWAi(
T~„iK = 7-4-15 = 15 PoRTION~ JAN•.91, 19 Q~
EXHIBIT "A~~
_ ' -
BELT COLLINS
May 23, 2000
245-0100/OOA-328
Ms. Virginia Goldstein
Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Amendment to Change of Zone Ordinance No. 91-27 (REZ 684)
Applicant: Liliuokalani Trust
Request: Extension of Time to Condition C,
Delete Condition B (Final Subdivision Approval) and E (Donation of Land)
Tax MaRKey: 7-4-015: 015
Please refer to the May 5, 2000 memo from Mr. Milton Pavao of the
Department of Water Supply (DWS) to yourself regarding the above (attached for
reference).
In the DWS memo, it is noted that the subject parcel is provided with a
service lateral that will accommodate aone-inch meter with a daily maximum of
1,500 gallons of water. We understand that in 1988 and as part of the change of
zone application process, a request was made to Mr. Melvin Shapiro by DWS for
anticipated maximum daily and peak hour water demand figures for the
proposed development.
Mr. Melvin Shapiro no longer has any lease interest in the subject parcel.
There are no current development plans for the subject parcel nor has the land
been leased by Liliuokalani Trust to a developer at this time. As a result, the Trust
is unable to provide DWS with any further details regarding the water demand
requirements for any future development.
As landowner, Liliuokalani Trust will abide by or will ensure that future
developers will abide by DWS's request that water demand figures for proposed
developments be submitted for DWS's review and comment, for the purposes of
assessing any required water commitment deposits due to demand exceeding
the existing commitments (1,500 gallons per day). We note that this requirement
is not included within any of the conditions for Ordinance No. 91-27.
•
BELT COLLWS HAWAII LTD 680 ALA MOANA BWLE'?ARD, FIRST FLOOR, HONOLULU, HAW 411 96813-5406 L'.S.A
TEL. b08 521.5}61 FAx. e0E 538-7619 EMAIL hawau®behmlLns wm WEB. w..wbdlmlLns.mm
PLANNING ENGINEERING LANDSCAPE ARCHITECTURE ENVIRONMENTAL CONSULTING
HAWAII • SINGAPORE • HONG KONG • AUST0.ALIA • THAILAND • MALAYSIA • PHILIPPINES • GUAM • SEAtiLE • SC OTTSDALE
Rel. Collrn• Naurr r. m Epual OPP~^.mn Emp o n
Ms. Virginia Goldstein
May 23, 2000 - OOA-328
Page 2
We welcome any questions or comments you may have.
Sincerely,
BELT COLLINS HAWAII LTD.
c_
Gene Yong
GY:gk
cc Milton Pavao
Frank Jahrling
Enclosure
MAY. 16.2000 1~05PM F. N0.072 P. lil
''nyws~,v'~ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
2p AuLUNt pTl1![T . HI LO. HAWAII D671D
September 6, 198b Poet-h' Fex Note ~s~t o~16 'oo Pp$.:? I
7b C~enG yov, San
rA~~ uk ~ ~ ~V9
P^°^°"Boa- 52~• 5a61 qb i-ebbs
70: Pianntng Depart~ettt 5~-78tq R'~• Abl-gb5
FROM: H. William Sewake. Manager
SUBJECT; CBANGE OF Z0~ APPLICATION {R88-28)
APPLICANT - MELYIN H. SHAPIRD
TAR HAP K!Y 7-4-15:PORTION 15
The sub3ect property fs prortded rich a service lateral that sill accoisno-
date a orte-inch Meter and up to a maxttttom of 1500 gallons of water per day.
The app7leant is requested to have hfs engineering consultant, registered in
the State of Hare11. submit anticipated naxiantm deity and peak hour water
detaend figures. Should addlttonal service beyond the 1560 gallons per day
allotted be required, the apRlicant ai11 be required to reiait a water
cotmiitrnent deposit based on the addttionel aalount of water.
Should theca be any gaPStions, please colt Mr. Quirtna Antonio of otrr stuff
at 9b9-1A22.
H. 1{/tllam Sewzke
Manager
QA
cc - Nr. Helvfn H. Shapiro
q~~ CAS 7- 4//
VVaEer 6rinq! proSrras...
MAY-16-2000 TUE 01:01 PM G3 P, 01
uR~
` r~
~ DEPARTMENT OF WATER SUPPLY COUNTY OF H.A,WAII
- , = j
Sri "t~ 25 AU PUNT STPEET HILO. HAY/A It-9'6 T2'd
XIM~
TELEPHONE (BOB) 961-8660 FAX (609) 361-6657
May 5, 2000
TO: Ms. Virginia K. Goldstein, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 91-27 (REL 684)
APPLICANT - LILNOKALANI TRUST
REQUEST: EXTENSION OF TIME TO CONDITION C, DELETE
CONDITION B (FINAL SUBDIVISION APPROVAL) AND E
(DONATION OF LAND)
TAX MAP KEY: 7-1-015:015
We have reviewed the subject proposed amendment and have no objections.
A review of our record shows that a 1988 request to Mr. Melvin H. Shapiro to submit anticipated
maximum daily and peak-hour water demand figures computed by an engineer, registered in the State
of Hawaii, has never been done. The current applicant is reminded that this is still outstanding. The
subject property is provided with a service lateral that will accommodate cone-inch meter with a daily
maximum of 1,500 gallons. Should the water demand figures show a need above this amount, then the
applicant will be required to remit a water commitment deposit based on the additional amount of
water.
If' you have any questions, please contact our Water Resources and Planning Branch at 961-8665.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
BCM:gms
copy - Liliuokalani Trust
Belt Collins Hawaii
~l /I ~n fnr ~rinn1 nrnn ro~ti...
BLILNOI.emm-05/I8/00
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROiJND REPORT
LILIUOKALANI TRUST
AMENDMENT TO CONDITIONS C (EXTENSION OF TIME)
DELETE CONDITIONS B (FINAL SUBDIVISION APPROVAL) AND E
(DONATION OF LAND)
CHANGE OF ZONE ORDINANCE NO. 91-27 _
LILIUOI{ALANI TRUST has submitted an application to amend Condition C (Secure
Final Plan Approval), and delete Conditions B (Final Subdivision Approval) and E (Donation
of Land) of Ordinance No. 91-27 (REZ 684) which reclassified approximately 0.874 acre land
from Open (O) to Village Commercial (CV-10). The property is located along the makai side
of Queen Ka'ahumanu Highway between Eho Street and the Kona Coast Shopping Center,
Keahuolu, North Kona, Hawaii, TMK: 7-4-15:15.
[:F.NERA L. INFORMATION
1. Land Ownership: Liliuoltalani Trust, a private non-profit organization is the fee
simple owner of the subject property.
RF.L.ATF.D INFORMATION
2. In 1970, Liliuoltalani Trust submitted a change of zone application for a portion of the
subject parcel consisting of 7.2 acres of land. The request was for a change from
General Industrial-1 acre (MG-la) to Village Commercial-10,000 square feet (CV-10)
zoned district. A 50-foot wide strip of land fronting the then Kailua-Kawaihae Road
was depicted on the site plan submittal as a buffer strip.
3. June 3, 1987: Ordinance No. 400 was approved which reclassified approximately
6.143 acres land from General Industrial-1 acre (MG-la) to Village Cotnmercial-
10,000 square feet (CV-10).
4. March 21, 1991: Ordinance No. 91-27 was approved by the County Council which
reclassified approximately 0.874 acre land from Open (O) to Village Commercial
(CV-10). The request was conditioned upon retaining a 62-foot wide open strip
-1-
fronting Queen Ka'ahumanu Highway for "widening" purposes. (See Exhibit A)
5. May 24, 1993: Final Subdivision Approval was granted by the Planning Director for a
three lot subdivision Lot 8-A, 8-B for Eho Street Extension and Lot 8-C (for highway
widening).
6. August 1, 1994: A dedication deed was executed by the Liliuokalani Trust which
donated a 62-foot wide strip of land fronting the project site for roadway purposes as
required by Condition E of Ordinance No. 684.
7. July 10, 1998: Final Subdivision Approval to the State Department of Transportation
was granted by the Planning Director for 19 pazcels required for the construction of the
widening of Queen Ka'ahtrmanu Highway.
8. Conditions B, C and E of Ordinance No. 91-27 state the following:
"(B) subdivision plans for the future road widening strip shall be submitted to the
Planning Department within one yeaz from the effective date of the change of
zone. Final subdivision approval shall be secured within one yeaz from the date
of tentative subdivision approval;
(C) final Plan Approval of the development shall be secured from the Planning
Department within one yeaz from the date of Final Subdivision approval. To
assure adequate time for plan approval review and in accordance with Chapter
25-244 (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;
(E) the landowner shall donate the 62-foot wide strip of land fronting Queen
Kaahumanu Highway to the State for roadway purposes within one year from
the date of Final Subdivision Approval;"
PROPOSED DEVEL.OP1_~NT
9. Request: The applicant is proposing to amend Condition C (Secure Final Plan
Approval), and delete Conditions B (Final Subdivision Approval) and E (Donation of
Land) of Ordinance No. 91-27 (REZ 684).
10. Objectives: "On behalf of Liliuokalani Trust, we aze requesting a time extension for
-2-
ten years from the effective date of this proposed amendment to fulfill the requirements
outlined in Condition C of Ordinance 91-27 for Final Plan Approval to be secured from
the Planning Department.
"As was acknowledged by the Planning Department in its letter dated May 28, 1999, it
has been the Trust's intention to submit a new time extension request once a final
right-of--way agreement has been reached with the State Department of Transportation
for its proposed widening of Queen Kaahumanu Highway. Since our previous Annual
Report of April 12, 1999, the State has finalized its acquisition of Trust land between
Eho Street and Palani Road for its proposed widening of Queen Kaahumanu Highway.
"As a result the Trust is now submitting its request for a time extension based on the
following considerations:
"1) A request for a ten yeaz extension reflecting the Trust's understanding of
prevailing market conditions in West Hawaii and the time frame necessary to
identify a prospective developer for the pazcel.
" 2) The Trust has complied and will continue to comply with all conditions within
Ordinance 91-27, including its dedication of land to the State of Hawaii for the
widening of Queen Kaahumanu Highway.
" 3) The granting of the time extension will allow the pazcel to remain within the
Commercial Village zoning district, thereby allowing the parcel to remain
consistent with its designation within the General Plan's High Density Urban
Development zone.
"In addition to this request for time extension, we aze asking that Conditions (B) and
(E) be deleted, as these conditions have been complied with and all necessazy actions
by the Trust have been completed."
11. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit B -Letter dated March 28, 2000)
STATF. AND COUNTY PLAN$
12. SLUC: Urban
13. Hawaii State Plan Consistency: Economic and Commercial objectives and policies.
-3-
14. General Plan Consistency: Economic, Land Use and Commercial elements goals,
policies and courses of action for North Kona.
15. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: High Density
Urban Development and Urban Expansion. High Density Urban Development allows
for commercial, multiple residential and related services (general and office
commercial; multiple residential - up to 87 units per acre), and Urban Expansion
allows for a mix of high density, medium density, low density, industrial and/or open
designations in azeas where new settlements may be desirable.
16. Kona Regional Plan: The Kona Regional Plan land use concept map designates the
subject area for General Cotmercial uses.
17. Kailua Village Special District (KVSD): The subject property is situated within the
KVSD boundary.
18. Keahole to Kailua Plan: The property is within the study area of the Keahole to
Kailua Development Plan. The land use plan identifies the property for Urban
Expansion.
19. County Zoning: The property is currently zoned Village Commercial-10,000 squaze
feet (CV-10) zoned district.
20. SMA: The property is not situated within the Special Management Area.
DFSCR_iPTION OF SURiF.CT PROPERTY AND SURROUNDING AREA
21. Property: The subject pazcel has a total azea of approximately .874 acres. The
property is rectangulaz shaped. The pazcel is located adjacent to the Kona Coast
Shopping Center commercial development. The property is vacant of any structures or
uses.
22. Surrounding Zoning/Land Uses: Lands in the vicinity of the project area are zoned
CV-10, CG-20 and MG-la. The existing Kona Coast Shopping Center development is
situated to the south. Lands to the west aze part of the 51 lots in the existing Kona
Industrial Subdivision and contain various industrial buildings and activities. To the
east of the subject property aze other Queen Liliuokalani Trust lands including the
Makalapua Center; and further to the southwest is the Lanihau Shopping Center.
-4-
23. FIRM: The property is located within Zone X, area determined to be outside the
500-year flood plain.
24. ALISH System: Unclassified.
25. USDA Soil Survey Report: The are two types of soils on the subject property:
1) Pahoehoe Lava Flows (rLV~. This lava has a billowy, glassy surface that is
relatively smooth. In some areas, the surface is rough and broken, and there are
hurttmocks and pressure domes. Pahoehoe lava has no soil covering and is typically
bare of vegetation except for mosses and lichens.
2) Punaluu extremely rocky peat (rPYD): This consists of well-drained thin organic
soils over pahoehce lava bedrock. The surface layer is black peat about 4 inches thick.
It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is
rapidly permeable, although water moves rapidly through the cracks. Runoff is slow,
and the erosion hazard is slight. This soil is used for pasture.
26. Land Study Bureau: The Land Study Bureau's overall master productivity rating for
agricultural use is Class "E" or Poor.
PUBLIC FACIL.ITIFS ND SERVICE
27. Access: Access to the proposed development is proposed via the 60-foot easement,
which would serve as an extension from Eho Street to Queen Ka'ahumanu Highway.
Eho Street intersects with Luhia Street, which runs parallel to Queen Ka'ahumanu
Highway and intersects with Kaiwi Street. Queen Ka'ahttmanu Highway has aright-of-
way width of 120 feet at the southern end of the property (Keauhou side) tapering to a
width of 80 feet at the northern end of the property (Kawaihae side). Queen
Ka'ahumanu Highway is projected to have a 150-foot wide right-of-way at this
transect. In order to accomplish this, the State Department of Transportation,
Highways Division, requested the 62-foot wide future road widening strip on the makai
side of the highway and an 8-foot wide future road widening strip on the mauka side of
the highway. A dedication deed was executed by the Liliuokalani Trust which donated
a 62-foot wide strip of land fronting the project site for roadway purposes as required
by Condition E of the Ordinance No. 684.
-5-
28. Water: Water is available to the property from cone-inch meter.
29. Utilities: Electrical and telephone services will be made available to the property.
A[:F.NCIF.S' COMMENTS
30. Department of Public Works (May 9, 2000 Memo):
"We have reviewed the subject application and have no comments or objections to the
request. "
31. Department of Water Supply (May 5, 2000 Memo):
"We have reviewed the subject proposed amendment and have no objections.
"A review of our record shows that a 1988 request to Mr. Melvin H. Shapiro to submit
anticipated maximum daily and peak-hour water demand figures computed by an
engineer, registered in the State of Hawaii, has never been done. The current applicant
is reminded that this is still outstanding. The subject property is provided with a
service lateral that will accommodate aone-inch meter with a daily maximum of 1,500
gallons. Should the water demand figures show a need above this amount, then the
applicant will be required to remit a water commitment deposit based on the additional
amount of water."
32. Police Department (May 5, 2000 Memo):
"Staff has reviewed the above-referenced application and does not believe that the
project will have any negative impact on police services or traffic in the area."
33. Department of Transportation (Apri125, 2000 Memo):
"Thank you for your transmittal of Apri15, 2000, requesting our comments regarding
the above subject.
"We have no objections to the applicant's request for the time extension to condition
`C' and deleting conditions `B' and `E' of the Change of Zone Ordinance No. 91-27
(12EZ 684)."
AGENCIES - NO RESPONSI•r
34. Fire Department, Department of Health and Tax Office
Pi1RL.IC COMMENT$
35. The Depaztment has not received any comments or objections from the public or
adjacent landowners on the subject application.
-6-
COUNTY OF HAWAII STATE CAF HAWAII
BILL NO. 39~
(Dra:t 2)
ORDINANCE NO. 91 27
AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
HY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO
VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-4-15:15 (PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-89, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Keahuolu, North Kona, Hawaii, shall be Village
Commercial (CV-10):
Beginning at the Westernmost corner of this portion of
Lot 8 of the Kona Industrial Subdivision, Unit 4 (File
Plan 1617), the coordinates of said point of beginning
referred to Government Survey Trainqulation Station
"KAILUA (NORTH MERIDIAN)' being 1,609.61 feet North and
732.72 feet West and running by azimuths measured
clockwise from True South:
Thence, for the nezt five (5) courses following along
the remainder of Lot 8 and along the remainder of
Royal Patent 6851, Land Commission Award 8452,
Apana 12 to Keohokalole:
1. 205° 51' 102.00 feet to a point;
2. 295° 51' 218.45 feet to a point;
3. 298° 42' 39" 160.90 feet to a point;
EXHIBIT'
,
9. 25° 11' 39" 93.97 feet to a point;
5. 115° 51' 380.21 feet to a point of
beginning and containing
an area of 0.879 Acres.
All as shown on the map attached hereto, marked
Ezhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, successors
or assigns, shall comply with all of the stated conditions of
approval; (S) subdivision plans for the future road widening
strip shall be submitted to the Planning Department within one
year from the effective date of the change of zone. Final
subdivision approval shall be secured within one year from the
date of tentative subdivision approval; (C) final Plan Approval
of the development shall be secured from the Planning
Department within one year from the date of Final Subdivision
approval. To assure adequate time for plan approval review and
in accordance with Chapter 25-244 (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; (D) construction shall commence within one
year from the date of receipt of Final Plan Approval and be
completed within two years thereafter; (E) the landowner shall
donate the 62-foot wide strip of land fronting Queen Kaahumanu
Highway to the State for roadway purposes within one year from
-2-
the date of Final Subdivision Approval; (F) 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; (G) driveway access(es) shall be approved by the
Department of Public Works; (H) improvements to Eho
Street-Queen Kaahumanu Highway intersection shall meet with the
approval of the Departments of Transportation-Highways Division
and Public Works; (I) a drainage system meeting with the
requirements of the Department of Public Works shall be
installed; (J) all other applicable laws, rules, regulations
and requirements be complied with; (K) should the council adopt
a Unified Impact Fees ordinance setting forth criteria for the
imposition of ezactions 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; (L) 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
-3-
have been complied with and the Planning Director acknowledges
that further reports are not required; and, (M) an initial
eztension 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 eztension would not be contrary to the general plan or
zoning code; 3) granting of the time eztension would not be
contrary to the original reasons for the granting of the change
of zone; and 4) the time eztension granted shall be for a
period not to ezceed the period originally granted for
performance (i.e., a condition to be performed within one year
may be eztended for up to one additional year); and 5) if the
applicant should require an additional eztension 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.
-4-
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED HY:
COU CIL MEMBE COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: March 6, 1991
Date of 1st Reading: March 6, 1991
Date of 2nd Reading: March 21, 1991
Effective Date: March 21, 1991
-5-
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AMENDMENT TO THE ZONING CODE
AMENDINGi SECTION 25-8° (KAILUA URBAN ZONE
MAP) ARTIC~-E B1 C?"IAPTER 'Z5 (ZONING COflE)
OF THE HAWAII COUNTY COpE, !3Y CHANGING
THC OtSTRICT CL.ASSIPICATION FROM OPEN
~O~ To Vtt.._LAGE GOMMERGIAL ~C~/-10) AT
KEAHUOI,.U, NORTH KONA, HAV~lA11.
PRE PARCH BY ~ PLANNING ~BpARTMENT
CouNTY of HAWAII
7~"1 K : 7-4.15 = 15 PORTION ,JAN • .91, 19 Q°~
EXHIBIT '1A11
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BELT COLLINS
March 28, 2000
245-0100/OOA-218
Ms. Virginia Goldstein, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Request for Time Extension (Condition C)
and Annual Report (Condition L)
Change of Zone Ordinance No. 91-27 (REZ 684)
Liliuokalani Trust
Tax Map Key: 7-4-15:15
Please refer to Ordinance 91-27, our Annual Report dated April 12, 1999 in
compliance with Condition L of Ordinance 91-27, and the Planning Department's
acknowledgement on May 28, 1999.
Please find within this letter: 1) a Request for aTen-Year Time Extension to
Condition C of Ordinance 91-27 (including a $250 filing fee, an original and 20 copies of
this request), and 2) our 2000 Annual Report in compliance with Condition L of
Ordinance 91-27.
REQUEST FOR TIME EXTENSION TO CONDITION C
On behalf of Liliuokalani Trust, we are requesting a time extension of ten years from
the effective date of this proposed amendment to fulfill the requirements outlined in
Condition C of Ordinance 91-27 for Final Plan Approval to be secured from the Planning
Department.
As was acknowledged by the Planning Department in its letter dated May 28,
1999, it has been the Trust's intention to submit a new time extension request once a final
right-of-way agreement has been reached with the State Department of Transportation for
its proposed widening of Queen Kaahumanu Highway. Since our previous Annual
Report of April 12, 1999, the State has finalized its acquisition of Trust land between Eho
Street and Palani Road for its proposed widening of Queen Kaahumanu Highway.
As a result, the Trust is now submitting its request for a time extension based on the
following considerations:
EXHIBIT
BELT COLLINS HAWAII LTD. 680 ALA MOANA BOULEVARD, FIRST FLOOR, HONOLULU. HA W'All 96813-Si06 C.5 A
TEL: 808 5215361 FAX 808 538-7819 EMAIL: hawau®bel¢olbm.com WEB: www.belrcollms.com
PLANNING ENGINEERING LANDSCAPE ARCHITECTUREEN VIRONMENTAL CONSULTING
HA V/A 11 • SINGAPOPE • HONG KONG • AUSTRALIA • THAILAND • MALAYSIA • PHILIPPINES • GUAM • EEATTLE • SCOTTEDALE
Beli Coll~na He-.~i i~ •n Epu•I Oppoe~un~ey Emple.er
Ms. Virginia Goldstein, Director
March 28, 2000 - OOA-218
Page 2
1) A request for a ten year extension reflecting the Trust's understanding of
prevailing market conditions in West Hawaii and the time frame necessary to
identify a prospective developer for the parcel.
2) The Trust has complied and will continue to comply with all conditions
within Ordinance 91-27, including its dedication of land ro the State of
Hawaii for the widening of Queen Kaahumanu Highway.
3) The granting of the time extension will allow the parcel to remain within the
Commercial Village zoning district, thereby allowing the parcel to remain
consistent with its designation within the General Plan's High Density
Urban Development zone.
In addition to this request for time extension, we are asking that Conditions (B) and
(E) be deleted, as these conditions have been complied with and all necessary actions by
the Trust have been completed.
ANNUAL REPORT
Condition (A). The applicant, successors or assigns, shall comply with all of the stated conditions of
approval.
Acknowledged.
Condition (B). Subdivision plans for the future road widening strip shall be submitted to the Planning
Department within one year from the effective date of the change of zone. Final subdivision approval
shall be secured within one year from the date of tentative subdivision approval.
The Trust proposes that Condition (B) be deleted, as final subdivision approval has
been secured for the road widening strip.
Condition (C). Final Plan Approval of the development shall be secured from the Planning Department
within one year from the date of Final Subdivision approval. To assure adequate time for plan approval
review and in accordance with Chapter 25-244 (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 is requesting aten-year extension as described above.
w
Ms. Virginia Goldstein, Director
March 28, 2000 - OOA-218
Page 3
Condition (D). 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 C has been met.
Condition (E). The landowner shall donate the 62-foot wiae Strip of land fronting Queen Kaahumanu
Highway to the State for roadway purposes within one year from the date of Final Subdivision Approval.
The Trust proposes that Condition (E) be deleted, as the State has completed its
acquisition of a 62-foot wide strip of Trust land for the widening of Queen
Kaahumanu Highway between Palani Road and Eho Street.
Condition (F). 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. With the State's acquisition of the easement area for its future
widening of the highway, future improvements may occur within the highway
right-of-way.
GondFtion (6). Driveway access(es) shall be approved by the Department of Public Works.
Acknowledged.
Condition (H). Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with
the approval of the Departments of Transportation-Highways Division and Public Works.
Acknowledged.
Londition (I). A drainage system meeting with the requirements of the Department of Public Works
shall be installed.
Acknowledged.
Condition (J). All other applicable laws, rules, regulations and requirements be complied with.
Acknowledged.
Ms. Virginia Goldstein, Director
March 28, 2000 - OOA-218
Page 4
Condition (K). Should the council adopt a Unified Impact Fees ordinance netting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein may, at the
developers election, be satisfied by performance in accordance with the requirements of the Urnfied
Impact Feez Ordinance.
Acknowledged.
Condition (L). 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.
Submitted herewith for 2000.
Condition (M). 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.
As was acknowledged in our update dated April 12, 1999, the Trust had earlier
indicated that it would submit a new extension request "at such time as a final right-
of-way agreement on the Queen Kaahumanu Highway taking is reached with the
State." Liliuokalani Trust is submitting herewith its request for aten-year extension
of time for performance of Condition C (see request above).
Ms. Virginia Goldstein, Director
March 28, 2000 - OOA-218
Page 5
If you have any questions or comments, please do not hesitate to call me at (808)
521-5361
Sincerely,
BELT COLLINS HAWAII LTD.
es R. Bell
GY:gk
Enclosures
cc: Frank)ahrling