HomeMy WebLinkAboutREP PC 040 07/07/1999 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE: July 7, 1999 Re: C-345/Bill No. 97
PLACE: Councilroom
TIME: 2:40 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 97, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 345, dated June 21, 1999, regarding the change
of zone request by Lanihau Partners, L.P., at Lanihau 2nd and Moeauoa 2"d, North Kona,
Hawaii, TMK: 7-5-04:07, 55 and 56 reports as follows:
Bill No. 97 amends Ordinance No. 684 (as amended by Ordinance Nos. 90-83 and 95-12) and
Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, which changed the district classification for approximately 25.783 acres of land
from an Agricultural (A-la) to a General Commercial (CG-20) zoned district, by deleting
Condition E in its entirety.
The quadrangular shaped lot, owned in fee by KKI, Inc., and leased to Lanihau Partners L.P. and
subleased to Lanihau Center Venture, is located at the southwest corner of the intersection of
Queen Kaahumanu Highway and Henry Street.
On April 10, 1981, the County Council adopted Ordinance No. 684, which changed the district
classification from Agricultural (A-la) to General Commercial (CG-20). Condition E required
that Phase II shall commence within one-year of completion of Phase I and shall be completed
within three years thereafter. The construction of Henry Street was also required as Condition H
of this Ordinance.
On March 12, 1982, the applicant requested aone-year time extension to comply with
Condition C, in which to obtain Final Plan Approval for Phase I, because Dillingham
Corporation, the original developer of the project backed out of the agreement. The time
extension was granted until April 9, 1983. On March 2, 1983, the applicant requested a second
time extension for the same purpose, and was granted the extension until Apri19, 1984. A third
extension request was made on March 5, 1984, for the same reason, but based on the planned
opening of Hilo's Prince Kuhio Plaza which caused the anchor tenants to delay their plans for
opening stores in Kona, and the extension was granted until April 9, 1985. A fourth request was
made on March 1 1, 1985, and granted until Apri] 9, 1985.
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On January 18, 1988, the construction of Phase 1 was completed with the closing of the building
permit for Foodland Supermazket (Sack `N Save), and on December 8, 1989, the Planning
Department informed the applicant that Condition E of Ordinance No. 684 required that
construction of Phase II commence within one year of completion of Phase II or by
January 18, 1989. The applicants were also informed that according to a legal opinion issued by
Corporation Counsel no further administrative time extensions could be granted.
On January 31, 1990, the applicant requested an amendment to Condition E of Ordinance
No. 684 to allow additional time in which to commence construction of Phase II of the Lanihau
Shopping Center to September 30, 1991. On July 16, 1990, the Council adopted Ordinance
No. 90-83, which amended Condition E to allow the applicant until September 30, 1991, to
commence construction of Phase II of the development.
On August 6, 1991, the Planning Director determined that the construction of Henry Street,
which was required as Condition H of Ordinance No. 684 as amended by Ordinance No. 90-83,
would satisfy the requirements of Condition E. On September 12, 1991, the Notice to Proceed
with the construction of Henry Street was given and on February 15, 1994, the construction was
completed and dedicated to the County of Hawaii.
On March 18, 1994, the applicant requested an amendment to Condition E to allow additional
time to complete Phase II. On December 30, 1994, the County Council adopted Ordinance
No. 95-12, which amended Condition E to allow the applicant until September 30, 1999, to
complete construction of Phase II of the development.
In a letter dated April 12, 1999, the applicant requested an amendment to Condition E of Change
of Zone Ordinance No. 684 as amended by Ordinance No. 90-83 and 95-12, to delete
Condition E in its entirety.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map classification is High
Density Urban Development which allows for commercial, multiple residential and related
services. The Kona Regional Plan designates the subject area for General Commercial uses. The
Kailua Village Special District designation is for commercial uses. The property is outside the
study area of the Keahole to Kailua Development Plan and the County Zoning is General
Commercial. The property is situated within the Special Management Area.
Your Committee had praise for Lanihau Partners and all of the improvements they have
contributed to in the past.
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Your Committee did not entertain any further discussion regarding this change of zone request.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration to the change of zone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No 97, and
recommends it pass first reading.
AvES NOES A & E EX Respectfully submitted,
LEITHEAD-TODD X
TYLER x COMMITTEE ON NNI I~"
CHUNG X
ELARIONOFF X -
JACOBSON X
wslccHlo x O JEAN LEITHEAD-TODD, CHAIR
SMITH X PC REPORT NO. 40
YAGONG X
ARAKAKI E.o.M. ADOPTED: dUL ~ 8 1999