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HomeMy WebLinkAboutCOM 0345.000 1998-2000 •rp• '•~o. William G. Davis Managing Director Stephen K. Yamashiro • ' M~lor Henry Cho Deputy Managing Director "si'i~•y ~IIlilif~t II~ ~.ti~tiii 25 Aupuni Street, Room 215 • Hilo, Hawaii %720-4252 • (BOB) 961-8211 • Fax (BOB) 961-6553 ~p KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawau 96740 ~ ~ (808)329-5226 Fax (808)326-5663 ~n C Cp Z ~7 z C: ro T• o~ m June 21, 1999 =m 3 ~ G N Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-004) Request: Agricultural to Rural Change of Zone Application (REZ 99-012) Request: A-Sa to RA-2a Applicant: Scott T. Nakahara and Susan Fujie Shimabuku Nakahara Tax Map Key: 6-2-9:10 Change of Zone Ordinance No. 684, (As Amended by Ordinances No. 90-83 and 95-12) (REZ 388) ' Applicant: Lanihau Partners, L.P. Request: Deletion of Condition E Tax Map Key: 7-5-04:7, 55 & 56 Change of Zone Application (REZ 99-006) Applicant: Queen Liliuokalani Trust - Request: A-la and A-Sato CG-10 Tax Map Key: 7-4-08:63 Amend Hawaii County Code Section 23-60 of Chapter 23 (Subdivision Code) Initiator: Planning Director ~polication Fees for Subdivision Plans Comm. Na ~ ~ S l3 r ~ ~ 7 PSIe No. - ZN 6 ~K(J Ref. To: p C Ref. Date N 2 3 pgq, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 June 21, 1999 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. erel ~ Stephen K. Yamashiro Mayor I.060499.MAY Enclosures cc: Planning Department (Y OF Stephrn K. Yamashiro Mayor ~••......°•;N~ ~ Or N~ fi~~ixnfg n~ tf~~ttt PLANNING COMMISSION 25 Aopuni Street, Room 109 • Hib, Hew~ii %720.4252 (808) %1.8288 Fut (SOS) %1-%l5 CO n Ca ~O Z JUN 2 1 1999-z+~. tiN-. 1 ~;i ~ R~ i7 3 _ - D'-~ l~~ ~ Honorable James Y. Arakaki, Chairman ~ c,~ and Members of the County Council -mac County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 684, (As Amended by Ordinances No. 90-83 and 95-12) (REZ 388) Applicant: Lanihau Partners, L.P. Request: Deletion of Condition E Tax Map Key: 7-5-04:7. 55 & 56 The Planning Commission, after a duly held public hearing on June 4, 1999, voted to recommend for your approval the proposed legislative bill to amend Condition E (commence and complete construction of Phase II) of Change of Zone Ordinance No. 684, as amended by Ordinance No. 90-83 and 95-12, which changed the district classification of approximately 25.783 acres of land from a Agricultural (A-la) to General Commercial (CG-20) zoned district. The amendment is to delete Condition E in its entirety. The property is located at the southwest corner of the intersection of Queen Kaahumanu Highway and Henry Street, Lanihau 2nd and Maeauoa 2nd, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The purpose of this request is to amend the performance requirements of Ordinance No. 684, as amended by Ordinance Nos. 90-83 and 95-12, to delete Condition E in its entirety. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 On August 6, 1991, the Planning Director determined that the construction of Henry Street is intimately tied to Phase II, and would satisfy the construction timetable requirements of Condition E, relating to the commencement of construction of Phase II of the Lanihau Shopping Center. On February 15, 1994, the construction of Henry Street was completed and dedicated to the County of Hawaii. The applicant's letter of April 12, 1999, states that the deletion of Condition E is being sought to recognize that the construction and completion of Henry Street between Kuakini Highway and Queen Kaahumanu Highway Extension satisfies the requirements of Condition E (construction of Phase II of the Lanihau Shopping Center). In adopting Ordinance No. 864, the primary concern was the impacts of the 25+ acres shopping center expansion on the traffic conditions in Kailua-Kona. In order to address this concern, a condition was placed on the applicant requiring the construction of Henry Street, on the southern boundary of the project azea, between Kuakini Highway and Queen Kaahumanu Highway Extension (Condition H). The applicant agreed to this condition with the understanding that the construction of Henry Street was integral with the construction of Phase II. Condition H does not set forth a timetable for the construction and opening of Henry Street. However, in order to comply with Condition E, relating to commencement of construction of Phase II, Lanihau proceeded with the construction of Henry Street at a cost of over $6.3 million and the dedication of over three acres of commercially zoned land. The construction of Henry Street was completed and dedicated to the County of Hawaii. Henry Street is a four lane boulevard with curbs, gutters, sidewalks with planted strips, raised and landscaped median, turning lanes, underground storm drain lines, a flood holding basin, and traffic light standards. In addition, the primary access to the site from Henry Street has been constructed and dedicated to the County of Hawaii. The proposed amendment would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primazy basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The proposed request would also complement the following goals and policies of the Commercial Element. Commercial Development * Provide for commercial developments that maximize convenience to users. * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems. * Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. * Applicable ordinances shall be reviewed and amended as necessary to include considerations for urban design, aesthetic quality and the protection of amenities in adjacent areas through landscaping, open space and buffer areas. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the vazious land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban Development, which allows for commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre). This commercial development area will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the High Density Urban Development form depicted on the LUPAG Map for this area of North Kona. The request is consistent with the following goals and policies of the Economic Element of the General Plan: Economic * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. * The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The Phase II site is an appropriate location for a regional shopping center, due to its proximity to other commercial developments, and the site is served by adequate infrastructure to support the expanded use. In order to ensure that this project continue to serve the needs of the community, that it continues to fit into the changing locale with minimal intrusion, and that it complies with the current standazds for urban design and open space, the request would allow the applicant to press forwazd for financing and leasing of the Phase II area and to incrementally develop the project to the best advantage of the site. In addition, the use of the land has not changed and the construction of the development is essentially the same as the one they proposed in 1980. The deletion of Condition E in its entirety would allow the applicant the flexibility to develop the project in a way that best meets the needs of the landowner, developer and the community as market and economic conditions allow. It would also ensure that infrastructure be provided commensurate with the impacts being generated by the project in a way that is fair to both the County and the landowner. Based on the above, the accompanying draft bill to amend Condition E and realphabetize the remaining conditions of Ordinance No. 684, as amended by Ordinance Nos. 90-83 and 95-12, is provided for your favorable consideration. (Material to be deleted is bracketed. New material is underscored.) For your favorable consideration, a draft bill to amend Condition E and realphabetize the remaining conditions of Ordinance No. 684, as amended by Ordinance Nos. 90-83 and 95-12 is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, G~!G~siGie.~iVi ~72%~1W Leonard S. Tanaka, Chairman Planning Commission LLanih02.PC Enclosures cc: Mr. James S. Greenwell Mr. Gregory R. Mooers Department of Public Works Department of Water Supply West Hawaii Office Kazu Hayashida, Director/DOT-Highways, Honolulu LANII-TACT PARTNEIZS L.P. ICaimuki Plaza 3465 Waialae Ave., Suite 260 Honolulu, HI 96616 Ph: (808) 732-2622 Fax (808) 732-2788 ,~,~,a;~ f~~~,~ 1 11 April 12, 1999 Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Deaz Ms. Goldstein: Subject: Amendment to Ordinance No. 684, as amended by Ordinance. No. 90-83 and No. 95-12 Lanihau Partners/Lanihau Center Venture/KKI, Inc. TMK: 7-5-04: 07, 55 and 56 We aze submitting this letter to request an amendment of certain conditions contained within Ordinance No. 684 as amended by Ordinance Nos. 90-83 and 95-12. The primary purpose of this request is to acknowledge that with the completion of construction and dedication of Henry Street, between Kuakini Highway and Queen Kaahumanu Highway Extension, that the developer has satisfied all the development deadline requirements for this change of zone. The property, which was reclassified from Agricultural 1-acre (A-la) to General Commercial-20,000 square foot (CG-20), consisted at that time of 25.783 acres and is owned by KKI, Inc. This land is leased to Lanihau Partners L.P. and subleased to Lanihau Center Venture who is the developer of the Lanihau Center Project. The subject property is located primarily on the north side of Henry Street between Kuakini Highway and Queen Kaahumanu Highway Extension at Lanihau 2"° and Moeauoa 2°°, Kailua-Kona, North Kona, Hawaii Island (TMK: 7-5-04: 07, 55 and 56). Due to the subsequent construction and dedication of Henry Street, the combined TMKs now comprise a total of 21.549 acres. The subject property is part of the Lanihau Center Complex. The Phase I of the complex, which is situated on 14.636 acres of land immediate to the north of the subject property, was reclassified from Agricultural (A-la) to General Commercial (CG-20) pursuant to Ordinance No. 566. This portion of the Lanihau Center complex was completed in 1986 and is anchored by Longs Drugs and Sack `n Save grocery story. C:\filea\LCV\Gni"au Cwbr-Mend to Ord 95-12.dw Virginia Goldstein, Director April 12, 1999 Page 2 Background 1. April ] 0, 1981: The County Council adopted Ordinance No. 684, which changed the district classification of TMK: 7-5-04: 07 from Agricultural (A-la) to General Commercial (CG-20). Condition C required the applicant to obtain Final Plan Approval for Phase I of this site within one yeaz, or by Apri] 10, 1982. Condition E required that Phase II (which is the subject of Ordinance No. 684) shall commence within one-year of completion of Phase I and shall be completed within three-years thereafter. The construction of Henry Street between Kualtini FLghway and Queen Kaahumanu Highway Extension was also required as Condition H ofthis Ordinance. 2. March 12, 1982: The applicant requested aone-year time extension in which to obtain Final Plan Approval for Phase I. The reason for this request was that the original developer of this azea, Dillingham Corporation, backed out of the agreement. 3. March 22, 1982: The Planning Director granted an administrative time extension until April 9, 1983, in which to comply with Condition C or Ordinance No. 684. 4. March 2, 1983: The applicant requested a second time extension in which to secure Final Plan Approval for Phase I. This request was based on unanticipated delays in planning and development of the project. 5. March 10, 1983: The Planning Duector granted the applicant a second administrative time extension until Apri19, 1984, in which to comply with Condition C of Ordinance No. 684. 6. March 5, 1984: The applicant requested a third time extension in which to secure Final Plan Approval for Phase I. This request was based on the planned opening of K'ilo's Prince Kuhio Plaza, which caused the anchor tenants to delay their plans for opening stores in Kona. 7. March 13, 1984: The Planning Director granted the applicant a third administrative time extension until Apri19, 1985 in which to comply with Condition C of Ordinance No. 684. 8. On March 11, 1985, the applicant requested a fourth time extension in which to secure Final Plan Approval for Phase I. 9. On March 13, 1985, the Planning Director granted the applicant a fourth administrative time extension until April 9, 1986, in which to comply with Condition C of Ordinance No. 684. C: Miles\LCV\Lanihau Center-Amend to Ord 95-SY.tlac Virginia Goldstein, Director April 12, 1999 Page 3 10. January 18, 1988: The construction of Phase I was completed with the closing of the building permit for the Foodland Supermarket (Sack `N Save) 11. 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 yeaz of completion of Phase II or by January 18, 1989. The Department further informed the applicant that a legal opinion issued by the Corporation Counsel's office prohibited the Department from granting any further administrative time extensions to Ordinance No. 684. 12. 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. Specifically, the applicant requested to extend the deadline for commencing construction until September 30, 1991. 13. July 16, 1990: The County Council adopted Ordinance No. 90-83, which amended Condition E to allow the apphcant until September 30, 1991 to commence construction of Phase II of the development. This ordinance also made housekeeping amendments to Conditions A, P and added conditions related to Impact Fees and Annual Reports. 14. 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, related to the commencement of construction of Phase II of the Lanihau Shopping Center. 15. September 12, 1991: Lanihau Center Venture gave the Notice to Proceed for the construction of Henry Street. 16. February 15, 1994: The construction of Henry Street was completed and dedicated to the County of Hawaii. 17, Mazch 18, 1994: The applicant requested an amendment to Condition E or Ordinance No. 684 as amended by Ordinance No. 90-83 to allow additional time to complete construction of Phase II. Specifically, the applicant requested the deadline for completing construction be extended to September 30, 1997. 18. 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. This ordinance also made housekeeping amendments to Conditions L and M, related to notification of subsequent azchaeological sites and that exactions shall be credited towards any Impact Fees, if adopted. C: Miles\LCV\Lanihau Centel-Amend [o Ord 95-12.tloc Virginia Goldstein, Director April 12, 1999 Page 4 Request: That the County recognize the completion of the Henry Street improvements, between Kuakini Highway and Queen Kaahumanu Highway Extension, as satisfying the requirements for the completion of construction of Phase II of the Lanihau Shopping Center. More specifically, Lanihau Partners L.P. is requested that Condition E be deleted in its entirety. Justification: In adopting Ordinance No. 864, the primary concerrt was the impacts of this 25+ acre shopping center expansion on the traffic conditions in Kailua-Kona. In order to address this concern, a condition was placed on the applicant requiring the construction of Henry Street, on the southern boundary of the project area, between Kuakini Highway and Queen Kaahumanu Highway Extension (Condition H.) The applicant agreed to this condition with the understanding that the construction of Henry Street was integral with the construction of Phase II. In fact, Condition H does not set forth a timetable for the construction and opening of Henry Street. However, in order to comply with Condition E, related to commencement of construction of Phase II, Lanihau proceeded with the construction of Henry Street at a cost of over $3,400,000 and the dedication of over three acres of commercially zoned land. Concurrent with the completion of Henry Street, Lanihau Center Venture, the Lessee/developer entity for the project, was continuing to press forward to arrange financing and leasing of the Phase II azea. However, during this time, the commercial real estate market changed with the explosion of new retail space in Kona, led by the entry of several "Box Stores", including Costco in 1991, K-Mart in 1994 and Wal-Mart in 1995. This severely impacted both lender and investor confidence in the opening of new commercial areas. By mid-1995, with financing proving to be very difficult to secure and after several extensions related to the wnstruction of facilities, the Phase II anchor tenant, Liberty House, exercised its option to terminate the lease in order to pursue other possible alternative sites. With Liberty House's departure, the building /retail component of Phase II became exceedingly difficult to pursue without another anchor tenant. Accordingly, Lanihau Partners L.P. is continuing to work with Lanihau Center Venture in implementing an incremental, mixed use commercial development that will take best advantage of the site, the zoning and the opportunities in the Kailua Village. O: Miles\LCV\Lanihau Cente[-PJnentl Co O[d 95-12. tloc Virginia Goldstein, Director April 12, 1999 Page 5 In the meantime, Henry Street and the private driveway connection between Lanihau Shopping Center Phase I provides a critical link in the overall circulation network in the Kailua Village area. This roadway was provided in advance of any impacts related to the development of the site at a tremendous cost to the project's developer. Based on the above, Lanihau Partners L.P. is requesting that the construction of Henry Street be recognized as satisfying the requirements for the completion of construction of Phase II of Lanihau Center. in this way, the community will continue to benefit from the construction of Henry Street and Lanihau Center will have the flexibility to develop in a way that best meets the needs of the landowner, developer and community as market and economic conditions allow. Please call me if you have any questions or require any additional information regazding this request- Sincerely, LANIHAU PARTNERS L.P. By Lanihau Management Corporation Its Managing General Part r a es Greenwell ide JSG: sm C: Miles\LCV\Lanihau Cen[er-Amentl Sa O[d 95-12. doc BLatuh0l. emm-05\ 10\99 COUNTY OF AAWAII PLANNING DEPARTMENT BACKGROiT_ND REPORT LANIHAU CENTER VENTURE AMENDMENT OF CONDITION E OF CHANGE OF ZONE ORDINANCE NO 684 AS AMENDED BY ORDINANCE NO 90-83 A_ND 95-12 Lanihau Center Venture has submitted a request to amend Condition E (commence and complete construction of Phase In of Change of Zone Ordinance No. 684, as amended by Ordinance Nos. 90-83 and 95-12, which changed the district classification of approximately 25.873 acres of land from Agricultural (A-la) to General Commercial (CG-20) zoned district. The amendment is to delete Condition E in its entirety. The property is located at the southwest corner of the intersection of Queen Kaahumanu Highway and Henry Street, Lanihau 2nd and Maesuoa 2nd, North Kowa, Hawaii, TMK: 7-5-4:7, 55 & 56. (iF. .RAi.INFO MATION 1. Land Ownership: IQQ, Inc., is the owner of the subject property. The land is leased to Lanihau Partners L.P. and subleased to I.anihau Center Venture who is the developer of the Lanihau Center pmject. I{ICI, Inc., has consented to the filing of this application. t^,HRONOLOGY 2. April 10, 1981-The County Couceil adopted Ordinance No. 684, which changed the district classification from Agriculdaal (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 wmpleted within three years thereafter. The construction of Henry Street was also required as Condition H of this Ordinance. (See Exhibit A - Ordmance No. G84) 3. March 12, 1982 -The applicant requested cone-year time extension to wmply with Condition C, in which to obtain Final Plan Approval for Phase I. The reason for the request was that the original developer of the project, backed out of the agreement. 4. March 22, 1982 -The Planning IIIrector granted an administrative time extension until Apri19, 1983, in which to comply with Condition C of Ordinance 684. -~~n,_ ~'c 5. March 10, 1983 - The Planning Director granted a second administrative time extension until Apri19, 1984, in which to comply with Condition C of Ordinance 684. 6. March 13, 1984 -The Planning Duector granted a third administrative time extension until April 9, 1985, in which to comply with Condition C of Ordinance 684. 7. March 13, 1985 -The Planning Director granted a fourth administrative time extension until Apri19, 1986, in which to comply witl? Condition C of Ordinance 684. 8. July 16, 1990 -Ordinance No. 90-83 was approved by the County Council, amending Condition E to allow the applicant until September 30, 1991 to commence construction of Phase II of the development. The ordinance also amended Conditions A and M, and added two new conditions relating to impact fees and annual reports. (See Exhibit B - Ordinance No. 90-83) 9. August 6, 1991-The Planning Dtrector determined that the construction of Henry Street is intimately tied to Phase II, and would satisfy the construction timetable requirements of Condition E, relating to the commencement of construction of Phase II of the Lanihau Shopping Center. (See Exhibit C -August 6, 1991 Letter) 10. Febraary 15, 1994 -The construction of Henry Street, at cost of over $6.3 million, was completed and dedicated to the County of Hawaii. Henry Street is a four lane boulevard with curbs, gutters, sidewalks with planted strips, raised and landscaped median, turning lanes, underground storm drain lines, a flood holding basin, and traffic light standazds. In addition, the primary access to the site from Henry Street has been constructed and dedicated to the County of Hawaii. 11. December 30, 1994 -Ordinance No. 95-12 was approved by the County Council, amending Condition E to allow the applicant until September 30, 1999 to complete wnstruction of Phase II of the development. The ordinance also amended Conditions L a~ M, relating to notification of subsequent azchaeological sites and that exactions to be credited towazds any Impact Fees, if adopted. (See Exhibit D -Ordinance No. 95-12) 12. Condition E of Ordinance No. 95-12 states the following. -2- "E. That construction of Phase II shall commence on or before September 30, 1991, and be completed [within three (3) years thereafter] on or before September 30. PROPOSED REQUEST 13. Request: In a letter dated April 12, 1999, the applicant has requested an amendment to Condition E of Change of Zone Ordinance No. 684, as amended by Ordinance No. 90-83 and 95-12. (See Exltibit E -April 12, 1999 Letter) 14. Reasons: "That the County recognize the completion of the Henry Street improvements, between Kualcini Highway and Queen Kaahumanu Highway Extension, as satisfying the requirements for the completion of wnstrnction of Phase II of the Lanihau Shopping Center. More specifically, Lanihau Partners L.P. is requesting that Condition E be deleted in its entirety. °In adopting Ordinance No. 864, the primary concern was the impacts of this 25+ acre shopping center expansion on the traffic conditions in.Kailua-Kona. In order to address this concern, a condition was placed on the applicant requiring the construction of Henry Street, on the southern boundary of the project area, between Kualcini Highway and Queen Kaahumanu Highway Extension (Condition H). "The applicant agreed to this condition with the understanding that the construction of Henry Street was integral with the construction of Phase II. In fact, Condition H does not set forth a timetable for the construction and opening of Henry Street. However, in order to comply with Condition E, relating to commencement of construction of Phase II, Lanihau proceeded with the construction of Henry Street at a wst of over $3,400,000 and the dedication of over three acres of commercially zoned land." ~"t'ATE AND COUNTY Pi.ANS 15. SLUC: Urban 16. Hawau State Plan Consistency: Economic and Commercial objectives and policies. 17. General Plan Consistency: Economic, Land Use and Commercial elements goals, policies and courses of action for North Kona. -3- 18. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: High Density Urban Development which allows for commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre). 19. Kona Regional Plan: The Kona Regional Plan land use concept map designates the subject azea for General Commercial uses. 20. Kailas Village Special District: The property is located within the Kailua Village Special District. The Kailua Village Design Plan (Ordinance No. 217 adopted July 7, 1976) designates the azea for commercial uses. 21. Keahole to Kailas Plan: The property is outside the study azea of the Keahole to Kailas Development Plan. 22. County Zoning: The property is currently zoned General Commercial - 20,000 squaze feet (CG-20). 23. SMA: The property is situated within the Special Management Area. AGENCIES' CGMA~NTS 24. Department of Public Works (April 29, 1999 Memo): "We have reviewed the subject application and have no comments." 25. Department of Water Supply (May 13, 1999 Memo): "We have no objections to the subject request as it does not affect any Department of Water Supply requirements.° 26. Police Department (April 27, 1999 Memo): "Staff reviewed the above-referenced request to delete Condition E of Ordinance No. 864 (requiring that the construction of Phase II be completed before September 30, 1999) and does not foresee that its approval will negatively affect public safety or traffic conditions in the azea." 27. Fire Department (Apri122, 1999 Memo): "We have no comments on the above-referenced Change of Zone Application.' 28. State Department of Transportation (April 26, 1999 Letter): "Thank you for your transmittal requesting our comments on the subject amendment. -4- "Deletion of Condition E will not impact our State transportation facilities. "We appreciate the opportunity to provide comments." State Department of Transportation (May 20, 1999 Letter): "Thank you for your transmittal of April 19, 1999, requesting our review and comments regarding the above request. "We have no objections to the deletion of Condition E. However, Condition F, relating to approval by our Department where applicable, should be retained in case the future construction of Phase II causes traffic problems on our State highway system." p('FNC S- NO RESPONSE 29. Real Property Tax Division, State Department of Health, and Department of Business Economic Development & Tourism PiTRi.i(' [:OMMENTS 30. The Department has not received any objections from the general public or adjacent landowners. -5- . . , HILL No. 725 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. c 684 ' AN ORDINANCE AMENDING SECTION 7.02 (THE NORTH KONA ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, HY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO GENERAL COMMERCIAL (CG-20) AT LANIHAU 2ND AND MOEAUOA 2ND, NORTH BONA, HAWAII, COVERED BY TAX MAP KEY 7-5-04:7. ' BE IT ORDAINED SY THE COUNCIL OF THE COUNTY OF HAWAII: ' SECTION 1. Section 7.02, Article 2, Chapter 6, (Zoning Code), of the Hawaii County Code, as amended, is further amended to add a new subsection, to read as follows: "7.02 (bbb')• The district classification of the follow- ing area situated at Lanihau 2nd and Moesuoa 2nd, North Rona, Hawaii, shall be General Commercial (CG-20): Being Portions of Grant 2035 to J. L. Waisu and Royal Patent 8126 Land Commission Award 9971, Apana 27 to W. P. Leleiohoku (Certificate of Boundaries No. 26) Beginning at a 1/2 inch pipe in concrete at the Southwest corner of this parcel of land and on the Northerly side of Kuakini Highway, the direct azimuth and distance from a brass pin set in concrete at the centerline of Kuakini High- way being 176° 36' 40.94 feet and the coordinates of said point of beginning referred to Government Survey Triangulation Station `RAILUA" being 610.05 feet South and 411.51 feet East and running by azimuths measured clockwise from True South: 1. 98• 53' 107.67 feet along the Northerly side of Kuakini Highway to a 1/2 inch pipe in concrete; 2. 218• 33' 98.88 feet along Lot 3 of Land Court Application 1787 to a cut in pahoehoe (found); 3. 239• 03' 406.41 feet along Lot 3 of Land Court Application 1787 to a cut in pahoehoe (found); 4. 162• 00' 861.76 feet along Land Court Applica- tion 1787, Grant 1854 to Ipunui and Grant 1861. Apana 2 to Ipunui and Grant 1861 to Kahiamoe to a spike in pahoehoe; EXHIBIT 5. 225° 56' 112.70 feet along R. P. 7456, L. C. • Aw. 8559-B, Apana 11 to Wm. C. Lunalilo (Certificate of Bound- aries No. 25) to a 1/2 inch pipe in concrete; 6. 237• 36' 146.00 feet along R. P. 7456, L. C. Aw. 8559-8, Apana 11 to Wm. C. Lunalilo (Certificate of Bound- aries No. 25) to a 1/2 inch pipe in concrete; 7. 237• 37' 390.49 feet along R. P. 7456, L. C. ' Aw. 8559-B, Apana 11 to Wm. C. Lunalilo (Certificate of Bound- aries No. 25) to a 1/2 inch pipe in concrete; 8. 295° 51' 1227.95 feet along the remainders of Grant 2035 to J. L. Waiau and R. P. 8126, L. C. Aw. 9971, Apana 27 to W. P. Leleiohoku ' (Certificate of Boundaries No. 26) to a 1/2 inch pipe in concrete; , 9. 59° 50' 1161.79 feet along L. C. Aw. 11216, Apana 39 to M. Kekauonohi to an "-i" cut on stonewall with con- crete nail; 10. 144° 24' 20" 63.92 feet along the remainder of R. P. 8126, L. C. Aw. 9971, Apana 27 to W. P. Leleiohoku (Certificate of Boundaries No. 26) to a 1/2 inch pipe in concrete; 11. 54• 14' 30' 390.06 feet along the remainder of R. P. 8126, L. C. Aw. 9971, Apana 27 to W. P. Leleiohoku (Certificate of Boundaries No: 26) to a 1/2 inch pipe in concrete; 12. 325• 59' 20' 53.81 feet along the remainder of R. P. 8126, L. C. Aw. 9971, Apana 27 to W. P. Leleiohoku (Certificate of Boundaries No. 26) to a cut on set stone; 13. 59° 50' 358.43 feet along L. C. Aw. 11216, Apana 39 to M. Kekauonohi to the point of beginning and con- taining an area of 25.783 Acres. -2- All as outlined in red on the map attached hereto, marked Exhibit "A' and by reference made a part hereof. This subsection is conditioned upon the following: (A) that the petitioner, Lanihau Corporation, and/or Dillingham Corporation shall be responsible for complying with all of the stated conditions of approval; (8) that the conditions as outlined in Change of Zone Ozdinance No. 566 (TMR: 7-5-04:10 and 28) be complied with and shall also be applicable to this request; (C) that plans for Phase I shall • be submitted and final plan approval secured within one (1) year from the effective date of approval of the change of zone; (D) that construction of Phase I commence within one (1) year from the date of receipt of final plan approval and be completed within three (3) years thereafter; (E) that construction of Phase ii commence within one (1) year from the date of completion of Phase Z and be completed within three (3) years thereafter; (F) that accesses to the proposed development shall meet with the approval of the Department of Public Works, and the State Department of Transportation, Highways Division where applicable; (G) that improvements shall be made to Ruakini Highway as determined by the County Department of Public Works; (H) xhat Henry Street shall be improved with cnrba, gutters and sidewalks in accordance with the requirements of the Department of Public Works; (I) that the method of sewage disposal shall meet with the approval of the appropriate County and State agencies; (J) *_hat a detailed drainage study and proposed improvements shall be submitted at the time of plan approval to the Department of Public Works and Planning Department; (K) that the require- ments of the Department of water Supply shall be complied with; . (L) that prior to any work being done on the archaeological -3- sites on the property, clearance must first be obtained from the Planning Department. Further, should any sites be uncovered during land preparation activity, work shall imme- diately cease and the Planning Department notified. Work shall not resume unless clearance is obtained from the Planning Department; and (M) that all other applicable rules, regulations, and requirements shall be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated." 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. . SECTICRi 3. This ordinance shall take effect upon its approval. INTRODUCED BY: H UN L MEMBER, C L.ITY OF BAWAII Bilo, Hawaii Date df introduction: March 18, 1981 Date of Adoption: April 1, 1981 Effective Date: April 10, 1981 _4_ s TRUE NORTH ' SCALE = IK=400' ~ uNrt NN~o ies z \ i . u«r`^NNNV ~ ~ I VnK, O ~9 KU~K, ~1 Y,P~~~ A 1• 5 ~ \ ?n y/? \ ~ Vic, A•1• i. p f` 0 Y o _ - •c \ •(A-lo) TO GENERAL:: ~ ice`. GOMMEIQCIAI. (GG-20) . ~ l ,AREA= 29.783 ACR°S. ~ ~ r :'r \ ba,°6 ~o rP z ` e ~ 5 A I• ~ ICJ ~ o ~i Pi-mss _9 ~ ~ V C3-YO \ ) F.~141I- ~k R~ 04 Laa ~ . Np ero C~ ~ ~0 S _Ob A C le UQ PO '4 ~ e $ i ~'9H \ \ ` ~ - 0 1 Z CV_IC ~ CQ.ne Z ~ ~'~c 1.» r' eeeNA aen.T Y \ - -JMOTINO C~NTRR \ ~ I b ~ ~ C HI-% t / / CY-10 Y~ ~~J C~ IO / CV 10 I AMENbMENT TO THE ZONING CODS AMENDMENT N0.54 TO °ECTION 7.0~+ (THE NORTH KONA 20N°_ MAP) ARTICLE 2, .MA°TER 6 (20NING CODE) OF THE HAYlf~ll COUNT? CORGI, AS At~/1@NOBO, By CHANGING Tr°- DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-I o) TO GENERAL COi~1MEP.CIAL (CG-20) AT LANIHAU SNG AND MO>=AUOA 2ND, NORTH KONAI HAWAII. 1 17ATL° OP PUBLIC MCARIN6 =PCB- 11, 1~BI @PPIdCTIVC GATE =APRIL f0, 1961 ORAINANGQ NI.IM~GIR s 6B4. pRL=pARCD by pLANNtN6 o~PARTMeNT CBUNT7' .OP HAINAJI TMR - '-5-04 •7 ,fAN. 8G. I•J'E~7 COUNTY OF HAWAII ___STATE OF HAWAII BILL NO. z79 ORDINANCE NO. 90 83 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITIONS A, E, AND M OF ORDINANCE NO. 684, WHICH RECLASSIFIED 25.783 ACRES OF LAND FROM AGRICULTURAL (A-la) TO GENERAL COMMERCIAL (CG-20) AT LANIHAU 2ND AND MOEAUOA 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-04:7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 684 is amended as follows: "This subsection is conditioned upon the following: (A) that the petitioner, [Lanihau Corporation, and/or Dillingham Corporation] successors, or assigns shall be responsible for complying with all of the stated conditions of approval; (B) that the conditions as outlined in Change of Zone Ordinance No. 566 (TMK: 7-5-04:10 and 28) be complied with and shall also be applicable to this request; (C) that plans for Phase I shall be submitted and Final Plan Approval secured within one (1) year from the effective date of approval of the change of zone; (D) that construction of Phase I commence within one (1) year from the date of receipt of Final Plan Approval and be completed within three (3) years thereafter; (E) that construction of Phase II shall commence [within one (1) year from the date of completion of Phase I] on or before September 30, 1991, and be completed within three (3) years thereafter; (F) that accesses to the proposed development shall meet with the approval of the Department of Public Works, and EXHIL the State Department of Transportation, Highways Division where applicable; (G) that improvements shall be made to Kuakini Highway as determined by the County Department of Public Works; (H) that Henry Street shall be improved with curbs, gutters and sidewalks in accordance with the requirements of the Department of Public Works; (I) that the method of sewage disposal shall , meet with the approval of the appropriate County and State agencies; (J) that a detailed drainage study and proposed improvements shall be submitted at the time of plan approval to the Department of Public Works and Planning Department; (K) that the requirements of the Department of Water Supply shall be complied with; (L) that prior to any work being done on the archaeological sites on the property, clearance must first be obtained from the Planning Department. Further, should any sites be uncovered during land preparation activity, work shall immediately cease and the Planning Department notified. Work shall not resume unless clearance is obtained from the. Planning Department; [and] (M) should the Council adopt a Onified Impact Fees Ordinance setting forth criteria fo[ 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 Onified Impact Fees Ordinance; (N) an annual progress report shall be submitted to the Planning Director riot to the anniversary date of the effective date of -2- 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; (0) that all other applicable rules, regulations, and requirements shall be complied with[.]; and (P) [S]should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation (may] shall be initiated." SECTION 2. Material to be deleted is bracketed. New material is underscored. 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. INTRODUCED BY: S, COUNCIL MEMBER, COUNTY OF HAi6AII Hilo, Hawaii Date of introduction: June 20, 1990 Date of 1st Reading: June 20, 1990 Date of 2nd Reading: July 5, 1990 Effective Date: July 16, 1990 -3- r .S ~StS August 6, 1991 Mr. Philip Russell, General Partner Lanihau Center Venture 345 Queen Street, Suite 400 Honolulu, HI 96813 Dear :fir. Russell: Change cf Zone Crdirance :ao. 684 (Rez 368) as Anerc'ed by Ordnance tto. 90-83 Apalicant: ;.anil;au Center Venture :'R: 7-5-4: Perti~cn cf 7 phis is in reseor.se to your letter of August 5, 1991, wherein you provided acditicral information relative tc the subject matter. After nevi?~:ing the aociticnal info uaation ccntair:ed ir. yGUr letter, I h~lieve that it is prudent to ccnclude that the cer.structior. of :ienry Street is intimately tied in Pt,ase TI. As much, I am tereb_~ rescir.c:ing th,e letter of June 17, 1591; ar.:: by this letter, sae are infcr~irg ;:ou tt;at tt:e construction of Her.ry Street tefc:e Septer.,ker 3C, 1591, :,atisfie: the coratructicn timetstle =teller cut in Condition ~ c° the subject crcir.a^.cc. Please ke further advised, tso~:GVer, tFat ir. the event construction of Fier,ry Street cannot or aces xt ccc4r t•efcra then, ar. extension recue~t rust be filed with. cLis office, as nutec in the Ju^_ 17 letter. Also, we would appreciate your Freceeaing with t;:e construction ti,~:etakle for the :valance of this prefect as cutli r.eo in your lett=r.' St;oulu you have any questions, please, feel free to contact ti:is office. ~~`c/ ~.ORtdAN HAYASHI Planning Director VAH:sr.o 2678D ec: Councilman ~aka~hi Domingo Planning Commission West Hawaii Office bcc: Connie EXHIBIT ~G ' auc ~ i~gl 8G~~2~28:.Q ,.,F1 11 G X 0 5- q 1 M rJ hJ 9 2 2 G M R P® 2 Lanihau Center ~ :'r.•ei,~F~a ,.,~,o~r,e~ Lw. - Lanihau Grocer ~j~e ` ~~Cnl u:r • ~F' August °S, 1951 Mr. Norman Hayashi, Director Planning Department COUNTY OF HAWAII 2s Aupuni Street Hilo, HI 96?20 Dear Mr. Hayashi: RE: Rezoning Orcli_nancs No. 684 Lanihau Ceni;er Venture TMK: 7-5-4: Portion of 7 Thank you for your letter of Juns 17, 1991, regarding the subject matter. You will note that the isscr~a of that letter and our letter of May 30, 1391, revolved aroului tts definition of start of construction of Phase II as outlined in Condition E; of the subject ordinance. its request~acl an interpretation '=hat the construction o! Henry Street yrauld fulii2l that condition. Based upon information we prcvided your office and otter !actors, you concluded otherria~a. We 'believe that the information we provided your office was rrot complete, and that could. haves had a material impact on your conclusion. Thus, after reviewing this letter, we respectfully request your racon:atderation of this matter. We provide you with the following additional infcrmation: 1. Phase I of this pro~e<:t: was zoned in 1967 a~. part of the CZO update. Th s area has been fully developed. 2. The 25+ acre area cav~~red by the subject rezoning ordinance involves A~ of Phase II. This area was not: conditioned to bo •3eveloped in ircremerts. Part and parcel of ite~ dev.alopment, however, was t;he construction of Henry Street. Thus, Co~idition H C „~c+~-9 1 M U IJ 03 2 GSM ~•R P 133 Mr. Norman Hayashi, Director August 5, 1991 Page 2 relating to the construction of Henry Street did r.~ot ind.icats any eonstrue!:ion timetable, such as prior to the star: of construction of Phase II or issuance of occupancy permit, etc. of Pt:ase II. It was always our understan~9inq that Henry Street and the car:struction of the retail center were one and the same. E:;sentially, they have a "symbiotic" construction relations=hip. qne co•ild not exist without the other - 'that is, the retail canter in Ph use II could not operate without Henry Street; likewise, Henry Street could not be Pt?nded without a development commitment for Phase II. 3, Plans for the retai]. center could not have been finalized earlier bcac;ause of the absence of a department store coawcitment. We 'now have that commitment with Liberty House. we are thus ire a pa:sition to prepare plans of the buildings ~or submittal to your olfice for Plan Approval. 4. On the other hand, p]:acns for Henry Street could be prepared and finalized; and that has besn done. Because of the "symbiotic" construction relationship noted above, ws are now in a position to finalize our financing of this project and begin construction beaore the September 1991 construction deadline. however, without as:nuances that the ne~? retail center can be consti~ttcted, our funding for Henry street would bs placed in jeopardy. In a sense, this wau:~d be analogou:~ to getting a construction loan far a water tank needed for a proposed subdivision. The loan would not b3 prudent i! the loan applicant cannot have assurances to proceed with its proposed subdivision. 5. Finally, Harry Stree: is needed to accommodate the construction traffic of the n~3w retail center. It has been our plan to have the construction traffic to the new center be directed through this street rather than through i:tce existing Phase I area. At this point in cur time, we expect Henry Street to be completed before 2[ay 1992. Site work for the balance of the cent~ar is expecteci to begin in February or March 1992. The centeY should be 808~2~~u_U F UG--65-91 MIEN ~1= 3 G•k M•,•{2 P 04 Mr. Norman Hayashi August 3, 1991 Page 2 completed wuthin the 3-year construction timetable - 5eptember 1li94. In view of the foregoing, we telieve and submit to you that the ronstruction of Henry Street is int:tmately tied in to the construction of the retail ceanter in Phase II. Each cannot reali3tic.~lly occur without the other, from both a fun-Sing and planning per.:pective. We apolclgize for not providing you with the f ~regoing infonna¢ion +.o your office earlier. Ws trust and hope, howevr~r, 'that with the added information you wo~.xld be able to recon~ide's your earlier position on this matter. Thank you very much. very truly yours, LANIHP,U CENTER VEN'CURE By GRAM, Its General Partner Philip Russell General F~artnar PR:dm NHcty COUNTY OF HAWAI~~,, :;.STATE OF HAWAII BILL NO. 336 (Draft 2) ORDINANCE NO. 95 12 AN ORDINANCE AMENDING SECTION 25-87 (NORTH BONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITIONS OF ORDINANCE NO. 684, AS AMENDED HY ORDINANCE NO. 90-83, WHICH RECLASSIFIED 25.783 ACRES OF LAND FROM AGRICULTURAL (A-la) TO GENERAL COMMERCIAL (CG-20) AT LANIHAU 2ND AND MOEAUOA 2ND, NORTH BONA, HAWAII, COVERED HY TAX MAP REY 7-5-04:7. HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 684, as amended by Ordinance No. 90-83, is further amended as follows: "This subsection is conditioned upon the following: A. The petitioner, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. H. That the conditioaa as outlined in Change of Zone Ordinance No. 566 (TMR: 7-5-04:10 and 28) be complied with and shall also be applicable to this request. C. That plans for Phase I shall be•submitted and Final Plan Approval secured within one (1) year from the effective date of approval of the change of zone. D. That construction of Phase I commence within one (1) year from the date of receipt of Final Plan Approval and be completed within three (3) years thereafter. E. That construction of Phase II shall commence on or before September 30, 1991, and be completed [within-three (3) years thereafter) on or before September 30. 1999. EXHIBIT F. That accesses to the proposed development shall meet with the approval of the Department of Public Works, and the State Department of Transportation, Highways Division where applicable. G. That improvements shall be made to Ruakini Highway as ' determined by the County Department of Public Works. H. That Henry Street shall be improved with curbs,_gutters and sidewalks in accordance with the requirements of the Department of Public Works. I. That the method of sewage disposal shall meet with approval of the appropriate County and State agencies. J. That a detailed drainage study and proposed improvements shall be submitted at the time of plan approval to the Department of Public Works and Planning Department. K. That the requirements of the Department of water Supply shall be'complied with. L. That prior to any work being done on the archaeological sites on the property, clearance must first be obtained from the Planning Department. Further, should any sites be uncovered during land preparation activity, work shall immediately cease and the Planning Department shall be notified. Work shall not resume unless clearance is obtained from the Planning Department. M. 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) shall be credited towards the requirements of the Unified Impact Fees Ordinance. _y_ N. 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. O. That all other applicable rules, regulations,~and requirements shall be complied with. P. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation shall be initiated.' SECTION 2. Material to be deleted is bracketed. New material is underscored. 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 be effective upon its approval. INTRODUCED HY: n' \ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Nove[ber 30, 1994 Date of 1st Reading: Nwenber 30, 1994 Date of 2nd Reading: December 21, 1994 Effective Date: December 30, 1994 -3- ~ ~ < ' TIeuE rieRTri SCALE i 1" i400~ Y"'~O . i ~ *e.s~*' Y 5 i ~ ~ , ~ RWSw~ ~ r~ J( i ' Y.r+ I ' • • •~o t ' t i s ~ r~ „ AGRICULTURAL;,, ~ ;COMMERCtA{. (C!i . ~ •'t ~ , y`y` s.` EE.7E~ ACRES. S! , r~.~ ~ ,ARG4 , ..~,.y. ~ • X . R ' " ~ ~ ~5 't. ~ • Z. • •y~~. s w Cf•t~ ~4. 10 ~?,v ° ~ A C U 2 C~ °V/ v. ¢v• C~•f~ o _ • ~ ~ ~~O .O ~ r may. _ ~ ~ / fI~Y1Yr ~NfT~R ',RAH r w/~v ~r i ' 8 : ~s.~ i ~ AMENDMENT _ TDB THE ZONING CODE AMENOMONT He.34 TO SECTION 7.dE (TMQ NORTH BONA .ZONQ MAP) ARTICLE CMAI~TeR O (20NINQ COOL) OR TMQ MAYIPII COUNTY COOED Al AMtNGED, Dy CIyANa1NQ TMQ flISTRICT CLA~JSIPICATION PROn1 AORICULTLRAL (A-1~ TO t's>•NERAL COMMERCIAL ~C'E-Zfl• AT LANIMAII 1t N0 ANG Mo>@AUOA 'tNO, NORTH KONA~ HAWAII. OIR! pf rNOLIC 1'1eAR1NO . pQ• 11, ta01 ~1•T~\CTIVS CATS ' APTtiL f0~ IO~1 eRClnu?MCS NNMbtR i Q/4. rR=1~AR>@C 09' : I~LANNINQ pCPARTMQNT CGUNT Or }yAW/VI THY. 7-4-04 ~ - JAN. sa. 1.91 - OFFICE OF TIC COUNTY CLERK , County of Ilawaii Hilo , IIaIAIaii _ 3~ OEC ~ u ni i 11 Cl DRAFT 2 = ~ : - I~~1 CAI.I: W0'I'F7 I I Inuoduccd Hy: Takashi Daninao Dau Iaboduced: Novenber 30. 1994 AYES NOES AES EX g~ Readic~ Novenber 30 1994 AaAKAIQ X F'ubiLhe~ A CAII.D! Dt WA X REdlAR1G4c - D0v10HO0 HAfi aA18 X BCRITrIE X Second Aeadia~ December 21, 1994 ROLL t'°i"1" VOTE To Mayer. December 2 1994 R nara,nher iA_ 1Q9d AYES NOES AES EX EffeGSi~ ne...a,ni.a~ 7A 100d X Ts,n„s, rs~ 1004 X REa/AH~ DS WA X OSOR X X X 1 DO fI8RE8Y CERTIFY ihai the,/orsQohep BILL waa adoptsd by the Cooney Colaictl and pvblW~ed as indicated above. kFPROVED is pt(~9.,r.~„ COUNCIL CILURMAN co tAnoN c~u>rse~ 001RIiY OF HAWAII Dan ~ L.~R of ~C1.a. ham, ~ g~ day G I~ , r MAYOk, COUNT' OF HAWAII Sill No.: 336 f Draft 2 ) Reference: C-1402/PC-144 Ord. No.: LANIHAU PARTNERS L.P. ICaimuki Plaza 3465 1Naialae Ave., Suite 260 Honolulu, HI 96816 Ph: (808) 732-2622 Fax (808) 732-2788 i r , ~ -1 April 12, 1999 . Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street FTilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Amendment to Ordinance No. 684, as amended by Ordinance. No. 90-83 and No. 95-12 Lanihau Partners/Lanihau Center Venture/KIQ, Inc. TMK: 7-5-04: 07, 55 and 56 We are submitting this letter to request an amendment of certain conditions contained within Ordinance No. 684 as aatended by Ordinance Nos. 90-83 and 95-12. The primary purpose of this request is to aclmowledge that with the completion of wnstruction and dedication of Henry Street, between Kuakini Highway and Queen Kaahumanu Highway Extension, that the developer has satisfied all the development deadline requirements for this change of mne. The property, which was reclassified from Agricultural 1-acre (A-la) to General Commercial-20,000 square foot (CG-20), consisted at that time of 25.783 acres and is owned by KKI, Inc. This Lmd is lased to Lanihau Partners L.P. and subleased to Lanihau Center Ventura; who is the developer of the Lanihau Center Project. The subject property is located primarily on the north side of Heury Street between Kuakini Highway and Queen Kaahumanu Highway Extension at Lanihau 2'' and Moeauoa 2id, Kailua-Kona, North Kona, Hawaii Island (TNIIC: 7-5-04: 07, 55 and 56). Due to the subsequent construction and dedication of Henry Street, the combined TMRs now comprise a total of 21.549 acres. The subject property is part of the Lanihau Center Complex. The Phase I of the complex, which is situated on 14.636 acres of Luui immediate to the north of the subject property, was reclassified from Agricultural (A-la) to General Commercial (CG-20) pursuant to Ordinance No. 566. This portion of the Lanihau Otter complex was completed in 1986 and is anchored by Longs Drugs and Sack `n Save grocery story. Virginia Goldstein, Director April 12, 1999 Page 2 Background 1. April 10, 1981: The County Council adopted Ordinance No. 684, which changed the district classification of TMK: 7-5-04: 07 from Agricultural (A-la) to General Commercial (CG-20). Condition C required the applicant to obtain Final Plan Approval for Phase I of this site within one year, or by April 10, 1982. Condition E required that Phase II (which is the subject of Ordinance No. 684) shall commence within one-year of completion of • Phase I and shall be wmpleted withinthree-years thereafter, The construction of Henry Street between Kualdni Highway and Queen Kaahumanu Highway Extension was also required as Condition H of this Ordinance. 2. March 12, 1982: The applicant requested aone-year time extension in which to obtain F'mal Plan Approval for Phase I. The reason for this request was that the original developer of this area, Dillingham Corporation, backed out of the agreement. 3. March 22, 1982: The Planning Director granted an administrative time extension until Apri19, 1983, in which to comply with Condition C or Ordinance No. 684. 4. March 2, 1983: The applicant requested a sewed time extension in which to secure Final Plan Approval for Phase I. This request was based on unanticipated delays in planning and development of the project. 5. March 10, 1983: The Planning Director granted the applicant a sewed administrative time extension uttt7 Apri19, 1984, in which to comply with Condition C of Ordinance No. 684. 6. March 5, 1984: The applicant requested a third time extension in which to secure Final Plan Approval for Phase I. This request was based on the.phuuted opening of Hdo's Prince Kuhio Plaza, which caused the anchor tenants to delay their plans for opening stores in Kona 7. March 13, 1984: The planning Director granted the applicant a third administrative time eMeasion until Apn7 9, 1985 in which to comply with Condition C of Ordinance No. 684. 8. On March 11, 1985, the applicant requested a fourth time extension in which to secure Final Platt Approval for Phase I. 9. On March 13, 1985, the Planning Duector granted the applicant a fourth administrative time extension until Apri19, 1986, in which to comply with Condition C of Ordinance No. 684. C:lfil~sV,CV~laniluu Cmgc-11wa0 to Oitl 99-11.eoe Virginia Goldstein, Director April 12, 1999 Page 3 10. January 18, 1988: The construction of Phase I was completed with the closing of the building permit for the Foodland Supermarket (Sack `N Save) 11. December 8, 1989: The Planning Department informed the applicant that Condition E of Ordinance No. 684 required that wnstnuction of Phase II commence within one year of completion of Phase II or by January 18, 1989. The Department further informed the • applicart that a legal opinion issued by the Corporation Counsel's office prohibited the Departraau from granting arty further administrative time extensions to Ordinance No. 684. 12. 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 Laniltau Shopping Cemer. Specifically, the applicant requested to extend the deadline for commendog construction until September 30, 1991. 13. July 16, 1990: The Coumy Council adopted Ordinance No. 90-83, which amended ConditionE to allow the applicant until September 30, 1991 to commence construction of Phase II a~fthe development. This ordnance also made housekeeping amendments to Condition A, P and added conditions related to Impact Fees and Annual Reports. 14. August b, 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, related to the commencement of constructiaa of Phase II of the Lamltau Shopping Center. 15. September 12, 1991: I.anihau Center Venture gave the Notice to Proceed for the construction of Henry Street. 16. February 15, 1994: The construction of Henry Street wascompleted and dedicated to the County ofHawaii. 17. March 18,1994: The applicant requested an amendment to Condition E or Ordinance No. 684 as amended by Ordinance No. 90-83 to allow additional time to complete wnstructian of Phase 11 Specifically, the applicant requested the deadline for completing constructioa be extended to September 30, 1997. 18. 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 ofthe development. This ordinance also made housekeeping amendmema to Conditions L and M, related to notification of subsequent archaeological sites and that exactions shall be credited towards anry Impact Fees, if adopted. C: ~i119a\ICYW~ih+u Mt9rdwnC Ca OItl 95-12.YOC Virginia Goldstein, Director April 12, 1999 Page 4 Request: That the County recognize the completion of the Henry Street improvements, between Kuakini Highway and Queen Kaahumanu Highway Extension, as satisfying the requirements for the completion of construction of Phase II of the Lanihau Shopping Center. More specifically, Lanihau Partners LP. is requested that Condition E be deleted in its entirety. Justification: In adopting Ordinance No. 864, the primary content was the impacts of this 25+ acre shopping center expansion on the traffic conditions in Kailas-Kona. In order to address this concern, a condition was placed on the applicant requiring the construction of Henry Street, on the southern boundary ofthe project area, between Kuakini highway and Queen Kaahumanu Highway Extensi~ (Condition H.) The applicant agreed to this condition with the understanding that the construction of Henry Street was integral with the construction of Phase II. In fact, Condition H does sot set forth a timetable for the construction and opening of Henry Street. However, in order to comply with Condition E, related to commenceatent of construction of Phase II, Lanihau proceeded with the constnuction ofHeary Street at a cost of over 53,400,000 and the dedication of over three acres of wauoercially zoned hard Concutmnt with the completion of Heny Street, Lanihau Center Vemure, the Lessee/developer entity for the project, was continuing to press forward to arrange financing and leasing of the Phase II area. However, during this time, the commercial real estate market changed with the explosion of new retail space in Rona, led by the entry of several "Box Stores", including Costw in 1991, K-Mart in 1994 and Wal-Mart in 1995. This severely impacted both leader and imeator co~dence in the opening of new commercial areas. By mid-1995, with financing proving to be very difficuh to secure and after several extensions related to the wttstruction of facilities, the Phase II anchor tenant, Liberty House, exercised its option to terminate the lease in order to pursue other possible alternative sites. With LOterty House's departure, the building /retail component of Phase II became exceedingly difficult to pursue without another anchor tenant. Accordingly, Lamhatt Partners L.P. is continuing to work with Lanihau Center Venture in implementing an inaanental, mixed use commercial development that will take best advantage of the site, the inning and the opportunities in the Kailas Village. c: ~fii~sVMLaeillw aetez-srm to orU 9s-1x.ex Virginia Goldstein, Director Apn'1 12, 1999 Page 5 In the meantime, Henry Street and the private driveway connection between Lanihau Shopping Center Phase I provides a critical link in the overall circulation network in the IZailua Wi age azea. This roadway was provided in advance of any impacts related to the development of the site at a tremendous cost to the project's developer. Based on the above, Lanihau Partners L.P. is requesting that the construction of Henry Street be recognized as satisfying the requiremalta for the completion of construction of Phase II ofLaw77au Center. In this way, the community will wntinue to benefit from the construction of Hoary Street and Lanihau Center will have the flextbiGty to develop in a way that best meets the needs of the landowner, developer and community as market and economic conditions allow. Please call me if you have any questions or require any additional information regarding this request. Sincerely, LAN.~IAU PARTNERS L.P. By Lanihau Management Corporation Its Managing General Pa es Greenweu id JSG:sm C:\LiHa\LCVV.anihau linter-AnanG Co Ocd 95-12.tloe 04/13/90 10:58 FAX 808 732 2' LANIHAU PARTNERS MOORE WILLIAM f~j008 - I~KT, Inc. do IOOi]YioP 9a'ar, z2M 7i7aor Hoosfoln,~968i3 _ Plr (8081527.3500 SAX: (808) 523-0842 ' ; - . . i ~ ~ . . ..,.,i AIai19, 1999 Ma, Vaginia Goldstein, Director County of IIawaii Planniag Department ZS Aupuni Sweet - Slq Hawaii 96720 ,lie: Chaagc of Zone Ordinance No. 684 ~tez 388) as Amended by Ord'matvices No. 90-83 aad No. 95-12 Applleam: Lamlun Partners L.P. (Lessee) T1vIIfs (3) 7-5-04:07, Ss aad 56 Dearlvls. Goldstein: This is to io6orm you that SKY, 3ac.~ owner of subject pareeLt consems to sect approve of the tequeet by 7.aniLau Partners L3. , Lauee, to fiather ataend subject ordinance to allnvv time for the devebpment oaf the property to be completed. Very Tnily Yours, w. zc wong Ptrsideru d..~p.~. C4/13/S9 10:59 FAX 808 732 8 LANIRAU PARTNERS IIOORE R'ILLIAII CdJ009 Zan~hau Center Venture sus sewy sore. efI _ $arolrLy Nawsn s681f 1°b. (foe) JSlflll tNs (df1) JZi2fl0 ~ ^ a ~ ~ _ i - 1 ~ A,pri19, 1999 Ms. Vu8iwa GoIdsteiq Db:ector Coumy otHawaii Ylsnniag Deputment 25 Aupnai Street Hilo, Flawaii 96720 - Re: l:hange of Zom Ordinance No. 684 (Rez. 388) as Amended bq Ordinanaa No. 9083 alsj No. 95-IZ Applim~t~ I.anihau Payers I:,.P. (i.eefee) 'L'MI{s (3) 7-5-04:07, 55 and 56 Dear Dda. doldstain: This is to inSorm YOU that I.anihan Center Vendue., ~b-laue of subject parcels conasate !o sad approves of the squat by I.am'ba+Parcmaa L.P. , I-esceq W furttusr amend subject teams to allow time forthe dovelopment ofthe ptoptsty to be wmpleted. Very Truly Yours, Leoihatt Center Vemure ~~r~~ly~~'Sr~jG~ 1Neilip 1ZtussA btamber Baautlve Commbaea b~~