HomeMy WebLinkAboutCOM 0380.000 1998-2000 4o~x<",^!.M~y'' Virginia Goldstein
Stephen K. Yamrshiro le;s, Direc~nr
flavor Russell Kokubun
R~_i ,I_._j ~ Depurv Direcuv
~i w.
^~.~•wi.A
'~9 JUL 13 P(~ 1 51
COUNTY Gr Ili;(,^J,411
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-0252
(808) 961-8288 • Fax (808) 961.8742
July 13, 1999
Mr. James Bell
Belt Collins Hawaii, Ltd.
680 Ala Moana Blvd, First Floor
Honolulu, HI 96813
Dear Mr. Bell:
Change of Zone Ordinance No. 93 66 (REZ 743)
Applicant: Liliuokalani Trust
Subject: Annual Report
TMK• 7-4-8: Por. 12
This is to acknowledge receipt of your letter dated June 22, 1999, and annual report submitted in
compliance with Condition P of the above-referenced ordinance. Thank you for your submittal.
Condition B states that the applicant shall fulfill the requvements of this condition for the zoning
of Lot 2 within five (5) years after the effective date of zoning for Lot 1. In reviewing your file,
we note that by letter dated September 24, 1998, the Planning Director granted a one year
extension of time until October 4, 1999, to comply with Condition B. Thus, Condition B must be
complied with by October 4, 1999.
Please be aware that should you request an additional extension of time, your request must be
forwarded to the Planning Commission through this office. A $250 Sling fee, original and twenty
copies of the request shall be submitted when requesting an additional extension of time. A public
hearing to consider your request will be held within 120 days. ARer such a hearing is conducted,
the request and the Commission's recommendation will be forwarded to the County Council.
Comm. No. 3g~
File No. ~ KN
Ref. Tot _
Ref. Date JU. 1 4 1999
Mr. James Bell
Belt Collins Hawau, Ltd.
Page 2
July 13, 1999
As a reminder, your next annual report is due on or before June 22, 2000. Should you have any
questions, please call Phyllis Fujimoto or Susan Gagorik of this office at 961-8288.
Sincerely,
/VIRGINIA GOLDSTEIN
Planning Director
PF:gp
f:\wpwin60\phyllisUliliu .pkf
c w/ltr.: County Council
West Hawaii Office
Planning Commission
BELT COLLINS
• June 22, 1999
145-0200/99A-420
Ms. Virginia Goldstein, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Attached please find the 1999 Annual Progress Report for Hawaii County
Zoning Ordinance No. 93-66. If you have any questions, please call me or Sue
Sakai at 521-5361 in Honolulu.
Sincerely yours,
BELT COLLINS HAWAII LTD.
es R.R. Bel
JRB:gk
cc: Frank Jahrling
Attachment
~Q
BELT COLLINS HAWAII LTD.. 680 ALA MOANA BOULEVARD. FIRST FLOOR, HONOLULU. HAWAII 96B U-5406 U.J.A.
TEL: NOB RL5361 FAX: A08 538-7819 EMAIL: haweu®belcmlline.<om WEB: www.bel¢ollins.a~m
CLANNING ENGMEEft ING • LANDSCAPE ARCHITECTURE PNVIROh MENTAL CONSULTING
HAWAII ~INl3A PJRE • H )NG KONG AUSTRALIA TIIAILAKU AIT LAYSIA • PHILIPPIN[5 OCTU ~E4 TTLE
16I~i'..ILn. ILiw n~...~.k p~.J[~~ iu nin kmpl~u~~
ANNUAL PROGRESS REPORT
County Zoning Conditions, Ordinance No. 93-66
Liliuokalani Trust Keahuolu Lands -Phase 1 Mauka Urban District
June 22, 1999
Introduction and Summary
This is a report on the status of development of Liliuokalani Trust's 315-acre Phase I Urban
District in Kailua-Kona, Hawaii, and the extent to which conditions of approval are being
complied with. It is being submitted in compliance with Condition (P) of Hawaii County
Ordinance No. 93-66. Listed below are each of the conditions, presented in italics,
followed by the status report in regular type.
In summary, construction of required onsite and offsite infrastructure for the first increment
. of development was completed in November 1994. Kmart opened on November 17,
1994, and Liberty House opened June 28, 1997.
On December 7, 1996, the County approved Amendment 96-160 to Chapter 25 of the
Hawaii County Code relating to zoning. Section 25-3-1 (b) of 96-160 redesignated all
building sites within the Commercial Office (CO) District as General Commercial (CG)
District; therefore, all references to CO in Ordinance 93-66 should be considered as CG in
this report.
Condition (A) The applicant, its successors or assigns, hereinafter collectively referred to
as "the applicant," shall be responsible for complying with all of the stated conditions of
approval.
The applicant, Liliuokalani Trust, acknowledges and will continue to comply with this
condition as it develops its 315-acre Makalapua project.
Condition (B) The changes in district classification shall become effective in two
increments. The first increment shall be comprised of "Lot 1" consisting of 49.9 acres
zoned CG-]0 and the second increment shall be comprised of "Lot 2" consisting of the
remaining 265.1 acres, of which 123.9 acres are zoned CG-10, 28 acres zoned Open and
113.2 acres zoned CO-10, both increments are as described in Exhibit "B" attached
. hereto and made a part hereof. The rezoning for Lot 1 shall become effective when the
applicant either (1) has received a written commitment from the Department of Water
Supply, subject only to reasonable and customary limitations on the water usage and
availability, for the amount of water supply deemed necessary for the applicant's proposed
uses within Lot 1; or (2) has provided assurances satisfactory to the Departments of Water
Supply and Planning, upon consultation with the State Department of Health and State
Department of Land and Natural Resources, that a water source(s) of sufficient quality and
quantity for the applicant's proposed uses within Lot 1 has (have) been established, and
that an agreement has been entered into with the County through its Departments of Water
Supply and Planning, together with the appropriate bond, surety or other security deemed
acceptable by the Planning Director, for the actual development of a proven source(s) and
its water transmission and distribution system. The rezoning for Lot 2 shall become
effective when the applicant has provided assurances satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State Department of Health and
-1-
the State Department of Land and Natural Resources, that a water source(s) of sufficient
quality and quantity for the applicant's proposed uses within Lot 2 has (have) been
established and has entered into an agreement with the County through its Departments of
Water Supply and Planning, together with the appropriate bond, surety or other security
deemed acceptable by the Planning Director, for the actual development of a proven
source(s) and its water transmission and distribution system. Provided, however, that the
applicant shall fulfill the requirements of this condition for the zoning of Lot 1 within three
(3) years from the effective date of this ordinance and for zoning of Lot 2 within five (5)
years after the effective date of zoning for Lot 1. No time extensions granted pursuant to
Condition (R) of this ordinance shall cumulatively exceed one (1) year for each lot,
notwithstanding any other provisions to the contrary contained therein. The actual
effective date of zoning for each lot shall be certified in writing by the Planning Director
upon the determination that the applicant has satisfied the requirements of Condition (i3)
for each lot.
The first part of this condition regarding the effective date of zoning for Lot 1 (49.9 acs.) has
been completed and certified and October 4, 1993 is the effective date of zoning of Lot 1.
Construction of the water system for Lot 1 (well, pump, control building, reservoir,
waterline, and access road) is complete and the system was accepted by the Hawaii
County Water Commission in August 1996.
A time extension of one (1) year, until October 4;.1999, has been requested and approved
for Lot 2 to fulfill the requirements of this condition and Condition R. A copy of the
approval is attached.
Condition (C) A Master Plan for the subject property (Phase 1 consisting of 315 acres)
shall be submitted to the Planning Director within one (1) year from the effective date of
the rezoning of Lot 1. The Master Plan shall set forth and generally describe the following:
size and shape of each development phase (A-1, A-2, A-3, etc.), the proposed uses therein,
infrastructure systems including public- facilities, roadways and bike lanes, estimated
phasing of infrastructure and site development, landscaping and environmentaUphysical
theme or image, and other topics deemed appropriate by the applicant.
A master plan was submitted and accepted by the County in October 1994.
Condition (D) A detailed Historic Preservation Plan to treat the 32 significant historic sites
in the project area and for data recovery of 123 sites significant for their information
content shall be reviewed and approved by the Planning Department, in consultation with
the State Department of Land and Natural Resources-Historic Preservation Division, prior
to submitting plans for plan approval review or subdivision review, whichever occurs first.
This Plan shall consist of a detailed archaeological data recovery plan (scope of work with
research design) and a detailed preservation plan. The Planning Department and the State
Department of Land and Natural Resources Historic Preservation Division shall verify in
writing the successful execution of the plan, prior to land altering activities in the area of
historic sites. Proposed mitigation treatment (preservation in place or
disinterment/reinterment) for burial sites must be approved by the State Department of
Land and Natural Resources before detailed mitigation plans are finalized for these sites.
The archaeological mitigation plan for the entire project area (Phases I, II, and III Urban
District lands) was approved by the State Historic Preservation Division, with concurrence
-2-
from the County Planning Director. All mitigation required for the Kmart and Liberty
House building projects as well as the needed infrastructure (roads, water, sewer, etc.) for
those projects has been completed. The State Historic Preservation Division has agreed
that all remaining archaeological work in the 315-acre Phase I Urban District area,
including the 28-acre archaeological preserve, needs to be completed by January 1, 1999.
An extension can be requested if no development is occurring and the archaeological sites
are not threatened. In a letter dated June 5, 1998, SHPD agreed to defer completion of the
preservation plan for the 28-acre preserve until adjacent parcels are developed. A copy of
the letter is attached.
A detailed mitigation plan is being prepared by Paul H. Rosendahl, Inc., archaeologist for
the portion of the Kings Trail mauka of Queen Kaahumanu Highway. Upon completion,
this plan will be submitted to the State and County for approval.
The Trust is working with ,community groups to develop an approach to the
archaeological work needed in the 28-acre preserve.
Condition Should any unidentified sites or remains of such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, paving„ or walks be
encountered, work in the immediate area shall cease and the Planning Department shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it.finds sufficient mitigative measures have
been taken.
The applicant acknowledges and will continue to comply with this condition as it
proceeds with the Makalapua project.
Condition Preliminary vehicular access to Lot 1 from Queen Kaahumanu Highway
(i.e., Queen Liliuokalani Blvd.) shall meet with the approval of the State Department of
Transportation and preliminary vehicular access to Lot 1 from Palani Road (i.e., Main
Street Promenade) shall meet with the approval of the Department of Public Works. The
"Main Street Promenade" shall be constructed and connected between Queen
Liliuokalani Blvd. and Palani Road, in two (2) stages. The first stage shall consist of a
preliminary vehicular access (hereinafter defrned as road improvements constructed to
non-dedicable standards meeting with the safety and design requirements of the
Department of Public Works) connecting Queen Liliuokalani Boulevard to Palani Road
prior to the issuance of the first certificate of occupancy for Lot 1. The second stage shall
consist of upgrading the preliminary vehicular access to dedicable standards including
curb, gutter, and sidewalk improvements concomitant with the development of all CG-10
zoned lands. The appropriate incremental plans for these roadway improvements shall be
submitted to the Department of Public Works for review and approval.
The portion of this condition covering the first stage has been met. Incremental plans for
improvement of Kamakaeha Avenue to dedicable standards (second stage) will be
submitted to the Department of Public Works at the appropriate time, upon development
of the CG-10 zoned lands outside the first increment (Lot 1).
Condition (G) Vehicular access points onto Queen Liliuokalani Boulevard shall meet
with the approval of the Department of Public Works. The Queen Liliuokalani Boulevard
shall be constructed and connected between Queen Kaahumanu Highway and the "Mid-
-3-
Level Road" in two (2) stages. The first stage shall consist of a preliminary vehicular access
(as defined in Condition F) connecting Lot 1 with Queen Kaahumanu Highway. The
preliminary vehicular access shall be extended toward the Mid-Level Road on an
incremental basis concomitant with each related phase of development. The second stage
shall consist of upgrading the preliminary vehicular access to dedicabee standards
including curb, gutter, and sidewalk improvements, concomitant with the development of
CO-10 zoned lands with Lot 2.
Construction of the first stage of Makala Boulevard was completed October 1994. Makala
Boulevard will be incrementally extended toward the Mid-Level Road as subsequent
phases of the Makalapua project are developed.
Condition (H) The applicant shall install improvements, which may include signalization
at the "Main Street Promenade"/Palani Road intersection meeting the approval of the
Department of Public Works. The strip of land fronting the subject property for additional
right-of-way along Palani Road to allow for future road widening to the 80-foot right-of-
way mandated by the County General Plan shall be subdivided and dedicated to the
County upon its request. The applicant shall construct an extension of Luhia Street
connecting to Queen Liliuokalani Boulevard as a preliminary vehicular access (as defined
in Condition F) meeting with the approval of the Department of Public Works, on or by
December 31, 1995. Prior to the issuance of certificate of occupancy for any portion of
Lot 1, the applicant shall construct the proposed .Queen Liliuokalani Boulevard extension
west (makai) to connect with Kuakini Highway as a preliminary vehicular access (as
defined in Condition F) meeting with the approval of the Department of Public Works,
except that, that portion of the extension of Kuakini Highway to the Queen Kaahumanu
Boulevard extension may consist of upgraded improvements meeting with the approval of
the Department of Public Works.
This condition, including the dedication of the additional right-of-way along Palani Road,
has been met. The strip of land for the additional right-of-way has been subdivided, and
the dedication to Hawaii County is complete.
Condition (I) The applicant shall inform the Department of Public Works on a timely
basis of archaeological surveys and reports which may impact the layout and design of the
"Mid-Level Road." The applicant shall dedicate to the county upon its request the portion
of lands owned by the applicant as delineated within the right-of-way of the "Mid-Level
Road" which includes its extension south of Palani Road to the southern boundary of the
ahupua'a of Keahuolu. Provided that the dedication of lands for any portion of the "Mid-
level Road" or its extension shall not be required prior to the applicant's receipt of a
Certificate of Occupancy for Lot 1. Any participation from the applicant in the funding and
dedication of roadway and traffic improvements shall not exceed its pro rata share of said
improvements made necessary by the increased traffic resulting from the applicant's
development of the subject property.
The applicant acknowledges and will comply with the condition requiring dedication of
land for the Mid-Level Road right-of-way. The dedication of the right-of-way for the
extension of the Mid-Level Road from Palani Road to the southern boundary of the
ahupua'a has been completed, and Maryl Development has completed the building of
Henry Street within this right-of-way. No additional archaeological surveys have been
-4-
completed which may impact the layout and design of the yet to be built portion of the
"Mid-Level Road" from Palani Road to the boundary between Keahuolu and Kealakehe.
Condition Q) The applicant shall meet with the requirements of the Department of
Transportation-Highways Division for the development of the subject property. Provided,
however, that the signalization of the Queen Liliuokalani Boulevard-Queen Kaahumanu
Highway intersection meeting the approval of the Department of Transportation-Highway
Division shall be installed prior to issuance of a certificate of occupancy for any portion of
the subject property.
This condition has been met for the first increment (Lot 1). The Trust is working with the
State Department of Transportation on its planned widening of Queen Kaahumanu
Highway from Henry Street to the airport. The State is in the process of acquiring the land
needed for the widened right-of-way. Some of the acquisitions have been completed and
the remainder should be complete in fiscal year 1999-2000.
Condition (Iq An overall landscaping master plan, which includes landscaping along the
property's frontages along Palani Road and Queen Kaahumanu Highway and a program
for the ongoing maintenance of the landscaping in accordance with the landscaping
master plan, shall be submitted to the Planning Director for review and approval, in
consultation with the Chief Engineer prior to the issuance of final subdivision approval
and/or final plan approval, whichever occurs first.
An overall landscaping master plan has been submitted to the Planning Director for review
and approval prior to the issuance of final subdivision approval and final plan approval.
Condition (L) The applicant shall install bike routes or lanes throughout the project
where required by the Planning Director in consultation with the Chief Engineer as a
matter of pedestrian and bicyclist safety.
The applicant acknowledges this condition and will comply where required by the
Planning Director.
Condition (M) A drainage system shall be installed meeting with the approval of the
Department of Public Works.
The applicant has complied with and will continue to comply with this condition.
Condition (N) The applicant shall construct all on-site and off-site sewer system
improvements required by the Department of Public Works and State Department of
Health.
The applicant has complied with and will continue to comply with this condition.
Condition (O) Comply with all applicable laws, rules, regulations and requirements,
including those of the Department of Health, fire, and the Department of Water Supply.
The applicant has complied with and will continue to comply with all applicable laws,
rules, regulations and requirements.
-5-
Condition (P) An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of the permit. The report shall include, but not be limited to, the
status of the development and to what extent the conditions of approval are being
complied with. This condition shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges that further reports are
not required.
This is the sixth annual progress report.
Condition Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for the imposition of exactions or the assessment of impact fees, conditions
included ,herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
To date, a Unified Impact Fees Ordinance has not been adopted by Hawaii County.
Condition (R) An initial extension of time for the performance of conditions within the
ordinance maybe granted by the Planning Director upon the following circumstances: a)
the non-performance is the result of conditions that could not have been foreseen or are
beyond the control of the applicants, successors or assigns, (i.e. which shall include, but
not be limited to, the presence of archaeological trails or sites or the presence of
endangered species of flora or fauna) and that are.not the result of their fault or negligence;
b) granting of the time extension would not be contrary to the general plan or zoning code;
c) granting of the time extension would not be contrary to the original reasons for the
granting of the change of zone; d) the time extension granted shall be for a period not to
exceed the period onggfinally granted for performance (i.e., a condition to be pen`ormed
within one year may be extended for up to one additional year); and e) 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. 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.
A one year time extension for fulfillment of Condition B has been approved by letter dated
September 24, 1998. A copy of the letter is attached. The Trust will be submitting another
time extension request later this year for appropriate action by the County.
-6-
BEVInMIN t. CAYLTANO
GOVERNOR OF HAWM ~ A \ AlIC11ALL D. WILBON, CHAIR
~ _ BOARD OF LAND Ax0 NATUP,AL
DEVUnEs
OILBEAT OOLONMACAgµ
_ _ AOVACVLTURE OEVFIOPMFM
vflocRAAI
STATE OF HAW,411 AovArle BEwuReEs
DEPARTMENT OF LAND AND NATURAL RESOURCES coxsmvAnoN AND
~ RESOUIK:ES FNfpflCLtIFM
STATE HISTORIC PRESERVATION DIVISION cDNVErANCEs
33 SOUTH KING STREET, 6TH FLOOR FORESTAY AND `MLOUFE
xI5TOAIC PAEBUVATION
HONOLULU, HAWAII 98813 ~yyl
LAND awsor
STATE PARKS
June 5, 1998 wATEA ANa Lwo DeiELOrMLxr
'~...r'
Ms. Susan Sakai LOG NO: 21559
Belt Collins Hawaii DOC NO: 9805PM20
_ 680 Ala Blvd., First Floor
Honolulu, Hawaii 96813-5406
Dear Ms. Sakai:
SUBJECT: Lonb range Preservation Plan for the Mamalahoa Trail
and other Sites in the Archaeological Preserve,
Liliuokalani Trust Keahuolu Lands
Keahuolu, North Kona, Hawau Island
TMK: 7-=4-08: Por. 2; 7-4-20:9, 14 and 22
This is in reply to your letter of May 18, 1998 regarding along-range historic preservation plan for the
Mamalahoa Trail and other sites in the archaeological preserve situated in the subject parcels.
You indicate that Liliuokalani Trust is prepared to complete a preservation plan for the Mamalahoa Trail
at this time, but would like to defer completion of the plan for the archaeological preserve. This proposal
meets with our approval, with the understanding that: (1) the plan for the preserve is completed before the
adjacent parcels are developed, and (2) an archaeological inventory survey of the preserve area is
completed before the preservation plan is developed. We would also like you to give us some idea of when
you think the survey and plan would be completed.
If you should have any questions please contact our Hawaii Island archaeologist, Patrick McCoy (587-
0006).
Aloha,
6N BARD, Administrator
State Historic Preservation Division
PM:amk
c. Paul Rosendahl, PHRI
.aa io:;y r.i1 au~5281~19 D I S & $
. - X002/OOC
Stephen K. Yamashiro c?.~~~ or ~~•`.'i ~rZ7IIta Goldrer
Dirrcrar
Mayor
_ RusteD Bolmbaa
1,~2,
•w„~. Drpurv Dirrrcr
~~ei w~
~IIU~~ ~ ~tt~ttii:
PLANNING DEPARTMENT
73 Aapua; strew, Boom 109 -tea, HaPau ssrzo..ssz
- (808) %I-5788 • Fx[ (90a) 961.97aa
September 24, 1998
Mr. Benjamin A. Kudo
Ms_ Naomi S. Uyeno
Dwyer Imanaka Schraff Kudo Meyer and Fujimoto
P.O. Box 2727
Honolulu, HI 96803
Dear Mr. Kudo and Ms. Uyeno:
Change of Zone Ordinance No. 93 66 (REZ 743)
Applicant: Liliuokalani Trust
Subject: Request for Administrative Time Extension
TI~~fK• 7-d-R• pnr 17
This is to acknowledge receipt of your Letter dated August 18, 1998, requesting a one year
time extrusion to Condition R of the above-referenced ordinance.
Condition B of the ordinance states that requirements for the effective dart of Lot 2 wi17 be
within five yearn from the effective date of zoning for Lot 1 or by October 4, 1998.
You have indicated that the request for a time extension has been brought about by
Liliuolcalani Trust's inability to commit funds to satisfy the infrastructure regtrements for Lot
2. It is our understanding that Liliuokalani Trust has entered into an agreement with the Maryl
Group to assist in the development of the remainder of Lot 1, and that the development of Lot
2 will commence upon the completion of Lot 1.
Condition R of the approved change of none ordinance allows the Planning Director to grant
an extension of time for performance of conditions within the ordinance. We have determined
that non-performance is a result of circumstances beyond the applicant's control and not a
result of fault or negligence, and hereby grants a one year extension of time until
October 4, 1999, to comply with Condition B.
•
uai zS /98 28:45 FAS 808 52813t_9 D I S & x
0
x1003/003
Mr. Benjamin A. Kudo
Ms. Naomi S. Uyeno
Dwyer Imanaka Schraff Kudo Meyer and Fujimoto
Page 2
September 24, 1998
Please be aware that should you request an additional extension of time, your request must be
forwarded to the Planning Commission through this office- A $250 filing fee, original and
twenty copies of the request shall be submitted when requesting an additional extension of
time. A public hearing to consider your request will be held within 120 days. After such a.
_ hearing is conducted, the request and the Commission's recommendation will be forwarded to
the County Council.
As a reminder, the applicant is required to.comply with all conditions as stated in the above -
referenced ordinance within their appropriate timetables. The next annual progress report will
be due on or before October 4, 1999.
Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at
961 -8288.
Sincerely,
r3/4 frifilr4.4"-
VIRGINIA GOLDSTEIN
1 .N Planning Director
PF:jkg
Mwpwia60\phynis\litiuo l.pw
cc w/ltr: County Council
ty �
West Hawaii Office
Planning Commission