HomeMy WebLinkAboutCOM 0059.000 2000-2002 ,..r..
Harry Klm ~ Dixie Kaettcu
Mayor Managing rhrec(or
•
Peter T. Youag
Depury Managing Dtrec7or
County of Hawaii - ~ ~ ~ I'
25 Aupum Stree4 Room 215 • Htlo, Hrwnt 96720A262 • (808)961-8211 • Fu (808)961-6553
KONA 75-5706 Kuttlcmt Htgfiwry, SmOe IOJ • Kadtu-Kong Hawau 96740
(808)729-5226 • Fu (808)326-5663
January 10, 2001
Honorable James Y. Aralrala, Chavman
and Members of the County Council
County of Hawau
25 Aupum Street
Hilo, HI 96720
Dear Chauman Arakala and Members
Change of Zone Apphcahon (RR9 00-007)
Applicant Matsuno Enterprises, Ltd
Request: RS-10 to CG-20
Tax Map Key: 2-2-40.14 and 69
County Council Initiated Bill No. 41, Draft No. 3
Change of Zone Application (RF7 94-2)
Applicant: Dorothy Souza
Request A-Sato RA-2a
Tax Map Key 4-5-3 24 and 124
Change of Zane Apphcahon (REZ 00.018)
Applicant: Trees of Kukuiliaele, LLC (Tom Hess)
Request. RS-15 and V~3 to V-23
Tax ICey: 4-8-63- 13 and 44
As required by Chapter 4, Sec 513 3(C), Hawau County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Comrrussion's letters and enclosures regarding the
above-referrnced requests
Sincerely, ~I
1 ~/1^~
Harry Kim
Mayor
LI 11700MAY
Enclosures Comm. No. S
cc Planning Department
$i ~ I ~6 Flle No. ZN~'/ HM
Ref. To:
Ref. Da+~ JAN 12
Harry IC~m
Mayor
County of Hawaii
PLANNING COMMISSION
25 Aupum Stree4 Room 109 • Hilo, Fiaw~u 967204232
(808)9614288 • Fu (808)961-8742
04i 1 4
Honorable James Y. Arakaki, Chauinan
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 00-018)
Applicant: Trees of Kukuihaele, LLC (Tom Heels)
Request: RS-15 and V-43 to V-25
T~tgzK~,y: 4-8-6:3. 13 and 44
The Plamm~g Commission, after a duly held public hearing on November 17, 2000, voted to
recommend for your approval the proposed legislative bill to change the district classification
for approximately 32.137 acres of land from Single Family Residential (RS-15) and Resort
(V-43) to Resort (V-25). The property is located within the village of Kukuihaele between the
Honokaa-Waipio Road (highway 240) and the old government road, Waikcekce and
Kanahonua, Hamakua, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideratron of the change of zone•
In order to consider an area for any type of zomng designatron, the applicable
goals, pohcies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better trine and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on surular areas in the
County
Ho~rable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The Change of Zone Applrcahon from Single Fartuly Residential (RS-15) and
Resort (V-43) to Resort (V-25) zoned district will conform to the following goals,
policies and standards of the General Plan Resort and Land Use Elements:
Land Use Element
• Designate and allocate land uses in appropriate proportions and in keeping with
the social, cultural and physical environments of the County.
• Zoning request shall be reviewed with respect to General Plan desrgnatron, drstnct
goals, regional plans, State Land Use District, compaUbtlrty with adjacent zone
uses, availability of public semces and utilities, access and public need
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Fr no is F.lem n
• Provide residents with opportunities to improve then quality of life.
• 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 an economic climate which provides its
residents an opportunity for choice of occupation.
Resort -Goals
• Maintain an orderly development of the visitor industry.
• Provide for resort development that maximizes conveniences to its users and
optimizes the benefits derived by the residents of the County.
• Ensure that resort developments maintain the social, economic, and physical
environments of Hawaii and its people
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
Resort -Policies
• Zonmg of resort areas shall be granted when the proposed development is
consistent with and incorporates Ute stated goals, policies and standards of the
General Plan.
• The County shall designate and allocate future resort areas in appropriate
proportions and in keeping with the social, economic, and physical
environments of the County.
• The County shall evaluate resort azeas and the azeas surrounding existing
resorts to insure that viable quality resorts are developed and that the
surrounding area contributes to the quality, ambience and character of the
existing resorts
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan rs a representation of the document's goals, policies, standards and courses of action
It rs also a graphic depiction of the physrcal relationships among the vanous Iand uses.
Although the LUPAG Map establishes the area as Low Density Urban, the subject
properties were determined by the Planning Director in 1994 to be an azea for Retreat
Resort. The sublect parcels fall wrtlun the Hamakua-Kohala Mountain Forest Reserve
azea, which m the General Plan document rs rdentrfied as an azea for "Retreat Resort "
The General Plan document allows for a floating zone concept for retreat resort azeas, m
order to take advantage of new concepts, trends, economic influences, umque resources
and other situations which may occur that would make a retreat resort a viable option for
an area. A Retreat Resort Area rs identified m the General Plan as "an area whch
provrdes the user wrth rest, gwet, and rsolatron for an envunnmental experience." The
maximum hotel amts allowable aze up to 100 rooms, as determined by the zomng
The requested zone change is consistent with the Hamakua Regronal Plan which
recommends the Kukurhaele-Waipio azea for retreat resort (up to 100 amts) and that the
Waal character be preserved as well as the cultural and scenic integrity of the rim to
Waipio Valley. The Northwest Hawarr Commumty Development Plan did not mclude
Zone Gwde maps for the Kukuihaele azea.
The applrcant's overall objective rs to develop a retreat resort with 40 detached
amts or hales over the 32-acre srte. In addrtion, also constructed will be support facrlrtres
and amemties, such as a restaurant, office bwlding, swrmming pool, teems courts,
pazking, landscaping and related improvements. Each of the hales would have 2
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
bedrooms, a main living area with a small kitchen. The hale would be perched on a
structure that resembles a tree, approximately 14feet off the ground. The hales would be
less than 35-feet tall and single story. The fabricated troes would have a span of about 60
feet, with rte branches no taller than 50 feet. According to the applicant, all hales and
trees would be constructed to burldmg requirements. The applicant's desire is to create a
development that would maintain the tropical ambiance of the subject properties and
maintain the rural character of Kukuihaele.
The subject property is situated adjacent to agricultural, resrdenhal and resort
designated lands Change of Zone Ordrnence No. 94-63, effective June 8, 1994, rezoned
TMK 4-8-06: 13, 43, and Portions of 9, 11 and 44. The approximately 113 acres of land
would have enabled Royal Coast Resort Corporation and Silverlink Holdings, Limited
(Royal Coast) to develop the Amen Resort; to include a total of 47 resort units and
38-agricultural lots for a proposed total of 85-units. However, the resort drd not come
into frurhon This proposed 40-unit development, if approved, would be a vrable
economrc benefit for the community, operating on a smaller scale, than the ongmally
approved 85-unit development
The new landowners propose to develop asmall-scale retreat resort that will
maintain the ambiance of the Kukuihaele area. Resort developments are created to satrsfy
the needs and desires of both the visitors and the residents. Such areas have basrc
amenities and attnbutes which attract the development of visitor accommodations and
related facilrties. Almost every successful resort area has a harmonious combination of
certain charactenstics, such as climate, scenery, recreational amenities and other
man-made facrlihes. In this instance, the area rs designated as a retreat resort area. The
subject properties have an ambrance with its tall banyan and eucalyptus trees, where its
natural factors can be the basis for the proposed "tree" development. The applrcant
desues to maintazn this troprcal ambiance by introducing structures and landscaprng m
then desrgn that add to and not detract from this forested envrronment.
A flora and fauna survey was conducted for the properties in 1991 and 1993 and
no native plants were rdenhfied or fisted as either threatened or endangered There were
srhr?g of the I'o (Hawaiian Hawk) and two indigenous seabeds (White-tazled troprcbrrds
and Great Fngatebud) and one indigenous mrgratory bird (Pacific Golden Plover) The
report concluded that the ongrnal project would not have an impact on the faunal
resources in the azea. Due to the rmproved nature of the subject property and the
surrounding azeas, rt rs not anticipated that endangered or threatened candrdate specres of
flora or fauna are located within the project site, nor has the project site bcen rdentrfied as
a significant botanical or brologrcal habitat
Honorable Jatttes Y. Arakaki, Chairman
a~ Members of the County Council
Page 5
An arohaxlogical survey was ongurally conducted on the properties pnor to the
submittal of the Royal Coast applications in 1994, and identified two sites on
TMK: 4-8-06: 03. A habitation terrace and the Manager's House were identified. As the
original pro~xt renew by the Department of Land and Natural Resottrces - Histonc
Preservation Division was in 1994, a condition will be included to requve the applicant to
axon a letter of final clearance to proceed.
The proposed development will not adversely tmpact any rxreational, including
access to and along the shoreline, or visual resources to the shoreline and coastal
ecosystems. The proposed development rs located mauka of the old government road and
approxtmately over one mile from the coastline. The proposed hales would be designed
to be integrated among tlu existing banyan and eucalyptus trees on the subject property,
as well as integrated among artificial trees to help maintain the existing tropical ambiance
of the properties Although the Warpio Valley rs located approximately one mile from
the subjxt properties, development on the aubjxt properties will not unparr the visual
newplane to the Waipio Valley
Basic services such as schools, parks, water, solid waste disposal, transportation,
public utilities, and police and fire protxtion azea available. Police and fire protxhon
are available in Honokaa Town approximately 7 miles away. A drainage system
requirements shall meet with the approval of the Department of Public Works. Other
utilities, such as eixtncrty and telephone can be made available to the sub~xt site. In
addition, wastewater systems shall meet with the approval of the Department of Health.
As the proposed access for the development will be from the Honokaa-Wazpio Road
which is a State Highway, the applicant shall construct the access meeting with the
requirements of the State Departrnent of Transportation. Access is proposed from the
Honokaa-Warpio Road which is a State Highway. All access improvements, including
improvements to the State Highway shall meet with the approval of the Department of
Transportation. To irunrrnize impacts to residents along the old govenunent road, access
for this pazticulaz development shall not be allowed from the old goverment road,
however, a road widemng setback shall be requved, as stated by the Depaztment of Public
Works. Although plans show a future connxtor road, between the old goverment road
with the Honokaa-W aipio Road, this was originally a requirement with the Aman Resort,
and no requvement to construct the road rs being imposed Regarding water
development, according with the Departrnent of Water Supply, the applicant has a limited
number of water commitments available As such, the applicant shall develop only the
number of hales that aze equal to the available water commitments for the subject
properties. Ttus would entitle only a limited number of hales to be itutially constructed,
which would be sufficient for only a portion of the development. The applicant would be
required to work with the Depaztment of Water Supply to detennute the number of hales
Honorable James Y. Arakakr, Chairman
and Members of the County Council
Page 6
that can be built m accordance with the available water commitments. Additional hales
could only then be constructed when further improvements are made to the existing
Kukuihaele water system facilities. Finally regarding requirements of the General Plan
that Affordable Housing and Employee Housing be required, a condition will be included
that the applicant shall work with the Office of Housing and Community Development to
formulate an acceptable plan. All plans shall be approved by the Office of Housing and
Community Development prior to the issuance of Final Subdivision and/or Plan
Approval. A Job Training Program shall also be developed and submitted to the
Department of Civil Service and the Planning Department for review and approval.
Based on the foregoing, the request conforms with the General Plan, which encourages
development when existing resources are available. Therefore, the request would not
unreasonably burden the public agtnciea to provide roads and streets, sewers, water,
draznage, school improvements, and police and fire protection. The request is also
consiateat with the Land Use and Resort Elements of the General Plan which also state
that resort uses shall be developed m areas adequately screed by essential services and
other infrastructure.
The project area has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The Federal Emergency
Management Agency Flood Insurance Rate Map (FII2M) designates the project area
within Zone X, areas determined to be outside the 500-year flood plain. The project azea
is also located more than one mile fiom the coastline which overlooks the Waipio Valley
and therefore outside of any tsunami inundation area. Further, any new construction or
improvements to the project area must comply with Chapter 27 of the County Code
relating to Flood Hazazd Control If regwred by the Department of Public Works a
drainage study shall be conducted and improvements constructed. Viewplanes of Wazpio
Valley are not affected from the subject properties. The property was formally cultivated
in sugaz cane and remains fallow. No endangered or threatened species of floral or faunal
resources are anticipated to be endangered. In an earlier archaeological inventory survey,
two sites were identified on TMK: 4-8-06.3 - a habitation terrace and the Plantation
Manager's house. As initial correspondences occurred in 1994, final clearance letter
from the Department of Land and Natural Resources - Historic Preservation Division
shall be regwred poor to any land clearing actrvities. The State of Hawaii ALISH Map
classifies the property as Pnme Agricultural Lands and the Land Use Study Bureau's
Overall Master Productivity Rating for the soils in the azea is "C" or "Fair " Again, as
previously stated, the General Plan designates the area for retreat resort.
There are three conditions that the applicant proposes to delete from Change of
Zone Ordinance No. 94-63 that deserves discussion in this recommendation.
Condition P(1) ongmally required the applicant to dedicate the social hall and lands
Honorable James Y. Arakaki, Chairman
a~ Members of the County Cottncil
Page 7
behind it (TMK: 4-6-08.3) to the County of Hawaii. The new applicant proposes to
maintain ownership of the propeRy and has expressed a desire to work with the
community in order to determine and enswe that some community beneSt is maintained
in the use of the social hall. As such, condition is included in this ordinance to require
the applicant to work with the community to ensure that the social hall is available for
community use at no cost. Condition ('1~ roquired the original applicant to deed
additional lands to the Tiger Camp lot owners and several older land areas. As the new
landowner, now owns the land behind Tiger Camp, the requuement to deed lands to the
Tiger Camp lot owners will also be carried over and included es a condition of this new
ordinance. Finally, Condition (V) granted a lifetime residence to Mr. Lino Reynon, who
resided on TMK: 4-8-06:44. Mr. Reynon has since moved into a care home, and
therefore, tlvs condition will not be included as a requirement by the new landowner
Based on the above findings, approval of the Change of Zone request from Single
Family Residenttal (RS-15) and Hotel Resort (V-43) to Hotel-Resort (V-25) zoned
district would result in an appropriate land use pattern and further the public convenience,
necessity and general welfare.
For yow favorable consideration, an amendment to Section 25-8-15, the Hamakua District
Zone Map, of the County Zoning Code is transmitted.
We are enclosing a copy of the staff background for yow informapon.
Sincerely,
ti~s~l -~+-c°-„
'chard B. Baker, Jr ,Chairman
Planning Commission
[.treaoa~„h„ ••1e02PC
Encloswes
cc: Mr. Sidney Fuke
Mr Tom Heers
Department of Public Works
Department of Water Supply
Department of Land & Natural Resowees
I{azu Hayashida, Director/DOT-Highways, Honolulu
BKuk~oLek01 fk~•11/1 V00
COUNTY OF HAWAII PLANNING DEPARTIVIENT
BACKGROUND EpORT
TREES OF KUKUIHAELE, LLC
CHANGE OF ZONE APPLICATION NO.00-018
AMENDMENT TO CHANGE OF ZONE ORDINANCE N0.9463
TREES OF KUKUIHAELE, LLC has submitted an apphcation for a Change of Zone
by changing the distract classification fiom Single Family Residential (RS-15) and Resort (V-43)
to Resort-Hotel (V-25) for approxunately 32.137 acres of land, covered by TMK: 48-06:03, 13
and Portion of 44. The applicant is also requesting an amendment to Ordinance No. 94-63 (RR7
764) by deleting parcels identified as TMK: 4-8-06:13 and 4d; amending Conditions B -
incremental development, I -delete reference to plantation manager's house, and R(1)-delete
reference to Plantation Inn, Residential-Resort; and deleting in its entirety Conditions E -
construction lima requirements, H -submittal of plans for plantation manager's house, P(1) -
provide in perpetuity 11.5 acres for recreation, T -deed 4.1 acres to adjacent lot owners, and V -
giant a lifetime residence; and appropriate realphabetizuig and rentunbenng of conditions. The
property is located within the village of Kukuiliaele between the Honokaa-Waipw Road
(Highway 240) and the old government load, Waikoekoe and Kanahonua, Hamakua, Hawaii.
GENERAL INFORMATION
1. Owner: Tom Heers is the fee owner of the subject properties.
BACKGROUND INFORMATION
2. Change of Zone Ordinance No. 9463: In 1994, Royal Coast Resorts Corporation &
Silverlinks Holding Ltd. (Royal Coast) applied for a Change of Zone from A-40a and
RS-15 to V-43, V-18, A-la and RS-7.5; a State Land Use Boundary Amendment from
Agricultural to Urban and a General Plan Amendment in order to develop the Aman
Resort. The subject properties involved were TMK: 48-6: 13, 43, and Portions of 9, 11
and 44. The Planning Director determined that a General Plan amendment for the subject
parcels was not required, as ffie proposed development fella within the Hamakua-Kohala
Mountain Forest Reserve, which is identified as a Retreat Resort Area, in accordance
-1-
with the General Plan document. The change of zone and state land use boundary
amendment applications were approved by the County Council, effective June 8, 1994.
The approved request allows Royal Coast to develop the Amantudeaway which would
have included the following resort units:
A Develop a 36-amt retreat resort;
B. Convert the existing plantation manager's house into a 4-unit inn
C. Establish seven one-acre residential-resort lots and up to 10 units of
employee housing units on the site.
The total number of resort units proposed were 47 unite, with an additional 38-oae acre
agricultural lots, for a total density of 85 amts on the subject properties. As conditioned
by the Ordinance No. 94-63, the applicant was required to convey additional land located
to the rear of the adjoining 15 residential lots owners in Tiger Camp. An initial extension
of time to comply with Conditions D and T of Ordinance No. 94-63 were applied for and
granted by letter dated November 13, 1996, for 18 months uatil ]une 7, 1997.
Subsequently, no request for an additional time extension has been received. (See
E=hibit A -See Applicant's Cbange of Zone Applicatlon -Ordinance No. 943 is
attached)
PROPOSED DEVELOPMENT
3. Request: The new owner, Tom Heers, dba as Trees of Kulcuihaele, LI,C, recently
acquired the subject three (3) parcels in order to develop a 40-unit resort development on
approximately 32.14 acres over a penod of time. He is requesting to rezone the subject
parcels from V-43 aad RS-15 to V-25. In his proposal, the existing manager's house and
guest house on TMK: 4-8-06:13 will not be part of the development. The manager's
house will be reserved as the owner's residence and the guest house for the
manager/owner's guests. The applicant's request is twofold since he wants to divorce his
development (TMK: 4-8fi:3,13 and portion of 44), from the original Royal Coast
development(TMK: 4-8-6: 9, 11, 13, 43 and 44). First, applicant is proposing to rezone
the subject parcels from the designated zoning of V-43 and RS-15 to V-25 in order to
pursue hie development. Secondly, the request rs to amend certain conditions within the
-2-
existing Change of Zone Ordinance No. 94-63, in order to delete conditions applicable to
the applicant's parcels, TMK: 4-8-06: 13 and 44.
4 Objectives: The applicant proposes to develop 40 detached units or hales over the 32-
acre site along with support facilities and amenities, such as a restaurant, office building,
swunming pool, tenors courts, parktng, landscaping and related ~mprovemcnts. Each of
the hales would have 2 bedrooms, a mwn living area with a small kitchen. The hale
would be perched on a structure that resembles a tree, approximately 14-feet off the
ground. The hales would be less than 35 feet tall and single story. The fabncated trees
would have a span of about 60 feet, with rts branches no taller than 50 feet. According to
the applicant, all hales and trees would be constructed to building requirements.
5. Requested Amendments to Ordinance No. 94-63: In addition to rezoning the subject
parccL9 to V-25 for the new resort development, the applicants is requesting that
Ordinance No. 94-63 be amended, to delete any conditions that affect the subject TMK:
48-06: 3, 13 and 44, so as to drvoroe the Trees of Kukuihaele development from the
original Royal Coast development. If the subject rezoning were approved, the subject
parocls would be governed by a new ordinance, and not by Ordinance No. 94-63, as they
are no longer part of the original development by Royal Coast. Therefore, after amending
Ordinance No. 94-63, the *rmp+n+ng conditions would only cover TMK: 4-8-6: 9, 11, and
43, should they be developed. The proposed amendments to Ordinance No. 94-63
submitted by the applicant are as follows: (Note: Deletions are shown in brackets and
bolded)
(B) No more than thirty-eight (38) one-acre lots shall be developed on the A-
lazoned area [and no more than twenty-one (21) units shall be developed on the
V~3 zoned area].
[(E) The aQrlcaltnral and reaidentlal-wort lob subdivision, tLe
consolidation and ranbdfvislon o[ the adjoining raidentW lots, the resort and
improvements to the Plantatlon Inn located within the V-43 zoned area, shall be
constricted within flue years from the effective date of thb change of zone
ordinance;]
-3-
[(H) Plans for the reaovatloa of the plantation manager's home ahali be
submitted to the Department of Laced and Natural Resources, Historic Preaervatloa
Division, for review and approval is accordance with sectloa 6E-10, Hawaii Revised
Statutes, prior to commencement of nay construction, alterstlon or other
improvements to the plantatloa manager's house]
[(I)] A detailed historic sites mitigation plan for the treatment of all significant
historic sites in the project area[, except for the plantation manager's house] shall be
submitted to the State Historic Preservation Division for review and approval. The plan
shall consist of two sub plans:
(1) an archaeological data recovery plan (scope of work) for the sites to
undergo data recovery and
(2) a detailed preservation plan for the sites to undergo preservation, to
include buffer canes, interim preservation measures, and long range
preservation concema.
Verification of the approval of the plan by the State Histonc Preservation
Divisron shall be submitted with the plans for subdivision or grading pemvt. No
lend alteration may occur within any area identified as containing an
archaeological site until the terms and canditione of the preservation plan have
been met;
(P) to ensure that the Goals and Policies of the Recreation Element of the
General Plan area implemented, the applicant shall:
[(1) provide in perpetuity for appro:lmabely 11.5 acres of land,
T14II{: 4-g-06: 3 and Portloa 44, which includes the social hall site, the Held
adjacent to It sad lands e=teading behind Tiger Camp which shall be
dedicated to the Cooaty otHawaii npoa its regaat Uatll aach time that the
land bt dedkated to and accepted by the Coaaty, there:hall be adequate
assurance, as determined by the Planning Dimtor sad the Corporation
Counsel, by a recorded covenant canning wiffi the land, to obligate the
applicant to maintain and accept all liability for the acid lands fn perpetuity.]
-4-
General Plan as sites or areas of scenic resources. However, the Waipio Valley and
Mauna Kea are listed as scenic resources.
15. County Zooiag: By Change of Zone Ordinance No. 94-63, effective June 8, 1994, the
properties aro currently zoned as follows:
A. TMK 4-8-6: 13 = V-43 (approximately 14.427 acres)
B TMK: 4-8-6: 3 = RS-15 (approxunately 9.14 acres)
C. TMK: 4-8-6: Portion of 44 = V-43 (approximately 8.5 acres)
Prior to the rezoning in 1994, TMK: 4-8-6:3 and 13 were zoned RS-15 and
TMK:4-8-06:44 was zoned A-40a.
16. SMA: The property rs not situated within the Special Management Area. The parcels are
located approximately over one mile from the coastline.
17. Northwest Hawall Community Development Plan: This plan was adopted as
Ordinance 445 in 1979 and did not include Zone Guide maps for the Kukuihaele area.
18. Hamalcua Regional Plan: Endorsed by the County Council on November 8, 1990. The
plea recommends the Kulruihaelo-Waipio area for retreat resort (up to 100 units),
pn:serviag the rural character and preserving the cultural and scenic integrity of the rim to
Waipio Valley.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
19. Property: The subject properties cover an area of approximately 32 scree and is located
in Kulruihaele, Hva4+,n The Subjeet properties, TMK: 4-8-06: 3 and 44 have frontage
on both the Honolcaa-Waipio Road and the Old Government Road. Thera is a dwelling
oa Parcel 44 along the Old Government Road frontage, with a majority of the parcel
coverod with old case. This dwelling was the roaidence of Mr. Lino Reynon, who
according to the applicant, now resides in a care home. Condition No. V of Change of
Zone Ordinance 94-63 required the applicants to pmvrde a lifetime residence to this
mdtvidual. A majority of the hales will be on TMK: 4-8-06: 44 and 13. TMK: 4-8-06: 3
is the site of the old social hall. It is partially cleared with a parlang area to the rear of the
building, with the remainder in cane and forest. The applicant has stated that they are
woriong with the community on the use of Ure old social hall and the possible conveyance
-7-
of the area rmmediately mauka of Tiger Camp to those residents. The new applicants
hope to refurbish the old social hall and introduce uses such as a restaurant. TMK: 4-6-8:
13 has frontage along the Old Government Road, where the Old Manager's House and a
guest house rs located. This parcel rs landscaped with eucalyptus and other plants.
20. Elevation: The lands slope downward from the Honokaa-Waipio Road to the old
government road. The highest elevation is approximately 840 fcet along the Honokaa-
Watpro Road sloping at less than 15% slope towards the old government road.
21. U.S.D.A. Soil Type: The soils within the project area is Paauhau silty clay loans,
6%-12%. Run off is slow and erosion rs slight. These soils were mostly used for
sugarcane.
22. Land Study Burcao: The leads are rated "C" or fair.
23. ALISH: The property is Prime Agricultural lands; gulch areas ere identified as Other
Important I.aada.
24. Flora/Faana Resources: The site is covered month banyan aad eucalyptus trees,
macadamia nut and avocado trees and other ornamental and tropical flowering plants.
Char and Associates, botanical consultants for Hamakua Sugar Company, had originally
conducted field studies of the sub~cet properties in Febnrary and March 1991, including
the make properties that were part of the onginal Royal Coast. None of the native plants
identified are listed as either threatened or endangered. A survey of avifauna and feral
mammals was conducted by Reginald David in 1993. One endemic species, (I'o or
Hawaiian Hawk), two indigenous seabeds (White-tailed Trapicbirda and Great
Frigatebird) and one indigenous migratory bird (Pacific Golden Plover) wero sited. A
larger area was also surveyed by Phillip Bnmer, who sited the Hawaiian duck or koloa;
the American coot, the common amakrhu and short~aznd owl or pogo.
25. Archaeological Resources: An archaeological inventory survey was originally
conducted by Paul H. Rosendahl, PH.D., Inc. Two sites were identified that involve the
applicant's parcel TMK: 4-8-06: 3. A habrtation terrace was identified significant for
rnformahon content with fiether data collectton recommended. The Plantation
Manager's house that is identified as a hrstoric site.
-8-
26 State Register of Hlstorlc Places: The Plantation Manager's Estate is on the State
Register of Htstoric Places, however, it will not be a part of the proposed development.
27 Scenic Resources: The proposed development will be located on the mauka side of the
old government road and due to the sloping lands as well as the existing trees and
vegetation, ~s not expected to impact view planes of the Waipio Valley
28. Water and Coastal Resources: The subject properties are mauka of the old government
road. They are located over a mile from the coastline. The applicant proposes to utilize a
septic system or an alternative acceptable to the Department of Health.
29. Noise, Air Quality sod Daat: Short-term nose and dust impacts are anticipated during
construction, however, fire applicant will adhere to guidelines of the Department of
Health. It rs not anticipated that air quahty will be affected by the development. There
will be added traffic, however, the parking area will be paved.
30. Economic Impacts: It is estimated that the first phase will generate at least 40-50 new
full and pert-time jobs. Upon completion of this project, it is estimated that an additional
15-20 full and part-time jobs will be created.
31. Agricultural Impacts: Although, the lands along the Hamakua Coast were historically
used for sugar cane cultivation, the lands now remain fallow. Based on the development,
the agricultural potential of the subject lands will be removed.
32. Traffic Impact: Access for the subject development will be from the Honokaa-Waipio
Road, which is a State owned two-lane highway with 12-foot lanes and 6+ foot wide
shoulders. A traffic impact study was originally completed for the Amen resort, which
noted that the level of service was "A" or "good." No additional development of the area
has occurrod since 1992, which would change the level of service. However, the
applicant will comply with the Department of Transportation requirements.
33. FIRM: Zone X (area outside of the 500-year flood plain).
34. Surrounding Zoning/Laad Uses: The village of Kukuihaele consist of about 60+
homes with a population of about 300. Single family residences are located to the south
of the properties, (Tiger Camp Plantation, Kona Camp and around the "Last Chance
Store'. Also in the vicinity is the old social hall, post office, the Roman Catholic
-9-
i
Church, Kukurhaele Park and the Kukuihatle Cemetery. The subject properties aze a
little over one mile from the Waipio Valley lookout and approximately 6.4 miles from
Honokaa Town.
35. Alternstlves to the Development: If the proposed development were not approved, the
site would remain in its present condrtion. Lands would continue to be used for
intermittent grazing and a large residential estate. Under the existing RS-15 and V-43
zoning, one parcel could be subdivided into 20-2415,000 square foot lots, whereas the V-
431ands could result in approximately 12 hales. As the original concept for the Aman
resort has been abandoned, the viability of the V-43 is questionable.
PUBLIC FACILITIES AND SERVICES
36. Access: Although the properties where the development will occur has frontage on both
the Honokaa-Waipio Road and the old government mad, the proposed access for the
proposed resort development will be from the Honokaa-Waipio Road. The Honokaa-
Waipio Road rs a State Highway with an approximate 25-foot wide pavement, with 3-4
feet paved shoulders. The old government road is maintained by the county and is
approximately 21 feet wide.
37. Water: Water is currently serviced by the Couaty Department of Water Supply's
Kukurhaele system. A limited number of water commitments are availabe, as such, water
needs for the entire proposed development may not be met through the current water
system. According to the Department of Watea Supply, extensive on and off-site
improvements would need to be constructed.
38. Wastewater: Wastewater will be by septic system or a system approved by the
Department of Health.
39. Drainage: Waikokoe stream bisects the western portion of MTK: 4-8-06: 13. According
to reports from residents, there have been some flooding in the area The applicant
proposes to accommodate on-site generated runoff as well as to protect the srte from any
potential overflow from the Waikoekoe Stream.
40. Utilities: Electrical and telephone aervrce are available to the propeRy.
41. Protective Services: Police and fire protection is provided from the Honokas town
-10-
_ ~
stations approximately seven (7) miles from the development site.
AGENCIES COMMENTS
42. Department of Public Works (October 31, 2000 Memo):
"We have reviewed the subject application forwazded by your memo dated September 28,
2000 and have the following comments.
1. Kukuihaele Town Road (a.k.a. Kukuihaele Road) is owned by the State of
Hawazi, but is under the County's jurisdiction by System Agreement -
Supplement No. 7.
2. A future road widening setback should be provided for fronting Kukuihaele
Road."
43. Police Department (October 16, 2000 Memo):
"Staff has reviewed Ute abovo-referenced application for a change of zone and does not
foresee any adverse effect should it be graated. "
44. Real Property Tu Office (October 20, 2000 Memo):
"There are no comments at this time.
"Current Real Property taxes are paid up to December 31, 2000 for all 3 parcels."
45. Department of Water Supply (See Ezbibit B -November 8 and 13, 2000 Memos and
Applicant's Response dated November 13, 2000)
46. Department of Healtb: (See Ezhibit C -October 6, 20001etter)
AGENCIES - NO RESPONSE
47. Fire Department and State Department of Transportatloa (Hllo sad Honolnla).
PUBLIC COMMENTS
48. The Department has not received any comments or objections from the general public or
adjacent landowners.
-11-
• CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legtbly prtnt the requested tnfotmatton)
APPLICANT• Trees of Kukuihaele, LLC.
APPLICANT'S SIGNATURE•-~- ~ dt"L-eG~p DATE:09/05/00
P.O. Box 5133 Tom Heers
ADDRESS:
Honokaa, HI 96727
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE.(Bus.) 775-/7)449 (Res) (Fax) 775-1817
LANDOWNER(S)• ~,-~^--o ~ /L~~
LANDOWNER SIGNATURE(S): D ~ J Enteyryprisr)es, Pres. Tom He~AgE 09/05/00
LANDOWNER(S) ADDRESS: P.O. BozMa~1~3 (~~Honokas, HI 96727
REQUEST V-43 and QS-15 TC V-25
(Extsttng zotttng) (Proposed Zowtg)
TAX MAP KEY 4-8-06: 3. 13. 44
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED• 32.14 acres
AGENT: Sidney Fuke
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE:(Bus.) 969-1522 961-9909 (F~)969-7996
Please utdicate to whom ongtnal cotrespottdence and copies should be seta.
ORIGINAL: Sidney Fuke EX~T Tom Heers
A
(See Insttvcnons on Reverse Side)
ATTACHMENT
Commerc;al, RM, Resort, ~ rncustrial
PLANNING DE?ARThENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request .s approved, do you intend to subdiviae
the subject land .n accordance with the approved change
of zone? No
If des, please answer the rest of question 1 and then to
question 3.
a.- How many acres or" the requested area do you intend to
subdivide?
o. Into what lot sizes?
c. - If your request is approved, approximately how long
• after the date of approval do you expect to submit
your subdivision plans to the Planning Department
far preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of suodividing the subject area,
do you intend to:
a. Sell or lease the land tc someone who has firm
plans? No
b. Sell or lease the land a someone who has tentative No
plans?
c. Sell ar lease the land to someone who has no plans? No
d. Keep it? Yes
e. Other (please state)
Tfie properties will probably be -
consolidated. One of the lots
may also be subdivided for a
houselot.
f. If you intend to do either a, tl, or c, please elaborate
on the kind of plans the other party nos. Please, also,
irclutle in your answer approximately how soon after
approval of your rezoning co you expect to transfer the
subject land to anot~er party.
3. what specific building plans do you have for the subject land?
Include in your answer the following: type of ouzltl:ng
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information wnlch you
feel might help us in evaluating your request.
Please refer to Planning Report.
a. Have you performed any study whicn would demonstrate a need for
your proposed building and/or development?
If so, please elaborate on your findings in the space provided
below.
Please refer to Planning Report.
-2-
Have you perfo:mec any study whlc^ d=scusses the
environmental impacts ycur reGUest would nave on the
surrounding area and/cr the County Yes
If so, please elaoorat=_ on your findings in the space
proviaec oeiow.
Much of the information contained in the
Planning Report were extracted from the
EIS for the original project.
6. Are there any buildings on tre suolect area? Yes
If so, what kind?
Two residences and a guest house.
What do you intend to tlo with those buildings if your
request is approved?
THe residence and a guest house will be
kept. The other residence may either be
torn down or rented.
7. Is the subject land currently being used for any
agricultural activitity? Yea
If so, please list the kinds of proaucts grown antl on
how many square feet or acres of land per product.
Very limited macadamia nut and avocado trees.
-3-
8. ?o your Knowledge, has mere been any flooding anb/or
drainage problem on the subject area? Yes
,f sa, please descr.be t`+e problem.
Adjacent to the Waikoekoe stream, there
have been some storm runoff.
9. Oo you think that the roads leading to the subject area No
needs improvement?
If so, what kind?
Is the road adequate for the proposetl traffic volume Yes
or load?
10. what sort of governmental assistance and/or improvements
do you feel will be needetl in the subject area when
developed?
Yes No
a. Schools R
b. Roads %
C. Sewer R
d. Drainage %
e. Police Protection R
f. Fire Protection R
g. Recreational Facilities R
h. Public Utilities %
i. Other R
SEP-0-~-00 11:02 AM P, 01
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;,fprovesrres ene per sssltunee an nfeofe.
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11. NfVf you per~Cimp fny iL1T.: l;Lfi yLAy Y gl:T fulvfy Of CRC
subjaec {Taal I~ s~, rrft +a :'~e ns411a7 01etf1f, ai 30,
suOniSL d :OCY Gf L'1f {L~Cy L_glCifT wilt tnia Marge a• torn: '
agp:amenL. ~
A etu~t vac 4one i~ conjunction vith tha
dI~ •[torc. 3f id document i• already on file
• v2cL ehe Planate= ~eparemant.
j odorrss: 0'. 0, 1doX S' / 53 u ~a ~ ~a a k~
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"f.t:nana. '
•ace 09/OS/00
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COUNTY REZONING APPLICATION
(RS-15 and V-43 to V-25)
and
AMENDMENT TO ORD. N0.94 63
TREES OF KUKUIHALE, LLC.
WAIKOEKOE AND KANAHONUA, HAMAKUA,
HAWAII
TAX MAP KEY: (3) 4-8-06: 3,13 & 44
Prepared For:
Trees otKukuihak, LLC.
Prepared By:
Sidnry M. Fuke, Planning Consultant -
September 2000
COUNTY ENVIRONMENTAL REPORT
AMENDMENT OF ORDINANCE N0.94 63
(TMK: (3) 4-8-06: 13, 43, and Portions of 9, 11, 8 44)
and
COUNTY REZONING REQUEST - V~3 to V-25 and RS-15 to V-25
(TMK: (3) 4-8-06: 3, 13, 844)
TREES OF KUKUIHAELE, LLC.
WAIKOEKOE AND KANAHONUA, HAMAKUA, HAWAII
I. INTRODUCTION
The Trees of Kuku~haele, LLC (hereinafter referred to as TOK) recently
acgwred three (3) parcels identified by TMK. 4-8-06: 3,13, and 44. Said
properties are located in the village of Kukuihaele. (See Figure 1)
These properties were part of the 113-acre proposed retreat resort call
Amanresort. The rezoning for the proposed Aman?asort project, which
included two of TOK's properties (parcels 13 and 44), was approved in
1994 (Sae Appendix A -Pertinent Sections of Ordinance No. 94 63)
Understandably, some of the conditions of zoning approval directly
affected the parcels now owned by TOK.
TOK does not have any interest in developing its properties as originally
conceived. Instead, TOK would like to develop portions of it properties,
consisting of a combined area of 32.14 acres, into a 40-unit visitor
complex over a period of time. Further, TOK would like to fulfill some of
the commurnty obligations affecting its properties that were committed to
by the former developer This relates specifically to a portion of TMK: 4-
8-06. 44, of which a 3.019 acre portion was rezoned RS-7.5 to effectuate
the commitment to the adjoining Tiger Camp homeowners.
The applicant recognizes that the owner(s) of the other parcels that were
once part of the broader Amanresort project may still elect to proceed with
a development consistent Meth the current entitlements. TOK does not
wish to jeopardize and/or interfere Mnth those plans.
Accordingly, this request is intended to divorce the parcels owned by TOK
from the basic ordinance (Ord No. 94 63) and/or appropriate conditions
of approval AND to have pertinent portions of its parcels rezoned in a
manner that would enable TOK to proceed with its project.
II. GENERAL PERMITTING BACKGROUND
In 1994, approximately 98 acres of land Mrere rezoned to allow, with some
additional 15+ acres of existing zoned properties, the development of a
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• ! C D FIGURE I E F G x
113 acre "retreat" resort complex The speafic zonings and their acreage
were
Resort (V-18) 15 000 acres
Resort (V~3) - 26 923 acres
Agriculture (A-1a) - 51 982 acres
Residential (RS-7 5) - 3 019 acres
Residential (RS-15) - 1 087 acres
Concurrent with the zone change, pertinent portions of the General Plan
and State Land Use District were amended Resort and Urban,
respectively
As proposed, the retreat resort complex would have consisted of (See
Figure 2):
• the Amanhideaway, a 36-umt luxury resort located near the cliff
edge;
• the Plantation Inn, a 4suite inn situated within the fom~er
Plantation Manager's estate located mauka of the government
road within the village,
• 7 residential-resort lots that could be used to accommodate
additional guests at the resort;
• 10 units of employee housing;
• 38 residential-agricultural lots with a minimum lot size of 1-acre;
• supportive uses such as restaurants, resort-related retail areas,
recreational amenities, and the like; and
a community benefits package such as the improvements to the
Social Hall and Kukuihaele Park.
The approved protect has not been implemented In the meantime and,
as noted above, some of the key parcels (TMK: 48-06: 13 and 44) were
purchased by TOK. TOK now wishes to proceed with its own concept.
III. NATURE OF RECUEST3
Specifically, the requests are
1 to amend Ord. No 94 63 by:
(Bracketed [ ]items to be deleted and underscored _ items
to be added.)
a. deleting parcels identified by TMK: 48-06 13 and 44;
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F:~urc 10 Overall Amanresort Master I'I::n
FIGURE 2
b deleting a portion of condition B to read as follows
"(B) No more than thirty-eight (38) one-acre lots shall
be developed on the A-1 a zoned area [and no more
than twenty-one (21) units shall be developed on
the V-03 zoned aroa];"
c deleting conditions E and H in their entirety
"[(E) The agricultural and residential-resort lots
subdivision, the consolidation and resubdivision of
the adjoining residential lots, the resort and
improvements to the Plantation Inn located vnthin the
V-43 zoned area, shall be constructed within five
years from the effective date of this change of zone
ordinance;]"
"(H) Plans for the renovation of the plantation
managers house shall be submitted to the
Department of Land and Natural Resources, Historic
Preservation Drvision, for revew and approval in
accordance vmth Section 6E-10, Hawaii Revised
Statutes, prior to commencement of any construction,
alteration or other improvements to the plantation
managers house;]
d deleting a portion of condition I to read as follows
"(I) A detailed historic sites mitigation plan for the
treatment of all significant historic sites in the project
area[, except for the plantatJon manager's house]
shall be submitted to the State Historic Preservation
Division for review and approval."
e deleting a portion of condition P to read as follows:
"(P) to ensure that the Goals and Polices of the
Recreation Element of the General Plan are
implemented, the applicant shall.
[(1) provide in perpetuity for approximately 11.5
acros of land, TMK: 48-06: 3 and Portion ,4,
which includes the social hall site, the field
adjacent to it and lands extending behind Tiger
Camp which shall be dedicated to the County of
3
Hawaii upon its roquest. Until such time that the
land Is dedicated to and accepted by the County,
them shall be adequate assurance, as detartnined
by the Planning Dlractor and the Corporation
Counsel, by a rocordad covenant running with the
land, to obligate the applicant to maintain and
accept all (lability for the said lands in perpetuity;]
and renumbering (2) and (3) to (1) and (2),
respectively
f deleting a portion of condition R(1) to read as follows:
"(R) Prior to the issuance of the certificate of
occupancy for any portion of the subject properties,
the applicant shall:
(1) construct a new primary access to the project site
([Plantation Inn, Rssiderrtlal-resort,]
Amanhideaway[,] and the agricultural lot subdivision),
from the State Highway on the west side of
Waikoekoe stream to Kukuihaele Town Road meeting
with the approval of the Department of Public Works "
g. deleting conditions T and V in their entirety:
[(T) As represented by the applicant, a total of 4.1
acres of land, with the consent of lot owners at Tiger
Camp, lot owners adjacent to the plantation
manager's house, and lot owners near the fomrer
grade school playground shall be deeded to the
respective lot owners within eighteen (18) months
from the effective date of this ordinance;]
((V) As represented by the applicant, a lifetime
residence shall be granted to Mr. Lino Reynon who
resides on the property described as TMK: 4806:44.
Documentation shall be submitted to the Planning
Director prior to final subdivision approval or final
plan approval, whichever occurs first;] and
h. Making appropriate lettering and/or numbering -
editorial changes.
a
2 to rezone two parcels identified by TMK. 4-8-06 3 and 13
and a portion of TMK: 4-8-06: 44, consisbng of a combined
area of 32.137 acres into the Resort (V-25) distnct. The
requested rezoning would be:
a. Parcel 3 (8.55 acres) - RS-15 to V-25;
b. Parcel 13 (14.427 acres - V~3 to V-25;
c Parcel 44, Lot 2a (5 42 acres) - V~3 to V-25; and
d. Parcel 44, Lot 2b (3.74 acres) - V~3 to V-25
Essentially, the first set of amendments is designed to bifurcate the
parcels under the control of TOK from the enabling rezoning ordinance.
At the same time, the conditions of approval which deal specifically with
TOK's properties are proposed to be deleted. It would not be prudent and
fair to obligate the remaining landowner(s) to implement conditions
affecting properties they have no conUol over
The second amendment is designed to enable TOK to effectuate its
concept. It is understood that some of the conditions of approval
associated with the existing ordinance may be incorporated into the
property with the requested new zoning designation.
Further, the applicants intent is not to exceed a density of 40 units.
Under that basis, it may be possible to have the site rezoned to V-30 and
not V-25. However, as one of the site (parcel 3) may not be inEsrpreted to
be within the Resort area of the General Plan, the additional density on
parcels 13 and 44 is being sought. Should a favorable interpretation be
made, the applicant would have no objection to capping the density at 40
units over the entire site.
IV. PROJECT LOCATK)N
The 32.137 acre site of the proposed rezoning consists of two parcels
(TMK: 4-8-06:3 & 13) and a portion of parcel 4a6 situated within
Kanahonua and Waikoekce, Hamakua, Hawaii. Located within the village
of Kukuihaele, the site is sandwiched between the Honokaa-Waip~o Road
(Highway 240) and the okl government road that goes through
Kukuihaele. (See Figure 3). The site is the home of the fomrer
plantation managers home and the property to its immediate weal. The
Kukuihaele social hall is located on parcel 3, and the smaller plantation
lots called Tiger Camp aro located to its west.
There are scattered residences maka~ of the subtect site, and some
limited commercial uses east of the site
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N. PROJECT DESCRIPTK)N
A. Proiect Concept and Component
The applicant, Trees of Kukuihaele, LLC, plans to develop a lodge
consisting of forty (40) detached units or "hales" over the 32+ acre
site Also planned are the related support facilities and amenities
such as a restaurant, office building, swimming pool, tennis courts,
parking, landscaping, and the like. (See Figure 4)
Each of these hales would have 2 bedrooms and a main area with
a small kitchen. (See Flguro 5) The hale would be single-story
and less than 35 feet tall. It would be perched on a structure that
resembles a tree, approximately 14 feet off the ground Thesa
fabricated trees would have a span of about 80 feet, with its
branches no taNer than 50 feet.
At this time, the structural definition of the trees relative to height
has not been cleared by the County Building Division. As such,
should the trees -branches included - be deemed the height, they
will be reduced to comply with the 45-foot height requirement of the
Zoning Code While visually unorthodox, all of the structural
support of the trees and the hales themselves would comply Meth
prevailing Building Code standards. (See Figure 8)
Access to the site would be from the main Highway. However, the
applicant wishes to discourage the use of automobiles on the
premise. As such, mtemal circulation would be handled through a
system of goH carts or similar type of vehicles. A future road
reserve located at the western end of the property would also be
established to allow for a possible future connection between the
main Highway and the old government road.
The subject site has a number of tall banyan and eucalyptus trees.
There are also considerable macadamia nut and avocado trees.
The applicant would like to capitalize on this tropical ambiance by
introducing structures and landscaping that add to and not detract
from this "forested" environment.
The existing managers residence would continue to be used as a
home for applicant. The guest house would be used for the
manager/owners guests -
The other dwelling would either be used for employee housing or
tom down. It should be noted that this dwelling is the one referred
6
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to in Condition V, which is being proposed to be deleted The
individual has since moved to a care home.
It should be emphasized that the size and location of the structures
are preliminary and will be adjusted to accommodate the spatial
needs of the potential users and County's design review and
related construction requirements. The drainage and access
requirements will have a significant influence over the type, ,
location, and size of the structures. As such, although the concept
plan shows no hales on parcel 3, it is very possible that the units
will be dispersed throughout the 32+ acre site and not stacked up
on one side.
To reiterate, as the project is in its conceptual stages at this time, it
is recognized that further design reviews will occur at the
subsequent stages of the permitting process which will cause
significant changes to the submitted plans. The applicant
understands and accepts that. At this pemritting phase of the
project, the applicant is requesting only land use (zoning) and not
specific building and infrastructural design considerations.
B. Proisct Timstabh and Cost
The applicant would like to start construction of at least 20 of the
units and the office building immediately upon receipt of all
approvals. Hopefully, construction will occur in spring of 2001.
The balance of the project would be staged in overtime, depending
on market demand.
Tentatively, the applicant would like to welcome its first guest by
the end of next year Full build out is expected to occur within a
10 year period.
The estimated cost of the first phase of improvements (20 units,
office building, and related improvements) is pegged at =3-5
million. When completed, the entire project is expected to cost
over $8 million.
C. Community Considsntlons
The applicant is working with the community over the use of the
social hall as well as the Tiger Camp residents over the use and/or -
possible conveyance of the area immediately mauka of the Camp
to the residents.
i
IV. INSTRUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Urban. As such, no State Land
Use Commission action is required. The County of Hawaii can
process the rezoning request.
B. Countv General Plan
In the area of the proposed project, the County General Plan Land
Use Pattern Allocation Guide (LUPAG) map was amended in 1994
to Resort. The specific referonce was to the aroa covered by
parcel 13 and a portion of parcel 44, the areas presently zoned V-
43. There was no discussion of parcel 3, which is also the subject
this application.
It is reasoned that this adjoining property could be interpreted to be
within the Resorf area.
Should that interpretation be made, then, n can be concluded that
the requested V-20 zoning would be consiabent with the General
Plan.
C. Northeast Hawaii Community Dsvslooment Plan
This Plan, adopted as Ordinance No. 445 in 1979 did not include a
Zone Guide map for the Kukuihaele area. As such, this roqueat
cannot be determined for conformity with this Plan.
Notvnthstanding this absence, the County m 1994 did approve the
retreat resort project, affecting one of the subject parcels.
D. Hamakw Realonal Plan
This Plan, prepared in 1990 by members of the Hamakua Steering
Committee, was aaxpted by the Governor. Relative to the town
of Kukuihaele, the Plan reconrnsnded that a residential plantation
community t1e emphasized and the erdsting rural and design
character be preserved.
E. County Zoning -
The County Zoning of the subject area is Single-family Residential
(RS-15) for parcel 3 and Resort (V-43) for parcel 13 and a portion
S
of parcel 44. If the requested V-20 zoning is approved, the site
would be developed into a maximum 40-unit visitor accommodation
facility
In the process of developing the site, all land use and development
codes such as drainage, parking, setback, height, landscaping,
and the like would be complied with.
F. Other Permitting Considerations
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required.
However, as noted earlier, other permits would still be required.
These would be of the "ministerial' variety, such as consolidation
of the lots, Plan Approval, building permit, grading/grubbing permit,
UIC, and other construction-related permits.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Deecriatlon
The 32+ acre site fronts the old government road and the
Honokaa-Waipio Highway. The site is generally recteingular in
shape The length along the old government road is about 1,700
feet. The frontage along the Highway is approximately 700 feet.
The property to its east is a flagged-shape parcel that separates a
portion of parcel 13 from the Highway.
The site is predominantly covered with banyan and eucalyptus
trees, macadamia nut and avocado trees, and other ornamental
and tropical flowering plants. For the most part, the site is a Isrge
estate lot, being the home of the former plantation manager.
The site has three single-family dwellings. There is the former
plantation managers home, a guest house adjacent to it, and a
vacant dwelling fronting the okt government road. The vacant
dwelling was formerly oxupied by an individual who has since
moved to an elderly care home.
B. Climate. Soil and Topograahv
The subject site is located on the northeast side of the island
Lands in this vicinity are located on the "dry" side of Hamakua,
averaging 59 inches of rainfall annually This is compared to 100+
9
inches north of Waipio Valley and south of Honokaa. The wetter
months tend to occur between November through Apnl
The average daily temperature ranges from a minimum of 61
degrees to a maximum of 7g degrees Fahrenheit. Wind patterns
are generally tradeNnnds (easterly) dunng the day, and westerly or
mountain winds during the evenings
The highest part of the properly is at elevation 840 feet, adiacent to
the Highway. The land gradually slopes makai towards the old
government road at less than 15°~ slope with no significant on-site
undulations. There is a stream near the western edge of parcel 13.
The Land Studv Buresu Overall Maaber Productivity Ratinfl for the
subject area is Class 'C' (C122) or fair. This soil series is
characterized as "Kukaiau, Kaumoali and Kukuihaele" with deep
soil material. The texture is moderately fine, and the color is dark
brown. It is well~roined and poorly suited for machine tillability.
This designation suggests that the site does have potential for
agricultural productivity.
Under the Agriculture Lands of Importance to the Stabs of Hawaii
(ALISH) classfication system, the land has been identified as
Prime Agricultural and Other Important Agricultural land.
In spite of the soil's charectenstics, much of the site has been used
for residential purposes.
C. Natural Hazards
1. Dralna9e
Waikoekce stream bisects the western portion of parcel 13.
This is an intem~ittenty flowing stream. The U. S. Corps of
Eng?neers' Flood Insurance Rate Map (FIRM) designates
the area of the proposed development to be m Zone X,
(area outside of the 500-year flood plain.
Notwithstanding this designation and because of roported
flooding concerns of this area from residents, appropnate
drainage system will be designed to accommodate on-site -
generated runoff as well as to protect the site from any
potential over flow of the Waikoekoe stream
io
2. Tsunami Hazard
As the site is situated over 1 mile from the ocean and there
is a significant cliff at the waters edge, it is located outside
of the Ciwl Defense's Tsunami Evacuation Zone Thus,
there would be little or no threat from high waves.
3. Volcanic and Earthauaks Hazards
The United States Geological Survey (USGS) classifies this
area as Lava Flow Hazard Zone 8, on a scale of ascending
risk, 9 to 1. Comparatively, the City of Hilo falls in Zone 3.
The enure island of Hawan falls wnthm Earthquake Zone 4,
according to the County Building Code. As such, the
applicant understands and accepts that there will be added
structural requirements to address this seismic hazard.
D. Flora Resources
In conjunction vwth a 1994 Environmental Impact Statement (EIS)
prepared for the proposed Amanresort project, the botanical
consultant (Char and Associates) observed falbw sugar cane
fields, popolo, koali'awa, ironwood, Java plum, guava, and
Christmas berry. None of the native plants found were listed as
either threatened or endangered or even proposed for such status
Additionally, there are stands of banyan and eucalyptus trees, as
well as banana, avocado, and macadamia nut trees.
The botanist's report concluded that the there would be no adverse
faunal impacts.
E. Faunal Rsaouross
Reginald Davis also conducted a survey in 1993 of avifauna and
feral mammals of this site m conjunction with the EIS effort. He
observed the Po or Hawauan Hawk, 2 indigenous seabird (white-
tailed Tropicbirds and Great Frigatebird) and one indigenous
migratory bird (Pacific Golden Plover). Neither the Hawaiian bat
nor the Hawaiian owl were observed.
The report concluded that the larger project would have no impact
on the faunal resources in this area.
F. HistoriclArchaeolooical Resources
An archaeological inventory survey was conducted by Paul H.
Rosendahl, Ph.D ,Inc The study noted that there were two sites
on the TOK's properties. These were the a habitation terrace on
parcel 3 and the historic plantation managers house The terrace
was determined signrficant solely for mfortnation content with
further date collection recommended The manager s house was
recommended for preservation
Those recommendations well be adhered to by the applicant.
Further, during the course of developing this project, shoukf any
anticipated archaeological features or sites be uncovered, work m
the affected area will immediately cease and the applicant will
notify the Planning Department.
G. Water and Coastal Reaouross
The subject site is located over a mile from the coastline. Aa such,
coastal impaGs resulting from discharge of drainage systems from
the site should not be significant. Being anon-coastal property, no
coastal access will be affected.
As there is no public, centralized wastewater system in the area,
the applicant will utilize a septic system or an attemative
wastewater system meeting wrath the approval of the State
Department of Health
Additionally, pnor to the consVuction or use of any drywalls on the
site to address on-site drainage contains, the appropriate UIC
permd from the State well be taken. At that time, impacts to water
and coastal resources will be carefully examined
H. Noise. Air Gwlity. and Dust
The existing background ambient noise levels is associated wrath
the wind, foliage, birds, and the like. This is relatively low,
averaging less than 45 Ldn.
Manmade noise in this area, however, is influenced by the traffic
along the main Highway traveling to Waipio Valley. This propct
will introduce additional vehicular traffic to this area and will thus
add to the noise levels. However, the addition should still be less
than 45 Ldn, which is within acceptable levels within an rural
environment.
iz
There Hell also be some short-term noise impacts relating to the
construction of this project. To minimize this short-term noise
impacts, the standards and guidelines of the State Department of
Health relating to time of operation, emission controls (mufflers),
and the like will lie adhered to
The proposed development should not generate any direct air
ual' impacts As the project ibelf is not expected to have uses
that generate adverse air pollutants, the only discernible air quality
impact would be associated with vehicular traffic to and from the
site. While the added traffic will have an rmpact to the ambient air
quality, the impact should not bs significant. This is due in part le
the higher EPA standards for automobile air amiasiona and the
prevailing tradewinds.
All of the required parking area within the project site will be paved
with an all-weather, dust free surface. Landscaping will also tae
required as part of the Plan Approval requiroment. Aa such, with
the exception of construction dual in the beginning, long term dust
generated by the project should be minimal and not signiflk;ant
I. Scenic and Vbual Consldsrafions
In the Natural Beauty element of the General Plan, there are sibea
or areas listed as scenic resources. The subject site is not listed
as a scenic ske. However, Waipio Valley and Mauna Kea are
listed as scenic resources.
The proposed development woukf not have any visual impacts on
either of these resources. The site is not located wham there are
views of either Waipio Valley or Mauna Kes.
Further, the office and related buildings will lie recessed or setback
from the Highway and not exceed Thirty fors (35) feet. The hales
will be designed to blend with the existing stand of eucalyptus and
banyan trees. Thus, there should not be any visual impacts to
scenic resources in this area.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundlrra Land Uses
The village of Kukuihaele consists of about 1i0+ homes,
predominantly of the "plantation" variety. The population is about
300 One of the plantation camps referred b as "Tiger Camp" is
13
located immediately to the site's west The County's Kukuihaele
Park is located directly across of the Plantation Manager's estate
There are some commercial uses east of the site.
The subject site is thus situated in an area of transition Thus, care
must be taken to mitigate the urban type of impacts resulting from
this project. To mitigate these impacts, design and construction
factors such as the placement of buildings, parking areas, lighting,
landscaping, and the like will be taken into account. These Krill be
discussed with the community prior to and during the construction
phases of this project.
B. Economic Impacts
The requested zoning would have some measure of economic
impact, as it would provide both short-berm and long-term
employment opportunities.
Dunng the construction phase of this project, there will be
opportunities for construction-related employment. These would
also include infrastructurel (water, road, landscaping, etc.) and
building jobs The applicant estimated that the first phase of the
project should generate at least 40-50 direct employment.
With the completion of this project, there vwll be long-term
employment opportunities in the retail and service industries. The
applicant estimates that at least 15 to 20 new full and part-time
lobs will be created.
There could be some real property tax consequences for the
adjacent residential properties. As the assessed valuation of the
subject property rises due to the visitor industry use, there could be
some fallout to neighboring properties. Nonetheless, for
homeowners intent on keeping their property for residential uses,
there are tax provisions that allow homeovirnere to'freeze' the
valuation of their property for a certain period of time.
C. Agricultunellmpacts
Although the site has agricultural resource value (aa evidenced by
its Land Study Bureau's Class "C" rating), it has not been used for
intensive agricultural activities. The Plantation Managers -
residence has been used principally as an estate residence.
Nonetheless, avocado and macadamia nut frees have been
planted on the premises, and the fruits have been used more for
is
periodic supplemental income but more often for domestic
purposes. This type of use will continue, particularly m conjunction
with the dining facility on the site and as an amenity for the various
urnts
The applicant also intends to cultivate other areas of the site with
both landscape and plant products to be used at the faality. One
of the goals of the applicant - in addition to creating a tropical
environment - is to create a botanical and agricultural experience
for its guests.
Thus, while some potentially important agricultural land will be
relinquished, other areas will be more actively cultivated and the
associated educational benefits should help mitigate this loss.
VIL INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from a permitted access fronting
this site along the Honokaa-Waipio Highway (State Highway 240).
This is a 2-lane highway vwth 12-foot lanes and 6+ foot wide
shoulders. The site also abuts the mauka side of old highway.
The old highway nerves as access to a number of homes fronting
the highway and the village core.
A traffic impact study was included in the EIS for the Amanresort
project. The study noted that the level of service was "A" or "good"
along both the old and new highway in this area. As there has
been no significant development in this area that would have
resulted an increase in traffic since the study was prepared in
1992, it does not appear that the level of service has changed.
Generally, guests of the project will be ariving and leaving at
staggered periods. As such, impacts to the area's traffic system
should not be significantly impacted.
A new driveway from the new Highway will be constructed. Given
the projected volume generated by this project, it is not anticipated
that dedicated left-tum and/or deceleration lanes would be
necessary. However, should the State Highways Division
determine otherwise, the applicant will comply with the stated
requirements.
is
Access from the new Highway should also help minimize stress on
the old Highway Developments makes of the old Highway
understandably must continue to use the old Highway unless a
new access from the new Highway is constructed. To make that a
possibility, the applicant has elected to set aside the required right-
of-way on its property that would connect the new with the old
Highway.
B. Water
This area is serviced by the County Department of Water Supply's
(DWS) Kukuihaele system. Water for this system comes low
elevation spring located in the Kapulena along an 8-inch line
fronting the old Highway. As the site fronts the old Highway, the
applicant intends to tap off of this line.
Without other improvements, however, potable water for the entire
project may not be readily available Presently, the DWS's
allocation policy in this area is one unit of water per parcel of
record. In this situation, the applipnt has 5 lots of record (3
parcels -one of which has 2 lots - and a Land Court award lot )
When a hale is occupied, the projected water demand of a hab or
unit is 300 gallons per day (gpd). The DWS uses a 600 gpd per
unit criteria Under that basis, it would be possible to have a
minimum of 10 hales provided by the 5 unit of water allocation
To supplement this water, the applicant intends to construct an on-
site water storage system that would be filled during non-peak
hours. This system would then supplement the allocated amount
and provide water to at least the first phase (i.e., 20 units) of this
project.
Given the area's rainfall, supplemental irrigation weber is normally
not necessary. However, the applicant is considering the
construction of on-site irrigation wells to not only provide imgation
water but to reduce potable water consumption on the site. The
applicant is considering actual-line system whero the non-potable
needs of a hale (such as the toilets) would be serviced by the
imgation water
The details of this system still need to be worked with the DWS; _
and they will be done prior to issuance of the required building
penrit for this project
16
C. Wastewater
There is no County wastewater system serving this site. As such,
the applicant intends to construct its own system to service the
project Septic tanks appear to be the alternative at this stage of
the planning process
The septic tank and other optrons will be more carefully examined
during the subsequent permitting phases of this project. In either
case, any wastewater system must meet with the approval of the
State Department of Health before a building permit can be issued
D. Solid Waste
Solid waste will be handled by commercial haulers who will dispose
of the refuse at the county landfill in Hilo or at Puuanahulu, North
Kona. Typically, a project of this nature should generate Issa than
a truck load a day. Ways to reduce waste will be explored with the
County under its Integrated Solid Waste Management Plan.
Like other rezoning applications, it is anticipated that a Solid
Waste Management Plan will be required. This Plan will help
address project ways to accommodate and reduce the project's
waste.
E. Other Government Services
Aa this area is already part of an existing community, it is already
being serviced. No extension of government services would be
regwred, and existing facilities should be sufiraent to
accommodate the limited demand expected from this project
There is a County park fronting the site. The town of Honokaa,
located approximately 7 miles to the east, provides the region's
basic protective service functions. The police and fire stations
located there, as well as the Honokaa Hospital. The public schools
(K-12) are located in Honokaa.
F. Other Utilities
All other utilities such as telephone and electrical services, are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Bstween Local Short-Term Uses of Environment
and Mainbnanee and Enhancement of Lorca-Tenn Productivity
The short term use of the site would probably be an undeveloped
tract of land which is used interrnittentty for grazing as well as a
large residential estate. As such, development of this project will
alter the open space character of the site as well as eliminate the
intermittent grazing activity
However, based on the findings of this report, this project should
not result in any significantly adverse short or long term impacts
that cannot be properly mitigated. There will be direct and indirect
economic benefits resulting from the construction and
implementation of this project. Relatedly, the project will generate
increased tax revenues that can supplement the State and
County's fiscal resources.
Because of its location, this project will provide goods and services
to visitors wrthout impacting a critical visual resource - Waipio
Valley. Further, the requirod infrastructure vnll be implemented by
the applicant to mitigate potential impacts of this project.
B. Irreversible and Irretrievable Commitrnsnt of Resources
The subject site is already disturbed. As such, the commitment of
natural or other resources (such as archaeological) would not
appear to be an issue. An archaeological survey noted two
important features on the site. The Plantation Managers residence
will be preserved; and the other - a platform -was deemed
important only for its infom~ational content. Appropriate mitigation
will occur prior to any land disturbance activity in the aroa of the
platform. Further, any unanticipated finds will be properly
mitigated upon consultation with appropriate government agencies.
C. Mltlsrati've Measures
The applicant intends to provide the required off and on-sibs
infrastructure in conjunction wffh the development of this project.
These include drainage, sewer, and roadway improvements.
Appropriate driveway improvements fronting the new Highway will
be constructed by the applicant to facilitate ingress and egress
from the site This will be coordinated with and done in
is
accordance with the requirements of the State Department of
Transportation
Drainage system to address the on-site generated waters Mrill be
designed and implemented by the applicant. The system will also
be designed to accommodate potential runoff from the Waikoekoe
stream that bisects the western portion of one of the parcels.
This will be done in conjunction with the permitting and permit
implementation phases of this project.
A wastewater system meeting with the approval of the State and
County will be designed and implemented by the applicant
Although the potential for finding archaeological features on the
site is remote, work will immediately cease during construction if
any inadvertent discovenes aro made and the Planning
Department will be notified.
Additional landscaping will also be incorporated within the project
site, as well as along the main Higfirvay. The landscaping would
be consistent with the Planning Department's landscaping rules.
D. Alternatives to tM Proposed Project
1. No Protect
Under the status quo alternative, the site would romain in its
prosent condition. A portion of the land would continue to
be used intermittently for grazing while the other would be
used as a large residential estate.
Under this scenario, the site would not be utilized to its
fullest potential, given the mixturo of land uses in this area.
2. Devsloament Based on Existing RS-15 and V~3 Zoninp
Under this alternative, one parcel could be subdivided into
20-24 15,1100 square foot lots. However, the demand for
new residences in this area is questionable and continued
residential development would not help to diversify this
area's land use and econortry.
The development of the V~3 section could result in 12 or so
hales. However, while that may have been suitable and
have the right economy of scale with the planned
19
Amanrssort, it is less so now. The original concept of the
Amanresort has since been abandoned, making the viability
of the V~3 zoning somewhat questionable
Thus, under the present zomng altemative, there may be
less of an economic incentive to develop the site. And this
would result in not achieving some of the economic
objectives sought by the present zoning.
3. Altemative Residential Densities
The site could tie developed into a higher residential
density, such as multiple-family, that would also be
consistent with the General Plan.
Again, the issue of residential demand and the value of
having diversified land uses and a mix of economy
described above may serve to make this altemative less
attractive or viable.
4. Evaluation of Alternatives
Leaving the property in its current state would not maximize
the use of the land. There would also be diminished tax
revenues, less services to the public, and less employment
opportunities for area residents.
While alternative residential densities aro possible, there is
the issue of demand in a community that does not have a
strong economic base.
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures such as landscaping, traffic
improvements, setbacks, and so forth will be taken to
address any possible impacts associated by the
development of this project.
In that regard, the project in totality would tie consistent with
the land use objectives sought to be accomplished by the
County General Plan LUPAG map.
In view of the aforementioned, it would appear that none of
the alternatives would be more prudent and benefiaal than
the requested V-25 zoning alternative.
zo
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Mao
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth rn the County.
The LUPAG map designates the site Resort, a designation that
allows the requested V-25 zoning. Accordingly, this request would
not be inconsistent with the LUPAG map
B. General Plan Policies
The requested zoning would be consistent with the goals, policies,
and standards of the Economic and Land Use Ebments of the
General Plan. Specifically, the more pertinent ones follow:
1. Economk Elsmsnt
Goals
• Provide residents with opportunities to improve their
quality of life.
• Economic development and improvement shall be in
balance wrth the physical and social environments of the
island of Hawaii
• The County of Hawan shall strive for diversity and
stability m its economic system.
• The County shall provide an economic environment
which allows new, e~anded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
Pol~cles
• The County shall provide an economic environment
which allows new, expanded, or improved economic _
opportunities that are compatible with the County's
natural and soaal environment.
zr
The County shall stave for an economic climate which
provides its residents an opportunity for choice of
occupation.
The County shall strive for diversification of its economy
by strengthening existing industries and attracting new
endeavors
The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
Discussion
The request would provide a variety of employment
opportunities ranging from managerial to maintenance. It
provides a choice for those who seek non-agricukural
employment or choose to work closer to their residence.
It also help to diversify the area's economy. Although
agricultural well still dominate, small-scale visitor
accommodation should provide the needed diversification.
At the same time, it can indirectly support the agricultural
industry by utilizing products grown in the area and/or
educating one of the value of agriculture.
The protect will be designed in a manner that does not
casually disrupt the area's agrarian landscape. It will be low-
rise with extensive landscaping.
The protect wall be situated in an area where them is
adequate or planned improvements. There is a good
transportation network serving the area. Then, too, all of the
required infrastructure unit be provided by the applicant
without taxing government's servicing ability.
Further, the area is located proximate to the Kukuihaele's
commercial area Thus, the facility could help area
merchants
The General Plan unequivocally supports limited visitor
facilities in the Hamakua District. This project would be -
consistent with the objective.
i2
2. Land Use Element IAoriculture and Resort)
Goals and Policies (Aar(cultu~e)
• Identity, protect and maintain important agriculture lands
on the island of Hawau
The compa6bdity of agricultural and non-agricultural
uses should be carefully reviewed and where
appropriate, buffers required
Goals and Policies (Resort)
• Maintain an orderly development of the visitor industry
Provide for resort development that maximizes
convernences to its users and optimizes the benefits
derived by the residents of the County
Ensure that resort developments maintain the social,
econorruc, and physical environments of Hawaii and its
people
Incorporate the incept of a "floating zone" for future
industrial and retreat resort areas, to allow flexibility in
locating future needed developments which cannot be
pinpointed at this time, especially in the more rural
and/or remove areas
The County shall encourage the development and
maintenance of communities meeting the needs of its
residents in balance with the physical and social
environment
The County shall encourage the vistor industry to
provide resort facditiea which offer an educational
experience of Hawaii as well as recreational activities
Standards (Resort)
Retreat Resort Area: A retreat area is generally an area _
which provides the user with rest, quiet, and isolation for an
environmental experience. It shall have sewer, weber,
roads, employee housing, and recreational facilities, etc.
23
• Maximum hotel and condominium-hotel units up
to 100 rooms
• Resort acreage: 15 acres minimum
• Provide passive and active recreation area
commensurate with the scale of development
• The required employee housing ratio and method
of provision shall be determined by an analysis of
housing needs of each district or relative area and
with the adoption of the resort zoning; provided
that the ratio shall not exceed one employee unit
for every two hotel units built.
Discussion
The project is consistent with the General Plan's rotroat
resort designation. It is also consistent with the rotreat
resort standard relative to number of rooms, amenities, and
size The character and design would also be consistent
with the area's rural ambiance.
The subject site, in addition to attempting to meet this need,
also fulfills other policies and standards articulated in the
General Plan. The site is already serviced by adequate
infrastructure, and where there are not, will be extended
andlor provided by the applicant. The County water line is
already available to the subject site A private sewer system
will be constructed
Police and fire protective services are available within seven
miles of the site As such, this development should not
require addition public services to be provided.
The site does not have any on-site developmental
constraints. There are no significant topographic change
that would render development of the site unsafe.
Appropriate drainage system will be built to address the on-
site generated water as well as the potential of damage from
the Waikoekoe stream
Further, given the non-noxious type of uses anticipated to
be situated here, pollution contains would be minimal, if at
all.
Being previously used for sugarcane and of late, grazing
and a residential estate, the prospects of the site serving as
za
a habitat for rare or endangered plant or animal life appear
remote The few archaeological features on the site call be
properly mitigated.
The use is somewhat compatible with the surrounding area,
There are commercial uses makai of the site Although
there are residential uses to its west, the development will
be very low density. Its density will be less than 1 unit per
25,000 square feet of land, which is somewhat consistent
with the low density character of this area and even less
dense than the existing camps
Finally, the standards for a retreat resort outlined in the
General Plan and the Zoning Code Nnll be fulfilled. These
include the acreage, setbacks, uses, parking, and the like.
Additional landscaping will be provided v~nthin the project
and along the Highway and adjacent residential areas.
C. Northeast Hawaii Community Development Plan
As noted earlier, the NE Hawaii CDP which was adopted in 1979
by the County Council does not prowde a land use gwde map. In
the document, there is acknowledgment of the need for retreat
resort that befits the community
Since adoption of the CDP, there have been significant
developments in this area that may make this plan obsolete. The
General Plan has been updated and the major economic mainstay
-sugar -has since evaporated There are also other agncultural
ventures such as tree farms and small-scale truck crops.
All of these factors and more combine to make the funcbon of the
CDP as a land use guide somewhat obsolete and inappropriate
D. Hamakua Res~ional Plan
This was designed to help find ways to keep the Hamakua Sugar
Company financially solvent by providing some land use direction
for its lands. In so doing, by selling a portion of its assets (i.e ,
land), new buyers would have certain land use expectations.
The plan did acknowledge a retreat resort concept in the Waipio
Mauka area and an mterrnediate resort in the Waipio Makai area.
The subject site is located in the Waipio Makai area. As such, it
zs
would be generally consistent (although less intensive) with the
"intermediate" resort concept
E. Zonins>I
If the request is approved, the site would be developed into a small
retreat resort complex All of the requirements relative to height,
setback, landscaping, and parking, and the like would be complied
with No variances from the Code are anticipated.
26
• COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 239
(Draft 4)
ORDINANCE NO. 9~ 63
AN ORDINANCE AMENDING SECTION 25-96 (HAMARUA DISTRICT ZONE MAP)
AND SECTION 25-98 (HAIRA-HONORAA-RURUIHAELE ZONE FfAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
BY CHANGING THE DISTRICT CLASSIFICATIOP FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO RESORT-HOTEL (V-43) AND FROM
AGRICULTURAL (A-40a) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND
(RS-15), RESORT-HOTEL (V-18) AND (V-43) AND AGRICULTURAL (A-la)
AT WAIROEROE AND RAI9AHOli[JA, HAM#RUA, HAWAII, COVERED BY TAX MAP
REY 4-B-06:13, 43 AND PORTIONS OF 9, 11 AND 44.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-96, Article 3, Chapter 25 (toning
Code) of the Hawaii County Code, is emended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Ranahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-18):
LOT 1:
Beginning at the Southeasterly corner of this pnrcel of
land along the Westerly side of L.C. Award 8559-B, Apana 2
to William C. Luaalilo, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station 'PW MAW NORTH' being 8,523.84 feet North and
1,490.08 feet Sast, thence running by azimuths measured
clockwise from True South:
1. 90' 30' 00' 1,167.96 feet along the remainder
of L.C. Award 11216,
Apana 50 to Rekauonohi to
the top of the pali;
APPENDIX A
2. 264° 40' 00" 158.54 feet along the same to the
Westerly side of L.C.
Award 8559-B, Apana 2 to
William C. Lunalilo;
3. 0° 30' 00" 131.70 feet along the Westerly
- side of_L.C._1,ward 8559-B,
Apane 2 to William C.
Lunalilo;
4. 13• 00' 00• 530.00 feet along the same;
5. 17° 30' 00' 101.28 feet along the same;
6. 94° 43' 30' 875.84 feet along the remainder
of L.C. Award 11216,
Apana 50;
7. 191• 23' 00' 503.63 feet along the same to the
Southeasterly corner of
Lot B;
8. 191• 38' 00' 166.66 feet along the Easterly
side of Lot H to the point
of beginning and
containing an area of
14.427 acres. (Refer to
Lot 3 as shown on
Ezhibit 'A".)
All as shown on the map attached hereto, marked
Ezhibit "A' and by reference made a part hereof.
SECTION 3. These changes in district classification are
conditioned upon tha following:
(A) The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of approval;
(H) No more than thirty-eight (38) one-acre lots shall be
developed on the A-la zoned area and no more than
twenty-one (21) units shall be developed on the V-43 zoned
area; -
(C) To ensure that the rural lifeatye of the Rukuihaele
community is maintained, restrictive covenants in the deeds -
of all the proposed agricultural lots within the project
-16-
area shall inform owners that possible odor, noise, and
other impacts may result from ezistinq activities on
surrounding or nearby lands;
(D) On-site water system improvements, meeting with the
requirements of the Department of Water Supply shall be
installed prior to final subdivision approval. Off-site
water improvements shall be completed within eighteen (18)
months of the effective date of this ordinance. An
agreement shall be entered into between the applicant and
the County, through its Departments of Water Supply and
Planning within three months from the effective date of
this ordinance;
(E) The agricultural and residential-resort lots subdivision,
the consolidation and resubdivision of tha adjoining
residential lots, tha resort and improvements to the
Plantation Inn located within the V-93 zoned area, shall be
constructed within five years from the effective date of
this change of zone ordinance;
(F) The Amanhideaway located within the V-18 zoned area, shall
be constructed in such a way that it is not visible from
the Waipio valley Beach and from the ezistinq Waipio Valley
Lookout Parking Lot. Landscaping shall be provided for the
Amanhideaway, the Plantation Inn and the residential resort
units to mazimise visual intrusion from any public road and
from adjacent properties;
(G) Safety improvements (i.e., signage, softening of the -
curves, and pedestrian paths) to the ezistinq Rukuihaele
Road (Old Highway 240) through the village shall be
constructed. Plans for the improvements shall be submitted
for the approval of the Department of Public works.
Construction of the improvements shall be completed prior
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to issuance of any certificate of occupancy or final
subdivision appsoval whichever comes first;
(H) Plans for the renovation of the plantation manager's house
shall be submitted to the Department of Land and Natural
Resources, Historic Preservation Division, for review and
approval in accordance with Section 6E-10, Hawaii Revised
Statutes, prior to commencement of any construction,
alteration or other improvement to the plantation manager's
house;
(I) A detailed historic sites mitigation plan for the treatment
of all significant historic sites in the project area,
ezcept for the plantation manager's house shall be
submitted to the State Historic Preservation Division for
review and approval. The plan shall consist of two sub
plans:
(1) an archaeological data recovery plan (scope of work)
for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim
preservation measures, and long range preservation
concerns.
Verification of the approval of the plan by the State
Historic Preservation Division shall be submitted with the
plans for subdivision or grading permit. No land
alteration may occur within any area identified as
containing an archaeological site until the terms and
conditions of the preservation plan have been met;
-IB-
(J) Should any unidentified sites or remains such as artifacts,
shall, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings 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 that sufficient mitigative
measures have been taken;
(R) To ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant,
successors, or assigns shall:
(1) work with the Office of Housing and Community
Development to formulate a housing plan for the
development, which shall be consistent with the
interim affordable housing policy of the County as
contained in the Hawaii County Housing Agency
Resolution No. 65 or subsequently adopted policies.
if the Office of Housing and Community Development
determines that affordable housing units are required
for the development, any housing plan developed
pursuant to this condition shall be approved by the
County Housing Agency prior to the issuance of Pinal
Subdivision or Plan Approval of any portion of the
subject properties.
(2) The applicant, successors or assigns shall construct
ten (10) units of employee housing within the project
area as part of the housing plan for the development.
i
The employee housing shall be constructed within five
years from the effective date of this change of zone
ordinance;
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(L) Restrictive covenants in the deeds of all the proposed
agricultural lots shall prohibit the construction of an
ohana dwelling or a second dwelling unit on each lot. A
copy of the proposed covenant(s) to be recorded with the
Bureau of Conveyances shall be submitted to the Planning
Department for review and approval prior to final
subdivision approval. A copy of the approved covenant
shall be recited in an instrument ezecuted by the applicant
and the county and recorded with the Bureau of Conveyances
likewise prior to final subdivision approval;
(M) It shall be demonstrated to the satisfaction of the
Planning Director that agricultural use on the agricultural
zoned lots pursuant to the requirements of Chapter 205,
Hawaii Revised Statutes relating to agricultural lands has
been met and the deeds of each agricultural zoned lot
stating such requirements shall be duly recorded with the
State Bureau of Conveyances and a copy of the recorded
deeds shall be filed with the Planning Department within
one year from the date of Final Subdivision Approval.
Documentation or demonstration of compliance shall be
submitted to the Planning Department concurrently with the
plans for a building permit for each lot;
(N) A comprehensive drainage study shall be conducted to
determine the type of drainage improvements that would 6e
required given the topography of the area, the ezisting
drainage system, and the amount of water generated by all
portions of the proposed development. The study shall be
reviewed and approved by the Department of Public works.
Drainage improvements shall be constructed meeting with the
requirements of the Department of Public Works prior to the
issuance of final subdivision approval of the subject _
properties;
-20-
(0) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to final subdivision approval. The Plan shall include, but
not be limited ta, the management of construction solid
waste as well as operating and domestic solid waste
generated by the subject properties, and provisions for the
construction of a proposed solid waste transfer station to
be approved by the Department of Public Works. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the
approval of the Department of Public Works. In lieu of
providing a solid waste transfer station, the applicant may
contribute a monetary fee for its proportionate share of
its solid waste assessment;
(P) to ensure that the Goais and Policies of the Recreation
Element of the General Plan are implemented, the applicant
shall:
(1) provide in perpetuity for approzimately 11.5 acres of
land, TMR: 4-8-06:3 and Portion 44, which includes the
social hall site, the field adjacent to it and lands
eztending behind Tiger Camp which shall be dedicated
to the County of Hawaii upon its request. Until such
time that the land is dedicated to and accepted by the
County, there shall be adequate assurance, as
determined by the Planning Director and the
Corporation Counsel, by a recorded covenant running
with the land, to obligate the applicant to maintain
and accept all liability for the said lands in
perpetuity;
(Z) construct improvements having the cash value of one
hundred seventy-five thousand dollars (5175,000) and
an additional cash value of two hundred thousand
-21-
dollars ($200,000) in lieu of affordable housing funds
as determined by the County Housing Agency prior to
Final Subdivision Approval, to be used for the social
hall facilities and park improvements in the
Kukuihaele area. Detailed recreation plans for the
improvements shall be developed in consultation with
the Department of Parks and Recreation and the
Kukuihaele community. The plan and an implementation
schedule for construction of the improvements shall be
submitted and approved by the Planning Department in
consultation with the Department of Parks and
Recreation prior to Final Subdivision Approval or
Final Plan Approval for any portion of the subject
properties;
(3) improve and maintain the ezisting county park on the
makai side of Kukuihaele Village prior to Final
Subdivision Approval or Final Plan Approval, whichever
occurs first. Improvements to the 3.97 acre county
park, T1~C: 4-8-06:10, may include fencing, lighting,
resurfacing of the ezisting basketball court, and
providing additional playground equipment. Detailed
recreation plans far the improvements and park
maintenance program shall be developed in consultation
with the Department of Parks and Recreation and with
the xukuihaele community. The plan, an implementation
schedule for construction of the improvements, and the
maintenance program shall be submitted and approved by
the Planning Department in Consultation with the
Department of Parks and Recreation prior to Final
Subdivision Approval;
(Q) A job training program for the operating phase of the hotel
shall be developed and submitted to the Planning Department
for review and approval within three (3) months of the
_22_
effective date of this change of zone ordinance.
Preference shall be given to the displaced workers from
Hamakua Sugar and the Kukuihaele area in the job training
program and employment opportunities;
(R) Prior to the issuance of the certificate of occupancy for
any portion of the subject properties, the applicant shall:
(1) construct a new primary access to the project site
(Plantation Ian, Residential-reaort, Amanhideaway, and
the agricultural lot subdivision), from the State
Highway on the west side of Waikoekoe stream to
Kukuihaele Town Road meeting with the approval of the
Department of Public Works.
(2) construct improvements to the intersection of the
State Highway and the new primary access, meeting with
the approval of the Department of Transportation and
construct improvements to the intersection of the
Kukuihaele Town Road and the new primary access,
meeting with the approval of the Department of Public
Works.
(3) improve portions of the Kukuihaele Town Road (old
Waipio-Honokaa Road) fronting the subject properties
and leading to the proposed development meeting with
the minimum atandards and approval with the Department
of Public Works for two-way movement of traffic;
(4) improve portions of the Mud Lane Road between the
State Highway and the Kukuihaele Town Road, meeting
with the approval of the Department of Public Works;
and
-23-
(5) Pave the access of the Catholic Church cemetery from
the Kukuihaele Town Road to its ezisting right-of-way
width.
An internal traffic circulation plan shall be submitted for
review and approval by the Planning Director in
consultation with the Department of Public Works prior to
submitting plans Eor plan approval, subdivisions, or
grading. Such circulation plan shall include provisions
for access to the landlocked 2.1193 acre parcel (parcel 55)
abutting the project site and public access along the
portion of the Kukuihaele Landing access road within the
project site;
(S) Wastewater disposal facilities shall meet with the approval
of the State Department of Health;
(T) As represented by the applicant, a total of 4.1 acres of
land, with the consent of lot owners at Tiger Camp, lot
owners adjacent to the plantation manager's house, and lot
owners near the former grade school playground shall be
deeded to the respective lot owners within eightteen (18)
months from the effective date of this ordinance;
(U) As represented by the applicant, a total of approzimately
1.15 acres of land shall be dedicated to the Hawaii County
cemeteries and the Catholic Church cemeteries delineated as
fifty (50) feet wide strips of land on two sides of each of
these cemeteries prior to final subdivision approval or
final plan approval, whichever occurs first; and
(V) As represented by the applicant, a lifetime residence shall
be granted to Mr. Lino Reynon who resides on the property _
described as TMK: 9-8-06:44. Documentation shall be
submitted to the Planning Director prior to final
-24-
subdivision approval or final plan approval, whichever
occurs first;
(w) The Applicant shall pay its Eair share contribution to
address potential regional impacts of the project with
respect to park, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution
shall be initially based on the representations contained
within the change of zone application and may be increased
or reduced proportionally if the residential-agricultural
lot counts are adjusted. In lieu of paying the fair share
contribution, the applicant may construct such facilities
related to park, fire, police, solid waste disposal
facilities, sewers and roads with the approval of the
appropriate agency(ies);
(X) The applicant shall conform to the best eztent practicable
with the guidelines as provided within the Strategies for
Energy Efficient Architecture by Hawaiian Design and the
State Model Energy Code, in the construction of dwellings
within the project site;
(Y) Comply with all applicable laws, rules, regulations and
requirements, including those of the Department of Health,
Fire, and the Department of Weter Supply;
(Z) 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
shall be credited towards the requirements of the Unified .
impact Fees Ordinance;
(AA) An annual progress report shall be submitted to the -
Planning Department prior to the anniversary date of the
approval of this change of zone. The report shall address
-25-
in detail the status of the development of each area
(including number of lots created, number of units
constructed) 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 Department acknowledges that further reports
are not required;
(HB) An eztension of time for the performance of conditions set
forth in this ordinance map be granted by the Planning
Director upon the following circumstances:
i) the non-performance is the result of conditions that
could not have been foreseen or are beyond the control
of the applicant, successors or assigns, and that are
not the result of their fault or negligence;
2) granting of the time eztension would not be contrary
to the general plan or zoning code;
3) granting of the time eztension would not be contrary
to the original reasons for the granting of the change
of zone;
4) the time eztension granted shall be for a period not
to ezceed the period originally granted for
performance (i.e., a condition to be performed within
one year may be eztended for up to one additional
year); and
5) if the applicant should require an additional
eztension of time, the Planning Director shall submit
the applicant's request to the County Council for _
appropriate action.
-26-
Further, should any of the conditions of the respective
development areas not be met or substantially complied with
in a timely fashion, the Director shall initiate rezoning
of the applicable area to its original or more appropriate
designation.
SECTION 4. in the event that any portion of this ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMHE COUNTY, F HAWAII
Hilo, Hawaii
Date of introduction: May 18, 1994
Date of 1st Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
-`~=`f~ -C~ORPORATI C/OUN
DATED: yf G ~O~I
_27_