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HomeMy WebLinkAboutCOM 0493.084 2000-2002GOODSILL ANDERSON QUINN & STIFEL A LIMITED LIABILITY LACY' PARTNERSHIP LLP LEIGHTO `1]. YUEN ALII PLACE, SUITE 1800 • 1099 ALAKEA STREET HONOLULU, HAWAII 96813 MAIL ADDRESS: P.O. Box 3196 HONOLULU, HAWAII 96801 TELEPHONE (808) 547.5600 - FAx (808) 547-5880 info@goodsill.com - www.goodsill.com r June 27, 2002 Hawaii County Council Honorable James Y. Arakaki Chairman & Residing Officer 25 Aupuni Street Hilo, Hawaii 96720 Hawaii County Council Honorable Bobby Jean Leithead-Todd, Chair Committee on Planning 25 Aupuni Street Hilo, Hawaii 96720 Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Re: County of Hawaii General Plan Amendment Bill 163 Dear Chairman Arakaki, Chair Leithead-Todd, and Mr. Yuen: DIRECT DIAL: (808) 547-5605 INTERNET: lyuen@goodsill.com We are the attorneys for Waikoloa Land Company, Inc. and its various affiliates and subsidiaries, including Transcontinental Development (Hawaii) Co., Waikoloa Development Co. and Waikoloa Land & Cattle Co. We understand that the Hawaii County Council is considering the Hawaii County Planning Director's and the Hawaii County Planning Commission's recommendations for amendments to the Hawaii County General Plan, based on the 10 year comprehensive review of the plan initiated by the Planning Director. We understand that in connection with this review, the County Council will review the Planning Director and Planning Commission's recommendations for the General Plan designation for TMK: (3) 7-1-003:010. Gencral:433189.3 06/27/02 1:17 PM clYTiFY3. No. .� File No. Ref. To. GOODSILL ANDERSON QLT, IN & STEEL A LIMITED LIABILITY LAW PARTNERSHIP LLP Planning Department Hawaii County Council June 27, 2002 Page Two Waikoloa Land and Cattle Co. ("WLCC") is the owner of TMK: (3) 7-1-003:10. This property is a 26 acre vacant piece of land immediately abutting the existing 1350 -acre Waikoloa Beach Resort. This property currently bears a Hawaii County General Plan designation of Conservation, and is zoned "Open" by the County of Hawaii. It falls within the State Land Use Conservation District, Resource Subzone. The adjoining Waikoloa Beach Resort has a General Plan designation of Resort. For your convenience, we enclose copies of maps showing the location of this property in relation to the Waikoloa Beach Resort. As part of the comprehensive General Plan review and planning process initiated by the Planning Director, WLCC submitted requests to the Planning Department and the Planning Commission that this property be included as part of the Waikoloa Beach Resort and that the General Plan designation for this particular property be changed to Resort. Copies of the materials submitted in connection with this request are included herewith. During its hearing process the Planning Commission recommended that WLCC's request be approved. However, the Planning Director's proposal dated November 30, 2001, did not incorporate this request. The Hawaii County General Plan is a long range comprehensive development for the Island of Hawaii. The revisions proposed by the Planning Commission and the Planning Director to the Hawaii County General Plan include a recommendation that the Waikoloa Beach Resort, along with the adjoining Mauna Lani Resort, would be assigned a new "Resort Node" designation. This new "Resort Node" designation is intended to "include a mixture of uses such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other supporting services." The Resort Node designation includes major and intermediate resorts. This proposed designation appropriately identifies Waikoloa Beach Resort as a self-contained resort destination that provides basic and support facilities for the needs of the entire development. We are requesting that as part of the comprehensive revision to the Hawaii County General Plan, TMK (3) 7-1-003:10 be included as part of the larger and adjacent Resort Node designation assigned to the existing Waikoloa Beach and Mauna Lani GOODsin ANDERSON QUP\1N & SITFEL A LIMITED LIABILITY LAW PARTNERSHIP LLP Planning Department Hawaii County Council June 27, 2002 Page Three Resorts. Utilities and access to this property are available from and will be provided through existing roadways and facilities within the Waikoloa Beach Resort, and WLCC envisions that this parcel will effectively function as part of and be a major component of the existing Waikoloa Beach Resort. In 1976, when the Waikoloa Beach Master Plan was developed none of the Waikoloa entities owned TMK (3) 7-1-003:10. The parcel was acquired in 1989 with the intent that it would be annexed into the Waikoloa Beach Resort. To exclude this parcel from the General Plan designation assigned to the Waikoloa Beach Resort would not be consistent with the function, location, spatial relationship and topography of this property, or with the manner in which access and utility services will be provided to this property. In his letter to the Planning Commission, the Planning Director suggests that the reason for not approving the requested change is that an environmental assessment is required. We disagree. An environmental assessment is not required for amendments to the General Plan that are made as part of the comprehensive plan review initiated by the County. We look forward to your response. In the meantime, should you have any questions regarding this matter, please contact either myself or Eleanor Mirikitani at (808) 886-1000. Very truly yours, GOODSILL ANDERSON QUINN & STIEEL Leighton J. t LJY:Iay Enc. cc (w/o Enc.): Thos Rohr Eleanor Mirikitani May 31, 2001 - Ms. ,Geraldine M. Giffin C6rperson Planning Commission 25 Aupuni Street Hilo, Hawaii 96720 Re: General Plan Revision Program TMK: (3) 7-1-003:10 at Puuanahulu Homesteads, Kapalaoa Section, District of North Kona, Hawaii Dear Chairman Giffen: Waikoloa Land and Cattle Company is the owner of TMK: (3) 7-1-003:10, a 26.190 acre parcel, hereinafter referred to as the "WLCC". The property is currently vacant of any structures. It is located within the General Plan designation of Conservation, State Land Use Conservation District, Resource Subzone and is zoned Open by the County of Hawaii. The parcel is located between the Resort designation of Waikoloa Beach Resort and the Medium Density designation of Kapalaoa. Since 1992, our discussions with the Planning Department have been to include this parcel as part of the Waikoloa Beach Resort designation thereby avoiding the need for a General Plan amendment. The staff as well as the previous Planning Director were very receptive of our needs, however, as the years past, these discussions were never solidified. We are now at a critical juncture of the Waikoloa Beach Master Plan to develop this parcel. It is our intention to develop the property as a major component of the Waikoloa Beach Resort. The parcel is adjacent to an existing urban use (Waikoloa Beach Resort) and the designated Resort node of Waikoloa and Mauna Lani. Utilities and access are available from Waikoloa Beach Resort. The present designation of Conservation by the General Plan Land Use element is not consistent with the location, spatial relationship and topography of land uses. The draft of the Hawaii County General Plan proposes several revisions to the Resort land use designation. A new designation, Resort Node will "include a mixture of uses 150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896 0 Ms. Geraldine M. Giffen Chairperson Planning Commission May 31, 2001 Page 2 such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other supporting services." The Resort Node includes major and intermediate resorts. The General Plan Land Use Pattern Allocation Guide Map proposes revision changes to Waikoloa Beach Resort from Resort, Medium Density, Urban Expansion and Open to Resort Node. This designation appropriately identifies Waikoloa Beach Resort as a self- contained resort destination that provides basic and support facilities for the needs of the entire development. We are requesting that during the Hawaii County General Plan Revision process, this property be included in the amendment to the Land Use designation of Resort and General Plan Land Use Pattern Allocation Guide Map as Resort Node. We would be happy to answer any other questions regarding this proposal. Sin erely, os Rohr President Attachments WAIKOLOA LAND AND CATTLE CO. PROPOSED GENERAL PLAN AMENDMENT GENERAL PLAN REVISION PROGRAM BACKGROUND WAIKOLOA LAND AND CATTLE CO., has submitted a request for a General Plan Amendment by changing the designation from Conservation to Resort Node, by letter dated May 31, 2001 to the Planning Commission. WLCC also is requesting amend the Land Use Element of the General Plan document by including the subject property within the list of Resort areas of Anaehoomalu-Kapalaoa Section of North Kona and South Kohala district. The property consists of approximately 26.190 acres. It is located to the south of the Waikoloa Beach Resort and abuts the South Kohala-North Kona District boundary at Puuanahulu Homesteads (Kapalaoa Section), North Kona, Hawaii, TMK: 7-1-003:10. GENERAL INFORMATION 1. Owner: Waikoloa Land and Cattle Co. (")VLCC") is the fee owner of the property. PROPOSED DEVELOPMENT 2. Request: WLCC's plan is to annex the property into the Waikoloa Beach Resort and WLCC respectfully requests a general plan amendment through this comprehensive review of the Hawaii County General Plan. 3. Objectives: WLCC's object is to enhance the Waikoloa Beach Resort Master Plan with this property and expand the economic development and employment opportunities of this master planned destination resort. 4. Letter to the Planning Director: See Exhibit "A". 5. Planning Director's letter to WLCC: See Exhibit "B". 6. Design: It is the intent of WLCC that this project be annexed to the Waikoloa Beach Resort. The uses are intended to be complementary of the Waikoloa Beach Resort facilities. All structures will be essentially low-rise (no more than 2 stories) and will emphasize the use of indigenous materials, subtle colors and minimal site grading to blend with the existing contours and natural beauty of the area. In order to maintain open space, WLCC proposes to landscape the mauka boundary of the project site to buffer views from the highway and scenic vantagepoints. In addition, construction will not occur within the 40 -foot shoreline setback area. 7. Access: Access to the site will be from a private, 50 -foot wide paved road that branches off from Waikoloa Beach Drive. This road also serves as access to Anaeho'omalu Bay and the public parking area. Waikoloa Beach Drive, which has a right-of-way of 60 feet, provides access to the Waikoloa Beach Resort and intersects with the Queen Kaahumanu Highway. Access within the project will have a roadways developed to resort standards. STATE AND COUN'T'Y PLANS 8. State Land Use Classification: At the present time the property is within the State Land Use Conservation District. A State Land Use District Boundary Amendment from Conservation to Urban, will be filed with the Land Use Commission. RELATIONSHIP TO GENERAL PLAN OBJECTIVES 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the area as Conservation. This request for a General Plan amendment would designate this 26.190 -acre project area as Resort Node, to complement the adjacent properties of Waikoloa Beach Resort. 10. General Plan: The proposed amendment to the General Plan will conform to the following goals, polices and standards of the following elements: Recreation • Provide a wide variety of recreational opportunities for the residents and visitors of the County. • Maintain the natural beauty of recreation areas. • Provide a diversity of environments for active and passive pursuits. 2 Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational values. This system of trails shall provide, at a minimum, an islandwide route connecting major parks and destinations. Economic • Provide residents with opportunities to improve their quality of life through economic developments which shall be compatible with the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. Policies • Encourage the development of visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. • Require a study of the significant cultural, social and physical impacts of large developments prior to approval. • Identify the needs of the business community and take actions that are necessary to improve the business climate. • Encourage the health/wellness industry. Resort • 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 cultural and historic, social, 3 economic, and physical environments of Hawaii and its people. Policies • Land currently designated resort should be utilized before new resort areas are considered for development. • Zoning of resort areas shall be granted when the proposed development is consistent with and incorporates the stated goals, policies and standards of the General Plan. • Designate and allocate future resort areas in appropriate proportions and in keeping with the social, economic, and physical environments of the County. • Evaluate resort areas and the areas 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. Standards: The following established standards should guide the development of resort areas. Major Resort Area • A major resort area is a self-contained resort destination that provides basic and support facilities for the needs of the entire development. Such facilities shall include sewer, water, roads, employee housing and recreational facilities etc. A major resort area is designated as a Resort node or part of a Resort Node on the Land Use Pattern Allocation Guide Map. Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 11. County Zoning: The property is currently zoned Open (0). A Zone Change from Open to Resort -Hotel (V) will be filed with the Planning Commission. 12. SMA: The property is situated within the Special Management Area. An SMA Use permit will be submitted by WLCC prior to construction of the proposed development on the project site. 13. Chapter 343, Hawaii Revised Statutes (HRS): An Environmental Impact 4 Statement meeting the requirements of Chapter 343, HRS will be filed. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 14. Property: The property site is immediately adjacent to the Waikoloa Beach Resort. The abutting property, purchased by the Bay Club was granted a Change of Zone from Open to Resort -Hotel (V -2a) and a Special Management Area Use Permit for the construction of a Beach Club, office complex, recreational facilities, and residences. 15. U.S.D.A. Soil Type: The soils within the project area is Lava Flows, Pahoehoe (rLW), which has no soil covering and is typically bare of vegetation, except for mosses and lichens. The miscellaneous land type is at an elevation from sea level to 25 feet above mean sea level. The annual rainfall ranges from 5 - 10 inches per year. 16. ALISH: The property is unclassified. 17. Flora/Fauna Resources: There are no known rare or endangered plant life on the property or in its immediate vicinity. The vegetation within the project area is generally confined to the coastal margins and consists of primarily kiawe (Prosopis pallida) milo (Thespesia populnea) and naupaka-kahakai (Scaevola sericea Vahl.) Inland portions of the project area consist of predominately pahoehoe and as lava land. A field inspection of the aquatic resources was conducted by Richard E. Brock, Ph.D. in March, 1996. Before any land alteration are undertaken, WLCC will submit a report on the anchialine pond research and a Preservation Plan to the Department of Land and Natural Resources — Historic Preservation Division. 18, Archaeological Resources: In 1991, an archaeological inventory survey was conducted on the subject property by Paul H. Rosendahl Inc. During the survey 23 sites were identified within or immediately adjacent to the project area. Of the 23 sites, 18 are assessed as significant solely for informational content. For these 18 sites, no further archaeological data collection was recommended. Of the remaining five sites, two (Sites 14196 and 14215) areas assessed as significant for 5 information and cultural values. For site 14196 no further data collection was warranted or recommended. Site 14215 may contain one or more burials and further data collection is recommended. The remaining three sites are assessed as significant for information content, cultural value and as excellent or interesting examples of site types (Sites 14203, 14193 and 14202). Preservation and interpretive development were recommended for the petroglyphs two sites (sites 1493 and 14202. Preservation and interpretive development are recommended for the petroglyphs at Site 14202, and the Feature A cave and associated (interior) pond and exterior petroglyphs at Site 14193. An cultural study and archaeological mitigation and preservation plan will be submitted prior to any land altering activity or development. 19. Surrounding Zoning/Land Uses: The subject property is bordered by lands zoned Resort -Hotel (V -2a) and the Waikoloa Beach Resort to the north; to the east are lands zoned Low Density Urban and Conservation. The Waikoloa Beach Resort is a major destination resort area. Pursuant to the General Plan Revision, Waikoloa Beach Resort will designated within the Resort Node. PUBLIC FACILITIES AND SERVICES 20. Access: Access to the site is off the Queen Kaahumanu Highway via a private road off of Waikoloa Beach Drive. 21. Water: Water is currently available to support the project from West Hawaii Utilities Company (formerly Waikoloa Resort Utilities, Inc.). This private utility company provides water to the rest of Waikoloa Beach Resort from its wells located proximate to Waikoloa Village. 22. Wastewater: Wastewater generated by the proposed development will be collected, treated and disposed of by a wastewater treatment system owned and operated by West Hawaii Utilities Company. This system services the rest of Waikoloa Beach Resort. The wastewater treatment system meets all of the State Department of Health standards for a private wastewater treatment system. N 23. Solid Waste: The County landfill is located on the mauka side of Queen Ka'ahumanu Highway approximately 2 miles south of Waikoloa Beach Drive intersection. A solid waste management plan will be prepared and submitted to the County for its approval. This will be done prior to or in conjunction with the Plan Approval process. 24. Utilities: Electrical and telephone service are available to the property. 25. Protective Services: Police protection is provided from its Waimea stations. Response time ranges between 25 to 45 minutes. Waikoloa Beach Resort also has its own private security system that can provide some supplementary support. Fire Protection is provided from the Kohala Coast Fire Station approximately 3 miles north of the subject site along the Queen Ka'ahumanu Highway. Backup fire protection is available from Waikoloa Village and Waimea Fire stations, with a response time of 30 minutes. Emergency medical and paramedical services are also provided by the Hawaii County Fire Department. %to WAIKOLOA March 8, 2001 Mr. Christopher J. Yuen Planning Director Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Re: General Plan Revision Program TMK: (3) 7-1-003:10 at Puuanahulu Homesteads, Kapalaoa Section, District of North Kona, Hawaii Dear Mr. Yuen: Waikoloa Land and Cattle Company is the owner of TMK: (3) 7-1-003:10, a 26.190 acre parcel, hereinafter referred to as the "WLCC". The property is currently vacant of any structures. It is located within the General Plan designation of Conservation, State Land Use Conservation District, Resource Subzone and is zoned Open by the County of Hawaii. The parcel is located between the Resort designation of Waikoloa Beach Resort and the Medium Density designation of Kapalaoa. Since 1992, our discussions with the Planning Department have been to include this parcel as part of the Waikoloa Beach Resort designation thereby avoiding the need for a General Plan amendment. The staff as well as the previous Planning Director were very receptive of our needs, however, as the years past, these discussions were never solidified. We are now at a critical juncture of the Waikoloa Beach Master Plan to develop this parcel. It is our intention to develop the property as a major component of the Waikoloa Beach Resort. The parcel is adjacent to an existing urban use (Waikoloa Beach Resort) and the designated Resort node of Waikoloa and Mauna Lani. Utilities and access are available from Waikoloa Beach Resort. The present designation of Conservation by the General Plan Lard Use element is not consistent with the location, spatial relationship and topography of land uses. The second draft of the Hawaii County General Plan proposes several revisions to the Resort land use designation. A new designation, Resort Node will "include a mixture of EXHIBIT "A" 150 Waikoloa Beach Drive • Waikoloa, Hawaii 96738 • Phone (808) 886-1000 • Fax (806) 886-8896 ............................._..._........_................._- _. _. ...._ .. Mr. Christopher J. Yuen Planning Director March 8, 2001 Page 2 uses such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other supporting services." The Resort Node includes major and intermediate resorts. The General Plan Land Use Pattern Allocation Guide Map proposes revision changes to Waikoloa Beach Resort from Resort, Medium Density, Urban Expansion and Open to Resort Node. This designation appropriately identifies Waikoloa Beach Resort as a self- contained resort destination that provides basic and support facilities for the needs of the entire development. We are requesting that during the Hawaii County General Plan Revision process, this property be included in the amendment to the Land Use designation of Resort and General Plan Land Use Pattern Allocation Guide Map as Resort Node. I would like to meet with you at your earliest convenience as the deadline for public comment ends on March 29, 2001. I can be reached at (808) 545-3220 or my staff person Eleanor Mirikitani is available at (808) 886-1000 for any discussion. Sin erely, Thos Rohr President cc: Norman Hayashi Darin Arai Attachments Mar -30-01 12:41 Pm From-WAIKOLOA LAND CO 808-526-1400 T-630 P-01/01 F-522 Barry Kim Ad Aa Of March 23, 2001 county of Hawaii PLANNING DEPARTMENT 75 A.ap%= Su=% Roan 109 • H4Q. Hawan 967204252 (S8) %1-82888 t Faa. (!0&)%1.8744 Mr Thos Rohr 4Alaikoloa Land and Cattle Company 150 Waikoloa Beach Drive Waikoloa, Hawaii 96738 Bear ivMr_ Rohr, Subject: Geetend Ptah CommenU CLmstogher J . Yucu 4000 w Roy R. Takeuoto AlcpudyDleo4t'ft9r This is to acknowledge receipt of your letter (sated March 8, 2001. 71e Planning Depanment and the General Plan Revision team would like to thank you for taidug the time to read the Genal plan and for sending your comments to the department. We will consider your comments and to the extent possible, include them in the General Plan. Please continue to monitor the progress of the General Plan through our web site at www.co.hawaiLbLus and if you have any further- comments or additional questions, please feel free to contact our office at 961-8288 or email us atplanthing@Uhawaii.net. Sincerely, (--X-,e/111 IrlAA-1- evmsTopmp, J 6AjEN Flarinilag Director NR:pak Y kwpWa46vNORREK4. T RS%2001 Leac%s GP Qanumru Haply I.asser(iWlr, Thos (Waef Sm landCa)Aac EXHIBIT "B" KokWA99A£ M AX0OF PAWAR HAWI m KOHALA J YE 'LLKr RAt4CH KAWAIHA`-' Kawalhaa Harbor neo- WAIMEA j Koevilw AbeQ MAUNA KEA RESORT oVldaimea-Kohala Hapuna Beach State Paris A i r p o r tl WAIKOLOA .J MAUNA LANI RESORT VILLAGE o•� WAIKOLOA BEACH RESORT /►oleo%r = �.� WAIKOLOA LAND & CATTLE CO. A. KONA VILLAGE RESORT Keahole Airport Hoaokohau Harbor KAILUA-KONA KEAUHOU RESORT KEALAKEKUA Waawaa Point r Lae o Puill N LABUIY e I Riilinaehehe Bay Hanokaope ! \ Lulahala Bay Point ' tiles /\ ` 60 raazas: Nawahrne Rock y Waiulua Bay „e Pohakuokeaha 0 • O Q `q ; �` Kaauau Pt \ Z Anaehoomalu Pt •- •- �-��" ' \. • gahapap¢•.. •'•�.. Fishpond' Anaehoavnalu Bay ! iSuuaiai.. •J . Pohaeh U kulua , ft 0 1000 2000 3000 ' Lae o Hliaka ° � as - �' ; • . . f� 0 200 d00 am a00 so SO $p .i tghPg T1♦e��/ p le7; AREA r 8� Akaha Kairnu30 • l ,e Figure I. PROJECT AREA LOCATIONMAP WAIKOLOA REACH RESORT ADJACENT COASTAL PARCEL Lands of Anaehoomalu and Puuanahulu South Kohala and North Kona Distracts, Island of Hawaii (TMK.3-7-1-03:10 WAIKOLOA LAND AND CATTLE CO. PROPOSED GENERAL PLAN AMENDMENT GENERAL PLAN REVISION PROGRAM REASONS FOR APPROVAL OF REQUEST Waikoloa Land and Cattle Co. is requesting that a favorable recommendation of this request for a General Plan Amendment be forwarded to the County Council for the redesignation of land from Conservation to Resort Node, and to include the project area within the list of Resort areas in the Anaehoomalu-Kapalaoa Section of North Kona and South Kohala. The LUPAG Map component of the General Plan is a graphic representation of the document's goals, policies, standards and courses of action. It is also a depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. As stated in Section 3-15 of the County Charter, the General Plan shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county for residential, recreational, economic, resort and other purposes which shall be consistent with proper conservation of natural resources and the preservation of our natural beauty and historical sites; the most desirable density of population in the several parts of the county; a system of principal thoroughfare, highways, streets, public access to the shorelines, and other open spaces; the general location of utilities and terminals, whether publicly or privately owned, for water, sewers, light, power, transit, and other purposes; adequate drainage facilities and control; air pollution; and such other matter as may, in the council's judgment, be beneficial to the social, economic, and governmental conditions and trends and shall be designed to assure the coordinated development of the county and to promote the general welfare and prosperity of its people. The Charter further states that "The (County) council shall enact zoning, subdivision, and such other ordinances which shall contain the necessary provisions to carry out the purpose of the general plan: and that "No public improvement or project or subdivision or zoning ordinance shall be initiated or adopted unless the same conforms to and implements the general plan." The following sections of the General Plan describe the consistency of the proposed amendment to the General Plan to the pertinent goals, policies and courses of action. The proposed resort zoning will conform to the following goals, policies and standards of the Land Use Element of the General Plan: Resort • 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 cultural and historic, social, economic, and physical environments of Hawaii and its people. Policies • Land currently designated resort should be utilized before new resort areas are considered for development. • Zoning of resort areas shall be granted when the proposed development is consistent with and incorporates the stated goals, policies and standards of the General Plan. • Designate and allocate future resort areas in appropriate proportions and in keeping with the social, economic, and physical environments of the County. • Evaluate resort areas and the areas 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. Standards: The following established standards should guide the development of resort areas. Major Resort Area A major resort area is a self-contained resort destination that provides basic and support facilities for the needs of the entire development. Such facilities shall include sewer, water, roads, employee housing and recreational facilities etc. A OA major resort area is designated as a Resort node or part of a Resort Node on the Land Use Pattern Allocation Guide Map. Land Use- Goals • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. The Land Use elements of the General Plan also state that resort uses shall be developed in areas adequately served by essential services and other infrastructure. The area under consideration will be provided with all essential utilities and services, including water, wastewater, and roadways. It is felt that the granting of the subject request would complement the policies of the General Plan Land Use and Resort Elements, which says the County should "promote and encourage the rehabilitation and utilization of resort areas which are serviced by basic facilities and utilities." The request is consistent with the proposed Resort Node General Plan designation, adjacent resort uses, public services, utilities, access and public need. The proposed Resort designation would be consistent with the following goals and policies of the Recreational Element: Recreation • Provide a wide variety of recreational opportunities for the residents and visitors of the County. • Maintain the natural beauty of recreation areas. • Provide a diversity of environments for active and passive pursuits. • Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational values. This system of trails shall provide, at a minimum, an islandwide route connecting major parks and destinations. Public parking and pedestrian access trail system will be planned as part of the overall development, will provide passive and active recreational opportunities to the public by providing improved access to the shoreline and to significant scenic and historical sites located in and around the project site. 3 The property should be made a part of Waikoloa Beach Resort Node. The overall objective for Waikoloa is to annex the property into the Waikoloa Beach Resort. The development will retain the resort character and natural beauty of the area. The project will be designed in a manner that is sensitive to the natural features and unique historical heritage of the land. The property is bordered by lands zoned Resort -Hotel (V -2a), and the Waikoloa Beach Resort to the north; to the east are lands zoned Low Density Urban and Conservation. The Waikoloa Beach Resort is a major destination resort area. The General Plan revision process will designate the Waikoloa Beach Resort within the Resort Node. Therefore the proposed designation is in keeping with the Resort Node type of land use pattern. The requested Resort Node designation will allow resort uses, recreation, health and wellness, retail, residential and other accessory resort uses that will retain the character and natural beauty of the area. This request will result in an extension of the Resort character of Waikoloa Beach Resort. It is recognized that there are a number of archaeological sites on the property. However Waikoloa's use of the property would allow for the preservation, protection and management of these archaeological sites. To mitigate potential impacts to the historical and archaeological resources of the project area, Waikoloa will continue to consult with the archaeologist and the Department of Land and Natural Resources — Historic Preservation Division (DLNR-SHPD). The specific treatment for burials, trails and other features designated for preservation would be determined as part of the archaeological approval process in conjunction with the requirements of DLNR-SHPD and other applicable governmental agencies, boards and commissions. Approval of this request would contribute to a diverse socio-economic mix within the region. In this manner, the request would complement the following goals and policies articulated in the Economic Element of the General Plan: 4 Economic • Provide residents with opportunities to improve their quality of life through economic developments which shall be compatible with the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. Policies • Encourage the development of visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. • Require a study of the significant cultural, social and physical impacts of large developments prior to approval. • Identify the needs of the business community and take actions that are necessary to improve the business climate. • Encourage the health/wellness industry. It is imperative that the County of Hawaii carry its vision for residents to a different realm when it comes to the creation of resorts. To continue with the idea that this County only supports a conventional resort typical of what can be found throughout the state does not elevate the expectations and goals of our County. If this vision can be captured and then balanced with the environmental policies set forth in the General Plan, and other regulatory agencies, such a project should be encouraged. The permit review 5 must account for not only environmental issues, but the social, economic and policy issues as well. This approval would support the Environmental Quality Element of the General Plan, which goal, policy, and standards read: • Maintain and, if feasible, improve the existing environmental quality of the island. • The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the future. • The County shall encourage the State to establish air and water quality monitoring stations in areas of existing and potential urban growth. • Environmental quality controls are to be incorporated either as standards in appropriate ordinances or as conditions of approval. The Land Use Element of the General Plan (Resort Sub -element) states: 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. Land use is one of the principal focal points of public concern and policy. The foregoing elements provide the basis for direct control and guidance of publicly- and privately owned resources. It sets forth goals, policies, and standards to guide the location and density, and building intensities of land uses in particular areas. These elements are also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It seeks to accommodate growth without congestion; to designate and preserve the lands needed for resort, residential use, commercial, visitor services, open space; and to coordinate these uses with the County's service and circulation systems. R The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan indicates broad -brush boundaries which are graphic depictions of the spatial relationships of various land uses and the expressed policy statements of the document itself. Therefore, changes and requests for amendments to the LUPAG Map must be evaluated against applicable goals, policies and standards of the General Plan. Based on the foregoing, it is requested that this amendment to the General Plan Use Pattern Allocation Map redesignate approximately 26.190 acres of land from Conservation to Resort Node and to include the Anaehoomalu-Kapalaoa Section within the list of resort areas in the County by district as an appropriate land use pattern for the North Kona and South Kohala District. Portion of Waikoloa Beach Resort I= Mauna Lani Resort THE BAY L REVISED MASTER PLAN WAIKOLOA BEACH RESORT ............................. ................ ...... FUN ........ .... ............ PA NORTH \G/Gti �4 A-2 PROPOSED RESORT DESIGNATION Highwaler MA as of ? 1,1