REP PC 113 09/19/2006 2004-2006 - Laserfiche WebLink

Home

REPORT OF THE COMMITTEE ON PLANNING DATE: September 19, 2006 Re: Comm. No. 1056/Resolution No. 449-06 PLACE: Sheraton Keauhou Bay Resort & Spa TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 1056 and attached Resolution 449-06, reports as follows: Resolution No. 449-06, transmitted by Communication No. 1056 from Amy Self, Deputy Corporation Counsel, County of Hawaii Office of the Corporation Counsel, and approved by Mayor Harry Kim dated August 30, 2006, presents "A Resolution Accepting the Declaration of Public Access Pedestrian Easements from Kailua Kona Village Development Group, LLC, Tax Map Key (3) 7-5-07:21 (Portion), Transfer Certificate of Title No. 199042, to the County of Hawai`i." The Kona Inn Shopping Village Complex is located makai of Ali`i Drive between the Hulihe`e Palace (to the north) and the County's Hale Halawai Park (to the south) and consists of approximately 4.077 acres of resort, commercial and office buildings. On February 15, 2005 the Planning Department approved a Special Management Area Minor Permit allowing for the construction of a new outdoor seating lanai as an addition to an existing restaurant located at the northern end of the Kona Inn Shopping Village Complex. Condition 4 of the Special Management Area Minor Permit No. 178 provides that an updated Shoreline Public Access Plan be submitted to and approved by the Planning Director, and shall include provisions for recorded easements providing a lateral pedestrian walkway mauka of the seawall not less than 10-feet in width along the entire shoreline, a 10-foot wide pedestrian easement through the property between Ali`i Drive and the shoreline, connectivity between lateral pedestrian accesses to adjacent properties to the north and south, and location of existing and proposed public access signage. The Kailua Kona Village Development Group, LLC (Declarant), and the County of Hawaii have agreed to be bound by and to encumber the property by recordation with the Bureau of Conveyances and the Land Court of the State of Hawaii, a "Declazation of Public Access Pedestrian Easements". Pursuant to Article XIII, Section 13-12, Hawaii County Charter, the Council may accept gifts of donations of any interest in real estate on behalf o the County of Hawaii. At the September 19, 2006 Committee on Planning Meeting, Dr. Holschuh noted Mr. Tyler's testimony stating that the 10-foot width of the lateral access easement along the seawall should be measured from the inside and not outside of the seawall. Mr. Holschuch also noted Mr. Tyler's discussion regarding ADA compliance and that the stated prohibition of motorized vehicles should exempt motorized wheelchairs. Lastly, it was noted that the Declaration should include the standard provision relating to native Hawaiian access and gathering rights. PC Report No. 113