HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2021-005) RKumuHouAreaBPDREZ.crk.11.2.21
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
WAIKOLOA LAND COMPANY
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000005)
Upon careful review of the request,the Planning Director is recommending that a
favorable recommendation for a Project District zoning district request be
forwarded to the County Council. This recommendation does not, however, sanction
the plans submitted with the application as they may be subject to change given the
specific code and regulatory requirements of the affected agencies. Since this
recommendation is made without the benefit of public testimony, the Director reserves
the right to modify and/or alter this position based on additional information presented at
the public hearing. This favorable recommendation is based on the following findings:
Waikoloa Land Company has requested a Change of Zone from an Open,
Multiple Family Residential-4,000 square feet(RM-4), Multiple Family
Residential-6,000 square feet(RM-6), Multiple Family Residential-8,000 square
feet(RM-8) and Village Commercial-10,000 square feet to a Project District(PD)
zoning (hereinafter Kumu Hou Project District) for 133.822 acres of land
identified as "Area B" of the proposed Kumu Hou at Waikoloa project(Kumu
Hou).
The requested Kumu Hou PD is a 133.822 portion of the larger Kumu Hou
at Waikoloa Master Plan area and includes the following proposed components:
■ Timeshares: 900 multi-family residential timeshare units, at a density of
no more than 7.3 units per acre.
■ Community/Commercial Facilities: Up to 43,000 square feet of
community and commercial facilities,which could consist of:
o Up to 40,000 square feet of community facilities including one or
two private community centers with sales and meeting facilities,
pool(s), and other facilities to support the timeshare units; and
o A convenience retail center of approximately 3,000 square feet is
planned near the community center.
-1-
■ Golf Support Facilities: Relocation of the existing golf clubhouse to
support a new, approximately 20,000 square foot golf clubhouse including
cart storage, food, and beverage facility(ies) and other service or support
facilities; relocation of the existing golf driving range to include putting
greens and other ancillary facilities; and a new cart path in support of the
relocated facilities.
■ Operations: Up to 32,000 square feet of building area to support back-of-
house housekeeping and other services in support of the timeshare units.
■ Recreation: Approximately three (3) acres of public parks, pedestrian
paths, and recreational amenities.
■ Associated landscaping, internal roads, cart paths, approximately 200
parking stalls for employee and other parking, loading areas and related
infrastructure which is consistent with the proposed uses.
The development is proposed to be constructed in three (3)phases over a
17-year period (2026—2043). However, the applicant notes that these timeframes
are conceptual and for modeling purposes, and that actual implementation of the
Project District master plan will be dependent on a myriad of factors (e.g.,
economic, market, finance, community, environmental, etc.) that will manifest
over time. Based on the preceding and given that the Kumu Hou project is being
developed in a long-established resort area where future plans are unlikely to
change, the Planning Director believes that a development timetable is not
warranted, thus he is not recommending a condition setting a development period
for the PD.
The PD is intended to provide for a more flexible and creative planning
approach rather than specific land use designations. It will also allow for
flexibility over time in the location of specific uses and mixes of structural
alternatives. This planning approach would establish continuity in land uses and
designs while providing for a comprehensive network of infrastructure facilities
and systems. A variety of uses as well as open space, parks, and other project uses
are intended to be in accord with each individual PD objective. A PD is an
-2-
amendment to Chapter 25,Zoning Code, which changes the district boundaries in
accordance with the individual PD.
A PD may be established whenever the public necessity and convenience
and the general welfare require that a comprehensive planning approach for an
area should be adopted. In addition, a PD may only be established if the proposed
district:
1. Is consistent with the intent and purpose of the Chapter 25 (Zoning Code),
Hawaii County Code and the County General Plan; and
2. Will not result in a substantial adverse impact upon the surrounding area,
community, or region.
The Change of Zone request from Multiple Family Residential (RM-4,
RM-6, and RM-8) and Village Commercial (CV-10) to Project District
(Kumu Hou) is consistent with the intent and purpose of the General Plan
and the Zoning Code.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map
designation for the subject properties is Resort Node (ren). These areas include a
mix of visitor-related 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 support services. Only major resort areas are
identified as Resort Nodes on the LUPAG Map
Additionally, the proposed Kumu Hou PD will implement several goals
and policies of the Land Use (Resort) and Economic elements of the General Plan
and will be developed to comply with pertinent standards therein. These include:
Land Use Element(Resort)
■ Maintain an orderly development of the visitor industry.
■ A major resort area is a self-contained resort destination area 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 LUPAG Map.
-3-
■ Promote and encourage the rehabilitation and the optimum utilization of
resort areas that are presently serviced by basic facilities and utilities.
■ Lands currently designated Resort should be utilized before new resorts
are allowed in undeveloped coastal areas.
■ 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.
■ Coastal resort developments shall provide public access to and parking
for beach and shoreline areas.
■ Require developers to provide the basic infrastructure necessary for
development.
The Kumu Hou PD is located in the mauka area of the Waikoloa Beach
Resort(WBR), designated as a major resort area by the General Plan. The PD will
be developed as part of the adaptive re-use of the existing resort area that will
repurpose nine (9) holes of the existing King's Golf Course (King's Course) to
accommodate the proposed timeshare development, community and commercial
uses, golf course support facilities, park and recreational facilities, and related
improvements.
As part of the development, the applicant is proposing to provide a
minimum of 20.8 acres of land for open space (17.8 acres of natural and
renaturalized lava) and recreational uses, including three (3) acres for active
recreational uses via two (2) public"gateway"parks located at the intersection of
Ala Ihi Way/and the southern end of Waikoloa Beach Road, and other pedestrian
pathways, sidewalk, and public access facilities. In order to facilitate the timely
development of recreational facilities, the applicant proposes to complete
construction of the proposed parks prior to occupancy of the first multiple-family
residential structure. Additionally,the Director recommends that the public access
paths shown in Figure 23 are developed at the same time. The preceding will be
added as conditions of approval.
Furthermore, while this area is not considered a coastal development,
proposed public access facilities will be developed to connect the PD area to
-4-
existing shoreline public accesses makai of the resort. A condition of the
concurrent SMA Use Permit for this area will require an update to the existing
approved public access plan to incorporate these new proposed facilities and
public access connectivity.
Finally, while the affordable housing requirements for the WBR have been
satisfied with the donation of 300 net acres of land to the County within Waikoloa
Village, the applicant proposes to develop not less than 142 units of affordable
workforce rental housing on a 25.4-acre site south of the Queens' Marketplace.
While not considered part of the Kumu Hou Master Plan, the applicant considers
this initiative complementary to the development of the overall Kumu Hou project
and has signed a memorandum of intent with a developer to commence planning
of the project.
Economic Element
■ Encourage the development of a visitor industry that is in harmony with
the social,physical, and economic goals of the residents of the County. `
■ Strive for an economic climate that provides its residents an opportunity
for choice of occupation.
■ Require a study of the significant cultural, social and physical impacts of
large developments prior to approval.
■ The land, water, air, sea, and people shall be considered as essential
resources for present and future generations and should be protected and
enhanced through the use of economic incentives.
■ Identify and encourage primary industries that are consistent with the
social,physical, and economic goals of the residents of the County.
■ Promote a distinctive identity for the island ofHawai`i to enable
government, business and travel industries to promote the County of
Hawai`i as an entity unique within the State ofHawai`i.
This proposed development will provide additional and expanded
employment opportunities including an estimated 350 Full Time Employment
(FTE) construction and related jobs annually in the early development phase
(2021 to 2026), 1,450 FTE development and operation jobs generated as
-5-
timeshare units are completed for occupancy (2027 to 2042) and 1,080 FTE on-
going jobs at full buildout. Further, the magnitude of this project will directly
benefit the residents of the County as the real property tax base will substantially
increase.
The proposed PD area is covered by the South Kohala Community
Development Plan (SKCDP). Several SKCDP goals, policies, and actions
reference resort areas, including directing the development of timeshares to the
district's three (3) major destination resorts. Other goals, policies, and actions
include: protection of historical, natural, and cultural resources; requiring water
conservation measures for new, large scale development projects; ensuring the
quality of South Kohala's groundwater and marine resources (including the
expansion of water quality monitoring); providing support for water and
wastewater facility upgrades; promoting the prohibition of future injection wells
in the SMA if wastewater is not treated to an R-1 level of water quality; fostering
the preservation of scenic views and landscapes, and conducting all activities and
uses with clear environmental stewardship and sustainability methods. While
many of the preceding goals,policies, and actions are not explicitly directed at
resort areas, they have been incorporated into the Kumu Hou project proposal,
and conditions related to the preceding are included in the concurrent SMA Use
Permit for the project area.
The Zoning Code is one of the tools used to implement the General Plan
and is one of the County's primary land use control mechanisms; the Zoning
Code sets the various types of uses allowed in a specific zoning districts. In this
particular case, the applicant proposes to establish a PD to provide flexibility in
the location of land uses without identifying where these uses would be
specifically located on the property at this early stage of development. A
minimum of 50 acres is required to establish a Project District. The request meets
this criterion as "Area B"is approximately 133.8 acres in size.
The Zoning Code allows Project District Zoning to include any permitted
uses either directly or conditionally allowed in the RS, RD, RM, RCX, CN, CG,
CV, or V zoning districts to also be permitted in a PD. The uses proposed
-6-
throughout the Kumu Hou PD appear to be allowed within the Resort-Hotel (V)
zoning district and are consistent with the resort node LUPAG designation.
Additionally, while not expressly proposed in the application, the applicant
indicated that the project area will invariably have/need retail uses (such as
restaurants and shops to service the needs of the guests/residents) and offices to
support those uses (such as for the timeshare/recreational activities and the like).
Based on the preceding, the Planning Director is adding a condition to this
recommended approval that will limit uses in the PD to largely those permitted in
the V zoning district, along with golf related facilities, which would otherwise
require a separate Use Permit to develop. It should be noted,however, that the
concurrent SMA Use Permit for the area only permits the uses articulated in the
application, thus any additional uses (e.g., a restaurant, bar, or expanded
commercial area),would require an amendment to the SMA Use permit.
Pursuant to the concurrency section of the Zoning Code (HCC 25-2-
45(d)), the applicant submitted a Traffic Impact Report(TIR)that assessed the
traffic impacts of"Areas A and B" of the Kumu Hou project("Area C' is not
expected to generate any meaningful traffic). The TIR studied three (3)
intersections in the vicinity of Kumu Hou which include Queen Ka`ahumanu
Highway/Waikoloa Beach Drive (South); Queen Ka`ahumanu Highway/Waikoloa
Beach Drive (North); and Queen Ka`ahumanu Highway/Mauna Lani Drive; the
report found that all three (3) intersections currently operate at acceptable levels-
of-service (LOS) (between LOS A and LOS D) in the AM and PM peak hours.
The applicant noted that data used for the analysis was collected in 2019 at traffic
count survey stations along the highway and at Waikoloa Road. The use of the
2019 data was due to the lack of accurate traffic data attributed to the ongoing
Covid-19 pandemic at the time of the study.
For purposes of the TIR, Kumu Hou was assumed to be fully built-out by
2045, at which time,the project was expected to generate 356 and 430 new
vehicular trips during the project's AM and PM peak hours,respectively. The TIR
concluded that while the LOS ratings along Queen Ka`ahumanu Highway could
be worse in 2045 compared to 2019,these declines are expected to be the result of
-7-
regional growth rather than directly attributable to the Kumu Hou development.
The TIR provided several recommendations to mitigate future traffic
impacts, including the provision of adequate site distance, adequate loading and
turn-around areas for service, delivery and refuse collection vehicles, sufficient
turning radii, wayfinding/destination signage, improved pedestrian facilities
including ADA sidewalks, shared use and other facilities, bicycle facilities, and
shuttle services. The applicant has also stated that the preparation of additional
traffic studies will be completed to verify projected traffic after the completion of
the 676 residential/timeshare units, or if project conditions should change
significantly.
After review of the draft TIR,the State Department of Transportation
(DOT) provided comments that disagree with some of the TIRs analysis and
resulting findings,the most significant of which is the study's reliance on the
possibility of future widening of Queen Ka`ahumanu Highway in the vicinity of
the project. DOT requested that the TIR be revised to re-analyze future traffic
conditions without the widening assumption. Additionally, DOT further requested
that the report be updated to identify future direct impacts from the project to
State roadways (if any) and any appropriate mitigation measures, and that the
applicant commit to implementing them as required and approved by DOT.
Further, DOT suggested that the TIR be updated to include follow-up activities
including commitments that local and fair regional mitigation be implemented,
planned updates to the TIAR, suggest, permitting triggers, articulate fair share
agreements for regional improvements, and implement other standard DOT
requirements as needed.
According to the applicant, upon subsequent consultation with their traffic
engineer, the TIR analysis included the widening of Queen Ka`ahumanu Highway
in the Year 2045, at full project buildout, and not sooner which would have
negatively impacted level of service within the first five (5)years of the project.
Thus, the TIR meets Zoning Code (Section 25-2-46) concurrency requirements,
and the applicant has committed to submitting an updated TIAR as recommended
in the TIR prior to development of the 400th multiple-family residential unit
-8-
within the Project District area. This new study would provide an updated traffic
baseline and update findings and proposed mitigation based on the new data for
review and approval by the Planning Department in consultation with DOT. The
preceding will be added as a condition of approval.
The concurrency section of the Zoning Code (HCC Section 25-2-46(0))
also requires the provision of a Civil Defense siren to provide adequate warning
coverage across the entire project site as part of a rezoning that proposes 25 or
more residential units.Neither of the existing sirens situated in the makai area of
the WBC (installed after the 2011 tsunami)have the required audible range to
provide the necessary coverage for the Kumu Hou PD. Thus, a condition of
approval will require the installation of a civil defense siren prior to issuance of
Certificate of Occupancy for any structure within the project area.
Various conditions of approval have been added to ensure the
development complies with other sections of the Zoning Code related to
landscaping, off-street parking and loading, building density, minimum yards and
setbacks, and building height limits.
Based on the preceding, the request is consistent with the General Plan,
South Kohala CDP, and the Zoning Code.
The request for a Project District will not result in a substantial
adverse impact upon the surrounding area, community, or region. The Kumu
Hou Project District area is within the Waikoloa Beach Resort complex, which
encompasses approximately 1,353 acres between the Queen Ka`ahumanu
Highway and the ocean. The WBR resort complex includes open spaces (two (2),
18-hole golf courses and natural lava fields), three (3)resort hotels and timeshare
developments, resort residential multi- and single-family units,two (2)
commercial shopping centers, a performance amphitheater, a golf clubhouse, a
beach clubhouse, and related improvements. Immediately to the north is the
Mauna Lani Resort and adjacent to the south are undeveloped State-owned lands.
The PD project area is located within the mauka portion of the WBR on lands
currently developed by the King's Course as well as vacant lands. As such, it is
-9-
anticipated that the proposed resort related development planned for the project
area should complement the uses in the surrounding community.
The development could have the potential to adversely affect surrounding
properties if mitigation measures were not required. However, several conditions
of approval will mitigate adverse impacts of the project related to noise, air
quality (dust), and drainage. For example, the applicant will prepare a drainage
study, aquire the necessary permits, and construct necessary improvements in
order to contain all development-generated runoff on-site and all earthwork
(grubbing and grading) shall be conducted in accordance with applicable County
Code. The applicant is required to comply with various State Department of
Health standards by controlling dust during construction and reducing the effect
of construction equipment noise. Additionally, the Planning Department's
landscaping requirements will further minimize the effect of lighting, noise,
odors, and dust by providing buffers along the project site perimeter, as required.
The PD will be developed with all essential utilities and services.
Conditions of approval will require any development to secure potable water from
the private Waikoloa Water System and connect to the private sewer system. As
represented by the applicant on-site wastewater will be treated to an R-1 water
quality standard at the Waikoloa Beach Resort Water Wastewater Treatment Plant
to be used to irrigate the remaining golf courses. Irrigation water for the other
landscaped areas in the PD will be supplied by a new brackish water well and
irrigation system being developed as part of the overall Kumu Hou project.
Access to the proposed 900 multi-family timeshare units and community
center/commercial facilities is conceptually planned from two (2)points on
Waikoloa Beach Drive (North) that link to an internal road. The first access point
would be approximately 1,100 feet makai of the northernmost intersection of
Waikoloa Beach Drive (North) and Queen Ka`ahumanu Highway which is a
signalized intersection. The second access point would be approximately 4,400
feet makai of that, or approximately 400 feet mauka of the intersection of
Waikoloa Beach Drive (North) and Ala Ihi Way. Access to the proposed parks,
-10-
golf facilities, and operational facilities is conceptually planned from Ala Ahi way
at its intersection with Waikoloa Beach Drive (South).
Despite recommendations made by the Traffic Impact Report and as
conceptually represented in the Kumu Hou Master Plan to develop the main
internal road with sidewalk facilities, the applicant clarified their intent to develop
roadway infrastructure to the Resort Standards in the Subdivision Code, with the
option to add sidewalks. As similar Project District Zoning for other resorts in the
area require the same, the Director recommends adding a condition of approval to
require that all new internal roadways may be developed to the Subdivision
Code's Resort Standards. The preceding and all other internal resort infrastructure
and community facilities will be developed and maintained privately.
Police, fire, medical, and emergency services are available nearby.
According to a comment memo from the Police Department, the increase in
population resulting from the 1,000+time share units (within the overall Kumu
Hou project) will lead to an increased burden on public safety services such as
police and fire/rescue. A condition of approval will require the applicant or
successor to pay a fair share contribution to mitigate potential regional impacts
from the development.
In addition, the Planning Department will review site plans for each phase
of development that are consistent with the overall master plan to ensure the
following:
■ Adequate light and air, as well as proper siting and arrangements of all
structures and improvements are provided.
■ Existing and prospective traffic movements will not be hindered.
■ Proper landscaping is provided that will be commensurate with the
development or use and its surroundings.
■ Unsightly areas are properly screened (visually) or eliminated.
■ Adequate off-street parking is provided to serve the development or use.
■ Access to the parking areas will not cerate potential accident hazards; and
-11-
■ Within reasonable limits, any natural and man-made features of
community value are preserved.
As stated above, potential impacts associated with this project
development such as traffic, drainage, and other design concerns will be mitigated
through conditions of approval. Therefore, the request would not unreasonably
burden the public agencies to provide roads and streets, sewer, water, drainage,
school improvements, police and fire protection, and other essential services. The
proposed PD zone change would allow for uses that complement the surrounding
resort uses in the area.
The development will to the extent feasible, reasonably protect native
Hawaiian rights if they are found to exist. In view of the Hawaii State
Supreme Court's `DASH" and "Ka Pa`akai O Ka`Aina"decisions, the issue
relative to native Hawaiian rights, such as gathering and fishing rights, must be
addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site.
Investigation of valued resources: A Draft Archaeological Inventory
Survey (AIS) of the subject property was completed by Haun &Associates in
May 2021 and amended in August 2021 and again in October 2021. A Native
Hawaiian Traditional and Customary Practices Assessment was prepared by
Christopher Monahan, Ph.D. in June 2021. In addition, a Biological Survey was
conducted by Ron Terry, Ph.D. in May 2021 for the subject area which concluded
in a Biological Survey report dated May 2021. The report, which was submitted
with the application, included results of field surveys conducted in May 2020 and
November 2020 for the entirety of the project area.
The valuable cultural, historical, and natural resources found in the PD
area. The most recent draft AIS identified 14 sites with a total of 418 features, 13
complexes with two (2) to 240 component features within the Kumu Hou PD
area. The 14 sites identified in the AIS include nine (9) sites previously identified
in archaeological studies of the area and five (5) newly identified sites, all of
which were assessed as significant under criterion"d" (yielding information
important for research on history or prehistory). Of these, three (3) sites have also
-12-
been deemed significant under criterion"e" (cultural value) and proposed for
preservation via a site preservation plan,these include Site 26871 (trail) and
portions of the Site 31230 (trail), which were identified as part of a mauka-makai
trail network, and Site 26873, which was identified as the location of a previously
excavated lava tube and other features on a pahoehoe rise. The trail portions
discussed above appear to be part of the overall trail network linking to the natural
pahoehoe area and the other trail sites and possibly led makai bound trail users in
the direction of the ancient Ala Loa and/or towards `Anaeho`omalu Bay.No
further work or preservation is recommended for the other I I of the 14 identified
sites. The final draft AIS determines the three (3) sites as significant under
criterion "d" and"e" and recommends their preservation pursuant to a required
preservation plan to be approved by SHPD.
The Native Hawaiian Traditional and Customary Practices Assessment
found that given the distance from the shoreline there would be no impacts to
shoreline fishing and gathering. The assessment recommended the submission of
an AIS to SHPD, further consultation with agencies to agree on significance and
mitigation, and an assessment of the project by a hydrogeology expert to assess
groundwater and aquifers in this region.
The biological survey report found that there are no designated or
proposed critical habitats for endangered plant or animal species located within
the project area. The study also concluded that no federally listed threatened or
endangered plant species appear to be present on the property,nor are there any
rare plant species or uniquely valuable vegetation types.
Two (2) federally listed threatened and endangered avian species (nene
and ae`o) and four(4) species of concern (`auku`u, `akekeke, `ulili and kolea)
were identified within the project area; although not detected during the survey, it
is possible that small numbers of the endangered endemic Hawaiian Petrel,the
endangered band romped storm petrel, and the threatened Newell's shearwater
birds may fly over the area between summer and fall. Similarly, Hawaiian hoary
bats are assumed to be present and have been detected in kiawe forests of West
-13-
Hawaii as well as the endangered Blackburn sphinx moth which has also been
found at various locations throughout West Hawaii.
Possible adverse effect or impairment of valued resources and feasible
actions to protect native Hawaiian rights: While the proposed project may have
some effect on valued resources in the area, the proposed conditions of approval
of the concurrent SMA Use Permit should minimize impacts to protect native
Hawaiian rights.
Native vegetation may be destroyed by ground alternation and
construction activities, however, there is no evidence that the flora in the area is
particularly desired or used for cultural practices. There are no identified springs,
pu`u, native forest groves, gathering resources, or other natural features present on
or near the project site that would support traditional resource uses. Any project
related impacts on endangered or listed fauna will be addressed by conditions of
approval of the concurrent SMA Use Permit as recommended by the US Fish and
Wildlife Service and Department of Land and Natural Resources-Division of
Forestry and Wildlife.
As mentioned above, impacts on identified archaeological resources will
be addressed through the approval of a draft AIS and Archaeological Preservation
Plan for sites identified for preservation. As archaeological remains could
inadvertently be uncovered during development activities, a condition of approval
will be added to address and mitigate any inadvertent finds.
Lastly, Hawaiian fishing/gathering rights will not be affected by this
project and as there is no direct public access to the shoreline or mountains
located withing the PD area.
With implementation of the mentioned conditions of approval the
proposed action will not affect traditional Hawaiian rights.
Lastly, this recommendation is made with the understanding that the
applicant remains responsible for complying with all other applicable
governmental requirements in connection with the proposed use, prior to its
commencement or establishment upon the subject properties. Additional
-14-
governmental requirements may include the issuance of building permits,
compliance with the Fire Code, installation of improvements required by the
American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to
comply with such requirements will be considered a violation that may result in
enforcement action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the request to rezone the property from an
Open, Multiple Family Residential-4,000 square feet (RM-4), Multiple Family
Residential-6,000 square feet (RM-6), Multiple Family Residential-8,000 square feet
(RM-8) and Village Commercial-10,000 square feet to a Project District (PD) zoned
district would result in an appropriate land use pattern that would further benefit
the general public.
The accompanying draft bill to amend Section 25-8-9 (Puako-Anaehoomalu Zone
Map) is provided for your favorable consideration. Please note the proposed conditions of
approval attached to the draft bill.
-15-
MsV Of N
COUNTY OF HAWAII STATE OF HAWAII
�OF•K�.I�
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-9 (PUAKO-`ANAEHO`OMALU ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN (0), MULTIPLE-FAMILY RESIDENTIAL (RM-4), MULTIPLE-FAMILY
RESIDENTIAL (RM-6), MULTIPLE-FAMILY RESIDENTIAL (RM-8) AND VILLAGE-
COMMERCIAL (CV-10) TO PROJECT DISTRICT (PD)AT WAIKOLOA, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-9-008: POR. 013, 022, 025, POR.
029 AND 033.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-9, Article 8, Chapter 25 (Zoning) of the Hawaii County Code
1983 (2016 Edition, as amended) is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waikoloa, South
Kohala, Hawaii, shall be Project District(PD):
AREA 1
Beginning at the Southeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "PU`U HINAI"
being 4,838.74 feet North and 33,353.00 feet West and thence running by azimuths
measured clockwise from True South:
I. Along Lot A of Waikoloa Beach Resort—RM-6 Subdivision (File Plan 2457), on
a curve to the left with a radius of
1,560.00 feet,the chord azimuth and
distance being:
95° 16' 28" 372.92 feet;
-1-
2. Thence on a curve to the right with a radius of 20.00 feet,the chord azimuth and
distance being:
132° 19' 17.5" 27.74 feet;
3. 176° 14' 306.45 feet;
4. Thence on a curve to the left with a radius of 840.00 feet,the chord azimuth and
distance being:
170° 19' 30" 172.93 feet;
5. 164° 25' 394.94 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
6. Thence on a curve to the right with a radius of 760.00 feet, the chord azimuth and
distance being:
179° 49' 15" 403.75 feet;
7. 195° 13' 30" 97.17 feet;
8. 275° 42' 446.03 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424) and Lot
A of Waikoloa Beach Resort—
King's Course Resubdivision No. 2
(File Plan 2462);
9. 44° 46' 278.34 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
10. 346° 12' 191.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
11. 21' 08' 129.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
12. 353° 15' 106.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
-2-
13. 315° 00' 476.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
14. 335° 42' 215.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
15. 43° 00' 219.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
16. 11' 10' 62.65 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457)to the point of beginning
and containing an area of 12.027
Acres.
AREA 2
Beginning at the Northeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "PU`U HINAI"
being 7,232.42 feet North and 32,849.12 feet West and thence running by azimuths
measured clockwise from True South:
1. 354° 24' 80.00 feet along Lot 6 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
2. 8° 40' 76.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
3. 29° 53' 78.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
4. 4° 07' 109.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
5. 37° 37' 100.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
-3-
No. 2 (File Plan 2462);
6. 77° 55' 95.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
7. 90° 39' 125.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
8. 125° 13' 43.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
9. 179° 20' 59.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
10. 134° 58' 169.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
11. 139° 31' 105.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
12. 177° 44' 130.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
13. 158° 28' 23.78 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
14. 198° 46' 65.86 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
15. 288° 46' 27.00 feet along Lot 13 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424), same
being the South side of Waikoloa
Beach Drive;
16. Thence along Lot 13 of Waikoloa Beach Resort—King's Golf Course Subdivision
-4-
(File Plan 2424), same being the
South side of Waikoloa Beach Drive,
on a curve to the left with a radius of
1,240.00 feet, the chord azimuth and
distance being:
276° 35' 523.38 feet
to the point of beginning and
containing an area of 4.505 Acres.
AREA 3
Beginning at the Northeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "PU`U HINAI"
being 7,819.70 feet North and 29,422.45 feet West and thence running by azimuths
measured clockwise from True South:
1. Along Lot A of Waikoloa Beach Resort—RM-6 Subdivision (File Plan 2457), on
a curve to the left with a radius of
20.00 feet, the chord azimuth and
distance being:
59° 30' 10" 27.43 feet;
2. 16° 12' 375.33 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
3. Thence along Lot A of Waikoloa Beach Resort—RM-6 Subdivision (File Plan
2457), on a curve to the right with a
radius of 450.00 feet, the chord
azimuth and distance being:
51' 51' 524.55 feet;
4. 87° 30' 291.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
5. 11' 00' 130.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
-5-
6. 57° 31' 590.60 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
7. 52° 23' 949.21 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
8. Thence along Lot A of Waikoloa Beach Resort—RM-6 Subdivision (File Plan
2457), on a curve to the right with a
radius of 450.00 feet, the chord
azimuth and distance being:
53' 31' 632.87 feet;
9. 56° 00' 208.54 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
10. 167° 40' 40.54 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
11. 144° 43' 445.11 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
12. 160° 40' 371.98 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
13. 233° 12' 68.88 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
14. 317° 56' 517.89 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
15. 309° 40' 360.70 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
16. 269° 35' 68.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
-6-
No. 2 (File Plan 2462);
17. 231° 40' 247.66 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
18. 210° 23' 134.82 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
19. 153° 05' 273.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
20. 141' 55' 317.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
21. 259° 45' 590.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
22. 224° 26' 233.24 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
23. 221° 02' 466.65 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
24. 272° 55' 152.57 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
25. 237° 40' 116.76 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
26. 282° 46' 26.28 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
27. 331' 29' 48.37 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
-7-
28. 310° 39' 33.76 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
29. 256° 35' 40.98 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
30. 228° 07' 48.72 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
31. 238° 42' 49.72 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
32. 275° 54' 49.77 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
33. 288° 52' 49.26 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
34. 254° 13' 45.05 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
35. 276° 16' 117.27 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
36. 267° 30' 333.53 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
37. 223° 05' 320.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
38. 188° 20' 88.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
-8-
39. 286° 12' 13.34 feet along Lot 5 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
40. 196° 12' 310.85 feet along Lot 5 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
41. Thence along Lot 5 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
left with a radius of 20.00 feet, the
chord azimuth and distance being:
152° 53' 50" 27.43 feet;
42. Thence along Lot 13 of Waikoloa Beach Resort—King's Golf Course
Subdivision (File Plan 2424), same
being the South side of Waikoloa
Beach Drive, on a curve to the left
with a radius of 740.00 feet, the
chord azimuth and distance being:
286° 12' 87.63 feet
to the point of beginning and
containing an area of 21.720 Acres.
AREA 4
Beginning at the North corner of this parcel of land, the coordinates of said point
of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being
7,819.70 feet North and 29,422.45 feet West and thence running by azimuths measured
clockwise from True South:
1. Along Lot 13 of Waikoloa Beach Resort—King's Golf Course Subdivision (File
Plan 2424), same being the South
side of Waikoloa Beach Drive, on a
curve to the left with a radius of
740.00 feet, the chord azimuth and
distance being:
279° 18' 45" 90.17 feet;
2. 55° 38' 170.56 feet along Lot A of Waikoloa Beach
-9-
Resort—RM-6 Subdivision (File
Plan 2457);
3. 196° 12' 100.96 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
4. Thence along Lot B of Waikoloa Beach Resort—King's Course Resubdivision
No. 2 (File Plan 2462), on a curve to
the right with a radius of 20.00 feet,
the chord azimuth and distance
being:
239° 30' 10" 27.43 feet
to the point of beginning and
containing an area of 0.144 Acres.
AREA 5
Beginning at the Southwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "PU`U HINAI"
being 4,859.43 feet North and 33,907.85 feet West and thence running by azimuths
measured clockwise from True South:
I. Along Lot 2 of Waikoloa Beach Resort—Golf Villas Subdivision (File Plan
2376), on a curve to the left with a
radius of 760.00 feet, the chord
azimuth and distance being:
183' 43' 40" 502.66 feet;
2. 344° 25' 15.11 feet;
3. Thence on a curve to the right with a radius of 760.00 feet, the chord azimuth and
distance being:
350° 19' 30" 156.46 feet;
4. 356° 14' 306.32 feet;
5. Thence on a curve to the right with a radius of 20.00 feet, the chord azimuth and
distance being:
-10-
40° 31' 06" 27.93 feet;
6. 84° 48' 12" 65.28 feet to the point of beginning and
containing an area of 0.235 Acres.
AREA 6
Beginning at the South corner of this parcel of land, the coordinates of said point
of beginning referred to Government Survey Triangulation Station"PU`U HINAl"being
4,308.92 feet North and 33,786.00 feet West and thence running by azimuths measured
clockwise from True South:
1. 115° 38' 28" 726.58 feet along Lot R-1 of Waikoloa
Parcel 4 Subdivision No. 3 (File Plan
1712), same being the North side of
Waikoloa Beach Drive;
2. Thence along Lot R-1 of Waikoloa Parcel 4 Subdivision No. 3 (File Plan 1712),
same being the North side of
Waikoloa Beach Drive, on a curve to
the left with a radius of 1,030.00
feet, the chord azimuth and distance
being:
102° 00' 47" 485.37 feet;
3. 88° 23' 06" 130.49 feet along Lot R-1 of Waikoloa
Parcel 4 Subdivision No. 3 (File Plan
1712), same being the North side of
Waikoloa Beach Drive;
4. Thence along Lot R-1 of Waikoloa Parcel 4 Subdivision No. 3 (File Plan 1712),
same being the North side of
Waikoloa Beach Drive, on a curve to
the right with a radius of 940.00 feet,
the chord azimuth and distance
being:
89° 33' 33" 38.52 feet;
5. 180° 44' 11.95 feet along Lot 2 of Waikoloa Beach
Resort—Golf Villas Subdivision
(File Plan 2376);
-11-
6. 264° 48' 12" 1,172.28 feet along Lot 2 of Waikoloa Beach
Resort—Golf Villas Subdivision
(File Plan 2376);
7. Thence along Lot 2 of Waikoloa Beach Resort—Golf Villas Subdivision (File
Plan 2376), on a curve to the left
with a radius of 760.00 feet, the
chord azimuth and distance being:
203' 54' 06" 22.89 feet;
8. 264° 48' 12" 65.28 feet;
9. Thence on a curve to the left with a radius of 20.00 feet,the chord azimuth and
distance being:
220° 31' 06" 27.93 feet;
10. 176° 14' 306.32 feet;
11. Thence on a curve to the left with a radius of 760.00 feet,the chord azimuth and
distance being:
170° 19' 30" 156.46 feet;
12. 164° 25' 394.94 feet along Lot 2 of Waikoloa Beach
Resort—Golf Villas Subdivision
(File Plan 2376) and Lot 3 of
Waikoloa Parcel 4 Subdivision No. 3
(File Plan 1712);
13. Thence along Lots 3 and 4 of Waikoloa Parcel 4 Subdivision No. 3 (File Plan
1712), on a curve to the right with a
radius of 840.00 feet, the chord
azimuth and distance being:
179° 49' 15" 446.25 feet;
14. 285° 13' 30" 70.00 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
15. 195° 13' 30" 95.49 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
-12-
Subdivision (File Plan 2424);
16. 275° 42' 10.13 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
17. 15° 13' 30" 97.17 feet;
18. Thence on a curve to the left with a radius of 760.00 feet,the chord azimuth and
distance being:
359° 49' 15" 403.75 feet;
19. 344° 25' 394.94 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
20. Thence on a curve to the right with a radius of 840.00 feet, the chord azimuth and
distance being:
350° 19' 30" 172.93 feet;
21. 356° 14' 306.45 feet;
22. Thence on a curve to the left with a radius of 20.00 feet,the chord azimuth and
distance being:
312° 19' 17.5" 27.74 feet;
23. Thence along Lot B of Waikoloa Beach Resort—RM-6 Subdivision (File Plan
2457), on a curve to the right with a
radius of 1,560.00 feet,the chord
azimuth and distance being:
275° 16' 28" 372.92 feet;
24. 191° 10' 62.65 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
25. 223° 00' 219.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
26. 155° 42' 215.00 feet along Lot B of Waikoloa Beach
-13-
Resort—RM-6 Subdivision (File
Plan 2457);
27. 135° 00' 476.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
28. 173° 15' 106.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
29. 201' 08' 129.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
30. 166° 12' 191.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
31. 224° 46' 278.34 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
32. 95° 42' 435.88 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
33. 195° 13' 30" 54.03 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
34. Thence along Lot 8 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
left with a radius of 540.00 feet, the
chord azimuth and distance being:
178° 41' 45" 307.26 feet;
35. 162° 10' 140.67 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
36. Thence along Lot 8 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
right with a radius of 460.00 feet, the
-14-
chord azimuth and distance being:
184° 42' 30" 352.69 feet;
37. 207° 15' 341.29 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
38. Thence along Lot 8 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
right with a radius of 20.00 feet, the
chord azimuth and distance being:
248° 39' 54.4" 26.46 feet;
39. Thence along Lot 13 of Waikoloa Beach Resort—King's Golf Course
Subdivision (File Plan 2424), same
being the South side of Waikoloa
Beach Drive, on a curve to the left
with a radius of 2,040.00 feet,the
chord azimuth and distance being:
289° 25' 24.4" 46.77 feet;
40. 288° 46' 267.31 feet along Lot 13 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424), same
being the South side of Waikoloa
Beach Drive;
41. 18° 46' 65.86 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
42. 338° 28' 23.78 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
43. 357° 44' 130.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
44. 319° 31' 105.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
-15-
45. 314° 58' 169.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
46. 359° 20' 59.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
47. 305° 13' 43.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
48. 270° 39' 125.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
49. 257° 55' 95.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
50. 217° 37' 100.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
51. 184° 07' 72.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
52. 303° 21' 404.58 feet;
53. 273° 47' 569.52 feet;
54. 250° 08' 151.36 feet;
55. 244° 33' 457.04 feet;
56. 227° 29' 48.22 feet;
57. 209° 46' 32.81 feet;
58. 264° 41' 40.10 feet;
59. 241° 08' 41.49 feet;
-16-
60. 222° 26' 550.70 feet;
61. 203' 09' 69.96 feet;
62. 179° 26' 33.14 feet;
63. 223° 41' 14.22 feet;
64. 294° 43' 195.09 feet;
65. 272° 30' 388.79 feet;
66. 280° 42' 534.25 feet;
67. 317° 06' 94.21 feet;
68. 43° 05' 122.02 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
69. 87° 30' 333.53 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
70. 96° 16' 117.27 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
71. 74° 13' 45.05 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
72. 108° 52' 49.26 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
73. 95° 54' 49.77 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
-17-
74. 58° 42' 49.72 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
75. 48° 07' 48.72 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
76. 76° 35' 40.98 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
77. 130° 39' 33.76 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
78. 151° 29' 48.37 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
79. 102° 46' 26.28 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
80. 57° 40' 116.76 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
81. 92° 55' 152.57 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
82. 41' 02' 466.65 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
-18-
83. 44° 26' 233.24 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
84. 79° 45' 590.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
85. 321' 55' 317.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
86. 333° 05' 273.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
87. 30° 23' 134.82 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
88. 51' 40' 247.66 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
89. 89° 35' 68.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
90. 129° 40' 360.70 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
91. 137° 56' 517.89 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
-19-
92. 53° 12' 68.88 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
93. 340° 40' 371.98 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
94. 324° 43' 445.11 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
95. 347° 40' 70.51 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan 2462)
and Lot A of Waikoloa Beach Resort
—RM-6 Subdivision (File Plan
2457);
96. 31' 50' 366.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
97. 80° 30' 90.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
98. 131° 50' 95.77 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
99. 52° 20' 229.00 feet;
100. 322° 20' 25.00 feet;
101. 51' 57' 1,349.39 feet to the point of beginning and
containing an area of 95.191 Acres.
All as shown on the map attached hereto, marked Exhibit"A" and by reference
-20-
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
INSERT CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
-21-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-22-
CKumuHouPDREZ.crk.11.8.21
WAIKOLOA LAND COMPANY
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000005)
CONDITIONS OF APPROVAL
A. The applicant(s),its successor(s), or assign(s) (Applicant) shall be responsible for
complying with all of the stated conditions of approval.
B. The Applicant shall comply with all conditions of the State Land Use Decision
and Order(Docket No. A89-637) or any amendments thereto and the concurrent
SMA Use Permit.
C. This project area shall be called the Kumu Hou Project District.
D. The Kumu Hou Project District shall consist of not more than 133.822 acres of
land for multiple-family residential, commercial uses, community uses, golf
support facilities, support service facilities, open space and recreational areas,
pedestrian pathways and bikeways, and ancillary related improvements.
E. The maximum number of multiple-family residential timeshare units allowed
shall be 900 units. Any increase in the number of units shall require an
amendment to the Kumu Hou Project District Ordinance.
F. A minimum of 20.8 acres (including 17.8 acres of renaturalized lava) throughout
the Kumu Hou Project District, shall be set aside for open space and recreational
uses, which includes a minimum of three (3) acres of improved areas including
parks, trails, and the like, as represented in the Applicant's conceptual plans. As
represented by the Applicant, construction of the proposed gateway parks and
public access pathways shall be completed no later than issuance of the first
occupancy permit for the first multiple-family residential structure.
G. The following permitted uses are to be allowed in the Kumu Hou Project District
within the 133.822-acre development area:
1. Amusement and recreation facilities, indoor.
2. Art galleries,museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples, and synagogues.
-1-
7. Day care centers.
8. Convenience stores.
9. Community buildings.
10. Display for products sold elsewhere.
11. Dwellings, single-family.
12. Dwellings, double-family or duplex.
13. Dwellings, multiple-family.
14. Farmers Market.
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 25-4-13 of the Zoning
Code.
18. Major outdoor amusement and recreation facilities.
19. Medical clinics.
20. Meeting facilities.
21. Model homes.
22. Neighborhood parks,playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
23. Offices.
24. Personal services.
25. Photography studios.
26. Public and private utility uses and structures.
27. Real estate sales offices.
28. Restaurants.
29. Retail establishments.
30. Schools.
31. Security gates and security stations.
32. Spa and Fitness clubs.
33. Telecommunication antennas and towers as permitted under
Section 25-4-12 of the Zoning Code.
-2-
34. Theaters.
35. Time share units, including units with fractional ownership and short
term vacation rental units.
36. Utility substations, wastewater treatment plants, landscaping, and plant
nurseries, and vehicle maintenance service yards.
37. Visitor information center.
38. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the Applicant and approved by the
Planning Director.
39. Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Zoning Code and
Planning Department's Rule No. 17, Landscaping Requirements, and the
overall landscaping plan for the Waikoloa Beach Resort, as amended.
2. The height limit for structures within the project shall not exceed the
following:
a. Multiple-Family Residential Development: forty-five (45) feet.
b. Commercial, community use facilities, operation support facilities,
and golf course support facilities: forty (30) feet.
3. The minimum building site area in the Kumu Hou Project District shall be
fifteen thousand square feet.
4. The minimum yards (setback) shall be as follows:
a. Multiple-Family Residential Development:
(1) Front and rear yards: twenty feet; and
(2) Side yards: eight feet for a one-story building,plus an
additional two feet for each additional story.
b. Commercial Development, Community Uses, Golf Support
Facilities and Support Service Facilities:
(1) Front and rear yards: fifteen feet; and
-3-
(2) Side yards: none, except where the side yard adjoins the
side yard of a building site used for purposes allowed in RS
or RM zones, the yard setback appropriate for the RS or
RM district shall be used.
5. The minimum off-street parking and loading space requirements for the
Kumu Hou Project District will comply with the minimum standards as
required by the Zoning Code, including compliance with the American
Disabilities Act(ADA) requirements.
L All project utilities shall be underground.
J. The Applicant shall secure necessary potable water from the Waikoloa Water
System through the execution of an extension agreement and payment of a
Contribution in Aid of Construction fee and meeting with the standards of the
appropriate governmental agencies prior to issuance of a building permit for any
use in the Kumu Hou Project District.
K. All residential, commercial, community use facilities, golf course support
facilities and timeshare operations facilities shall connect to the Waikoloa Beach
Resort Wastewater Treatment Plant, meeting with the approval of the appropriate
governmental agencies. As represented by the Applicant, all development related
wastewater shall be treated to an R-1 (tertiary)water quality standard and shall be
used for irrigation of landscaping or other beneficial reuse to the maximum extent
feasible.
L. The interior roadway requirements for the Kumu Hou Project District may be
designed to resort standards as allowed by the Subdivision Code.
M. The Applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
N. An updated Traffic Impact Assessment Report(TIAR) shall be submitted to the
Planning Department for review and approval prior to issuance of Site Plan
Approval for the 400th multiple-family residential unit within the Kumu Hou
Project District. The TIAR shall include prior consultation with the State
-4-
Department of Transportation, which shall so be noted in the TIAR. Upon receipt
of the TIAR, the Planning Department shall submit it to the State Department of
Transportation and the County Department of Public Works for a maximum 90-
day review and comment period. Within 150 days of receipt of the TIAR, the
Planning Department shall complete its review, comment, and decision regarding
acceptance of the TIAR. The TIAR shall recommend any appropriate traffic
mitigation measures; provided, however,that any suggested off-site traffic
mitigation measures shall be based on an implementable pro-rata approach, with
appropriate credits being given for existing,prior, or future off-site infrastructure
improvements. In the event the mitigation requires pro-rata contributions, and the
State Department of Transportation is unable to provide a legally acceptable and
equitable pro-rata program within 180 days of acceptance of the TIAR,to avoid
double assessment and assure the timely processing of construction permits,
payment of the fair share funds to support road and traffic improvements, as
required under Condition Y of this ordinance, shall be deemed to have satisfied by
this requirement.
O. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works for
review and approval prior to issuance of Site Plan Approval for any phase of the
project. Any recommended drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy for any structure.
P. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code.
Q. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
-5-
R. The Applicant shall comply with the State Department of Health's regulations and
rules related to, but not limited to, Underground Injection Systems, Air Pollution,
Food Establishment Sanitation, Water Quality, and Community Noise.
S. A Solid Waste Management Plan shall be prepared and submitted to the
Department of Environmental Management for review and approval prior to the
issuance of Site Plan Approval for any phase of the development.
T. Approval of an archaeological inventory survey of the Kumu Hou Project District
area shall be secured from the Department of Land and Natural Resources - State
Historic Preservation Division (DLNR-SHPD) prior to issuance of Site Plan
Approval for any phase of the development.
U. Approval of an archaeological preservation plan addressing the preservation of
Sites 26871 and 26873 and portions of Site 31230 as well as maintenance
agreements and updated preservation treatments along a portion of the Ala Loa
(Forerunner) trail in proximity to"Area A" of the Kumu Hou at Waikoloa project
or as otherwise may be required by an approved AIS, shall be secured from the
Department of Land and Natural Resources - State Historic Preservation Division
(DLNR-SHPD) prior to issuance of Site Plan Approval for any phase of the
development. Approved buffer areas shall be depicted on any site plans for Site
Plan Approval, subdivision approval, or other land alteration permits. Interim
preservation measures shall be in place prior to the initiation of any construction
or land disturbance activity in the project area.
V. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work,the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
W. Pursuant to Hawaii County Code, Section 25-2-46(o) (Concurrency
Requirements) the Applicant shall provide a Civil Defense siren and associated
-6-
maintenance access easements within the project area as required by the State
Civil Defense prior to issuance of Certificate of Occupancy for any structure
within the Kumu Hou Project District project area.
X. The subject property is identified as a Formerly Used Defense Site (FUDS) by the
U.S. Army Corps of Engineers, who will manage the investigation, clean-up and
long-term monitoring on lands formerly used as an artillery firing range. For
more information, please contact Honolulu District Public Affairs,US Army
Corps of Engineers 808-835-4004/4002,
hiip://www.12oh.usace.army.mil/Missions/Environmental/FUDS.aspx or
www.poh.usace.army.mil.
Y. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Site Plan Approval for each project
phase and shall be based on the actual number of additional residential units
(inclusive of time share units) or lots created. The fair share contribution in a form
of cash, land, facilities, or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually beginning
three (3)years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HOPI). The fair share contribution
shall have a combined value of$9,662.28 per multiple family residential unit or
lot($15,057.57 per single family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit or lot(single family residential unit or lot) shall be
allocated as follows:
1. $4,766.13 per multiple family residential unit or lot($7,261.03 per single
family residential unit or lot)to the County to support park and recreational
improvements and facilities;
2. $150.63 per multiple family residential unit or lot($350.27 per single family
residential unit or lot)to the County to support police facilities;
-7-
3. $463.37 per multiple family residential unit or lot($691.83 per single family
residential unit or lot)to the County to support fire facilities;
4. $206.52 per multiple family residential unit or lot($302.89 per single family
residential unit or lot)to the County to support solid waste facilities; and
5. $4,075.63 per multiple family residential unit or lot($6,451.55 per single
family residential unit or lot)to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the Applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
Z. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
AA. Comply with all other applicable County, State and Federal laws, rules,
regulations, and requirements.
BB. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report
shall include, but not be limited to, the status of the development and the extent to
which the conditions of approval are being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisfied and the
Planning Director acknowledges that further reports are not required.
CC. Should any of the conditions not be met or substantially complied with the
Planning Director may initiate rezoning of the subject area to its original or more
appropriate designation.
-8-
OPEN
AREA 2 M- �� A-5a PEN
OPEN RM-6
VILLAGE-COMMERCIAL(CV-10) M-8
TO AREA 6
PROJECT DISTRICT(PD)
4.505 ACRES PEN
TO
A-5a PROJECT DISTRICT(PD)
OPEN RM-3 4 / 93.191 ACRES OPEN
AREA 1 i OPEN
MULTIPLE-FAMILY RESIDENTIAL(RM-6) RM-8 RM-6 7,819.70'N
TO
29,422.45'W PROJECT DISTRICT(PD) RM-6 "PUU HINAI"
12.027 ACRES OPEN RM-6
7,232.42'N
32,849.12'W
Puu HINAI" OPEN
RM-3 K ° OPEN
OPEN RM-4
OPEN �o�a�ara0
RM-1.5
OPEN
A-5a
EN
4.859 43'N
33,907.85'W
"PUU HINAI" OPEN
AREA 4
�y1Qy
OPEN(0)
RM-4 j�G TO
PROJECT DISTRICT(PD)
4,838.74'N �J 0.144ACRES
1-yq�
33,353'W ,rJ
KOC "PUU HINAI" AREA 3
CV-10 OPEN AcNpR oJ��� MULTIPLE-RESIDENTIAL(RM-0)
A-5a TO
PE PROJECT DISTRICT(PD)
21.720 ACRES
4,308.92'N
33,786.00'W
"PUUHINAI" OPEN AREAS
MULTIPLE-FAMILY RESIDENTIAL(RM-4)
TO
RM-6 PROJECT DISTRICT(PD) A-5a
�0�(-0 0.235 ACRES
OPEN A-5a
Feet
0 1,000 2,000 3,000 4,000 5,000 6,000
AMENDMENT TO TIDE ZONING CODE
AMENDING SECTION 25-8-9 (PUAKO-ANAEHOOMALU ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
OPEN (0), MULTIPLE-FAMILY RESIDENTIAL (RM-4), MULTIPLE-FAMILY RESIDENTIAL (RM-6),
MULTIPLE-FAMILY RESIDENTIAL (RM-8) and VILLAGE-COMMERCIAL (CV-10) TO
PROJECT DISTRICT (PD)
AT WAIKOLOA, SOUTH KOHALA, HAWAII
TMK:(3)6-9-008:por.13,22, MAP PREPARED BY:
25,por.29 and 33 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:July 27,2021
EXHIBIT"A" Waikoloa Land Co.-Area B
Map: 1429