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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2021-004) RKumuHouREZ04-10/19/21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WAIKOLOA LAND COMPANY CHANGE OF ZONE APPLICATION NO. PL-REZ-2021-000004 Upon careful review of the applicant's request against the guidelines for granting a Change of Zone, the Planning Director is recommending that a favorable recommendation of the request for a Change of Zone from an Open and Multiple-Family Residential-8,000 square feet (RM-8) zoning district to a Multiple-Family Residential-6,000 square feet(RM-6) and Single-Family Residential-10,000 square feet(RS-10) zoning district be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The Waikoloa Land Company has requested a Change of Zone from an Open and Multiple-Family Residential-8,000 square feet(RM-8) zoning district to a Multiple- Family Residential-6,000 square feet(RM-6) and Single-Family Residential-10,000 square feet(RS-10) zoning districts for 45.9 acres of land identified as "Area A" of the proposed Kumu Hou at Waikoloa project. The applicant is specifically requesting the following: ■ Rezone portions of Parcel 021,which is 22.609 acres from RM-8 to RM-6 ■ Rezone portions of Parcel 021, 027, 028, 031 which is 16 acres from Open to RM-6 ■ Rezone portions of Parcel 021,which is 4.1 acres from RM-8 to RS-10. ■ Rezone portions of Parcel 021 and 028, which is 3.3 acres from Open to RS-10. The requested Change of Zone is part of the Kumu Hou at Waikoloa project encompassing a total of approximately 189.2 acres. "Area A" of the Kumu Hou project encompasses 45.9 acres of land and will include the following components: ■ Up to 264 multi-family residential units already located on the Resort's existing master plan, which could be marketed as timeshare units; -1- ■ Up to 25 single-family residential lots; and ■ Associated landscaping, internal roads, cart paths, employee and other parking and related infrastructure, as consistent with the proposed uses. The 264 timeshare units that are already located within the resorts existing master plan currently span over several zoned parcels that are located within an area in "Area B". This request would be to consolidate the timeshare units to two large parcels as a part of a land exchange between the applicant and the Hilton Grand Vacations. "Area A" consists of three (3) sub-areas: "JI" and"J2", which will include the proposed entitled 264 multi-family time share units and related improvements, and sub- area"L2"which is proposed to include 25 single-family lots. Access to sub-areas: "J1" and"J2"will be from Waikoloa Beach Drive (North) via Puakala Place, an existing,two- way, two-lane private roadway that currently accesses a Hilton Grand Vacations operations center. This roadway is shown on the public access plan as a"Proposed Roadway with Sidewalks."Access to sub-area"L2"will be via an easement over a proposed roadway through the `Ainamalu residential subdivision being developed to the north of"Area A". The Kumu Hou 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 development will be dependent on a myriad of factors (e.g., economic, market, finance, community, environmental, etc.)that will manifest over time. With this in mind, the Planning Director believes that since this is an established resort and any long-range plans for the area will not change over time, a construction timetable for the Kumu Hou at Waikoloa project is not warranted. Finally, the applicant has concurrently submitted two Special Management Area Use Permit requests to develop the 264 multi-family timeshare units and 25 single family residential lots and other related infrastructure within a portion of land identified as "Area A" of the proposed Kumu Hou at Waikoloa Project. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only -2- through such a comprehensive policy analysis approach that evaluations and decision can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from an Open (0) and Multiple Family Residential-8,000 square feet(RM-8)zoning district to Multiple Family Residential- 6,000 square feet(RM-6) and Single Family Residential-10,000 square feet(RS-10) zoning district conforms to, among others, applicable goals, policies and standards of the General Plan and the South Kohala Community Development Plan (CDP). In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. Resort developments are created to satisfy the needs and desires of both the visitors and residents. Such areas have basic amenities and attributes which attract the development of visitor accomodations and related facilities. Almost every successful resort area has a harmonious combination of certain characteristics, such as climate, scenery, recreational amenities and other man-made facilities. In this instance,the proposed project area is located within the Waikoloa Beach Resort complex, which encompasses approximately 1,353 acres between the Queen Ka`ahumanu Highway and the ocean and includes open spaces (two, 18-hole golf courses and natural lava fields), three (3)resort hotels and timeshare developments,resort residential multi- and single- family units,two commercial shopping centers, performance amphitheater, a golf clubhouse, a beach clubhouse and related improvements. The proposed zoning would provide visitors and residents with residential and recreational amenities and is intended to be accessory and complementary to the existing adjacent resort facilities and will -3- conform to, among others,the following applicable goals, policies and standards of the General Plan Economic, Environmental,Natural Beauty and Land Use Element. The Land Use Pattern Allocation Guide (LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic 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. The proposed Multiple-Family Residential and Single-Family Residential zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the project area as Resort Node (ren). Such designation allows 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. The LUPAG Map also designates the entire property's Queen Ka`ahumanu Highway frontage and along the shoreline as Open Area, which is generally for parks, historic sites and open spaces. As part of the development, the applicant is also proposing to provide a minimum of 12.8 acres of open space land within "Area A" as naturalized lava. Furthermore, while this area is not considered a coastal development, proposed public access facilities will be developed to connect the Kumu Hou project subarea J1 and J2 of"Area A"to 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. The State Land Use Designation for the property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. Additionally, the project area is covered by the South Kohala Community Development Plan (SKCDP), which was adopted by the Hawaii County Council by Ordinance No. 2008-159 on November 20, 2008. -4- 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-I 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 are not explicitly directed at resort areas, they are built into the proposed development proposal for the Kumu Hou project. Based on the preceding, the requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG)Map for this area and the goals, policies and standards of the Land Use (Resort) elements of the General Plan. All essential utilities and services are available to the site. The Waikoloa Beach Resort is serviced by a private water system meeting the standards and requirements of the Department of Water Supply. It is anticipated that the increase in water use will still be within acceptable amounts for the private system. The subdivision is also serviced by a private wastewater system meeting the standards and requirements of the Department of Health. Conditions of approval will require the applicant to install and/or upgrade any necessary water and sewer lines to connect to the private water and sewer lines within the adjacent streets. 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 for the 25 residential lots as the 264 timeshare units were already approved for and located within the Waikoloa Beach -5- Resort master plan. Electrical services will be provided by Hawaiian Electric—Hawai`i Island. All other essential utilities and services are available to the property. 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 including at Queen Ka`ahumanu Highway/Waikoloa Beach Drive (South); Queen Ka`ahumanu Highway/Waikoloa Beach Drive (North); and Queen Ka`ahumanu Highway/Mauna Lani Drive and found that all three intersections currently operate at acceptable levels-of-service (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 due to the lack of accurate traffic data attributed to the ongoing Covid-19 pandemic at the time of the study. For purposes of 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 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, shuttle services, and the preparation of additional traffic studies to verify projected traffic after the completion of the 676 residential/timeshare unit or if project conditions should change significantly. After review of the draft TIR, the State DOT provided comment disagreeing with some of the TIRs analysis and resulting findings, the most significant of which is the study's reliance on the yet to be programmed widening of Queen Ka`ahumanu Highway in the vicinity of the project. DOT requested that the TIR be revised to re-analyze future -6- traffic conditions without the widening assumption (which may have a direct, negative impact on LOS findings). Additionally, DOT further requested that the report be updated to identify future direct impacts from the project to State roadways (if any), identify appropriate mitigation measures and 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, and articulate fair share agreements for regional improvements, as well as other standard DOT requirements. 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. Additionally, the applicant has stated that they and other owners within the WBC have already satisfied all obligations to mitigate direct impacts and regional improvement by installing a four-way, channelized, signalized intersection at Queen Ka`ahumanu Highway and the Waikoloa Beach Road extension,thus no fair share agreements for improvements are necessary at this time. As the 264 timeshare units were previously entitled and addressed in past ordinances for the area of the Waikoloa Beach Resort and this rezone is being done to effectuate a land swap, the applicant has proposed to complete a new TIAR once the development of 400 timeshare units have been completed within "Area B" of the Kumu Hou Project. 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 DOT. The Director agrees with the need to provide an updated TIAR as recommended in the TIR. 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 -7- 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. The subject property is in the Formerly Used Defense Sites (FUDS) Boundary of the former Waikoloa Maneuver Area. The U.S. Army Corps of Engineers will manage any investigations, clean-up and long-term monitoring on land that have potential unexploded ordinances for precautionary measures. A condition of approval will require the applicant to consult with the Army Corps of Engineers to address not only the area within the project area, but also the passive recreational areas where people may walk or bike. 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. The request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is situated fully within the Special Management Area but is not considered a"shoreline"property as its closest point to the shoreline is located approximately 5,400 feet from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. As stated above, the applicant has submitted two concurrent requests for a Special Management Area (SMA) Use Permit to allow for the proposed development within "Area A" of the Kumu Hou Development. Furthermore,while this area is not considered a coastal development, proposed public access facilities will be developed to connect"Area A" of the Kumu Hou development to 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. There are no irresolvable geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The Flood -8- Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X",which is an area of minimal flood hazard, and the applicant will be required to ensure that all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. An air quality analysis was conducted by the applicant determined that no long- term air quality impacts associated with the project area would not exceed state and federal thresholds. Short-term air quality impacts are proposed to be mitigated by adhering to propose erosion control measures, utilizing low emission mobile construction equipment, maintaining construction equipment engines, and using low sulfur fuel for construction equipment to the extent practicable. For the purpose of promoting health, safety, and the general welfare of the County, the Zoning Code regulated and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street marking, setbacks, size of yards, courts, and other spaces, the density of population, and the located and use of buildings, structures, and land for trade, industry, residence, or other purposed. Impacts associated with this project development such as historical, visual, traffic, drainage and design concerns have been assessed and will be mitigated through conditions of approval. Therefore, the request would not reasonably burden the public agencies to provide roads and streets, sewers, water, drainage and school improvements, and police and fire protection. The proposed change of zone would allow for uses which complement the multiple family and single family residential uses established in the Waikoloa Beach Resort area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" 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 of the subject property was completed by Haun &Associates in May 2021 and amended in -9- 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. Finally, a Biological Survey report dated May 2021 by Geometrician Associates, LLC that included results of field surveys conducted in May 2020 and November 2020 for the entirety of the project area was submitted with the application. The valuable cultural, historical, and natural resources found in the rezoning rea. The most recent draft AIS identified a total of 14 sites with associated features, including nine (9) sites previously identified and five (5)newly identified sites. While none of the sites identified in the AIS were located within sub areas JI and J2 of"Area A", the subject area does border the Ala Loa(Forerunner)trail and the Planning Department received comments from the State Nd Ala Hele Trail & Access Program (Nd Ala Hele) and Ala Kahakai National Historic Trail Program (Ala Kahakai) for preservation measures for the portions of"Area A" of the Kumu Hou project that border the Ala Loa (Forerunner) trail. Based on consultation with the State Nd Ala Hele Trail & Access Program (Nd Ala Hele) and Ala Kahakai National Historic Trail Program (Ala Kahakai) the applicant has agreed to uphold further preservation agreements for a segment of the Ala Loa (Forerunner) trail, located outside of and adjacent to sub-area J2 of"Area A" of the proposed Kumu Hou project area. These agreements include removal of ironwood trees encroaching on the trail and within its existing 10-foot buffer,the removal of ironwood duff that blows onto the trail/buffer area, and the establishment of an additional 30-foot buffer and"vegetative transition"between the trail and any buildings that are proposed for sub-area J2 of"Area A." The State Historic Preservation Division (SHPD) reviewed the August 2021 draft AIS and asked the applicant to incorporate the comments Nd Ala Hele and Ala Kahakai provided in a revised draft of the AIS,which they did. However, at the date of this writing SHPD has not responded to a request for comment on the October 2021 draft AIS. Based on the preceding, a condition of this approval will require the applicant to prepare and secure the Planning Director's and SHPD's approval of an archaeological preservation plan prior to commencing any land alteration activities. 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 -i0- 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. These recommendations were complied with during development of the subject application. 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. 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 and although not detected during the survey, it is possible that small numbers of the endangered endemic Hawaiian Petrel,the endangered band rumped storm petrel, and the threatened Newell's shearwater birds fly over the area between summer and fall. Finally, Hawaiian hoary bats are assumed to be present and have been detected in kiawe forests of West 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 this permit should minimize impacts and protect native Hawaiian rights. Native vegetation may be destroyed by ground alteration 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 permit area that would support any traditional resource uses. Any project related impacts on endangered or threatened fauna will be addressed by conditions of approval 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 -11- uncovered during development activities, a condition of approval will be added to address and mitigate any inadvertent finds. 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 governmental requirements may include the issuance of building permit, 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 and Multiple Family Residential 8,000 square feet (RM-8) to a Multiple Family Residential 6,000 square feet(RM-6) and Single Family Residential-10,000 square feet(RS-10)zoning 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 (Puak6-`Anaeho`omalu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -12- 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)AND MULTIPLE-FAMILY RESIDENTIAL (RM-8) TO MULTIPLE- FAMILY RESIDENTIAL (RM-6) AND SINGLE-FAMILY RESIDENTIAL (RS-10) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-9-008:021, POR. 027, POR. 028 AND POR. 031. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL 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 Multiple-Family Residential (RM-6) and Single-Family Residential (RS-10): AREA 7 Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being 8,289.79 feet North and 33,301.35 feet West and thence running by azimuths measured clockwise from True South: 1. 283' 43' 45" 21.11 feet along Lot I of Mauna Lani Resort—Na Ala Hele Road Subdivision (File Plan 2401); 2. 242° 09' 03" 2,698.65 feet along Lot I of Mauna Lani -1- Resort—Na Ala Hele Road Subdivision (File Plan 2401); 3. 330° 42' 207.67 feet; 4. 75° 27' 194.15 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 5. 37° 30' 67.46 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 6. 19° 24' 56.15 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 7. 47° 03' 57.54 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 8. 13° 00' 55.71 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 9. 39° 45' 49.80 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 10. 53° 06' 105.95 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 11. 70° 58' 105.89 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); -2- 12. 48° 18' 74.51 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 13. 32° 26' 95.34 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 14. 58° 31' 85.34 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 15. 54° 41' 103.46 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 16. 6° 24' 59.18 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 17. 66° 27' 297.54 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 18. 57° 53' 338.31 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 19. 46° 38' 170.56 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 2 (File Plan 2462); 20. 139° 38' 76.23 feet along Lot 14 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 21. 61' 29' 102.00 feet along Lots 14 and 10 of -3- Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 22. 78° 50' 409.00 feet along Lot 10 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 23. 72° 50' 491.00 feet along Lot 10 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 24. 63° 40' 230.47 feet along Lot 10 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 25. 209° 36' 49.67 feet along Lot 9 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 26. 204° 40' 84.88 feet along Lot 9 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 27. 207° 27' 165.57 feet along Lot 9 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 28. 212° 30' 82.34 feet along Lot 9 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424) to the point of beginning and containing an area of 22.238 Acres. AREA 8 Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being 9,545.44 feet North and 30,894.75 feet West and thence running by azimuths measured clockwise from True South: 1. 242° 09' 03" 669.56 feet along Lot 1 of Mauna Lani -4- Resort—Na Ala Hele Road Subdivision (File Plan 2401); 2. 332° 09' 03" 401.64 feet along Lot 2 of`Ainamalu at Waikoloa Beach Resort Large Lot Subdivision (File Plan 2503) and Lot 7 of`Ainamalu at Waikoloa Beach Resort, Increment 1 (File Plan 2502); 3. 86° 30' 187.94 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 4. 75° 27' 506.67 feet along Lot B of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 5. 150° 42' 465.03 feet to the point of beginning and containing an area of 4.449 Acres. AREA 9 Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being 7,953.10 feet North and 33,481.87 feet West and thence running by azimuths measured clockwise from True South: 1. 243° 40' 230.47 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 2. 252° 50' 491.00 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 3. 258° 50' 409.00 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan -5- 2464); 4. 241' 29' 102.00 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 5. 319° 38' 76.23 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 6. 226° 38' 170.56 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 7. 237° 53' 338.31 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 8. 246° 27' 297.54 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 9. 186° 24' 59.18 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 10. 234° 41' 103.46 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 11. 238° 31' 85.34 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 12. 212° 26' 95.34 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan -6- 2464); 13. 228° 18' 74.51 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 14. 250° 58' 105.89 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 15. 233° 06' 105.95 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 16. 219° 45' 49.80 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 17. 193° 00' 55.71 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 18. 227° 03' 57.54 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 19. 199° 24' 56.15 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 20. 217° 30' 67.46 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 21. 255° 27' 194.15 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan -7- 2464); 22. 330° 42' 257.36 feet; 23. 49° 13' 69.98 feet; 24. 30° 41' 56.39 feet; 25. 50° 41' 59.65 feet; 26. 42° 00' 52.72 feet; 27. 17° 48' 46.73 feet; 28. 354° 13' 50.98 feet; 29. 49° 15' 9.31 feet; 30. 65° 59' 454.40 feet; 31. 55° 32' 282.54 feet; 32. 61' 16' 377.75 feet; 33. 70° 51' 65.21 feet; 34. 80° 17' 103.03 feet; 35. 77° 22' 103.47 feet; 36. 46° 53' 140.42 feet; 37. 51' 45' 30" 60.04 feet; 38. 47° 40' 37.79 feet; 39. 58° 36' 61.79 feet; 40. 81° 04' 157.28 feet; 41. 82° 12' 192.35 feet; 42. 65° 59' 451.86 feet; 43. 82° 23' 510.41 feet; -8- 44. 219° 04' 44.72 feet along Lot 9 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424); 45. 209° 36' 151.42 feet along Lot 9 of Waikoloa Beach Resort—King's Golf Course Subdivision (File Plan 2424) to the point of beginning and containing an area of 16.353 Acres. AREA 10 Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being 9,364.34 feet North and 30,793.12 feet West and thence running by azimuths measured clockwise from True South: 1. 255° 27' 506.67 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 2. 266° 30' 119.36 feet along Lot A of Waikoloa Beach Resort—King's Course Resubdivision No. 1 (File Plan 2464); 3. 35° 30' 43.50 feet; 4. 12° 07' 80.91 feet; 5. 3° 44' 95.43 feet; 6. 357° 09' 40.79 feet; 7. 90° 44' 116.04 feet; 8. 83° 55' 46.89 feet; 9. 58° 39' 121.21 feet; -9- 10. 71' 27' 61.68 feet; 11. 90° 17' 55.87 feet; 12. 68° 14' 61.02 feet; 13. 150° 42' 257.36 feet to the point of beginning and containing an area of 2.892 Acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference 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. -10- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -11- CKumuHouREZ.doc-10/18/2021 WAIKOLOA LAND COMPANY CHANGE OF ZONE APPLICATION (PL-REZ-2021-000004) 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 concurrent SMA Use Permits. C. Prior to construction, as substantially represented by the Applicant, or as permitted by its zoning district classification, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),Hawaii County Code. D. A minimum of 12.8 acres shall be set aside for open space as natural lava, as represented in the Applicant's conceptual plans. E. All project utilities shall be underground. F. 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 Area. G. All residential 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. H. The interior roadway requirements for the Kumu Hou Project District may be designed to resort standards as allowed by the Subdivision Code. I. The Applicant shall disclose to all potential buyers of lots or units within the proposed project that internal infrastructure and community facilities shall be -1- developed and maintained privately and that the County is not obligated to construct any public facilities within the project area. J. 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 Final 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. K. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. L. 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. M. 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. N. 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 Final Plan Approval. O. 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. P. Approval of an archaeological preservation plan addressing the preservation, 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 Final Plan Approval for -2- any phase of the development. Approved buffer areas shall be depicted on any site plans for Final 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. Q. 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. R. Pursuant to Hawaii County Code, Section 25-2-46(0) (Concurrency Requirements) the applicant shall provide a civil defense siren and associated maintenance access easements within the project area as required by the State Civil Defense prior to issuance of a Certificate of Occupancy for any phase of the proj ect. S. 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, http://www.12oh.usace.army.mil/Missions/Environmental/FUDS.aspx or www.poh.usace.army.mil. T. 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 not apply to the 264 multi family residential timeshare units. The fair share shall become due and payable prior to receipt of Final Subdivision Approval for each phase. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, -3- facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three 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 maximum combined value of$15,057.57 per single family residential unit or lot. The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit or lot shall be allocated as follows: 1. $7,261.03 per single family residential unit or lot to the County to support park and recreational improvements and facilities; 2. $350.27 per single family residential unit or lot to the County to support police facilities; 3. $691.83 per single family residential unit or lot to the County to support fire facilities; 4. $302.89 per single family residential unit or lot to the County to support solid waste facilities; and 5. $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, successors, or assigns 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. U. 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. V. Comply with all other applicable County, State and Federal laws, rules, regulations, and requirements of affected agencies for approval of the proposed development within the subject property. -4- W. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this 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. X. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- OPEN RM-4 / PEN AREA 8 A-50 / MULTIPLE-FAMILY RESIDENTIAL(RM-8) / TO / SINGLE-FAMILY RESIDENTIAL(RS-10) RM-4 //PM-4 4.449 ACRES A-5G PEN OPEN 9545.44'N R(1/(- 36,894 .75'W 4 PUUHINAI" RM-6 AREA 7 MULTIPLE-FAMILY RESIDENTIAL(RM-8) A-50 TO MULTIPLE-FAMILY RESIDENTIAL(RM-6) ; 22.238 ACRES `-3 R -4 OPEN 4 / A-5G / RM-6 8,24979'"/ / 9,364 34'N RM-3 33,301.35'W 30,793.12'W/ 7,953.10'N RM-3 OPEN 33,481.87'W "PUUHINAI" Saar RM-6 ec OPEN OQk.� RM-6 v°e OPEN AREA 10 o��vE RM-3 To 4eso� RM-4 �pKO�OPBEPCH OPTNOiO) SINGLE-FAMILY RESIDENTIAL(RS-10) N OPEN RM-4 2.892 ACRES OP CV-10 AREA 9 RM-8 OPEN(0) OPEN TO MULTIPLE-FAMILY RESIDENTIAL(RM-6) 16.353 ACRES OPEN 2 OPEN RM-8 Feet 0 500 1,000 1,500 2,000 2,500 3,000 3,500 AMENDMENT TO THE 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) and MULTIPLE-FAMILY RESIDENTIAL (RM-8) TO MULTIPLE-FAMILY RESIDENTIAL (RM-6) and SINGLE-FAMILY RESIDENTIAL (RS-10) AT WAIKOLOA, SOUTH KOHALA, HAWAI'I TMK:(3)6-9-008:21,por.27, MAP PREPARED BY: por.,28 and por.31 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:July 27,2021 EXHIBIT"A" Waikoloa Land Co.-AreaA Map: 1428