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HomeMy WebLinkAboutCOM 0601.004 2020-2022 Ashley L. Kierkiewicz Office:(808)961-8265 Council MemberFax: (808)961-8912 District 4 Puna ashley.kierkiewicz@hawaiicounty.gov HAWAII COUNTY COUNCIL Hawaii County Building 25 Aupuni Street - Hilo,Hawaii 96720 C:) TO: Maile Medeiros David, Council Chair C= and Members of the Hawaii County Council FROM: Ashley L. Kierkiewicz, Council Member -n- C—, DATE: March 1, 2022 SUBJECT: Bill No. 115 Additional Material Please see the attached additional material to be presented with Bill No. 115. The attached material summarizes comments made during the February 18, 2022 Planning Committee Meeting. Mahalo. AK/js Att. 4 Comm. 4101 Serving the Interests of the People of Our Island FEB 2 q 2022 Hawai'i County is an Equal Opportunity Provider and Employe SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212-Hilo,Hawaii 96720 Planning-Variance-Zoning Telephone:(808)969-1522-Cell:(808)989-0640 Subdivision-Land Use Permits E-mail:sidfuke@hawaiiantel.net Environmental Reports HAND DELIVERED February 28, 2022 C--) r4,4 X r- Ms. Ashley Kierkiewicz, Chair ---4= Planning Committee co CD COUNTY OF HAWAII 25 Aupuni Street Hilo,Hawaii 96720 Honorable Chair Kierkiewicz: Subject: Proposed Conditions—Kumu Hou (LBUI No. 11 On February 8, 2022 and again on February 22, 2022,members of your Committee responsibly raised pertinent questions regarding the Kumu Hou project. The applicant has taken those questions and robust discussions to heart and, as a result, it would like to propose a number of conditions (attached)that not only address them but, in the end and with your help, will make Kumu Hou a much better project for our island community. Councilmember Lee Loy,whose concerns were emotionally emphasized by a public testifier,noted the need for clearly placed automated extemal defibrillators (AED) within the project. That is a concern shared by the applicant and, in addition to taking immediate remedial action,the applicant is proposing an amendment to Condition H that mandates inclusion of these AEDs. Concern was raised, most notably by Councilmember Kimball,regarding the potential development of the remaining 27 holes of golf and if so,the resultant loss of open space and the potential increased density within the Resort. The applicant emphatically noted that retention of the area for golf course use and/or open space, as well as staying within the approved overall density cap of the Resort, is very important to the success and ambiance of the Resort. As such, it intends to reserve that area for golf course or open space use, and a new condition confirming this representation is being proposed. While there was widespread support of Kumu Hou's planned affordable/workforce housing component,there was a hope and desire that more could be developed. In that regard, the applicant represented that it would be prepared to construct more units,provided that there were no on-site archaeological/cultural constraints and that the required entitlements can be secured from all of the appropriate governmental agencies. Honorable Chair Kierkiewicz, Planning Committee February 28, 2022 Page 2 Since the February 22 meeting,there was a confluence of three (3) circumstances that inspired the applicant to really try to fmd ways to address the goal of providing more affordable housing. First was hearing the heartfelt comments of Chair David and Councilmember Villegas —as with so many public testifiers - stressing the need for and importance of affordable housing. Then,there was a discussion with Councilmember Kimball who suggested to us the importance of"thinking outside the box". Additionally,we heard and read about Councilmember Chung's proposed Bill 111 that earmarks a portion of the special tax on bury second homes for homeless programs and housing. Finally,we heard several public testifiers, as well as Chair David and Councilmembers Kimball,Villegas, Inaba and others, express concerns about changes brought about by tourism generally, especially when it intrudes into what were previously areas enjoyed mostly by locals With those concerns and suggestions in mind,the applicant is now proposing two (2) conditions that could help address affordable and/or workforce housing, as well as more County tools for tourism management. The first is an amendment to Condition Z that would,while still committing to a minimum of 140 units,not necessarily restrict its construction to only one parcel but to other areas within the Resort. The applicant did not want to have any on-site constraints, particularly archaeological or cultural,hamper its ability to deliver those units. The second condition is tied in with the Waikoloa Foundation. As you know, some Councilmembers wanted some sort of assurance that the representation of having a percentage of the sales of the timeshare go into the Waikoloa Foundation. This is being proposed as a new amendment. What is new and unique,however, is earmarking one-fourth(1/4)or 25%of the planned 2% of the funds to go directly to an agency or program the County so instructs or designates to support affordable housing and/or tourism management initiatives. The applicant projects that over time,the 2% allocation would generate in the neighborhood of$50 million;therefore 25%of that could result in$12.5 million in new funds to be provided to the County over time. These funds, at the direction of the Council,could help support tourism management initiatives and/or other affordable housing initiatives it chooses, including the development of the County's Kamakoa Nui workforce housing project on the 300 acres of land donated by the applicant a number of years ago. Comments about the project's impact on the Waimea Aquifer were raised not only by some members of the public but particularly Councilmembers Inaba and Kaneali'i-Kleinfelder. In a letter to the Council,the applicant's consulting hydro-geologist, Mr. Tom Nance of Tom Nance Water Resource Engineering wrote that"Kumu Hou could reduce its use of groundwater Honorable Chair Kierkiewicz, Planning Committee February 28, 2022 Page 3 from the Waimea Aquifer so that the project's net draft from the Aquifer would be zero." This would be done by converting the use of potable with brackish water for irrigation and the implementation of various conservation measures, including and installation of more drought and native plant species throughout the Resort. The applicant agrees with the recommendations so that Kunm Hou's "net draft from the Aquifer would be zero." As such, it is proposing a condition that reflects that commitment. Finally, in response to Councilmember Villegas' question,the applicant noted its willingness to offer the Kings Trail to the appropriate governmental agency at no cost. A condition to that effect is also being proposed. In the end,with the conditions recommended by the Planning Director and the Leeward Planning Commission and these additional conditions responding to the comments of various Councilmembers,we believe that Kumn Hou will turn out to be a much better project than when it first started. The bar has been raised in terms of how a project can or should address physical infrastructure issues, as well as responsibly address the island's social and cultural infrastructure. While not legally obligated to,the applicant is committing to a)having a project that results in a "net zero"potable water draw on the Waimea Aquifer;b)providing more affordable/workforce housing WITHIN a resort; and c)having a foundation that, over time would generate an estimated$37.5 million to support cultural and other social programs and$12.5 million to support County priorities with respect to affordable housing/workforce housing and/or tourism management initiatives. These are all unprecedented. Accordingly,we respectfully request your partnership in this endeavor with your favorable consideration of these proposed amendments to Bill No. 115 and, in the end, Bill Nos. 115 and 112. Thank you very much! Sincerely, SIDNEY M. FUKE Planning Consultant Enclosure Copy—All Councilmembers w/enclosure via email Mr. John Plunkett, Waikoloa Land Company w/enclosure via email i i i PROPOSED CONDITIONS Bill N . 115 i AUTOMATED EXTERNAL DEFIBRILLATOR (AED) j Amendment to Condition 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: thirty (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: i. Front and rear yards: twenty feet; and ii. 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: i. Front and rear yards: fifteen feet; and ii. 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 loadings ace requirements for the Kumu Hou Project District will comply with the standards as required by the Zoning Code, including compliance with the American Disabilities Act (ADA) requirements. . Structures with commercial office or retail uses shall have an automated external defibrillator (AD) at an easily accessible public area or appropriate signage noting the location of AED. OPEN SPACE New Condition: As represented by the applicant, the 27 golf holes currently zoned Open as of the effective date of this ordinance, shall remain in golf course or open space use. Exceptions shall be made for infrastructure improvements, corridors, or entry features that may be necessary to service the Resort. A metes and bounds description of this area shall be provided to the Planning Department prior to issuance of any Site Plan or Plan Approval for any uses covered by this Ordinance. WORKFORCE HOUSING Condition Z: As represented by the Applicant, the Applicant shall cause the development of a minimum of 140 units workforce housing on a property identified by TMK: 6-9-008:032 and/or other properties within the resort in accordance with mutually agreeable terms between the Applicant and the County Office of Housing and Community Development. Further, as represented by the applicant, additional units would be constructed provided that the appropriate reliefs from the zoning and pertinent development codes are secured through the approval of a Section , Hawaii Revised Statutes, licai and therere no on-site, particularly archaeological and cultural constraints, which would affect the ability of the site or sites to accommodate these additional units. 3 3 The workforce housing project shall be rented pursuant to affordable 3 housing guidelines established by the State of Hawaii, Hawaii Housing and Finance Development Corporation, for a minimum of 65 years a from initial occupancy of the first unit and shall include a minimum of electric vehicle charging stations and accommodation for on-site childcare for the completed development. Sixty (60) percent of the total units shall target households earning 30% to 60% of the a 3 Prevailing County Area Median Income (AMI) with the balance targeting households earning up to 120% of AMI. I IThe] Final terms shall be established in a workforce housing agreement and shall include the Applicant's infrastructure construction and land conveyance obligations and operational considerations such as tenant income and other eligibility criteria. An occupancy permit for s the first phase of the workforce housing project shall be obtained-no later than issuance of an occupancy permit for any time share unit within the area covered this ordinance. i i POTABLE WATER LIMITATION 3 New Condition: The applicant will effect conservation and/or new irrigation systems within the Resort that reduce the Resort's overall potable water draws from the Waimea Aquifer System by at least 540,000 gallons per day, with such measures to be phased in over time, in measures at least proportionate to the development within 3 the area covered by this ordinance. i I WAIKOLOA FOUNDATION New Condition: Prior to submitting any development for Plan i Approval on the project district zoning land covered by Ordinance 115, Applicant shall record a covenant at the State of Hawaii Bureau of Conveyances which shall run with the land, and require that from the gross sales proceeds derived from the first-time sale of any residential unit or time share interest on the land, 2 percent of such proceeds shall be donated to the Waikoloa Foundation, of which 25 percent thereof shall be donated to an agency or program designated by the County of Hawaii to support the County's affordable housing and/or tourism management initiatives. DEDICATION OF KINGS TRAIL New Condition: The applicant shall offer at no cost any of its ownership of that portion of the Kings Highway Foot Trail (SHPD #---- that bisects the Waikoloa Resort to the appropriate entity of the State and/or Federal government. Evidence of this offer shall be provided to the Planning Department prior to or in conjunction with the submittal of any Site or Plan Approval in the area covered by this Ordinance. i a I i I i