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Home My WebLink AboutCOM 0601.011 2020-2022 s�tV OF& Ashley L. Kier•kiewicz <R.•,- .'°'' , Office:(808)961-8265 Council Member Fax:(808)961-8912 District 4 Puna +; :* ashleykierkiewicz@hawaiicounty.gov T4 4f'N�`'M HAWAII COUNTY COUNCIL Hawaii County Building 25 Aupuni Street Hilo,Hawaii 96720 MEMORANDUM DATE: March 15, 2022 v= : TO: Maile David, Council Chairperson And Members of the Hawaii County Council FROM: Ashley L.Kierkiewicz, Council Member SUBJECT: Additional Material-Bill No. 115 Please see the attached letter as additional material to be presented with Bill No. 115 during the March 23, 2022, Council meeting. Mahalo. AK/js Comm. Ref. Tolla-u-NAT Serving the Interests of the People of Our Island Hawai'i County is an Equal Opportunity Provider and Employer Ref. Date MAR 1 5 WAIKOL A MAILED March 11, 2022 CD Honorable Maile David, Council Chair Honorable Ashley Kierkiewicz, Planning Committee Chair County Councilca m�,q COUNTY OF HAWAFI � 25 Aupuni Street -- Hilo, Hawai'i 96720 Honorable Chair David and Honorable Planning Committee Chair Kierkiewicz: Subject: Proposed Conditions -Bill No. 115 (Kumu Hou at Waikoloa) At the Council Planning Committee of March 8,the Committee favorably recommended the approval of Bill No. 115, subject to a number of conditions that were proposed by the applicant. While the concept of the proposed condition relating to the Waikoloa Foundation was acceptable,the Committee felt that some editorial changes were needed to better capture its intent. 3 Accordingly, we are pleased to submit the following proposed conditions (attached), which were also vetted by the Planning Director, for the County Council's consideration on first reading. Specifically: a. Waikoloa Foundation: The 2% distribution of the funds was made clearer. In sum, 25% of the funds would be specifically earmarked to broadly support affordable housing and/or destination management initiatives. Another 25%would be specifically earmarked or targeted to support potable water or other related needs associated with housing programs for native Hawaiians within the South Kohala District. The latter earmark would not only be consistent with the overarching mission of the Foundation but could provide much needed housing proximate to Waikoloa Resort. Please also note that the proposed amendment also includes a reporting system to the County in accordance with Condition DD. This assures a heightened level of 150 Waikoloa Beach Drive ® Waikoloa, Hawaii 96738 Phone (808) 886-1000 Fax (808) 886-8896 WA.IK LOA PION Honorable Council Chair David Honorable Council Planning Committee Chair Kierkiewicz March 11, 2022 Page 2 transparency of the Foundation's activities relative to its representations before the Council. b. Potable Water Limitation: We are recommending that two (2) amendments to the Committee-approved condition be considered. They relate to clarifying how the concept of the "net zero" draw would be implemented, a question that was brought up by the Planning Department. The other was to assure that this matter be covered in detail as part of the annual report requirement(Condition DD), and like the proposed condition on the Waikoloa Foundation, assure a heightened level of transparency of the applicant's representations. c. Kings Trail: The proposed amendment merely inserts the State Historic Preservation Division's numerical reference to this feature. We look forward to discussing these requests and responding to any questions you and the Council may have at its March 23 meeting. In the meantime, however, if you have any questions,please feel free to contact me or Our local planning consultant, Sidney Fuke. Thank you very much! Sincerely, SCOTT HEAD Vice-President Enclosure Copy—All Councilmembers wl enclosure via email Mr. John Plunkett, Waikoloa Land Company wt enclosure via email 150 Waikoloa Beach Drive ® Waikoloa, Hawaii 96738 ® Phone (808) 886-1000 * Fax (808) 886-8896 } PROPOSED CONDITIONS Bill No. 115 WAIKOLOA FOUNDATION New Condition: As represented by the applicant, prior to submitting a any development for Plan Approval on the project district zoning land covered by Ordinance 115, the 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 approximately one fourth or 25 percent of such proceeds shall be budgeted for donation to an agency or program to support the County's affordable housing and/or destination management initiatives, and approximately one fourth or 25 percent of such proceeds shall be budgeted to directly or indirectly support potable water or other related needs associated with housing programs for native Hawaiians within the South Kohala District. A report of the funds generated and the Foundation's allocations and expenditures, shall be included as part of the Annual Progress Report requirement of Condition DD. 4 i I i i 7 i POTABLE WATERLIMITATION Amended Condition: The applicant [will] shall 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..0 00 gallons per day, with such measures to be phased in over time, [in measures at least proportionate to the development within the area covered this ordinance] with the amounts of new potable water draws from the aquifer attributable to development within the area covered by this ordinance being at least offset by conservation measures undertaken throughout the Resort as a_ hole, in any given year. A detailed report outlining the proposed conservation measures with implementation timetable shall be provided to the Planning Department in conjunction with the Annual Progress Report requirement of Condition DD and its updates. DEDICATION OF KINGS TRAIL Amended Condition: The applicant shall offer at no cost any of its ownership of that portion of the Kings Highway Foot Trail (SHPD #50- 10-10-21173) 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