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HomeMy WebLinkAboutCOM 0391.000 2002-2004 Harry Kim `oo+,r,•• "+w'' Dixie Kaetsu h9anaging Director Mayor ~~~ti.~, c. ~~+t~ Oi.N',y~ t . COUNTY OF HAWAID3 i 2% Phi 1?_ 07 25 Aupuni Street, Room 215 • Hilo, Hawaii `)6720-4252 • (808) 961-8211 • Fax (808) 961-6553 KON A' 75-5706 Kuakini Highwny, Suite 103 • Kailua-Kona, Hawaii (4>S1R01i", (808)329-5226 • Fnx (ROR)326-5663 ~~l~~V i ii_ ~I October 20, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone (REZ 851) Request: Amendment to Change of Zone Ordinance No. 97-49 Applicant: The Bay Club Ownership, Inc. Tax Map Key: 6-9-7:15 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sinc rely, l Harry Kim Mayor L100303may Enclosures cc: Planning Department Comm. No. Ref. To: Ref. Date 4~JN~ o` ryw9 Harry Kim k6i~: E. Mayo. sr.,. ~Tf O~~N~~' County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808) 961-8742 October 20, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone (REZ 851) Request: Amendment to Change of Zone Ordinance No. 97-49 Applicant: The Bay Club Ownership, Inc. Tax Map Key: 6-9-7:15 The Planning Commission, after a duly held public hearing on October 3, 2003, voted to recommend for your approval the proposed legislative bill for a time extension to Condition B (time to secure Plan Approval) of Change of Zone Ordinance No. 97 49, which rezoned approximately 9.643 acres from the Open (O) to the Resort-Hotel 2-acre (V-2a) district. The property is located at the south end of Anaehoomalu Bay and abuts the South Kohala-North Kona District boundary, Anaehoomalu, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting an amendment to Condition B (secure Fina] Plan Approval) of Ordinance No. 97 49 for an additional five yeazs to secure Final Plan Approval for arecreation/restaurant/office complex and four single-family dwellings, parking area, other related recreational facilities, and associated improvements and infrastructure on a 9.643-acre coastal parcel. Effective March 24, 1997, Ordinance No. 97 49 changed the district classification of the subject property from Open (O) to Resort-Hotel (V-2a). The applicant requested the change of zone to construct a recreation/restaurant/office complex and four single- Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 family dwellings, parking azea, other related recreational facilities, and associated improvements and infrastructure on a 9.643-acre coastal parcel. Under Condition B, Final Plan Approval for the development should have been secured within five yeazs from the effective date of the change of zone, or March 24, 2002. Although the applicant secured Final Plan Approval on October 8, 2001, they did not utilize it within the required two-year period stated within Section 25-2-7, which states: Section 25-2-7. Utilization of approvals within two yeazs. Whenever any permit or approval issued under this chapter, not otherwise conditioned, except for any amendment of this chapter reclassifying a zoning district, has not been utilized within a period of two years from the date of the written permit or approval, the director shall initiate proceedings to invalidate the permit or approval. The proceeding to invalidate the permit or approval shall require written notice to the owner or person who has been issued the permit or approval prior to either the director or the commission taking action to invalidate the permit or approval. In the event that an appeal is filed regarding any permit or approval issued under this chapter, the two-year period provided for under this section shall not commence to run until a final decision is rendered in the appeal. The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 97 49 is the result of conditions that could not have been foreseen or aze beyond the control of the applicant. There have been global effects to the local economy, mainly the effects of terrorism that were unforeseen and were beyond the control of the applicant when the entitlements were initially issued (1997 and 2000). The applicant continues to believe that conditions aze changing and greater global security will be achieved in due time. This optimism has thus motivated the applicant to expend funds and fulfill as many conditions of the existing entitlements. The applicant believes that the project could be completed within the next five years. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Since the rezoning was approved for the project site in 1997, there have been no changes to the General Plan affecting the subject property or immediately surrounding area. According to the applicant, all improvements consistent with the prevailing Zoning Code standazds, such as setback, height, parking, and landscaping will be complied with. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The original reasons for the approval of the rezoning aze still valid today. Accordingly, approval of this extension request would not be inconsistent with the original reasons for approving the rezoning ordinance. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 For your favorable consideration, an amendment to Ordinance No. 97-49 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, /LC'KCXFX~G~ Fred Galdones, Chairman Planning Commission Lbayclubrez851#2 Enclosures cc: Mr. Sidney Fuke Mr. Kevin Hirano Department of Public Works Department of Water Supply Planning Department -Kona Rodney Haraga, Director/DOT-Highways, Honolulu BBayClub-REZ85t-SMA412.jwd 09-25-03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT THE BAY CLUB OWNERSHIP RESORT, INC. CHANGE OF ZONE ORDINANCE N0.97 49 (REZ 851) AMENDMENT TO CONDTTION NO. B SPECIAL MANAGEMENT AREA USE PERMIT NO. 412 (SMA N0.412) AMENDMENT TO CONDITION N0.4 THE BAY CLUB OWNERSHIP RESORT, INC. is requesting a time extension to Condition B (time to secure Plan Approval) of Change of Zone Ordinance No. 97 49 (REZ 581), which rezoned 9.643 acres from the Open (O) to the Resort-Hotel 2-acre (V-2a) district. The applicant is also requesting a time extension to Condition No. 4 (time to secure Plan Approval) of Special Management Area Use Permit No. 412, which allowed the development of a recreation/restaurant/office complex and four single-family dwellings, pazking azea, other related recreational facilities, and associated improvements and infrastructure. The Nikken Corporation is the fee owner of the subject property. The property is located at the south end of Anaehoomalu Bay and abuts the South Kohala-North Kona District boundary, Anaehoomalu, South Kohala, Hawaii, TMK: 6-9-7:15. REQUEST 1. Request: The applicant is requesting an amendment to Condition B of Change of Zone Ordinance No. 97 49 (REZ 581) for an additional five yeazs to secure Final Plan Approval for arecreation/restaurant/office complex and four single-family dwellings, pazking area, other related recreational facilities, and associated improvements and infrastructure. The applicant has also requested an amendment to Condition No. 4 of Special Management Area Use Permit No. 412 for an additional five yeazs to secure Final Plan Approval. (See Exhibit A -August 6, 2003 Letter With Attachments and Letter dated September 23, 2003) 2. Applicant's Reasons for the Request: According to the applicant, "the inability to comply with conditions is a result of conditions that could not have been foreseen or were beyond the control of the applicant. Although there have been renewed development interests in this azea, much of these have been directed towards the resort/residential c -39/ Gt3rll / 73~ PC markets. The subject project is somewhat different, as it has multiple uses, including recreational, retail (restaurant), office, and residential components. As such, lingering fears of the global economic malaise (particularly in Asia), the residual effects of the SARS epidemic, and the threat of terrorism have somewhat dampened the applicant's level of aggressiveness. These conditions, especially the effect of terrorism and SARS, were absent or at least not readily apparent when the entitlements were initially issued (1997 and 2000). The applicant continues to believe that conditions are changing and greater global security will be achieved in due time. This optimism has thus motivated the applicant to expend funds and fulfill as many conditions of the existing entitlements. The applicant believes that the project could be completed within the next five years." GENERAL INFORMATION 3. March 24, 1997: Effective date of Change of Zone Ordinance No. 97 49 (REZ 851) amending Section 25-95G (Puako-Anaehoomalu Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Open (O) to Resort-Hotel (V-2a) at Anaehoomalq South Kohala, Hawaii, covered by Tax Map Key 6-9-007:015. 4. November 30, 2000: The Planning Commission approved Special Management Area Use Permit No. 412 for a recreation/restaurant/office complex and four single-family dwellings, parking area, other related recreational facilities, and associated improvements and infrastructure. 5. October 8, 2001: Final Plan Approval was secured from the Planning Department in compliance with Condition B of REZ 851 and Condition 4 of SMA 412. Although Final Plan Approval was secured, it will not be utilized by October 8, 2003 (time allotted to utilize plan approval according to Section 25-2-7) and thereby deeming it null and void. 6. Current Condition B of REZ 851: To date, building permits have not been issued for the property. Therefore, the applicant is requesting an amendment to Condition B for an additional five years secure plan approval and complete construction. Condition No. B of Change of Zone Ordinance No. 97 49 (REZ 851) currently reads: "B. Final Subdivision and/or Plan Approval for the subject property shall be secured -2- within five (5) years from the effective date of this change of zone." 7. Current Condition 4 of Special Management Area Use Permit No. 412: The applicant is concurrently requesting an amendment to Condition 4 for an additional five yeazs secure plan approval and complete construction. Condition 4 of Special Management Area Use Permit No. 412 currently reads: "4. Final Plan Approval for the proposed recreational/restaurant/office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure, shall be secured by March 24, 2002, in accordance with Ordinance No. 97-49. Plans shall identify all proposed structures, proposed pazking azeas and driveway(s), and landscaping to mitigate any visual or noise impacts. The applicant, its successors or assigns shall notify the Planning Department in writing of the completion of required improvements prior to the establishment of the proposed use. AGENCIES' COMMENTS 8. Department of Health: (September 12, 2003 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 9. Civil Defense Agency: (See Exhibit B -September 10, 2003 Memo) 10. Helco: (See Exhibit C -July 30, 2003 Letter) AGENCIES - NO COMMENTS OR OBJECTIONS 11. Department ofPublic Works, Department of Environment Management, Police Department APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 12. (See Exhibit D -September 20, 2003) AGENCIES - NO RESPONSE 13. Depaztment of Water Supply, Department of Land and Natural Resources Land Division, Depaztment of Land and Natural Resources State Historic Preservation Division PUBLIC COMMENTS 14. The department has not received any written objections or comments from adjacent property owners or the community on the request. -3- l~ SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning •Variance•Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits ?~03 RUG ~ R~ o • Environmental Reports August 6, 2003 P~r`r. r , Ir r1cF~", Mr. Christopher Yuen, Director CV~!N7;' CAF fjq~~~NT Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Deaz Mr. Yuen: Subject: Annual Report and Time Extension Requests (SMA 00-015 & Ord. 97 49), The Bay Club Ownershia. Inc.. TMK: 6-9-07•r1~j Y • The subject property is located at the south end of'Anaeho'omalu Bay and abuts the South Kohala-North Kona District boundary. By approval of Ordinance No. 97 49, the subject property was rezoned into the Resort-Hotel (V-2a) on Mazch 24, 1997 (Exhibit A). This rezoning was subject to a number of performance conditions. One of these (Condition B) required the issuance of Plan Approval within five (5) years of the rezoning (March 24, 2002). Subsequently, SMA Use Permit No. 412 was issued on November 30, 2000 by the Planning Commission for the development of a recreationaViestauranUoffice complex, four dwellings, and related facilities on the subject site (Exhibit B). The approval was also subject to a number of performance conditions. Specifically, Condition 4 required that Final Plan Approval be secured by March 24, 2002 to coincide with the rezoning condition. Condition 14 also required the submittal of an annual report. The last one was filed with your office on September 18, 2002. Final Plan Approval was secured on October 8, 2001, thus meeting with the aforementioned conditions (Exhibit C). Section 25-2-7 of the Zoning Code, however, requires the Plan Approval to be utilized within two (2) years of its issuance. As such, if a building or construction permit were not issued before October 8, 2003, the Plan Approval becomes void. Although the real estate mazket in Hawaii has being on the upswing the past yeaz, there is still some measure economic anxieties associated with the "Waz on Terrorism" and the slow pace of global economic recovery. As such, the applicant is still working on finalizing its financing and plans for this project. Notwithstanding this anxiety, the applicant has gone ahead and fulfilled most, if not all, of the conditions associated with the issuance of a building permit for this project. These include, for example, completion of the Solid Waste Management Plan, Preliminary Flood or Drainage Study, azchaeological preservation plan, and anchialine preservation plan. The required impact fee and affordable housing program have also been satisfied. 3)+.5..~;1~(S~. Mr. Christopher Yuen August 6, 2003 Page 2 Barring any unforeseen circumstance, the applicant believes that the project could be completed within the next 5 years. As such, the applicant respectfully requests amendments to Condition B of Ordinance No. 97 49 and Condition 4 of SMA 00-015 to allow five years within which to complete the project. Please note that it appears that Condition N of Ordinance No. 97 49 does not allow the Planning Drrector to grant an extension. of Condition B. As such, unless another interpretation could be rendered, it is my understanding that the extension must be acted upon by the County Council with the review and recommendatiori of the Planning Commission. ' On the other hand, Condition 15 of SMA 00-015, gives the Planning Drrector the ability to grant a time extension of Condition 4. The performance requirement of the SMA permit, however, is tied into the rezoning ordinance. As such, in the event you aze unable to grant an administrative extension of the rezoning ordinance, we respectfully request that Condition 4 of the SMA permit be amended by the Planning Commission to allow the extension to run concurrent with the requested extension of the rezoning ordinance. JUSTIFICATION OF REQUESTS Tn making these extension requests, the applicant respectfully requests your taking the following into consideration: 1. The applicant's inability to perform within the stipulated period was a result of conditions that could not have been foreseen or were beyond the control of the applicant and not attributable to the applicant's negligence. Although there have been renewed development interests in this azea, much of these have been directed towards the resort/residential mazkets. The subject project is somewhat different, as it has a multiple uses, including recreational, retail (restaurant), office, and residential components. As such, the lingering feazs of the global economic malaise (particulazly in Asia), the residual effects of the SARS epidemic, and the threat of terrorism have somewhat dampened the applicant's level of aggressiveness. These conditions, especially the effect of terrorism and SARS, were absent or at least not readily apparent when the entitlements were initially issued (1997 and 2000). Mr. Christopher Yuen August 6, 2003 Page 3 The applicant continues to believe that conditions aze changing and greater global security will be achieved in due time. This optimism has thus motivated the applicant to expend funds and fulfill as many conditions of the existing entitlements, as discussed above; and the applicant believes that the project could be completed within the next five yeazs. 2. Approval of these requests would not be contrary to the prevailing General Plan and Zoning Code Since the rezoning was approved for the site in 1997, there have been no changes to the General Plan affecting the subject property or immediately surrounding area. All improvements consistent with the prevailing Zoning Code standards, such as setback, height, pazking, and landscaping will be complied with. Likewise, since 2000 when the SMA permit was issued, there have been no changes to the criteria or guidelines for issuance of a SMA permit. 3. Approval of these requests would not be contrary to the original reasons for granting of the requests for the rezoning and SMA permit. In approving the SMA permit, the Planning Commission discussed the project's relationship to the General Plan, zoning ordinance, SMA guidelines, and other policies of the State and County. In summary, the Commission concluded that the request or development will "...not have a substantial adverse impact on the surrounding area, nor will its approval be contrazy to the objectives and policies of Chapter 205-A, HRS, relating to Coastal Zone Management and Rule 9 of the Planning Commission relating to the Special Management Area." A full description of the findings and relationship to the General Plan aze found in the permit, a copy of which is found in Exhibit B. You will find that the reasons for the approval of both the rezoning and SMA permit aze still valid today. Accordingly, approval of these extension requests would not be inconsistent with the original reasons for approving the SMA and rezoning ordinance. l ~ Mr. Christopher Yuen August 6, 2003 Page 4 In light of the above, the applicant respectfully requests your favorable consideration and processing of these time extension requests. We,also respectfully request your acceptance of this letter request as being in fiilfilhnent of the annual report requirement. Please find enclosed twenty (20) copies of this letter request with enclosures, a list of surrounding property owners, the real property tax clearance, and the check in the amount of $500 ($250 each for the rezoning an~ SMA applications). I trust that everything is in order for your processing. If not or if there aze questions, please feel free to contact me. 'Thank you very much. S~'ncere~ V"" S(~ID\Y,`N'~nxEY M. FUKE Planning Consultant Enclosures Copy - Mr. Koichi Tadokoro, The Bay Club, w/ enclosures Rug OB 03 04: ISp 8088864415 p,2 Nikken Carpaalion Paaih: lower, Sumo 1775 Yelephone'e0B5721515 Bishop Square Fecvnile: B7R'2i-id95 1701 8iehap SVext XIXSfX GPOW HonolWU, Hawail %819 .'t"03 nI'r 12 R~ o ~0 F'I ~',vr. ~ _ August 8, 2003 G%~ i r ~ 1'1/'E~17 ~ '!„11 To whom it may concern Please be informed that we herehy authorize our consultant, Sidney Fuke, to file and process our request for a time extension of Ord. No. 97 49 and SMA 00-015 relative to our construction timetable ~ C.-C - 'oo/ Kam` Kevin Hira ,Executive Vice President Nikken Corporation ~ ~ ~ ow.nurvo sn~e xw ~ O-av 7]OD 7J pfd ~m ni ~`1(ja/] o S Y• N g 8 ZN xviZQ Q ry ~ ~ Fc] n ioyOi~ O F+• O ~ z T .f] ~ ~ N ~ omNN~ v, td ~ N r m ~ w ~ ~ ~ D - ~ b Z - n a a w N n n $ m n ~ a' n ~ R, w o r, a rt W O ~ O M r O ~ ~ 's7 a N. N o w o n 0 ru O O I i O N 7 r 0 D m 9 G 00 G N , c* O v ~ ~n N m O O W O O C91 e°:_ CT ~ ~ - ~ ~SY Os H, ~'`y~ • I~. W i Iliam Takaba Harry Klm Finance Uirector Mayor , w?:•~` Nancy Crawford Deputy Director 711~~ hl,i(; ~ F~ o `)g _ County of Hawaii ~ ARTMENT OF FINANCE -REAL PROPERTY TAX (?'v ~ ~ ~ ~ 865 Piilaui Street Hilo, Hawaii 96720-4679 Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (808) 961-8282 REAL PROPERTY TAX CLEARANCE August 7, 2003 TMK(s): (3) 6-9-007-001-0000 This is to certify that Waikaloa Land and Cattle Co and Waikaloa Developement (owners of record) have paid their real property taxes listed for the parcel listed above up to June 30, 2003. This tax clearance was requested by Sidney Fuke for the County of Hawaii Planning Department use for the parcel listed above only. Reference: TX09 (2002-03) 1 ! rte, gy l-~C~ (li_~_.~ Gc, f v Maxine Cutler, Tax Collection Clerk REAL PROPERTY TAX DIVISION suxxo owrr;vRSOpER~ '0~?3 air 7 a ~ ° 98 T1~IK 3/6-9-007: 015 F( ~ u,, , John W. Hoffee II Trust ~ ~ ~ : ~ L~:i , c/o Nkken Corp. `~'!igil Mr. Koichi Tadokoro 69-450 Waikoloa Beach Drive Waikoloa, HI 96738 - 6-9-007: 003, 004 - - ~ - Elleair ~n%aikoloa, Inc. 170 Kaahumanu Avenue Kahului. HI 96732 6-9-007: 00=, O1 I Waikoloa Development Company 150 Waikoloa Beach Drive Kamuela, HI 96732 6-9-007: 004 Easement Waikoloa Resort Utilities, Inc. dba West Hawaii Utility Company c/o Elleair Waikoloa, Inc. 170 Kaahumanu Avenue Kahului, HI 96732 6-9-007: 002 (easement) 7-1-003: C10 Waikoloa Land & Czttie Company 150 Waikoloa Beacit Dove Kamueia, HI 9674_ llll/lllllllllL~llllllllll/l.~i ~ llbllllll/lll a:t.~vster<_snas EXHIBIT B -n v ~ ~ r1~ •~y1 - BILL'VO. z7 (Draft Z~-' ORDINANCE NO. 9? 45 AN OIZDINANCE AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE MAP); ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-07:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95G, Article 3, Chapter 25 (Zoning Code) of the Hawaii Counrv Code, is amended to change the district classification of property described hereinafrer as follows: The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort -Hotel (V-Za): Beginning az a spike (found) at the Northeasterly corner of this parcel of land, being also the Northwesterly comer of Lot 3 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and being a point on the Southerly side of an existing 60-Fc. Wide Road right-of--way, the coordinates of said point of beginning referred to Government Survey Triangttlazion Station "PW HINAI" being 4,081.71 feet Notch and 37,137.53 feet West and running by aarrtuths measured clockwise from True South: " 1. 3 I ° 19' 40" 610.40 feet along Lot 3 of Waikoloa Beach Resort, - Phase I (Amended) (File Plan 1562) and .along the resaindc.- o: Rod al Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalama to a point; 2. 121° 19' 40" 871.11 fe-_t along Grant 13,586 to E. J. White to a inch pipe (set); Thence, for the next nine (9) courses following along the upper reaches of the wash of the waves as evidenced by the debris line or the edge of vegetation as located on November 13, 1995 and certified by the Department of Land and Natural Rcsuurccs uu J;uttuuy 29, 1996. lllc tlirccl azimuths and distances being; EXHIBIT A 3. 245° 27' 104.47 feet to a spike (set); 4. 2`8` 39' 73.87 feet to a P.K. nail (set); 5. 236° 58' 65.32 feet to % inch pipe (set); 6. 222° 06' 79.60 feet to inch pipe (set); 7. 197° 55' 50.90 feet to a % inch pipe (set); 8. 221 ° 06' 16.43 feet to a inch pipe (set); 9. 239° 03' 84.54 feet to a spike (set); 10. 239° 00' 17.88 feet to a spike (set); 11. 223 ° 07' 15.19 feet to a inch pipe (set); ] 2. 272° 26' 30" 342.63 feet along Lot 1 I of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and along the remainder of Royal Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalama to a P.K. nail (found); 13. 301 ° 19' 40" 373.34 feet along the Southerly side of a 60-Ft. Wide Road right-of--way to the point of beginning and containing an area of 9.643 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the slated conditions of approval. B. Final Subdivision and/or Plan Approval for the subject property shall be secured wi[hin five (5) years from the effective date of this change of zone. C. Access(es) to the subject property shall be constructed meeting with the approval of the Department of Public Works. D. A Solid Waste Management Plan for the proposed development within the subject property shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision or plan approval review, whichever occurs first. E. A Flocd Sn:dy of the subject property shall be submitted to the Planning Director in conjunction with plans submitted for subdivision or plan approval review, for any portion of the subject property, whichever occurs first. Drainage improvements shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval or certificate of occupancy for the subject property, whichever occurs first. F. A wastewater disposal system shall be constructed meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. G. An archaeological preservation plan shall be prepared and submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. H. An anchialine pond research report and preservation plan shall be prepazed and submitted for approval with the DLNR-HPD. Approved mitigatiot measures shall be implemented prior to or in conjunction with any land alterations within the subject property. -3- I. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient mitigative measures have been taken. J. The applicant shall make its fair share contribution to mitigate the potential impacu of the proposed development within the subject area with respect to parrs and recreation, fire, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of units proposed to be developed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final plan approval or final subdivision approval, whichever occurs first, for any portion of the subject area or its increments. If the subject area is developed in two or more increments, the amount of the fair share contribution due and payable prior to final plan approval of each increment shall be a sum calculated in the same manner according to the number of proposed units in each such increment. The fair share contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the Planning Director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $7,965.90 per resort unit. Based upon the applicant's representation of intent to develop up to 4 units, the indicated total fair share contribution is $31,863.60. However, the total amount shall be increased or reduced in proportion with the actual number of lots/units according to the calculation and payment provisions set forth in this Condition J. The fair share contribution shall be allocated as follows: 1. $1,942.74 per resort unit for an indicated total of $7,770.96 to the County to support park and recreational improvements and facilities; -4- 2. $87.99 per resort unit or an indicated total of $351.96 to the County to support fire facilities; 3. $43.02 per resort unit for an indicated total of $172.08 to the County to support solid waste facilities; 4. $5,892.15 per resort unit for an indicated total of $23,568.60 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years afrer the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Planning Director. For purposes of administering Condition J, the fair market value of land contributed or the cost of any improvemenu required or made in lieu of the fair share contribution shall be subject to the review and approval of the Planning Director, upon consultation with the appropriate agencies. K. The applicant shall establish a program for employee housing which shall be submitted for the review and approval of the Planning Director and Housing Agency together with the submittal of plans for Final Subdivision or Plan Approval for the proposed development, whichever occurs first. The program shall include provisions for on-site or off-site housing for the employees of the proposed development in an amount to be determined by a study of surrounding housing opportunities and employee needs. The program may also include consideration for other alternatives such as rental housing subsidies or housing allowances. The approval of the program shall be secured prior to the issuance of . g_ a certificate of occupancy of the proposed development within the subject property. L. Comply with all applicable laws, Hiles, regulations and requirements, including those of the Department of Health, Fire Departrrtent and Department of Water Supply. M. Should the Counci] adapt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance. N. An extension of time for the performance of conditions within the ordinance, with the exception of Condition B, may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that is not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one vear may be extended for up to one additional year). -6- 0. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUI~J~IL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Maxth 7, 1997 Date of 1st Reading: M~eh 7, 1997 Date of 2nd Reading: March 19, 1997 Effective Date: March 24, 1997 AyPP VvE~D~A~S T F RM AND LEGALITY yi~~~ta~L~W ,!'C~ y C~?UT`! CORPORATION COUNSEL DATED: ~.~~Y _7_ p ,~1 eM - I L1 _TRUE NORTH [IhR~~Y ~o L [ M - 11 ' 1 1 I 5[YN. I ~ EOtT OGF r0 O l I I 1 I ~ ,+icv-lo J) F,` o~ tug 1 1 /ol f u, 1 1 + + ` ~ p , . ~ RM•? 1 9 i r~ ` ~ ~~~1 I 1 , o 'f- j eM-~ ~ p`` ,5, o, I C. [M - 5 ; p ~C O O p I y~ ° I p j cv • lo,~\ 9J- I r I I i I / I / . + 1 I i 1 I ~ i p ~ I C V- 10 , 1 [ M- 6 ~ ~ U f Y) 1 I i I [M 1 O [M - 1.5 1 I j H [M - 1.5 11 ~ I Q ~ p cv-lo cv•lo ~ ~ ; p O , 1, ~ li Y J p O V ~/.=m p O i O [M - 1.3 V 1.35 ~•a i $ O + i / l.r./ I CL Ww,/dwu CV - IO s ~4 ` ?,y i/`EO O ~ -~O p -/•a V 1.35 a.oei.7i N p ,ter 37,137.53 W ~ pJ p ~PUU HINAf 0 y 'l/h' p1 O V 1.35 ANAfNOOM.1 L U D V 1,75 Or1Y [ M I . S OPEN TO RESORT-HOTEL (V-2a) 0 AREA: 9.643 ACRES AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-95G (PUAKO - ANAEHOOMALU ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 8Y CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII. PREPARCD 0Y PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-9-7: t5 NOVEMBER 29, t996 (JOnw w. npi'EEE.11) EXHIBIT "A" OFFICE OF THE COLTM'Y CLERK County of Hawau Hilo Namaii AYES _N,OES ABS Et_ Introduced By: Bobby Jean Leithead-Todd Arakaki = ~ II Date Introduced: March 7, 1997 Chung X~ First Reading. March 7, 1997 Leithead-Todd X Published: March 14, 1997 Fay X REP~fARKS: Reynolds X Santangelo Smith X Tyler X Ya on X 9 I 0 0 ~ 0 ROLL CALL VOTE Second Reading: March 19, 1997 AYES NOES A6S EY To hfayor: March 20, 1997 Arskaki X Returned: March 24, 1997 Effective: March 24, 1997 Chun I published April 4, 1997 Leithead-Todd X Ray X REMARKS: Reynolds X Santan elo X Smith X T ler X _ ~a or. 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL zvas adapted 6y the County Council and published as indicated above. A~nZ^v'JED AS TO ~O,~AA// AND L~AL1T7: /U11_~..I ,~-(r~~4.,.-,.,..~ CJLCHAJRMAN DE?UTY CORPORATION COUNSEL COUNTY OF HAWAII Date I ~J ~ COLJNJYCLERK Approved/Biarp~rrd this a ~ day of ~'V((Lt cG~ 19 ~1 ~ I ~C . ~ vy` w /L CO FHA WAJI Bi/(No.: 27 (Ural t 2 ) Rcfnrnca C-77.01/PC-29 Ord No.: ' JM\Y^oi y,,~ 40. 1' L£. S taphen K. Yamashiro Mayor • of •Hi (~nixnfg ~rs~r~sii PLANNING COMMISSION 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 (808) 961-8288 Fax (808)961-9615 CERTIFIED MAIL 7000 0600 0024 2903 8711 NOV302000 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Special Management Area Use Permit Application (SMA 00-015) Applicant: The Bay Club Ownership Resort, Inc. Request: Allow for a RecreationaURestaurant/Office Complex and Four Single Family Residences Tax Map Key' 6-9-7.15 The Planning Commission at its duly held public hearing on November 1, 2000, voted to approve the above-referenced application. Special Management Area (SMA) Use Permit No. 412 is hereby issued for the development of a recreationaUrestaurant/office complex, four single-family dwellings, parking area, other related recreational facilities, and associated improvements and infrastructure. The property is located at the south end of `Anaeho`omalu Bay and abuts the South Kohala-North Kona District boundary, `Anaeho `omalu, South Kohala, Hawaii. Approval of this request is based on the following: The purpose of Chapter 205A, Hawa~,i Revised Statutes (HRS), and Special Management Area Rules and Regulations of the County of Hawaii, is to preserve, protect, and where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline aze necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The development of a recreational/restaurant/office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable EXHIBIT B Mr. Sidney Fuke Page 2 and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and elimination of planning options. "The applicant, who is the owner and operator of the Bay Club at Waikoloa, would like to use the site for a restaurant, health and beach spa, office building, and 4 residential units. This would be part of the Bay Club's overall operations. "It is the intent of this project to be "annexed" to the Waikoloa Beach Resort. As such, the uses are intended to be complementary of the Waikoloa Beach Resort. Likewise, the architectural design of the project should also blend with and be consistent with the design concepts of the Resort. Accordingly, the structures will be essentially low-rise (no more than 2 stories) and will emphasize the use of indigenous materials and subtle colors. Minimal site grading will be done to have the project blend with the existing contours and natural landscape of the area. Additionally, ample low-land landscaping that is typical of this area will be implemented along the mauka boundary of the subject site to help screen views from the highway and scenic vantage points. No construction will occur within the 40-foot shoreline setback area." The subject property, consisting of 9.643 acres, is located at the south end of 'Anaeho'omalu Bay and immediately south of the Waikoloa Beach Resort Complex. The subject property was previously used as a private recreation area for Parker Ranch employees and was known as the Parker Ranch recreational area. Approximately 400 feet mauka of the shoreline is an existing 1,156 square foot enclosed recreational pavilion with about 1,700 square feet of open lanai or deck. The applicant states that this structure will be renovated and continue to be used as a recreational pavilion. There is also an existing 6-foot fence along the northern portion of the property that stops about 350 feet short of the shoreline. The subject property is bordered by the Waikoloa Beach Resort to the north and west; to the east are ]ands zoned Open and Resort-Hotel (V-1.25). As noted in the Natural Resources and Shorelines element of the General Plan, the best beaches on the island are along the coast between Kailua-Kona and Kawaihae. In the Recreation element of the General Plan, Hapuna Beach State Recreation Area and the County's Samuel M. Spencer Beach Park are named as the major developed ocean recreation areas. The most notable recreational area in the vicinity of the property is 'Anaeho'omalu Bay. There already is an improved mauka-makai access on the adjoining property to the north. As there will be no structural improvements within the 40-foot shoreline setback area, lateral access fronting the subject property will not Mr. Sidney Fuke Page 3 be impeded. Furthermore, an area at the north side of the property will be improved with two accessible parking stalls. According to Section 9.6(B) of the Planning Commission's Rules, all development permitted in the Special Management Area shall be subject to reasonable terms and conditions as necessary in order to: a. Improve coordination and funding of coastal recreation planning and management; and b. Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: iii. Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; In addition Ordinance No. 96-17 states: "The legislature also found that miles of shorelines, coastal waters and mountain areas under the jurisdiction of the State of Hawaii are inaccessible to the general public due to the absence of public rights-of- way; that the population of the county is increasing while presently accessible beach, shoreline and mountain areas remain fixed; and that the absence of public access to the county's shoreline and mountain azeas constitute an infringement upon the fundamental right of free movement in public space and access to and use of these public coastal and mountain recreational areas." In order to ensure the preservation of lateral shoreline public access along the subject property, the applicant shall be required to designate a public access easement within the shoreline setback area in perpetuity. As a condition of approval, a copy of the proposed public access easement to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval. A copy of the approved public access easement shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Plan Approval. Upon recordation of-the shoreline public access easement, the proposal would not have any adverse effect on public access to the shoreline and would complement the goals of the General Plan's Recreation Element which states to "provide a diversity of environments for active and passive pursuits" and to "provide a wide variety of recreational opportunities " This requirement will also fulfill the right of public access to the ocean and shorelines. Mr. Sidney Fuke Page 4 In the Natural Beauty element of the General Plan, 'Anaeho'omalu Bay is listed as a scenic resource. 'Anaeho'omalu Bay is approximately one mile from Queen Ka'ahumanu Highway, where the nearest public view plane is located. In order to mitigate impacts on view planes, all of the structures will be less than the permitted 45 feet in height. The tallest and largest of the structures to be built will be no higher than 35 feet and will be setback more than 200 feet from the shoreline to minimize its visual impact from the shoreline. Plants tolerant of the grid coastal climate will be used to landscape the property to help mitigate the visual impacts of the structures and associated improvements. In addition, earth tone colors, non-reflective materials and appropriate design will be used to mitigate any adverse visual impacts. The proposed development is consistent with the objectives and policies as provided by Chapter 205A, HRS, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. As the subject property lies along the shoreline, there are potential hazards from tsunami inundation. The portion of the property immediately adjacent to the shoreline is located in Flood Zone VE-8, or a tsunami zone where the base flood elevation is eight feet above mean sea level. A strip of land immediately inland is designated AE-7, or an area within the 100-year flood plain where the base flood elevation is seven feet above mean sea level. The remaining two-thirds of the property is located in Zone X, outside of the 500-year flood plain. The subject property is located within the Civil Defense Agency's. Tsunami Evacuation Zone. As with the Waikoloa Beach Resort complex, patrons and occupants of the proposed development would be subject to evacuation in the event of a tsunami. In order to mitigate drainage hazards, the applicant will be required to prepare a drainage study and install a drainage system meeting with the approval of the Department of Public Works. Any new construction or substantial improvements within flood plains azeas are subject to the requirements of Chapter 27, Flood Control, of the Hawaii County Code. The applicant has stated that no structural improvements are contemplated within the "VE" area. Within the "AE" area, the few structures and improvements planned will be designed and/or elevated to conform to the "AE" elevation requirements based on the base flood elevation. With these mitigation measures in place, the development will not result in significant adverse impact to the environment as the result of tsunami and drainage hazards. Therefore, conditions of approval will be included to comply with this recommendation. Any potential runoff or discharge which could reach ocean waters can be handled by on-site improvements meeting with the approval of the Department of Public Works and the Department of Health. Any discharges into State waters will require the applicant to secure a National Pollutant Discharge Elimination System (NPDES) permit meeting with the requirements of the Department of Health prior to Mr. Sidney Fuke Page 5 any construction activities. Wastewater generated by the project will be disposed of within a wastewater treatment system meeting with the approval of the Department of Health. With these precautionary measures in place, the proposed development is not anticipated to have any substantial adverse effects on the coastal resources or environment. The applicant's county environmental report referenced a report that accompanied an earlier change of zone application for this parcel. The earlier report noted that vegetation throughout the site consisted of kiawe, coconut (Cocos nucifera), naupaka (Scaevola taccada), pandanus or hala (Pandanus tectorius), noni (Morinda citrifolia), pickleweed (Bads martima), and sedge or 'ahu'awa. It also concluded that there was no known rare or endangered plant life on the subject site or in the immediate vicinity of the property. The same report also noted that an inventory of the aquatic resources of the anchialine ponds on the site was conducted by Richard E. Brock, Ph.D. in March 1996. The inventory noted that the larger anchialine pond revealed the dominance of introduce tilapia and the presence of aholehole, black crab, dragonfly nymphs, and ubiquitous brackish water snail. Species present in a smaller anchialine pond proximate to the larger pond included the cyano-bacterial blue-green mat, opae'ula, alpheid shrimp, and a small, unidentified reddsh amphiopod. The inventory revealed that no unusual anchialine species were found in either ponds and that all species encountered were common to the West Hawaii anchialine biotope. Based on the inventory and to provide for the adequate protection of the aquatic resources of these two anchialine ponds, an Anchialine Pool Management Plan was prepared by Dr. Brock. In a memorandum, dated October 23, 1996, the State DLNR- Aquatic Resources Division in commenting on the change of zone application and Plan noted [hat it had "no objections to the zone change" and did "not expect any significant impact adverse to aquatic resource values from constructing the single family resort residence. " It did go on to recommend that "the anchialine pond management plan be conditioned as part of the permit process to assure protection of the ponds."' In 1991, Paul H. Rosendahl, Ph.D., Inc. (PHRI) performed an inventory level archaeological survey of the subject property. In 1996, an addendum report was performed by PHRI to update the earlier survey. The 1996 addendum notes that of the five sites on the property, two petroglyph sites (sites 20760 and 20763)- and two modified anchialine ponds (sites 20761 and 20762) near the noithern boundary of the parcel are significant for their information content and should be preserved as is. The modified anchialine ponds are further assessed as significant for information content and as provisionally significant for cultural value. One of the ponds (site 20761) is additionally assessed as significant as an excellent example of a site type. In addition, site 14215 was judged to be no longer significant as no burials were found. When the change of zone for the property was approved in 1997, one of the conditions of Mr. Sidney Fuke Page 6 approval was a requirement to prepare a historic preservation plan for these four sites. Once this plan is submitted, it will be subject to review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) prior to any land altering activity or development of the property. Such an approved plan will mitigate any impacts to historic and archaeological resources on the property. The applicant notes that when the change of zone application was being considered, there was an issue related to a potential trail which skirted the south end of the larger anchialine pond and continued east across the a'a lava flow; this potential trail was documented in a 1971 report by William Barrera. In response to these concerns, the then applicant's representative stated that this was not so and/or not needed as "there is already a public access trail in the immediate vicinity of the subject trail and the DLNR State Historic Preservation Division previously recommended that this trail is not required for preservation because there are similar types of such trails already preserved as part of the Waikoloa resort complex." Submitted in conjunction with this application is a cultural resources and historical documentation report, dated May 30, 2000, prepared by Kepa Maly of Kumu Pono Associates. The report notes that there were small coastal settlements along the western shoreline of Hawaii by ca. AD 1200, including at 'Anaeho'omalri. 'Anaeho'omalu was one of the choice lands in an otherwise grid region t;ecause it provided settlers with fresh water resources and a sheltered, sandy bay. 'Anaeho'omalu, as well as other lands to the north were valued and perhaps subdivided for their rich fishery resources (fish ponds, near shore and deep sea fisheries). While 'Anaeho'omalu is cut off from the upland resources, it appears to have had agricultural ties with the upland areas of Pu'u Anahulu and Pu'u Wa'awa'a. The report adds that "by the early 1900's, residency near the shore of 'Anaeho'omalu was limited, and often associated with seasonal residency patterns. Residency appears to have been tied to important fishing seasons, with selected areas used over successive generations by native tenants who resided in the uplands of the South Kohala-North Kona region. " In light of the State Supreme Court's recent decision to set aside the State Land Use Commission's 1996 reclassification from Conservation to Urban for the proposed expansion of the Ka'upulehu Resort to "help ensure the enforcement of traditional and customary native Hawaiian rights while reasonably accommodating competing private development interests," the applicant has commissioned Haun and Associates to perform a cultural assessment of the subject property using the Court's suggested "analytical framework." This assessment utilizes the information contained in the PHRI archaeological inventory survey addendum and the historical overview prepared by Kumu Pono Associates. The Haun and Associates assessment states: "Based on the findings of the archaeological inventory survey; and on the findings of research on native Hawaiian customs, practices, and historic events in the coastal lands of 'Anaeho'omalu; there are "valued cultural, historical, or natural resources" in the project area. These consist of [wo petroglyph sites and potentially, two anchialine Mr. Sidney Fuke Page 7 ponds. There is evidence that traditional and customary native Hawaiian rights are exercised along the coast in the parcel. This use consists of coastal travel and fishing. " The assessment concludes that the proposed project has the potential to adversely impact the four archaeological resources (the two petroglyph sites and the two anchialine ponds) but that such impact will be mitigated by their preservation in accordance with a Preservation Plan to be prepared and implemented with the approval of DLNR-HPD. The assessment also notes that the ponds will be maintained in accordance with an Anchialine Pond Management Plan required by DLNR-Aquatic Resources Division. The assessment also concludes that the project has the potential to adversely impact on the traditional and customary native Hawaiian rights of access, coastal travel, and fishing. These potential impacts will be mitigated by providing access to the preserved sites and by providing access via the existing beach access road on the northeast side of the parcel. The assessment asserts that coastal travel and fishing occur along the coast within the shoreline setback area and will not be affected by the proposed development. The proposed development is consistent with the General Plan and Zoning Code. The subject property is designated-for Resort uses by the General Plan Land Use Allocation {3uide (LUPAG) Map. The General Plan identifies the ares surrounding the subject property as a major resort area. Such a resort is a self- contained destination area, which provides an array of support facilities. Thus, the applicant's proposal to develop arecreational/restaurant/office complex and four single-family dwellings is consistent with the General Plan Goals, Policies and LUPAG Map. The subject property is currently zoned Resort-Hotel (V-2a). Based on this zoning, the maximum number of units allowed on this property is four. The other uses, such as restaurant, office, spa and recreational areas, are consistent with the current zoning. The proposed request for the development of a recreational/restaurant/office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure will conform to the following goals, policies and standards of the Land Use Element of the General Plan. LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Mr. Sidney Fuke Page 8 * Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The Proposed request for the development of a recreational/restaurant/office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure will also conform to the goals, policies and standards of the Single Family Residential, Housing and Economic Elements of the General Plan. SINGLE-FAMILY RESIDENTIAL * To maximize choices of single-family residential lots and/or housing for residents of the County. * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * Areas shall have basic improvements and amenities necessary for immediate use. * Area shall be limited to low-density and medium density residential uses. HOUSING ELEMENT * Attain safe, sanitary and livable housing for the residents of the County of Hawaii. Mr. Sidney Fuke Page 9 * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Improve and maintain the quality and affordability of the existing housing stock. * Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. The development is consistent with the Economic Element of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area. The employment opportunities for the proposed development- will generate short-term (construction) employment. ECONOMIC ELEMENT * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Based on the foregoing, the proposed development of a recreational/restaurant/office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure, will not have a substantial adverse impact on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205-A, HRS, relating to Coastal Zone Management and Rule 9 of the Planning Commission relating to the Special Management Area. Approval of this request is subject to the following conditions. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director shall initiate procedures to revoke the permit. Mr. Sidney Fuke Page 10 I. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. A certified shoreline survey shall be submitted to the Planning Director and approved by the Board of Land and Natural Resources prior to issuance of Final P-lan Approval-or-the issuance-of permits for any-land-altering activities - whichever comes first. 3. A final comprehensive public access plan shall be submitted for review and approval by the Planning Director prior to issuance of Final Plan Approval and shall include a lateral shoreline access easement, two (2) accessible parking stalls, signage and restrictions on use (if any). A copy of the proposed shoreline public access easement to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval. A copy of the approved shoreline public access easement shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of any building permits. 4. .Final Plan Approval for the proposed recreational/restaurant/office complex, four single-family dwellings, parking area, and other related recreational facilities, and associated improvements and infrastructure, shall be secured by March 24, 2002, in accordance with Ordinance No. 97-49. Plans shall identify all proposed structures, proposed parking areas and driveway(s), and landscaping to mitigate any visual or noise impacts. The applicant, its successors or assigns shall notify the Planning Department in writing of the completion of required improvements prior to the establishment of the proposed use. 5. Access(es) to the subject property shall be constructed meeting with the approval of the Department of Public Works prior to or in conjunction with the issuance of building permit(s) for the project. 6. A Solid Waste Management Plan for the proposed development within the subject property shall be prepared meeting with the approval of the Department of Public Works prior to or in conjunction with submitting plans for Final Plan Approval. Mr. Sidney Fuke Page 11 7. A Flood Study of the subject property shall be submitted to the Planning Director in conjunction with plans submitted for plan approval review, for any portion of the subject property. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of certificate of occupancy. 8. A wastewater disposal system shall be constructed meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. 9. An archaeological preservation plan for the four (4) archaeological sites identified and recommended for preservation shall be submitted for review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). The archaeological preservation plan shall identify valued cultural, historical, or natural resources in the project azea; the extent to which those resources - including traditional and customary native Hawaiian rights -will be affected or impaired by the proposed action; and the feasible action, if any, to be taken to reasonably protect native Hawaiian rights: Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. 10. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, humati burials, rock or coral alignments, paving, or walls be encountered, work in the immediate area shall cease and the DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an azchaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 11. A final anchialine pond management/preservation plan shall be submitted for review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Aquatic Resources Division. The final anchialine pond matagement/preservation plan shall identify valued cultural, historical, or natural resources in the project area; the extent to which those resources -including traditional and customary native Hawaiian rights - will be affected or impaired by the proposed action; and the feasible action, if any, to be taken to reasonably protect native Hawaiian rights. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations on the subject property. 12. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance Mr. Sidney Fuke Page 12 with construction industry standards and practices utilized during construction ' projects of the State of Hawaii. 13. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Department of Public Works, Department of Land and Natural Resources, Fire Department, and Department of the Army. 14. An annual progress report shall be_ submitted to the Planning Director prior to the anniversary date of the approval of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. 15. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). This approval does not, however, sanction the specific plans submitted with the application as they maybe subject to change given specific code and regulatory requirements of the affected agencies. COUNTY PLANNING DEPARTMENT F I N A L P L A N A P P R O V A L Applicant: Bay Club Ownership Resort Inc. Date: October 5, 2001 Tax Map Key: 6-9-007:015 Location: S Kohala __Proposed_.Use.:_._Office_Bldg,~tec..._.Bldg,_~testaurazit-&_related_Use____ Zone: V-2a Parcel Area: 9.6 acres As Shown on Plan Comments Front Yard >20' OK, 20' Minimum required Shoreline Rear Yard >40' OK, 20' Minimum required Kohala Side Yard 30' OK, 8' Minimum required Kona Side Yard 18' OK, 8' Minimum required Ht. of Structure 44' Max. OK, 45' Maximum allowed Access to parking driveway off DPW approval required Waikoloa Beach Drive Off-Street Parking 129 total OK 8 garage 2 per dwellinq unit 1 stall per 300 sf for admin spa 5 ADA total restaurant 1 ADA van 2 X 4 stalls = 8 Stalls 28,523 sf / 300 sf = 95 stalls TOTAL REQUIRED = 103 stalls Minimum ADA stalls req'd = 5 Loading and Unloading Space 3 spaces OK Density Fencing: Material Height Location EXHIBI Landscaping Per Plan 9/10/2001 OK Others Tax Clearance OK, September 19, 2001 Conditions: 1 Approved parking to be paved and striped prior to issuance of the Certificate of Occupancy. 2 Approved landscaping to be installed and maintained prior to issuance of the Certificate of Occupancy. r %Q Planning D/irector Date l~`S/~11~~ PD 11/99 (MsWord) SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (806) 969-7996 w~Oj •SrP'~Enbdivisi ental Reports Permits September 23, 2003 Mr. Christopher Yuen, Director 1t ;q,;~~ Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Time Extension Requests (SMA 00-015 & Ord. 97 49) The Bay Club Resort Ownership, Inc., TMK: 6-9-07: 1 This is to follow up and confirm my discussion with Jeff Darrow of your staff regazding the subject matter. Based on our discussion, it would appeaz prudent and consistent with current policy regazding time extension that Condition N be farther amended by deleting the reference to Condition B. In so doing, the Director would have the ability to grant an administrative extension for any initial extension request. All subsequent requests would have to be processed through the Commission and acted upon by the Council. Accordingly and if appropriate, we respectfully request that the applicant's request also reflect the above. As always, if there are questions or comments on this matter, please feel free to contact me. Thank you very much for your assistance and understanding. mcerel , SIDNEY M. FUKE Planning Consultant Copy - Mr. Koichi Tadokoro, The Bay Club via FAX fg ~ ~ JM~V^OF N~~ L~ 4~•'• ~~~Jii• Harry Kim Mayor _ . • Troy M. Kindred ~r „ Administrator alt O~•H~~ T^ a!mrt' •4~~,~ lLIX1TXC'~15 Q~ ~~t~1T2IT'C ^a js CIVIL DEFENSE AGENCY ` 920 Ulnlani Street Hilo, Hawaii 967203958 ~i», ~t (808) 935-0031 Fax (808) 935-6460 ~4 :y~,. TO: Clu'istopher Yuen, Director, Planning Department FROM: Troy M. Kindred, Administrator ~ ~ ti-- j ~ ~ e DATE: September 10, 2003 SUBJECT: Change of Zone (REZ 851) Request: Amendment to Change of Zone Ordinance No. 97-49 Special Management Area Use Permit (SMA 412) Request: Time Extension to Condition No. 4 of SMA 412 Applicant: The Bay Club Ownership, Inc Tax Map Key: 6-9-7:1 Upon review of the special use permit request the following comments are submitted: Portions of this location are in the tsunami inundation and evacuation zone. As a result, damage may result from a tsunami. This location is in the lava threat zone 3, and damage from a future lava flow is possible. There is no emergency warning siren in reasonable proximity to this site, and as a result residents may not receive timely warning in the event of a pending disaster. Recommend the developer purchase and install an appropriate emergency warning siren system. EX IBIT Hawaii Electric Light Comr ,y, Inc. • PO Box 1027 • Hilo, HI 96721-10~ August 22, 2003 Planning Department cow Attn: Mr. Christopher J. Yuen, Planning Director County of Hawaii ~,`;i,,~,.i, 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Gentlemen: Subject: The Bay Club Ownership, Inc. Time Extension Change of Zone (REZ 851), TMK : 6-9-7 :1 Thank you for the opportunity to review the subject application. We do not have any objections to the Time Extension and Change of Zone and have the following general comments. 1. The subject area is currently served by our 12,000-volt underground distribution lines from Anaehoomalu Substation, which has adequate capacity to serve the proposed project. 2. HELCO's current system peak load is 177,900 KW and our total generation system capability is 233,700 KW. Our reserve margin is 31% and has adequate generation to serve the project- 3. We strongly recommend that energy efficient and conservation features suitable to reduce the peak electrical demand are part of the development's plans. We recommend that this development take full advantage of waste heat recovery equipment to recycle and reuse the waste heat rejected by air conditioning and refrigeration equipment. If this equipment is incorporated in the development's original design, the amount of energy required will be substantially reduced. 4. The project consultants a~+d er~yi~~eers are urged tc GOrBCt I-I~LCO's Engineering Department as soon as practicable to open a service request to insure timely procurement of long lead equipment. A remote meter reading option is now available using the electrical lines as communication medium to a central master receiver at the substation. This option will require additional equipment in the HELCO meters and the substation. A cost estimate for this option may be requested from the Engineering Department. Should you have any questions, please contact me at (808) 969-0321 or Hal Kamigaki at (808) 969-0322. Sinc/e~rely,'1 Clyded H. Nagat , P.E. Manager, Engineering Department CHN:HK:In EXHIBIT ~~~~~~~.~,~=~=~:r SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 ,,7(~ c • Subtlivision • Land Use Permits September 20, 2003?fl~3 ~ )F~ • Environmental Fepods J ~_2 A~11n 3~ Ptar~~nu; , Mr. Christopher Yuen, Director COUP"Ji `s ~ ~r`~~ ~ ~~~'~~'T Planning Department ~''''"~%1 COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Time Extension Requests (SMA 00-015 & Ord. 97 49) The Bay Club Ownership, Inc., TMK: 6-9-07: 1 Thank you for providing me with a copy of agency comments to date regazding the subject applications. In response to said comments, please note the following: a. Civil Defense Aeency The applicant is aware of the site's proximity to the shoreline and the attendant threat resulting from tsunami. As such, the applicant intends to develop a tsunami evacuation plan. b. HELCO The project would be designed with energy efficient and conservation features. These would include the possible use of solar panels, material, placement of structures to take advantage of wind patterns, landscaping, and the like. None of the other agencies had any comments or objections to the extension request. We trust that the comments have been adequately addressed. If not or if there are other questions, please feel free to contact me. Thank you very much. ~irAtc~erel~y, ^ 1 "v` ' VvV V v SIDNEY M. FUKE Planning Consultant Copy -Civil Defense Agency HELCO Mr. Koichi Tadokoro, The Bay Club, w/ enclosures ~ r B' lk'-~ ~ ~ ~'f. RBayCiub-AtnendREZ851.jwd 09-25-03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION THE BAY CLUB OWNERSHIP RESORT, INC. CHANGE OF ZONE ORDINANCE NO. 97 49 (REZ NO. 851) AMENDMENT TO CONDITIONS B Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Condition B of Change of Zone Ordinance No. 97 49 (REZ 851) be forwarded to the County Council. This recommendation does not, however, sanction the specific 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 upon additional information presented at the public heazing. This favorable recommendation is based on the following fmdings: The applicant is requesting an amendment to Condition B (secure Final Plan Approval) of Ordinance No. 97 49 for an additional five yeazs to secure Final Plan Approval for a recreation/restaurant/office complex and four single-family dwellings, pazking area, other related recreational facilities, and associated improvements and infrastructure on a 9.643-acre coastal pazcel. Effective Mazch 24, 1997, Ordinance No. 97 49 changed the district classification of the subject property from Open (O) to Resort-Hotel (V-2a). The applicant requested the change of zone to construct arecreation/restaurant/office complex and four single- family dwellings, parking azea, other related recreational facilities, and associated improvements and infrastructure on a 9.643-acre coastal pazcel. Under Condition B, Final Plan Approval for the development should have been secured within five yeazs from the effective date of the change of zone, or March 24, 2002. Although the applicant secured Final Plan Approval on October 8, 2001, they did not utilize it within the required two-year period stated within Section 25-2-7, which states: -1- c--39iCw~;ii i~3)Pt Section 25-2-7. Utilization of approvals within two years. Whenever any permit or approval issued under this chapter, not otherwise conditioned, except for any amendment ofthis chapter reclassifying a zoning district, has not been utilized within a period of two years from the date of the written permit or approval, the director shall initiate proceedings to invalidate the permit or approval. The proceeding to invalidate the permit or approval shall require written notice to the owner or person who has been issued the permit or approval prior to either the director or the commission taking action to invalidate the permit or approval. In the event that an appeal is filed regazding any permit or approval issued under this chapter, the two-yeaz period provided for under this section shall not commence to run until a fmal decision is rendered in the appeal. The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 97 49 is the result of conditions that could not have been foreseen or are beyond the control of the applicant. There have been global effects to the local economy, mainly the effects of terrorism that were unforeseen and were beyond the control of the applicant when the entitlements were initially issued (1997 and 2000). The applicant continues to believe that conditions aze changing and greater global security will be achieved in due time. This optimism has thus motivated the applicant to expend funds and fulfill as many conditions of the existing entitlements. The applicant believes that the project could be completed within the next five yeazs. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Since the rezoning was approved for the project site in 1997, there have been no changes to the General Plan affecting the subject property or immediately surrounding azea. According to the applicant, all improvements consistent with the prevailing Zoning Code standazds, such as setback, height, pazking, and landscaping will be complied with. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The original reasons for the approval ofthe rezoning aze still valid today. Accordingly, approval ofthis extension request would not be inconsistent with the original reasons for approving the rezoning ordinance. -2- Based on the above fmdings, it is recommended that a favorable recommendation be forwazded to the County Council with the following changes to Ordinance No. 97 49. (Material to be deleted is bracketed and material to be added is underscored): B. Final Subdivision and/or Plan Approval for the subject property shall be secured within five (5) years from the effective date of this [change of zone] amendment. The accompanying draft bill to amend Condition B of Ordinance No. 97 49 is provided for your favorable consideration. -3- C®UhTT'Y OF HA~~T;~~F ~ ~ : STATE OF EIAWA_I`I x BILL NO. _ (Planning Department) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 97-49, WHICH RECLASSIFIED LANDS FROM OPEN (O) TO RESORT -HOTEL (V-2a) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-7:15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Ordinance No. 97-49 is amended as follows: "SECTION 1. Section [25-95G] 25-8-13, Article [3] 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort -Hotel (V-2a): Beginning at a spike (found) at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 3 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and being a point on the Southerly side of an existing 60-Ft. Wide Road right-of--way, the coordinates of said point of beginning referred to Govermnent Survey Triangulation Station "PUU HINAI" being 4,081.71 feet North and 37,137.53 feet West and running by azimuths measured clockwise from True South: 1. 31° 19' 40" 610.40 feet along Lot 3 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and along the remainder of Royal Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalama to a point; 2. 121° 19' 40" 871.11 feet along Grant 13,586 to E. J. White to a inch pipe (set); Thence, for the next nine (9) courses following along the upper reaches of the wash of waves as evidenced by the debris line or the edge of vegetation as located on -1- November 13, 1995 and certified by the Department of Land and Natural Resources on January 29, 1996, the direct azimuths and distances being; 3. 245° 2T 104.47 feet to a spike (set); 4. 258° 39' 73.87 feet to a P.K. nail (set); 5. 236° 58' 65.32 feet to % inch pipe (set); 6. 222° 06' 79.60 feet to % inch pipe (set); 7. 197° 55' 50.90 feet to a % inch pipe (set); 8. 221° 06' 16.43 feet to a % inch pipe (set); 9. 239° 03' 84.54 feet to a spike (set); 10. 239° 00' 17.88 feet to a spike (set); ] i. 223° 0T 15.19 feet to a % inch pipe (set); 12. 272° 26' 30" 342.63 feet along Lot 11 of Waikoloa Beach Resort, Phase I (Amended) (File Plan 1562) and along the remainder of Royal Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalama to a P.K. nail (found); 13. 301° 19' 40" 373.34 feet along the Southerly side of a 60-Ft. Wide Road right-of--way to the point of beginning and containing an area of 9.643 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision and/or Plan Approval for the subject property shall be secured within five (5) years from the effective date of this [change of zone] amendment. C. Access(es) to the subject property shall be constructed meeting with the approval of the Department of Public Works. D. A Solid Waste Management Plan for the proposed development within the subject property shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision or plan approval review, whichever occurs first. E. A Flood Study of the subject property shall be submitted to the Planning Director in conjunction with plans submitted for subdivision or plan approval review, For any portion of the subject property, whichever occurs first. Drainage improvements shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval or certificate of occupancy for the subject property, whichever occurs first. F. A wastewater disposal system shall be constructed meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. -3- G. An archaeological preservation plan shall be prepared and submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. H. An anchialine pond research report and preservation plan shall be prepared and submitted for approval with the DLNR-HPD. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. I. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient mitigative measures have been taken. J. The applicant shall make its fair share contribution to mitigate the potential impacts of the proposed development within the subject area with respect to parks and recreation, fire, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of units proposed to be developed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final plan approval or final subdivision approval, whichever occurs first, for any portion of the subject area or its increments. If the subject area is developed in two or more increments, the amount of fair share contribution due and payable prior to final plan approval of each increment shall be a sum calculated in the same manner according to the number of proposed units in each such increment. The fair share contribution may -4- be in a form of cash, land, facilities, or any combination thereof acceptable to the Planning Director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $7,965.90 per resort unit. Based upon the applicant's representation of intent to develop up to 4 units, the indicated total fair share contribution is $31,863.60. However, the total amount shall be increased or reduced in proportion with the actual number oflots/units according to the calculation and payment provisions set forth in this Condition J. The fair share contribution shall be allocated as follows: 1. $1,942.74 per resort unit for an indicated total of $7,770.96 to the County to support park and recreational improvements and facilities; 2. $87.99 per resort unit or an indicated total of $351.96 to the County to support fire facilities; 3. $43.02 per resort unit for an indicated total of $172.08 to the County to support solid waste facilities; 4. $5,892.25 per resort unit for an indicated total of $23,568.60 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Planning Director. For purposes of administering Condition J, the fair market value of land contributed or the cost of any -5- improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the Planning Director, upon consultation with appropriate agencies. K. The applicant shall establish a program for employee housing which shall be submitted for the review and approval of the Planning Director and Housing Agency together with the submittal of plans for Final Subdivision or Plan Approval for the proposed development, whichever occurs first. The program shall include provisions for on-site or off-site housing for the employees of the proposed development in an amount to be determined by a study of surrounding housing opportunities and employee needs. The program may also include consideration for other alternatives such as rental housing subsidies or housing allowances. The approval of the program shall be secured prior to the issuance of a certificate of occupancy of the proposed development within the subject property. L. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire Department and the Department of Water Supply. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance. N. An extension of time for the performance of conditions within the ordinance, with the exception of Condition B, maybe granted by the Planning Director upon the following circumstances: -6- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that is not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). O. Should any of the conditions not be met or substantially complied within a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -7-