The URL can be used to link to this page

Home My WebLink AboutCOM 0602.000 2002-2004 aNtV or N u°: Harry Kim Christopher J. Yuen MaYn/ Direcmr OF~Mr~' Roy R. Takemoto Depuro Dirccmr fauixn#~r of ~tttut~ii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-30431 r" (808)961-8288 Fax(808)961-8742 April 15, 2004 Mr. Sidney Fuke, Planning Consultant r . 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: SUBJECT: Non-Significant Zoning Change Application (NZC 04-001) Applicant: Mauna Lani Resort (Operation), Inc. Kalahuipuaa, South Kohala TMK: 6-8-22:15 This is to acknowledge receipt on March 18, 2004 of your request, on behalf of Mauna Lani Resort (Operation), Inc., for a determination of anon-significant zoning change in accordance with Section 25-2-45 of Chapter 25, Hawaii County Code and Planning Department Rule No. 8. Your request is to adjust the zoning boundaries on the mauka side of the 31.019 acre parcel by exchanging .889 acre of Open (O) zoned land fora .332 acre and a .557 acre (total of .889 acre) of Resort (V-1.25) zoned land. It affects a portion of the existing tennis courts, as well as the landscaped area leading into the parking lot. All are contiguous to each other. The Mauna Lani Resort area was initially zoned for resort and related urban-type uses in 1976. This adjustment is required to allow for the construction of a 10,800 squaze foot open pavilion in the area of the existing tennis courts. The tennis facility would be relocated to the resort's sports and fitness center. While the zoning adjustment involves different areas that are contiguous to each other, there will be no increase or decrease in the land area for each of the affected zoning district. Comm. No. ~Z- Ref. Toe Ref. Dote. Mr. Sidney Fuke, Planning Consultant Page 2 April 15, 2004 According to Section 25-2-45 of the Zoning Code regarding Non-Significant Zoning Changes, the Planning Director may administratively grant non-significant zoning changes that must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and must either: (1) Not result in a net increase in the density allowed in the zoning district(s) containing the affected area; or (2) Be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s). Upon review of the request, we have determined that it complies with the criteria set forth in Section 25-2-45(a)(2) of Chapter 25, Hawaii County Code, for determining non- significant zoning changes. 1) The adjustment of zoning boundaries will not result in any increase in the zoning densities. The total area of the adjustment is an equal .889 acre each. 2) The area under review is in compliance with the General Plan. The project site is situated within an area designated as a "Resort" by the General Plan Land Use Pattern Allocation Guide (LUPAG) map. 3) The changes will not result in a net increase in the density allowed in the zoning districts containing the affected area. There is no increase or decrease in the land area for each of the affected zoning district. Based on the above, we hereby administratively grant the requested non-significant zoning changes. Should you have any questions, please feel free to contact Esther Imamura or Susan Gagorik of this office at 961-8288. Sincerely, CHRISTOPHER J:'N Planning Director ETI:mad P:\W P W IN60\ETI\NonSigZChange\FUkeMaunalani68022015-rtf Mr. Sidney Fuke, Planning Consultant Page 3 April 15, 2004 cc: w/app ~liawaii County Council Real Property Tax Division Planning-West Hawaii Office Planning-TMK Mapping Section (Hans Santiago) Planning-Long Range Section cc: w/map, M&B description:Planning-GIS Section (Gilbert Bailado) ~ ~ ^ ^ ^ r - I~ NONSIGNIFICANT ZONING CHA~IGF APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Mauna I.ani Resat,(Operarian) Inc. APPLICANTS SIGNATURE: DATE: March 18 , 2004 Takahiro Su yoshi APPLICANT'S ADDRESS: 68-1400 Mauna i.ani Drive, Suite 102 Kohala Coast, HI96743-9726 APPLICANT'S PHONE (Bus.) 881-7906 (Res.) (Fax) 88t-7940 APPLICANTS AGENT: Sidney M. Fuke, Planning Consultant AGENT'S ADDRESS: 100 Pauahi Street, Suite 2t2 Hib. HI 96730 AGENTS PHONE: (Bus.) 969-1522 (Res.) (Fax) 9~-7996 LANDOWNER: Mauna I,avi Resat, (Operation) Inc. LANDOWNER'S SIGNATURE: ~p LA~'DOWNERS ADDRESS: 68-1x00 Mauna I.ani Ikive, Suite 202 Koa61a Coast, HI 96743-9726 TAX MAP KEY: 6-g-oz2: ols REQUEST: V-L25 and Open TO Open and y-1.25 (Eiisting Zoning)) Proposed Zoniag) : ~'w SIZE OF AFFECTED AREA(S):.889 aaresl38,724.84 square feet (See Additional Instructions on Next Sheet) y:wpwie60~normlrol9erl(orm.wzc (3-9A0) NONSIGNIFICANT ZONING CHANGE REQUEST (V-1.25 and O to O and V-1.25) MAUNA LANI RESORT (OPERATION), INC. Kalahuipuaa, South Kohala, Hawaii, TMK: (3) 6-8-22: 15 1. GENERAL BACKGROUND In 1976, the area covered by the Mauna Lani Resort master plan was rezoned into a variety of zoning districts (Ordinance No. 380). An overall Special Management Area use permit (SMA No. 2) pursuant to the master plan and zoning was also issued by the Planning Commission that same year. Although there were subsequent amendments, the basic zoning designations, which included resort (V-1.25), commercial (CV-10), multiple- family residential (RM-3 and RM-4), and open (O), coincided with the concept master plan. A copy of the zoning map encompassing portions of the resort is reflected in Figure 1. Since the zoning boundaries were designed to implement a concept master plan, there are instances where the zoning boundaries do not coincide with the actual property lines. This is the case here. The applicant, Mauna Lani Resort (Operation), Inc., is the owner of the Mauna Lani Bay Hotel and Bungalows. This hotel sits on a 31.019-acre site identified by TMK: 6-8-22: 15. Although the hotel is in a resort area, the subject site is zoned resort N-1.25) and Open (O). (Figure 2) The Open zoned area generally encompasses the perimeter of the subject site, including a good portion of the oceanfront. It also includes a good portion of the mauka end of the site, which is presently dominated by tennis courts. (Figure 3) As reflected in Figure 1, for the most part, the Open zoned area of the subject property abuts other Open zoning properties, such as the golf course and the fishponds. The applicant is proposing to relocate the tennis activity to its sports and fitness center located on another site within the resort. The existing tennis courts would then be demolished and replaced with an open pavilion and landscaping. (Figure 4) The open pavilion would be used by the hotel for social, cultural, educational, and related activities. The area of the proposed pavilion, however, is zoned Open (O). Given its intended use, it may be possible to have the proposed pavilion be deemed a "community building" and hence permitted in the Open zone. However, 1 ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ 1~ ~ o o~ ~ \ o ~m o ~ ~ o ~ 3` ~ o .c f 3 ~ ~ \i ~ o a ~ ~ i o ~ ~ o\\ ` \m \ \ M U d ~ 1 ~ J~ o o ~ c N ° ° I J o. > 3 ~ " o M - ~ ~ ~ ~ o ~ V~ 3 o o j , r," ~m i o ~ I 0 ~ l I ~ ~ ~ Sub'ect Site > ~ o / p i, I 0 0 ~ ~ o ~ > ~ ~ ~ U ~ ~ I V L_ ~ 1 ~ ~ ~ ~ o o ~ 1 N 1 I ~ y ~ \ L~ o ~ ~ FiQU~e 1 ~ _ \ ~ a ~ h0 1 I 1 ~jS \ A \ `J I 1 ' r_oT G \ '3 ~ I ap ~'se.DB n CoT ~ ~G 1 ~:pur/ MiNe~ G _ _ - - ~_BZ cor (z F - vo. n !a. r mT O> J 'ap aw ]ee u' Y' Joi.OL \II ( ~ ~ t (NR ~eLWN D W. i= 2 s ~ ,o,r e x~ - - - - p ~ .,.~.b..,,. \ eye, ~si dtvi-rvA°'°P°" T ~ ~ ~,..e.r<es p.-v°'P -caem y _ ~ \ ate= °~,d-K' _ ~ 6NO~ ~ ~ _ g 1:3 ~ W r 1 11 l- I ~ u t ~ 1 ~ _ C• j i ( ^ a ~o~ ~ ~ VAT ~.I~ ~i, 1~ ~ ~ p~ f ~ n i \ ~,r L i 2 , w ~ ~ 1 /i `F` V1, ~ 'F~, ~ S ~;-gyp Y ~G. ~a ~ t) ~ ' ~ ~ ~ V' rr 1. .Y ; !e~ y> > 1 I - - ~ j - - - X31' ec. -9~ ~\a.-,_~"-~ ~ `i - D E 1~' ° ~ L~ y -I/, _ 4 • It_ Wiz, Ilv a G i ; ~ 1e - - ' is ,r G' ~ `4 ~ 1 ~ ~ I I I P .i ~ _ _ -..li. S'1'O °b Wv ~YS~~~~1 ~ _ s~wN~GS av a4 ~~0. 9a a. ~ s - X J \ ~ e Mee _ .`.`4'7lFPCCiTl9Q" k ' Mr ~.i;~eJ L`~~_ / G}t~G[I~.~L~NI 9AY.!`IO7EL, ~ _ - , _ 1 u.u .f[~d M1w~. GIN®:LGT LdND'COVIET APPIICG'[ION IBS CMYP ~-2e rZ .~S Y -y, a"+d CUilCyy.'.ceAe.:.n (wp al rb CncN;vr eluq.id vvia}~//lice - p D lOT 14~ MGONp [,ANI RC$OILT-PHli9CSY G $Cr~LG rL4N IBCI}^ \ ~ - ~ i 1 iuM arw a. Lo! euw (M;.py!-pyyns ~e(nF pW CaJ KALGNVIPVG4~ WG11 pLOp. WGIMEG. $O(1]H KOH4LG~ ISLDND Or NG WtI. MOWNI \ y.+i. lea[ ~ _,a pY ~u-Xy~~ ~o.~.~:A~ sN,6~ n.:.ti,..:' ]nx Mnc KeY e - 9 - e2: rs C 3 w DIV.) -~r,~,: /,dam _u~ F - -r i •~`"",L e.,.._~ s rM ,.e=~,.K iev~1 - ~ ~ - i ~'s-FF^^'~ - e- _ ,e PNI RG90RL7 IM Ih~iA`P"!.(~ep{ef'4rtYlusf~n~iS OWNCJC M4VNG L C ~u~ ~ m~ c:~ ' - ~ - s - e. r. ~ . - >~~s~ - - ~ ~ - ~ sw .~.a sue.- Y - - __.~J.. -.~n._'~_f........__?_...,~.,2....~ _a~-` ,'r-_r^-' ..df3?.;2 `--r. j s°^°_. r11..r~~~. ..v+ _ _ 'i, ~ aeiisroas ~I ~ a , r o o ~ o a o ~ ~ ~ i~r~ / - - / _s - /f _ ~ $ l/ ~ ? 1.25; ~ m 7 ReSOTt ° ~ ~ ~ 4L Q ~ ~ g ~z~ ~ Q44' 4~ ° - 'O w m L ~ c 5 Jb ~ .`4 - ~ i _ ~ ~ % ~ ~ / i ~ ~ Nub / ass ~ ~ F ~ 28 O enTO §a3 x a O en _O 3 ~ ~5 ~ ~~w Y Fi ure 3 ~~~sting ~i~e plan ~ ,gym a-~ a i. ` i aerwals Y n - i C n i $ D 5 93 2 3 c I Resort (V-1.25) I ~ i ~ 1 - i ~ ~ ~ Resort (V-1.25). to O en O ; ; / s° 8 1 / / ± s _ ~ ~ i r _ / 3 / J. E ~ ~ o O ~ ! rd s. ~ I ~ 'E:+,n^q BoCq mnlaa _ _ n"e: bO o^i6, m° f / INewarcp ^rb lu Fy uU p+ 1~ ~ / y $E} C~ ~ d7 ~ f. 9 f `F A A~, r~1 m ~ 9. / /r~~ / aMen alkway'r^M torc~n _Od. ~ N ~ ~ 4= / G j % L G O C ~ ~ r--1 I / / Q~. ~r1 S '_an.5ppa prey, - 1 S i ~ C ` ^~ySM „~T_ ' Pre.:umyon Pad c n" _ r7VS / Se^ 0.^s ~ r • - l ~ ~ G^=°'~~°~ ~ , ~ O eK O ~ rN /1~ 9~ i Y ~ ~N~M1'PAVILION~ \ TUM BIOCk ~a~k13U~ o i~ ~k~~ 'G^r Fjrt ACC ~ < tO.HWSF a f MM ~ ~ a ~ 1 I ' / X~~ J`` ~ ' ~ _ L ~ A 1 Den _O ~ ,~v IsarvloeACC.a. ~ ~kw Lws sP Pp^^ g A -s.n.kz. Elace:ai ~ ~ a \\\a swragaunalnq f 5: a ~ ~8 ax ~ Den O to Resort fT' L25) v][13?''~~.~ ~ V p3) tl c 3 Resort=1.25 to O en O , FiQUre 4 '~z ' -ar- ~ N~.~~nA.: proposed -site play _ a a-z - - - SCHEME~THREE ~ 1 because it will be an integral part of the hotel operations, the applicant has elected to have this area rezoned into the resort (V-1.25) zone. The required area to accommodate the proposed pavilion is .889 acres or 38,724.84 square feet. As such, the applicant is proposing to have this area rezoned from Open (O) to Resort (V-1.25). Concurrent with this action, two areas consisting of a combined area of .889 acres, would be rezoned from Resort N-1.25) to Open (O). This zoning exchange is found in Figure 5. The first of the proposed Open zone, consisting of .332 acres and identified as Parcel 1 in Figure 5, would result in the extension of the existing Open zone that currently rims the southern or Kona end of the property. The other area, consisting of .557 acres and identified as Parcel 3 in Figure 5, would include a good portion of an existing landscaping located between the driveway leading to the hotel and its parking lot. 11. NONSIGNIFICANT 20NING CRITERIA Pursuant to Section 25-2-45 of the Zoning Code and Rule 8 of the Planning Department's Rules of Practice and Procedure, nonsignificant zoning changes may be processed administratively by the Planning Director. This can be done only if the requested area conforms to the County General Plan and meets one of two size-related criteria. A. Size Requirement As will be indicated below, the requested area does conform to the County General Plan. Relative to the size-related criterion, the Code provides that a request can be considered if the requested designations will (1) not result in a net increase in the density allowed in fhe zoning district(s) containing the affected area; or (2) be the lesser of a true percent or one acre increase or decrease in the area of any zoning district. The applicable criterion in this instance is the first one relating to density. In this situation, there will be no net increase or decrease in the area of any zoning district. Within the subject parcel, an area consisting of .889 acre would be rezoned from Open (O) to Resort (V- 1.25), while two separate areas consisting of a total of .889 acre would be downzoned from Resort (V-1.25) to Open (O). Since one of the criteria has been satisfied, the other one is not really pertinent. Nonetheless, we would like to note that of the 31+ acre site, approximately 25 acres are zoned Resort (V-1.25). Five (5) 2 i O J R ~ r~ w W i aP~N o Q ~ _ e>>" Zzcn~: ~y y.,a1 ' W ~ LiJ Y = oy = g W H Z o m~~~ UQ~s° ~ J < x Q ¢ `x 6~e W H ~ H o" ~ ~ Q = ~ ~ <J ~FZ-IQ Y~ z O N r. ~etep _ e r ; b g 3r 'a r of f ~ ~aOtl t d e"~or S - t r" i ~ m 2~6, - ti r •r ~ w ~ 7 r „ ~ MM d 'a -(ice 1 wI N N , me ~ o a mo ~ ~ = s~ 10 ~ r-1 a ~~r ~ e<. s ~ ~ QNe r, O i t` N dj Jfr ti WAN ~~\j ~ n~ 4 > a i > e°~ - ~S'" ~ S= f _ ~ ~ "a ~ ~ w lat 2° H j ~ . 1785 APPli°atl°° j ~ court 'hi la°d-. ~ 7w ~ ~ ~ i 9lIlO2\MIIIAYd~Itl'M13NY6VM1S11M\ 3 Figure 5 percent of this area is 1.25 acres. The requested .889 acre area is less than a 5% or the maximum 1-acre increase in the overall density of the site. Thus, it is maintained that this request satisfies both criteria fora non- significant zone change as outlined in the Zoning Code and the Department's Rules. B. Planning Policy Requirement The other major criterion requires compliance with the County General Plan and development plan designations of the property. In this case, the County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject area Resort. The site is also classified Uri~an by the State Land Use Commission. The site is also within the Special Management Area (SMA). The requested Open (O) and Resort (V-1.25) zoning designations are consistent with the County General Plan LUPAG map's Resort, as well as the State Land Use Urban designations. Furthermore, a SMA permit for the entire resort was previously approved in the mid 1970's, which covers uses such as the proposed pavilion. III. PROJECT LOCATION The subject area is located on the grounds of the existing Mauna Lani Bay Hotel and Bungalows located within the Mauna Lani Resort complex in South Kohala. More specifically, the affected area is located generally mauka of the existing hotel in the vicinity of an existing tennis complex and the parking lot. (Figure 2) Situated generally south and adjacent to the coastline is a complex of ponds, which are zoned Open. Immediately mauka of those ponds southwest of the project site is the Mauna Lani Terrace project. This condominium site is zoned multiple family residential (RM-3). Mauka of the subject site is a portion of the golf course, as well as those areas north of the hotel. The area of the golf course is zoned Open (O). As reflected in Figure 5, a .889 acre area would be rezoned Resort (V-1.25), while two areas with a combined area of .889 acres would be rezoned Open (O). These areas are located on the mauka end of the hotel site as shown in Figures 2 & 3. 3 IV. PROJECT DESCRIPTION As noted earlier, the applicant is proposing to develop an open pavilion consisting of approximately 10,800 square feet in the vicinity of an existing tennis complex as shown in Figure 4. This structure would have a height not exceeding 30 feet. The applicant intends to use this pavilion for social, entertainment, cultural, educational and related activities. Inasmuch as the subject area is zoned Open (O), such a structure and use may not be permitted for all of the uses intended by the applicant. As such, the applicant is proposing to have said area rezoned into the Resort N-1.25) district, while relinquishing a similar sized area for Open (O) zoning and uses. V. ENVIRONMENTAL CONSIDERATIONS A. Site Characteristics The area of the proposed Resort (1/-1.25) zoning is relatively level and already being used for tennis. The areas of the proposed Open (O) are already landscaped. The average temperature varies between 72-80 degrees with higher periods during the summer. The annual rainfall in the vicinity is about 10 inches. B. Soils The subject areas have been fully improved, and the natural soil characteristics have long been abandoned. The area of the tennis courts has been improved with impervious material, with some introduced landscaping. The other landscaped areas have been improved with introduced soil and plant material. Notwithstanding the above, the Land Study Bureau overall master productivity rating for the site is "E" (E-319). This refers to soils of very poor potential for agricultural productivity. The soil series is bare a'a lands with no soil material. It is excessively drained. The site is not classified under the State's Agricultural Land of Importance to the State of Hawaii (ALSIH) system. 4 C. Floral and Faunal Considerations Given the development of the area surrounding the subject area, as well as the fact that the subject site has already been cleared, it is unlikely that there would be any significant, if any, faunal resources of the subject site. The native floral resources are absent, as the site has already been cleared and planted with introduced vegetation. D. Archaeological As the subject areas have been fully improved -with either tennis courts or landscaping - it is unlikely that there are any archaeological resources within the area of the proposed improvements. There are also no known archaeological features proximate to the area of the requested zone change. E. Culturallmplications The subject area is proximate to the shoreline and also to some Hawaiian fishponds to the south. The overall resort has provisions for access to the shoreline and fishponds. The requested zone change and resultant improvements would not have any impact to these coastal or historical resources. F. Drainage The subject site is designated "X", area outside of the 500 year storm, on the Federal Flood Insurance Rate map. Appropriate drainage systems, if needed, in conjunction with the building permit process for the proposed pavilion will be implemented. In the event a drainage system is required, the approved plan will reflect that no on-site storm water resulting from this project be discharged to adjoining properties. G. Volcanic and Earthquake Hazards The USGS classifies the area as Lava Flow Hazard Zone 8, on a scale of ascending risk 9 to 1. The populated area of Kaitua-Kona is designated Zone 3, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation, except to rely upon the County's Civil Defense system and respond accordingly. The entire island of Hawaii falls within Earthquake Zone 4, according to the Building Code. As such, appropriate structural requirements 5 will be taken and approved in conjunction with the building permit process to address this potential seismic hazard. VI. INFRASTRUCTURE CONSIDERATIONS A. Road and Tratl'fic The proposed pavilion has traffic generation implications, while the requested Open zone would not. The proposed pavilion is intended to be an integral amenity of the applicants hotel operations. As such, its use should not generate a significant amount of traffic, other than normal hotel traffic. There will, however, be occasions where there will be non-exclusively hotel functions (such as a community event). In those instances, there will be some measure of traffic impacts, and the applicant (as with other on-site community functions) have made interim traffic and parking accommodations on site or proximate to the event. Access to the site is via a private 20-foot wide paved road within a 50- foot wide right-of-way. These conditions are adequate to address any additional traffic that may be generated by this rezoning. Then, too, the roads are privately owned and maintained and, as a result, will not result in any added public costs. B. Water The site is already serviced by County water. The applicant has sufficient water commitments from the County to implement this project, independent of the commitments for other projects within the resort. Then, too, with the development of single-family residential lots in areas zoned for multiple-family residential uses, the amount of actual commitment being utilized has been less. C. Wastewater Like the water and road impacts, the wastewater impact should be negative. There is an existing private sewer line and a wastewater system that services the hotel and restroom facility within the tennis complex. This system will service the proposed pavilion. 6 D. Solid Waste and Utilities and Government Services. While there may be additional solid waste generated by this action, the pavilion's waste will be absorbed into the hotel or applicant's overall solid waste disposal program. Currently, private haulers remove and dispose of the solid waste into approved disposal sites. As such, solid waste and utility and service impacts should be negligible, if at all. VII. REGULATORY CONSIDERATIONS A. Relationshia to Countv General Plan The requested zonings N-1.25 and O) are consistent with the County General Plan Land Use Pattern Allocation Guide (LUPAG) map of Resort. The site is also within the State Land Use Urban district, and no State Land Use Commission action is required. Although the site falls within the County Special Management Area, a SMA permit granted in the 1970's covers the requested improvements. Furthermore, the proposed addition would not increase the density or potential use of the subject parcel. As such, this project would still implement the broader land use objectives sought by the General Plan LUPAG map. Relative to the General Plan policies, the requested zoning would have some but relatively negligible impacts. This is largely due to the nature of the request, which amounts to an exchange of like area within an existing parcel. Nonetheless, there will be added economic opportunities. During the short-term, there will be construction and construction-related employment. When completed, the facility will require that it be manned and maintained during its non-use; and when events take place, there will be interim and possibly long-term employment considerations. Relative to the other goals such as energy, environment, housing, and public facilities, the impacts are almost non-existent. Likewise, because the area has already been disturbed, the archaeological, floral, and faunal impacts would negligible, if at all. 7 Although the subject site is adjacent to the shoreline and may coastal resources concern, the area of the proposed improvements and zoning exchange are not. The resort has an overall coastal and archaeological access program. These accesses would not be affected at all by the requested zoning and/or facility. Then, too, through the use of a private wastewater system that is part of the overall resort, impacts to the coastal water will be minimized. Finally, in terms of land use, the project would be consistent with the LUPAG map. It would also be compatible with the surrounding area, which is zoned either Open or RMS. B. Relationship to Development Pfans The draft Northwest Hawaii Open Space and Community Development Plan (1992) designates this general area for resort uses. As such, the requested zoning changes would be consistent with this draft Plan. C. County Zoning The proposed action will result in a swap of zoning areas within an existing parcel. There will thus be nn net density increase or decrease. tf approved, the proposed pavilion will be constructed consistent with the parking, setback, height, and associated requirements of the zoning code. The applicant also intends to apply for Plan Approval prior to submittal of plans for a building permit. D. Other Permitting Considerations The site is within the County Special Management Area. However, as noted earlier, a master SMA permit for this resort was approved in the late 1970's. This (zone change) action does not, in and of itself, generate any development activity. Subsequent permits (such as Plan Approval and building permit) are still required. As such, if it is subsequently determined that a SMA permit is required, it will be complied with by the applicant VIII. JUSTIFICATIONS FOR REQUEST A. Agriculturallmpact As the site has been fully disturbed and previously classified "E" on the Land Study Bureau's map and considered "Prime Agricultural 8 Land" under the ALISH classification system, it has very poor agricultural resource potential. As such, this action would not militate against the State and County's long-term agricultural objectives. Additionally, the site is already cleared and no reasonable agricultural use of this sliver of land can be made. The surrounding areas are also developed with structures and a golf course. The request would thus not result in the removal of any cultivated land. These and other related factors were the reasons this area was designated Urban by the State Land Use Commission. B. Infrastructure Considerations All of the required infrastructure to support this project are or can be readily made available. Water is available; the owners in conjunction with the building permit process will hook up to the private wastewater system that services the Mauna Lani Resort area. All other utilities are available to the site. Access to the subject area is readily available through an existing privately owned and maintained road. The road has aright-of-way of 50 feet with a minimum pavement width of 20 feet. C. Environmental Considerations The subject area has already been fully disturbed in the past. Given the disturbed nature of the site, the floral and faunal impacts are negligible, if at all. Then, too, the site is not designated as being within a floodway. It is zoned "X" on the Flood Insurance Rate Map. D. Relationship to Planning Policy Documents The request would be consistent with the County General Plan Resort designation. It would also be consistent with the objectives of both the resort and open zoning and the surrounding areas. The subject area is located within a built up area. This area must and is already been serviced by government. The resort also supplements this service with its own security system. Accordingly, it is maintained that all required infrastructure services are available to the subject site, and approval of these requests should not result in the further extension or exhaustion of government services. 9 Y / 'j r ~ / ry = r ~ ~ 1, ~ ' 2 PARCEL 3 ~ i ~ / 9~ V-1.25 to Open ; ~ / .4 % ~ 'g i i # ayrt - texfi ~ ; ~ 1.~{ Plen M / 6{le lA sf '~11' ~~f`21'`~I~,' m lat tt ~ ~ ~~~vZT 1 e phases ~ 15 376.% N. ~ 1 m 3p.bx7.x1 M. $ a Ali EzlBtfng Open ~ Zbning Exie 'ng Vd.25 ZOnfng ~ PARCEL 2 1~ / Open to V-1.25 ~ o.B89 Ac. \ % o ^ ~ j ~ ~ o + j31M ' 278'54' ~r r e PARCEL 1 zafb T~- V-1.25 to Open \ t~ffi~ y 0.332 At. x °o ~ 1 ? ~ ~i J g ~t~' g~'a k~~ l ~ WNN~ PROPOSED AMENDMENT TO~~ ~ '~.~J,. , . `~8. ~ ~ ZONING DISTRICT 80UNDARIES ~,`v a ~ ~ AT MAUNA LANI RESORT ~ lnt 15 a! Mauna un1 wwrt- ~ ¢ / y~w,~ 1 KALAHUIPUAA, SOUTH KOHALA, usae•32• anwea II erq III (File Plan 182!1 ISLAND DF HANAII, HAMAII 26.x2 14 2/5.49 N. Tafa apY vat ara0ar10 eY tea MW 6eY fi~22. 15 'q 30, 369. f2 M. r ar unar ay aip4nieisn 5 / Bp.T COLLINS HAMAII LTD. 3 2153 NarN zlnp Street CaerBiwtea aiM eziautns reBrre0 to 'RA1 HINAI'® 91fta x06 Hwmiulu Haw11 968!9 wren zaa .Ne w. zaar49-ospp ll' a 1T DESCRIPTION Parcel 1 From V-1.25 Zoning to Open Zoning Being a portion of Royal Patent 7522, Land Commission Award 4452, Apana 3 to H. Kalama Being, also, portions of Lot 14 of Mauna Lani Resort -Phases II and III (File Plan 1821) and Lot 20 of land Court Application 1785 Situated at Kalahuipuaa, South Kohala, Island of Hawaii, Hawaii Beginning at the South comer of this parcel of land, the coordinates of said point of beginning refened to Government Survey Triangulation Station °PUU HINAI' being 15,245.49 feet North and 30,369.12 feet West, thence running by azimuths measured clockwise from True South: 1. 143° 09' 32" 26.02 feet along the remainders of lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821) and Lot 20 of Land Court Application 1785; 2. 233° 09' 32" 39.67 feet along the remainders of lot 20 of Land Court Application 1785 and Lot 14 of Mauna Lani Resort -Phases II and III (File Plan 1821); 3. 257° 22' 40" 74.45 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821); 4. Thence along the remainder of Lot 14 of Mauna Lani Resort -Phases II and 111 (File Plan 1821), on a curve to the right with a radius of 260.00 feet, the chord azimuth and distance being: 251° 27' 08" 239.69 feet; 5. 278° 54' 26.19 feet along the remainder of Lot 14 of Mauna Lani Resort - I Phases II and III (File Plan 1821); 6. 28° 25' 42.78 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821); 7. Thence along Lot 15 of Mauna Lani Resort -Phases II and III (File Plan 1821), on a curve to the left with a radius of 220.00 feet, the chord azimuth and distance being: 71° 30' 223.32 feet; 8. 77° 22' 40" 112.49 feet along Lot 15 of Mauna Lani Resort -Phases II and III (File Plan 1621) to fhe point of beginning and containing an Area of 0.332 Acre. 2153 North King Street 4P '1'C BELT COLLINS HAWAII LTD. Suite 200 OQi" LICENSED Honolulu, Hawaii 96819 rt PROFESSIONAL 3 LAND SURVEYOR ?~p March 15, 2004 * * r~~,sr~w/ l~L ~-rte,-..,gip No. 4188 Licensed Professional Land ~u Mayor y P' Certi0cate Number 4188 ~ R~'All , U y. DESCRIPTION Parcel 2 From Open Zoning to V-1.25 Zoning Being a portion of Royal Patent 7522, Land Commission Award 4452, Apana 3 to H. Kalama Being, also, a portion of Lot 14 of Mauna Lani Resort -Phases II and III (File Plan 1821) SRuated at Kalahuipuaa, South Kohala, Island of Hawaii, Hawaii Beginning at the North corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station °PUU HINAI" being 15,378.56 feet North and 30,027.21 feet West, thence running by azimuths measured Gockwise from True South: 1. 311° 23' 169.33 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821); 2. 7° 58' 151.52 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821); 3. 98° 54' 231.24 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1621); 4. 208° 25' 257.22 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (FNe Plan 1821) to the point of beginning and containing an Area of 0.889 Acre. ~iP~ W. CU/yti~~G 2153 North King Street LICENSED BELT COLLINS HAWAII LTD. Suite 200 2 PROFESSIONAL Honolulu, Hawaii 96819 LAND SURVEYOR March 15, 2004 No. 41138 't ~~K 1 ~~~'A/l , U S P' Licensed Professional Land Sew r Certificate Number 4188 ( J DESCRIPTION Parcel 3 From V-1.25 Zoning to Open Zoning Being a portion of Royal Patent 7522, Land Commission Award 4452, Apana 3 to H. Kalama Being, also, a portion of Lot 14 of Mauna Lani Resort -Phases II and III (File Plan 1821) Situated at Kalahuipuaa, South Kohala, Island of Hawaii Beginning at the South comer of this parcel of land, the coordinates of said point of beginning referred fo Government Survey Triangulation Station "PUU HINAI' being 15,378.56 feet North and 30,027.21 feet West, thence running by azimuths measured clockwise from True South: 1. 191° 08' S0" 312.30 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821); 2. 328° 46' 52" 230.75 feet abng the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (F~e Plan 1821); 3. 58° 46' 52" 210.45 feet along the remainder of Lot 14 of Mauna Lani Resort - Phases II and III (File Plan 1821) to the point of beginning and containing an Area of 0.557 Acre. P~ W ~ °u~W 2153 North King Street ~i ~ ~'~'C BELT COLLINS HAWAII LTD. LICEM1SED HOnoIU UO Hawaii 96819 o-O ?ROF-c~lt7NAl LANDSURVEYOp March 15, 2004 No. 4188 * ~%c ~ y9h'All, U ~ P Certificate Number 4188 nd Sine or