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HomeMy WebLinkAboutCOM 0770.005 2002-2004 SidneyFuke, Planning Consultant Mae 100 Pauahi Street, Suite 212 - Hilo, Hawaii 96720 - Planning - Variance - Zoning Ap"W Telephone: (808) 969-1522 - Fax: (808) 969-7996 - Subdivision - Land Use Permits - Environmental Reports October 22, 2004 Honorable James Y. Arakaki, Chairman County Council COUNTY OF HAWAII ? T ` 25 Aupuni Street c?, Hilo, HI 96720 ro rv Dear Chairman Arakaki and Members: Subject: Bill No. 327, Draft 2 - Kona Oasis, Inc. As requested by the Council at its meeting of October 20, please find enclosed a copy of the Special Management Area (SMA) Use Permit for the subject project. This Permit was approved by the Planning Commission at its meeting of October 1, 2004. Thank you very much for your time and attention on this matter. Should you have questions on this matter, please feel free to contact me. Sincerer SIDNEY M. FUKE Planning Consultant Enclosure Copy - Mr. Ali Ghalamfarsa w/o enclosures via FAX Comm. No. 7Q Ref. To: Ref. Dote 6oJN11 110 N~~1 Harry Kim Mayor 60 1; ~H County of Hawaii PLANNING CODIIVIISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (808) 961-8742 October 19, 2004 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Special Management Area Use Permit Application (SMA 04-006) Request: Proposed 93-Unit Condominium Project With Commercial Space And Related Improvements Applicant: Kona Oasis, Inc. Tax Map Key: 7-5-9'40 The Planning Commission at its duly held public hearing on October 1, 2004, voted to approve the above-referenced application. Special Management Area (SMA) Use Permit No. 451 is hereby issued to allow the development of a 93-unit condominium project with commercial office/retail space and related improvements. The 2.23-acre property is located between Alii Drive and Kuakini Highway and in the vicinity of the Kona Billfisher, Kona Pacific, and Kona Mansions condominium complexes and mauka of the Royal Kona Resort Hotel, Kailua-Kona, Puaa 2"a, North Kona, Hawaii. Approval of this request is based on the following: The purpose of Chapter 205A, Hawaii 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 are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The proposed development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable 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 proposed development includes: Mr. Sidney Fuke Page 2 • Four 4-story structures, plus subterranean parking area; structures not to exceed 45 feet in height. Two of the structures are interconnected by exterior walkways (breezeways). • 93 residential units, of which 33 will be accessible from Alii Drive, and the remaining 60 units will be accessible from Kuakini Highway. • Two-bedroom units (majority of the proposed units). • Two commercial areas with a combined area not more than 10,000 square feet fronting Alii Drive and Kuakini Highway. Of this, 25% will be oriented towards Alii Drive and 75% from Kuakini Highway. • Lobby/office area • Exercise room • 152 subterranean parking stalls, including 6 handicapped and 3 compact stalls, plus two loading zones. 117 are required for the 93 residential units and 35 stalls are required for the commercial areas. The setback of the main structure from Alii Drive and Kuakini Highway will be in excess of the minimum requirement of 20 feet. The Kuakini Highway frontage will have a setback ranging between 24 to 55 feet. The setbacks from the side yards will have a minimum distance of 14 feet. Extensive landscaping will be incorporated within the project. The cost of the improvements is estimated to exceed $15,000,000.00 The anticipated construction completion date is mid-2006. Ordinance No. 91 71 (REZ No. 628) effective July 24, 1991 (which amended Ordinance No. 89 effective April 26, 1989), for a change of zone from Multiple-Family Residential 1,000 square feet (RM-1) to Resort-Hotel 1,000 square feet (V-1). The applicant has filed a request for a time extension to Condition B (file SMA Use Permit application within one year of the date of amendment to the ordinance) of Ordinance No. 91 71. The proposed project will not create significant adverse impacts upon nearby and immediately adjacent properties as the properties have been developed with apartments, condominiums, hotels, commercial and other urban uses. Along the Alii Drive frontage, there are resort and resort-related uses and activities surrounding the project site, zoned Resort 7,500 square feet (V-.75). The Royal Kona Coast Resort Hotel is located makai of the property. The Kona Billfisher and Kona Mansion condominiums are located to the north and south, respectively, and zoned Multiple-Family Residential 1,000 square feet (RM-1). There are numerous restaurants, commercial office and retail uses within 500 feet of the project site. Mr. Sidney Fuke Page 3 The proposed project will not have an adverse impact on coastal recreational or visual resources to the shoreline and coastal ecosystems. The property is located mauka of Alii Drive, approximately 300 feet from the shoreline. Therefore, the proposed project will not restrict access to coastal recreational resources. The proposed development will not exceed 45 feet in height. The view plane from the shoreline towards the property will not be impacted as surrounding properties are developed with condominiums, hotel and other retail establishments. Air quality in the area of the subject property is most affected by emissions from natural and vehicular sources. The principal source of both short-term air and noise quality impacts associated with the construction of the proposed improvements is expected during construction, especially during grubbing and grading activities. These impacts can be mitigated through the utilization of best management practices. Given the limited nature of the improvements, no significant long-term air and noise quality impacts are anticipated. The proposed project 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. County water and wastewater services are available to the site. Any potential runoff or discharge that could reach ocean waters can be handled by on-site improvements consistent with the requirements of the Department of Public Works. Any impacts from soil erosion and runoff during site preparation and construction phases can be adequately mitigated through compliance with existing regulations and proper construction practices. Air emissions generated during the construction phase for the proposed project can be mitigated by existing construction regulations. With these precautionary measures in place, the proposed development is not anticipated to have any substantial adverse effects upon nearby coastal resources or the surrounding environment. Conditions of approval will be included relating to wastewater, solid waste and public safety to ensure that impacts on coastal resources are minimized. An archaeological reconnaissance survey of the site was prepared in 1988 by International Archaeological Research Institute, Inc., and subsequently updated in 2003 by Rechtman Consulting, LLC (See Appendix A in application). The current inventory survey generally confirmed the findings of the earlier reconnaissance survey. Eight features were identified, and of these, three were identified as burials or possible burial or shrine. The known burials (Features 2 and 3) will be preserved in place. Feature 7 is also recommended for data recovery. The report recommended that nothing further be done for the remaining five sites, which included two modified outcrops, a boundary marker, a cairn, and a habitation site. As part of the mitigation plan, a Burial Treatment Plan will be prepared and submitted for review and approval of the Hawaii Burial Council prior to submittal of plans for Plan Approval. In their letter dated June 10, 2004, the Department Mr. Sidney Fuke Page 4 of Land and Natural Resources Historic Preservation stated that the revised/final report "meets with our approval." There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. The property is not used for access to the mountains or shoreline and no access to these area will be impacted by the proposed action. The property is located approximately 300 feet from the shoreline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, no scenic or open space resources to the shoreline or coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. The proposed development is consistent with the County General Plan and Zoning Code. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Medium Density Urban and Resort. A Medium Density Urban designation may allow village or neighborhood commercial uses and residential uses at a maximum density of 35 units per acre. The property is presently zoned Resort 1,000 square feet (V-1) by the County. This proposed development would complement, among others, the goals, policies and standards of the Land Use, Housing and Economic Elements of the General Plan. The proposed development will add to the variety of housing inventory for the district of North Kona, and provide housing in areas that are appropriately located and serviced. Thus, the project will implement the General Plan's Housing and Land Use Elements. The proposed development will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. The Master Plan for Kailua-Kona, adopted by Resolution No. 371 98 effective September 6, 1996 identifies this area as "High Density Residential." While the proposed development will not have a direct impact upon coastal recreational resources, review of developments within the Special Management Area must also consider the cumulative impacts of such developments upon these resources. The proposed access is from Kuakini Highway and Alii Drive. The accesses will not intersect, i.e., there will be no mauka-makai connection through this project, although pedestrian connections for residents will be provided. The applicant intends to construct curb, gutters and sidewalks along the property's frontage on both Alii Drive and Kuakini Highway. The Police Department has stated that "the roadways should not be set up like Mr. Sidney Fuke Page 5 cul-de-sacs. Developer should establish a public roadway that connects Ahi Drive to Kuakini Highway. Entrances and exits from both Kuakini Highway and Alii Drive should be serviced by turning pockets on both roadways." In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The applicant presented the following information from which the Planning Commission can determine the valued cultural, historical, and natural resources within the area sought for the SMA Use Permit - An Archaeological Inventory Survey of TMK: 3-7-5-09:40, August 2003 by Rechtman Consulting, LLC. According to the applicant, the property is not a coastal property and does not have a history of providing indirect access to the shoreline. Vegetation in this area consists primarily of introduced exotics. The applicant has stated that it would not be likely that rare or endangered plant life would be found on the site, and since the surrounding areas are already developed, it does not appear likely that rare or endangered animal life would be found on the site. The valuable cultural historical and natural resources found in the area sought for the SMA Use Permit: The archaeological inventory survey confirmed that eight features were identified, and of these, three were identified as burials or possible burial or shrine. The known burials (Features 2 and 3) will be preserved in place. Feature 7 is also recommended for data recovery. The report recommended that nothing further be done for the remaining five sites, which included two modified outcrops, a boundary marker, a cairn, and a habitation site. As part of the mitigation plan, a Burial Treatment Plan will be prepared and submitted for review and approval of the Hawaii Burial Council prior to submittal of plans for Plan Approval. In their letter dated June 10, 2004, the Department of Land and Natural Resources Historic Preservation stated that the revised/final report "meets with our approval." Possible adverse effects or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: The property is located approximately 300 feet from the shoreline, mauka of Ali'i Drive, and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, Mr. Sidney Fuke Page 6 historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, it is determined that the proposed development and related improvements will not have any substantial adverse impacts on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 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 may initiate procedures to revoke the permit. 1. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. This Special Management Area Use Permit shall not be effective until the amendment to the accompanying Change of Zone Ordinance No. 91 71 is approved. 3. The applicant shall comply with all applicable conditions of Change of Zone Ordinance No. 91 71 and subsequent amendments thereof. 4. Construction of the proposed improvements shall be completed within five (5) years from the effective date of this permit. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, fire protection measures, paved driveway access and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). 5. As agreed to by the applicant, curbs, gutters and sidewalks along the property's frontages on Alii Drive and Kuakini Highway shall be constructed, prior to receipt of a Certificate of Occupancy. Mr. Sidney Fuke Page 7 6. The applicant shall provide a 5-foot wide road widening setback along the Alii Drive/Walua Road frontage and dedicate it to the county at no cost upon request by the Department of Public Works. The applicant shall provide full improvements to the entire frontage along Alii Drive/Walua Road and collector street improvements to realign the intersection of Walua Road and Alii Drive, meeting with the approval of the Department of Public Works, consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities. Install street lights, signs and markings meeting with the approval of the Department of Public Works, Traffic Division. 7. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 8. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the issuance of a construction permit. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. 9. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. 10. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. 11. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. 12. A Burial Treatment Plan shall be submitted for review and approval of the Hawaii Burial Council prior to submittal of plans for Final Plan Approval. 13. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. Mr. Sidney Fuke Page 8 14. An Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of Certificate of Occupancy. 15. Comply with all applicable laws, rules, regulations and requirements of other affected agencies. 16. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this permit. The report shall include, but not be limited to, the status of the development and extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. 17. An initial extension of time for the performance of conditions within this 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 this 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 may be subject to change given specific code and regulatory requirements of the affected agencies. Mr. Sidney Fuke Page 9 Should you have any questions, please contact Norman Hayashi of the Planning Department at 961-8288. Sincerely, Fre aldon , Chairman Planning Commission LkonaoasisOlPC cc: Department of Public Works Department of Water Supply County Real Property Tax Division Planning Department - Kona Department of Land and Natural Resources/HPD-Kona Rodney Haraga, Director/DOT-Highways, Honolulu Ms. Alice Kawaha Mr. Robert Usagawa Plan Approval Section Kona Oasis, LLC Hawaii County is an Equal Opportunity Employer and Provider