HomeMy WebLinkAboutREP PC 113 09/19/2006 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 19, 2006 Re: Comm. No. 1056/Resolution No. 449-06
PLACE: Sheraton Keauhou Bay Resort & Spa
TIME: 2:30 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 1056 and attached Resolution
449-06, reports as follows:
Resolution No. 449-06, transmitted by Communication No. 1056 from Amy Self, Deputy Corporation
Counsel, County of Hawaii Office of the Corporation Counsel, and approved by Mayor Harry Kim dated
August 30, 2006, presents "A Resolution Accepting the Declaration of Public Access Pedestrian
Easements from Kailua Kona Village Development Group, LLC, Tax Map Key (3) 7-5-07:21 (Portion),
Transfer Certificate of Title No. 199042, to the County of Hawai`i."
The Kona Inn Shopping Village Complex is located makai of Ali`i Drive between the Hulihe`e Palace (to
the north) and the County's Hale Halawai Park (to the south) and consists of approximately 4.077 acres of
resort, commercial and office buildings. On February 15, 2005 the Planning Department approved a
Special Management Area Minor Permit allowing for the construction of a new outdoor seating lanai as
an addition to an existing restaurant located at the northern end of the Kona Inn Shopping Village
Complex.
Condition 4 of the Special Management Area Minor Permit No. 178 provides that an updated Shoreline
Public Access Plan be submitted to and approved by the Planning Director, and shall include provisions
for recorded easements providing a lateral pedestrian walkway mauka of the seawall not less than 10-feet
in width along the entire shoreline, a 10-foot wide pedestrian easement through the property between Ali`i
Drive and the shoreline, connectivity between lateral pedestrian accesses to adjacent properties to the
north and south, and location of existing and proposed public access signage.
The Kailua Kona Village Development Group, LLC (Declarant), and the County of Hawaii have agreed
to be bound by and to encumber the property by recordation with the Bureau of Conveyances and the
Land Court of the State of Hawaii, a "Declazation of Public Access Pedestrian Easements". Pursuant to
Article XIII, Section 13-12, Hawaii County Charter, the Council may accept gifts of donations of any
interest in real estate on behalf o the County of Hawaii.
At the September 19, 2006 Committee on Planning Meeting, Dr. Holschuh noted Mr. Tyler's testimony
stating that the 10-foot width of the lateral access easement along the seawall should be measured from
the inside and not outside of the seawall. Mr. Holschuch also noted Mr. Tyler's discussion regarding
ADA compliance and that the stated prohibition of motorized vehicles should exempt motorized
wheelchairs. Lastly, it was noted that the Declaration should include the standard provision relating to
native Hawaiian access and gathering rights.
PC Report No. 113
Communication 1056
Resolution No. 449-06
Page 2 of 3
Committee Chair Pilago noted that the Committee for Security and Safety of the Village Merchants
Association and the Kona-Kohala Chamber of Commerce Village Improvement District staff supports
this resolution.
Your Committee on Planning is in accord with the purpose and intent of Resolution No. 449-06 and
recommends its adoption.
and
avES reoES A&e ex Respectfully submitted,
ARAKAKI X
HIGA X COMMITTEE ON PLANNING
HOFFMANN X
HOLSCHUH X ~
IKEDA X ~~C
ISBELL X
JACOBSON X K. ANGEL PILA , CHAII2
PII.AGO X PC REPORT NO. 113
SAFARIK x ADOPTEn: nrr t C Anna