HomeMy WebLinkAboutORD 1988-159 1988-1992;,, ~: , ~,
COUNTY OF HAWAII,' x.~STATE OF HAWAII
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Bill No. 627
(Draft 4)
ORDINANCE NO. ~~ 159
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO SINGLE
FAMILY RESIDENTIAL (RS-10); MULTIPLE FAMILY RESIDENTIAL (RM-3);
RESORT-HOTEL (V-1.25); VILLAGE COMMERCIAL (CV-10) AND LIMITED
INDUSTRIAL (ML-20) AT KOHANAIKI, NORTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-3-09:PORTION OF 3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Single
Family Residential (RS-10):
Parcel 1
Beginning at the northeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 7,839.61 feet South and 7,802.28 feet East and
running by azimuths measured clockwise from True South:
1. 328° 14' 41.6" 527.52 feet along Grant 2942 to
Hukiloa;
2. 94° 30' 100.00 feet along the remainder
of Grant 3086 to Kapena;
3. Thence along same on a curve to the left with a radius
of 1200.00 feet, the chord
azimuth and distance being:
83° 50' 444.23 feet;
4. 326° 00'
576.07 feet along same;
LA/TN
5. 27° 45'
6. 101° 00'
7. 175° 45'
8. 163° 45'
9. 122° 30'
1,048.30 feet along same;
100.00 feet along same;
290.00 feet along same;
450.00 feet along same;
300.00 feet along same;
10. Thence along same on a curve to the right with a
radius of 1200.00 feet,
the chord azimuth and
distance being:
220° 30' 334.02 feet;
11. 138° 30' 190.00 feet along same;
12. 192° 40' 269.93 feet along same;
13. 169° 41' 56" 188.10 feet along same;
14. 259° 41' 56" 825.00 feet along Grant 4536 to
J.A. Maguire to the point
of beginning and
containing an area of
25.950 Acres. (Refer to
Parcel 1 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be
Multiple Family Residential (RM-3):
n.., .. ,...~ ~f
Beginning at the southwesterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 10,750.36 feet South and 6,444.27 feet East, thence
running by azimuths measured clockwise from True South:
1. 185° 15' 490.05 feet along the remainder
of Grant 3086 to Kapena;
2. Thence along same on a curve to the right with a
radius of 4000.00 feet,
the chord azimuth and
distance being:
190° 22' 30" 714.63 feet;
-2-
3. 195° 30'
4. 285° 30'
5. 349° 00'
6. 339° 00'
7. 5° 15'
100.00 feet along same;
100.00 feet along same;
287.25 feet along same;
609.52 feet along same;
460.00 feet along same;
8. 95° 15' 530.00 feet along same to the
point of beginning and
containing an area of
11.493 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Single
Fanily Residential (RS-10):
Parcel 3
Beginning at the North corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KEAHOLE-2" being
8,908.22 feet South and 8,134.40 feet East, thence running
by azimuths measured clockwise from True South:
1. 328° 14' 41.6" 770.00 feet along the remainder
of Grant 3086 to Kapena;
2. 58° 14' 41.6" 463.56 feet along same;
3. 125° 45' 432.46 feet along same;
4. 207° 45' 730.00 feet along same to the
point of beginning and
containing an area of
7.685 Acres. (Refer to
Parcel 3 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Single
Family Residential (RS-10 ):
-3-
Parcel 4
Beginning at the southeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 10,302.98 feet South and 9,326.96 feet East, thence
running by azimuths measured clockwise from True South:
1. 65° 15'
2. 46° 00'
3. 33° 30'
4. 98° 25'
5. 150° 10'
6. 127° 55'
7. 217° 55'
8. 286° 10'
9. 238° 14' 41.6"
535 .00
360 .00
350.00
200.17
246.69
340 .00
1,190.00
265 .00
170.00
feet
of G
feet
feet
feet
feet
feet
feet
feet
feet
along
rant 3
along
along
along
along
along
along
along
along
the remainder
)86 to Kapena;
same;
same;
same;
same;
same;
same;
same;
same;
10. 328° 14' 41.6" 753.60 feet along Grant 2942 to
Hukiloa-to the point of
beginning and containing
an area of 24.784 Acres.
(Refer to Parcel 4 as
shown on Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Single
Family Residential (RS-10):
n -....... l C
Beginning at the northeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 10,559.99 feet South and 9,486.04 feet East, thence
running by azimuths measured clockwise from True South:
1. 355° 00' 600.00 feet along the remainder
of Grant 3086 to Kapena;
-4-
2. 341° 10' 270.00 feet along same;
3. 3° 00' 285.00 feet along same;
4. 83° 00' 540.99 feet along same;
5. 121° 00' 700.70 feet along same;
6. 177° 45' 213.14 feet along same;
7. 238° 52' 380.00 feet along same;
8. 226° 00' 310.00 feet along same;
9. 245° 15' 521.00 feet along same to the
point of beginning and
containing an area of
20.392 Acres. (Refer to
Parcel 5 as shown on
Exhibit "A").
The d istrict cla ssificatio n of the following area
situated a t Kohanaiki , North Ko na, Hawaii shall be
Multi ple F amily Resid ential (RM -3):
Parcel 6
Begin ning at the sout hwesterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Go vernm ent Survey Triangulat ion Station "KEAHOLE-2"
being 12,4 36.17 feet South and 8,014.28 feet East, thence
runni ng by azimuths m easured cl ockwise from True South:
1. 164° 39' 08" 322.16 feet along the remainder
of Grant 3086 to Kapena;
2. 233° 00' 266.69 feet along same;
3. 143° 00' 410.00 feet along same;
4. 233° 00' 217.44 feet along same;
5. 301° 00' 1,218.80 feet along same;
6. 74° 39' OS" 1,140.00 feet along Land Court
Application 1872 to the
point of beginning and
containing an area of
12.412 Acres. (Refer to
Parcel 6 as shown on
Exhibit "A").
-5-
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Resort
Hotel (V-1.25):
Parcel 7
Beginning at the southeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 12,436.17 feet South and 8,014.28 feet East, thence
running by azimuths measured clockwise from True South:
1. 74° 39' 08" 550.00 feet along Land Court
Application 1872;
2. 157° 13' 188.97 feet along the highwater
mark;
3. 136° 14' 254.93 feet along same;
4. 134° 44' 93.37 feet along same;
5. 122° 14' 71.55 feet along same;
6. 105° 19' 223.58 feet along same;
7. 180° 00' 120.00 feet along the remainder
of Grant 3086 to Kapena;
8. 233° 00' 220.00 feet along same;
9. 273° 15' 188.70 feet along same;
10. 233° 00' 619.60 feet along same;
11. 323° 00' 650.00 feet along same;
12. 53° 00' 266.69 feet along same;
13. 344° 39' OS" 322.16 feet along same to the
point of beginning and
containing an area of
17.040 Acres. (Refer to
Parcel 7 as shown on
Exhibit "A").
The di strict classification of the following area
situ ated at Kohanaiki, North Kon a, Hawaii shall be Village
Comm ercial (CV-10 ):
-6-
Parcel 8
Begin ning at the sout hwesterly corner of this parcel of
land, the coordinates of said point o f beginning referred
to Go vernm ent Survey Triangulat ion St ation "KEAHOLE-2"
being 11,7 32.39 feet South and 5,787. 36 feet East, thence
runni ng by azimuths m easured cl ockwis e from True South:
1. 185° 15' 1,038.02 feet along the remainder
of Gr ant 3086 to Kapena;
2. 275° 15' 1,209.30 feet along same;
3. Thenc e along sam e on a cur ve to the right with a
radiu s of 450.00 feet, the
chord azimuth and distance
being :
299° 07' 30" 364.27 feet;
4. 323° 00' 575.00 feet along same;
5. 53° 00' 619.60 feet along same;
6. 93° 15' 188.70 feet along same;
7. 53° 00' 220.00 feet along same;
8. 0° 00' 120.00 feet along same;
9. 50° 30' 51.05 feet along the highwater
mark;
10. 43° 30' 45.'03 feet along same;
11. 52° 38' 30" 153.45 feet along same;
12. 23° 40' 48.39 feet along same;
13. 118° 55' 70.69 feet along same;
14. 88° 42' 119.01 feet along same;
15. 205° 03' 57.96 feet along same;
16. 175° 03' 66.95 feet along same;
17. 183° 11' 115.90 feet along same;
18. 144° 51' 184.19 feet along same;
19. 111° 45' 143.73 feet along same;
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20. 121° 08' 154.77 feet along same;
21. 93° 17' 173.99 feet along same;
22. 81° 19' 193.17 feet along same to the
point of beginning and
containing an area of
42.877 Acres. (Refer to
Parcel 8 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Resort
Hotel (V-1.25):
Parcel 9
Beginning at the southeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 11,732.39 feet South and 5,787.36 feet East, thence
running by azimuths measured clockwise from True South:
1. 104° 56' 80.35 feet along the highwater
mark;
2. 85° 14' 72.98 feet along same;
3. 100° 53' 58.20 feet along same;
4. 133° 14' 71.85 feet along same;
5. 110° 16' 81.30 feet along same;
6. 98° 59' 74.17 feet along same;
7. 61° 40' 47.79 feet along same;
8. 115° 35' 82.34 feet along same;
9. 68° 56' 109.94 feet along same;
10. 113° 52' 70.80 feet along same;
11. 115° 35' 126.25 feet along same;
12. 140° 16' 47.67 feet along same;
13. 152° 29' 53.83 feet along same;
-8-
14. 165° 25' 95.93 feet along same;
15. 194° 04' 139.49 feet along same;
16. 98° 55' 66.87 feet along same;
17. 42° 52' 58.89 feet along same;
18. 95° 54' 136.90 feet along same;
19. 128° 21' 111.32 feet along same;
20. 168° 43' 69.83 feet along same;
21. 170° 19' 68.30 feet along same;
22. 190° 33' 87.80 feet along same;
23. 195° 21' 77.08 feet along same;
24. 170° 22' 107.16 feet along same;
25. 241° 30' 746.19 feet along the remainder
of Grant 3086 to Kapena;
26. Thenc e along same on a curv e to the left with a radius
of 450.00 feet, the chord
azimuth and distance being:
303° 22' 30" 424.26 feet;
27. 275° 15' 274.79 feet along same;
28. 5° 15' 1,038.02 feet along same to the
point of beginning and
containing an area of
26.095 Acres. (Refer to
Parcel 9 as shown on
Exhibit "A").
The d istrict cla ssification of the following area
situa ted a t Kohanaiki , North Kon a, Hawaii shall be Village
Comme rcial (CV-10):
Parcel 11
Begin ning at the sout hwesterly c orner of this parcel of
land, the coordinates of said po int of beginning referred
to Go vernm ent Survey Triangulati on Station "KEAHOLE-2"
being 10,4 31.55 feet South and 4 ,417.23 feet East, thence
runni ng by azimuths m easured clo ckwise from True South:
-9-
1. 125° 07'
2. 119° 56'
3. 153° 58'
4. 257° 30'
5. 167°
6. 257°
7. 347°
8. 313°
9. 5°
10. 95°
30'
30'
30'
35'
15'
15'
93.52 feet along the highwater
mark;
153.12 feet along same;
99.41 feet along same;
997.35 feet along the remainder
of Grant 3086 to Kapena;
635.78 feet along same;
270.00 feet along same;
622.21 feet along same;
704.19 feet along same;
290.00 feet along same;
274.79 feet along same;
11. Thence along same on a curve to the right with a
radius of 450.00 feet, the
chord azimuth and distance
being:
123° 22' 30" 424.26 feet;
12. 61° 30' 288.61 feet along same;
13. 167° 30' 438.24 feet along same;
14. 77° 30' 220.00 feet along same;
15. 347° 30' 100.00 feet along same;
16. 55° 15' 325.44 feet along same to the
point of beginning and
containing an area of
18.337 Acres. (Refer to
Parcel 11 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Resort
Hotel (V-1.25):
-10-
Parcel 12
Beginning at the northeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 8,926.34 feet South and 4,900.95 feet East, thence
running by azimuths measured clockwise from True South:
1. 347° 30' 1,095.78 feet along the remainder
of Grant 3086 to Kapena;
2. 77° 30' 997.35 feet along same;
3. 148° 23' 41.26 feet along the highwater
mark;
4. 159° 55' 80.70 feet along same;
5. 159° 07' 130.06 feet along same;
6. 159° 27' 121.70 feet along same;
7. 155° 46' 155.15 feet along same;
8. 163° 27' 96.29 feet along same;
9. 167° 06' 94.45 feet along same;
10. 159° 49' 186.21 feet along same;
11. 143° 32' 192.26 feet along same;
12. 241° 40' 610.04 feet along the remainder
of Grant 3086 to Kapena;
13. 270° 30' 628.74 feet along same to the
point of beginning and
containing an area of
29.086 Acres. (Refer to
Parcel 12 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be
Multiple Family Residential (RM-3):
-11-
n,.-....1 l7
Beginning at the northwesterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 8,926.34 feet South and 4,900.95 feet East, thence
running by azimuths measured clockwise from True South:
1. 280° 40'
2. 316° 15'
3. 346° 30'
4. 5° 15'
5. 95° 15'
6. 185° 15'
7. 133° 35'
525.00 feet
of G
777.35 feet
729.30 feet
425.00 feet
204.30 feet
290.00 feet
704.19 feet
along
rant 3
along
along
along
along
along
along
the remainder
]86 to Kapena;
same;
same;
same;
same;
same;
same;
8. 167° 30' 622.21 feet along same;
9. 77° 30' 270.00 feet along same;
10. 167° 30' 460.00 feet along same to the
point of beginning and
containing an area of
19.271 Acres. (Refer to
Parcel 13 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Single
Family Residential (RS-10):
Parcel 14
Beginning at the northeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 8,751.26 feet South and 6,747.49 feet East, thence
running by azimuths measured clockwise from True South:
1. 39° 20' 620.65 feet along the remainder
of Grant 3086 to Kapena;
2. 26° 40' 236.49 feet along same;
-12-
3. 87° 30' 280.00 feet along same;
4. 159° 00' 450.00 feet along same;
5. 145° 50' 200.00 feet along same;
6. 204° 50' 100.00 feet along same;
7. 268° 40' 325.00 feet along same;
8. 257° 20' 543.13 feet along same;
9. 302° 30' 185.00 feet along same to the
point of beginning and
containing an area of
10.836 Acres. (Re fer to
Parcel 14 as shown on
Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii shall be Limited
Industrial (ML-10):
Beginning at the northeasterly corner of this parcel of
land, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "KEAHOLE-2"
being 8,072.07 feet South and 6,523.23 feet East, thence
running by azimuths measured clockwise from True South:
1. 30° 50' 390.00 feet along the remainder
of Grant 3086 to Kapena;
2. 77° 00' 284.25 feet along same;
3. 65° 00' 385.23 feet along same;
4. 126° 00' 560.00 feet along same
5. 259° 41' S6" 1,300.00 feet along Grant 4536 to
J.A. Maguire to the point
of beginning and
containing an area of
7.666 Acres. (Refer to
Parcel 15 as shown on
Exhibit "A").
All as shown on the map attached hereto, marked
Exhibits "A" and by reference made a part hereof.
-13-
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors
or its assigns shall comply with all of the stated conditions
of approval;.(B) in order to allow a determination that the
adequacy of potable water can be met for the various zoned
districts or a specified increment thereof, the applicant shall
either: 1) provide proof of a private water well(s) or
desalination plant of such quality and quantity adequate to
meet the needs of the proposed development. Said determination
shall be made by the Department of Water Supply upon
consultation with the Planning Department, the State Department
of Health and the Division of Water and Land Development of the
Department of Land and Natural Resources; 2) enter into an
Agreement that is executed between the developer and the County
through its Departments of Water Supply and Planning to
undertake a water source development program, including a
desalination plant, with and under the following conditions:
(a) the developer executes an agreement, which is accompanied
by a partial bond, surety or other security deemed appropriate
by the Planning Director, to undertake the water source
development program; (b) there is a specific construction
timetable for the water source development program; status
reports; and any other information deemed important by the
Departments of Water Supply and Planning to assure reasonable
progress to undertake the water development program; (c) the
effective date of the rezoning ordinance occurs only after:
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(1) there is assurance(s) satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State
Department of Health and the Division of Water and Land
Development of the Department of Land and Natural Resources,
that a source of sufficient quality and quantity has been
established; and (2) an agreement, together with the
appropriate bond, surety or other security deemed acceptable by
the Planning Director, is executed between the developer and
the County through its Departments of Water Supply and Planning
for the actual development of a proven water source and its
water transmission and distribution system; (d) no subdivision
and/or development of any portion of the land shall occur
unless and until items B (2)(a), (b), and (c) have been
complied with; and (e) the Planning Director shall be mandated
to initiate action to immediately rezone the property to its
previous classification if any of the above has not been
complied with in a timely manner; (C) a Special Management Area
(SMA) Use Permit application for the first phase of development
which includes one hotel and the golf course, shall be
submitted within one year from the effective date of the change
of zone. Plans for the 400-room Central Hotel and related
improvements scheduled to be developed in Phase I, shall be
submitted to the Planning Depactment for plan approval review
within one year from the effective date of the first Shoreline
Management Area Use Permit. Construction shall commence within
one year from the date of receipt of final plan approval and be
-15-
completed within three years thereafter; (D) unless a lesser
setback is approved by the Planning Director, all proposed
buildings, other than those directly related to the golf course
operations, shall observe a minimum setback of 100 feet from
the edge of the fairways/greens/tee areas of the golf course.
If deemed necessary, additional setbacks or other mitigating
measures, such as additional landscaping along certain portions
of the golf course boundaries, may be imposed at the time of
plan approval review; (E) fully channelized intersection
improvements, including but not limited to deceleration,
acceleration and left-turn storage lanes and street lighting,
shall be provided at the intersection of Queen Kaahumanu
Highway and the proposed main resort entry road meeting with
the approval of the State Department of Transportation,
Highways Division; (F) a traffic monitoring program of the
Queen Kaahumanu Highway-Kohanaiki Resort's intersection shall
be submitted to and approved by the State Department of
Transportation, Highways Division, prior to receiving final
plan approval for any portion of the proposed development. If
additional intersection improvements such as, but not limited
to,'a fully channelized intersection, with acceleration/
deceleration lanes, an underpass or overpass and signal lights
are required as determined by the findings of subsequent
monitoring and analysis, the applicant shall provide the
improvements in accordance with the requirements of the State
Department of Transportation, Highways Division.
-16-
These improvements may be provided jointly with adjoining
property owners; (G) all roadways within the proposed
development shall be constructed in accordance with the
requirements of the Department of Public Works. Curbs, gutters
and sidewalks may be required to be constructed in areas of
likely pedestrian traffic as determined by the Chief Engineer
and the Planning Director; (H) a roadway connection to the
adjacent property to the north shall be provided meeting with
the approval of the Department of Public Works; (I) a drainage
system shall be installed meeting with the approval of the
Department of Public Works; (J) all residential, commercial and
hotel units and uses shall be connected to a secondary sewage
treatment plant, public or private, meeting with the approval
of the appropriate governmental agencies. The secondary sewage
treatment plant shall have a stand-by generator to operate the
plant in the event of an electrical power outage; (K) the
applicant, successors or assigns shall be responsible for
satisfying an affordable housing requirement which is being
assessed on both the resort and residential components of the
proposed project. A maximum of five hundred twenty-five (525)
affordable units will be required to address the needs
generated by the one thousand two hundred fifty (1,250)
resort/hotel units currently being proposed. A maximum of four
hundred twenty (420) affordable units will be required for the
residential component of the project based on 60$ of the total
number of residential units being proposed. The total
-17-
affordable housing requirement being assessed, based on the
current development scenario, will be a maximum of nine hundred
forty-five (945) affordable units. These affordable housing
units may be provided on or off the project site. The actual
number of affordable units required may increase or decrease
proportionally along with the actual number of resort and
residential units developed by the applicant. Stated in 1988
dollars and subject to adjustment for inflation, the dollar
value equivalent of the affordable housing requirement
involving nine hundred forty-five (945) affordable units shall
be a maximum of seven million five hundred seventy-five
thousand one hundred twenty dollars ($7,575,120). This value
may be adjusted annually on the effective date of the change of
zone ordinance by the Planning Director in consultation with
the Office of Housing and Community Development based on
mutually acceptable cost indices. The affordable housing
requirement shall be implemented concurrently with the
completion of units for the resort/residential project. If an
affordable housing demand, or portion thereof, does not exist
at the time a particular phase of a resort is ready to be
developed, the requirement may be deferred and the phase of
resort development allowed to be developed. An in lieu payment
may be made in cash, through the provisions of services, or by
other acceptable means to satisfy the affordable housing
condition. The method of satisfying the affordable housing
requirement must be approved by the County Housing Agency,
subsequent to review and recommendation by the
-18-
Office of Housing and Community Development, prior to the
issuance of Final Plan Approval for any phase or increment of
the proposed resort/residential development. Affordable units
provided to satisfy the requirements of these conditions shall,
as a guide, utilize the following distribution: 178 affordable
to families earning less than 808 of the median family income;
338 affordable to families earning between 80~ to 120 of
median family income; and 50~ affordable to families earning
between 120$ to 140$ of median family income; (L) a job
training program for the operating phase of the hotels shall be
developed and submitted to the Planning Department for review
and approval prior to the receipt of final plan approval for
each of the proposed hotels; (M) a construction housing
mitigation plan shall be submitted to the Planning Department
for review and approval prior to receipt of final plan approval
for each of the proposed hotels. The plan shall include a
regular reporting schedule to allow the Planning Department to
monitor the construction housing impact; (N) an archaeological
mitigation plan for archaeological site preservation and data
recovery shall be approved by the Planning Department, in
consultation with the Department of Land and Natural
Resources-Historic Sites Section prior to any land preparation
activity being conducted on the property; (0) the Petitioner
shall develop an archaeological resources management plan which
shall include considerations for the Kaloko National Historic
Park and which shall be completed prior to the design of the
-19-
marina; (P) should any unanticipated archaeological sites be
uncovered during land preparation activity, work within the
affected area shall cease and the Planning Director shall be
immediately notified. Work within the affected area shall not
resume until clearance is obtained from the Planning Director;
(Q) an emergency preparedness and response plan shall be
submitted to the Planning Director and the Civil Defense Agency
for review and approval prior to receipt of occupancy for the
first hotel; (R) an anchialine pond Management Plan shall be
submitted to and approved by the Planning Director within one
year from the effective date of the ordinance or prior to
conducting any land preparation activity in the affected area.
The Management Plan shall be developed in consultation with the
Army Corps of Engineers and the U. S. Fish and Wildlife
Service. The objective of its Management Plan shall be to:
1) Maintain the environmental integrity of the existing ponds,
2) Protect and manage this resource to provide educational and
interpretive opportunities to the public, 3) Control and
monitor construction activities so that impacts may be
identified and mitigated to avoid any detrimental impacts to
the 'pond and 4) Provide for a pond manager to implement the
management plan and conduct scientific monitoring programs.
The Management Plan will detail the area of ponds to be
preserved, the dimensions of buffer zones surrounding the pond
area, allowable activities within the pond areas, if any, and
establish a pond management program; (S) mauka-makai public
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access(es) shall be provided. A lateral, shoreline public
access throughout the length of the property shall also be
provided. Public parking shall be established near the
shoreline following the ratio of one public parking stall to be
provided for every 10 hotel, condominium and residential
units. Restroom/shower facilities shall be provided at each
mauka-makai public access. Public parking stalls and
restroom/shower facilities shall be provided concurrently with
the development of the first hotel, the Marina Commercial
Village, residential subdivision or condominium development.
An easement shall be recorded with the State Bureau of
Conveyances for the public access(es) and parking areas. The
location, time of construction and/or availability,
restrictions on uses, signage and related improvements for the
public shoreline access(es) and parking areas shall be approved
by the Planning Department. In lieu of providing a mauka-makai
access and facilities at either the north or south end of the
property, the Planning Director may substitute a payment to the
County in an amount equal to the cost of such access, parking
stalls and restroom/shower facilities, which payment shall be
used by the County for the establishment of a public campground
in Kona. Use of the mauka-makai and shoreline public
access(es) parking stalls and restroom/shower facilities shall
be afforded to the public on a 24-hour basis, subject to a
public access plan to be approved by the Planning Department.
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The use of the public access(es) and facilities after sundown
shall be primarily for those persons wishing to shore-fish at
night. The public access plan shall provide for adequate rules
with respect to safety, health and welfare of the public,
including persons who are guests and residents on -the resort.
The rules may include a system of permits or passes to regulate
the use of the access(es) and facilities after sundown; (T) a
water quality and marine life monitoring and mitigation plan
shall be developed and operated jointly with the developer, the
National Energy Laboratory of Hawaii, the Hawaii Ocean Science
Technology Park, The Ocean Recreation Council of Hawaii (TORCH)
and the National Park Service. The plan shall be submitted to
and approved by the Planning Department in consultation with
the National Energy Laboratory of Hawaii, the Hawaii Ocean
Science Technology Park, the National Park Service and The
Ocean Recreation Council of Hawaii, prior to the issuance of a
grading permit and/or prior to any land preparation activity
being conducted on the golf course, hotel site, condominium
site or marina. Construction of the marina basin shall take
place "in the dry" behind a shoreline berm which will not be
removed until construction of the marina has been completed and
sediment within the marina basin has had the opportunity to
settle out of the water. During construction of the marina
entrance channel, water quality conditions shall be monitored
to assure compliance with construction conditions likely to be
imposed by the U. S. Army Corps of Engineers. Shoreline
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modifications including extensive vegetation removal, beach
alteration and structural modifications shall be minimized.
The applicant shall make available for public review, at the
Planning Department, an annual report which shall be prepared
by the above-mentioned organizations, summarizing the results
of the monitoring program and any mitigation efforts which may
have been undertaken; (U) all utility lines shall be
underground; (V) all other applicable laws, rules, regulations
and requirements, including those conditions imposed by the
State Land Use Commission, shall be complied with; (W) an
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of the effective date of
zone change. The report shall address the status of the
development and the compliance with the conditions of
approval. 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; (X) 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 may, at the developer's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; and (Y) an initial extension of time for
the performance of conditions within the ordinance may be
granted by the Planning Director upon the following
circumstances: 1) the non-performance is the result of the
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conditions that could not have been foreseen or are beyond the
control of the applicants, successors or assigns, and that are
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; and 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
may be extended for up to one additional year); and 5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area
to its original or to a more appropriate designation.
SECTION 3. In the event that any portion of the 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:
t
COU IL MEMBE , COU TY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 5, 1988
Date of 1st Reading: October 5, 1988
Date of 2nd Reading: October 19, 1988
Effective Date: November 7, 1988
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R.B. IEGASPI
County qnk
OFFICE OF `I"HE COLII~`I'Y CLERK
County of Hawaii
Haumii County Building
25 Aupuni Street
Hilo, Hauwii 96720
NOTE
`FOMIO FHJII
Deputy County Clnk
HARRY A. `FAKAHASHI
L,[itlative Auditor
On Bill No. 627, Draft 4 , Ordinance No. 88-159 ,
reference is made to a map attached hereto, marked
Exhibit " A ",
Said exhibit is not part of the duplicate copies of this
ordinance due to its size, but is available for viewing in
the Office of the County Clerk.
If further information is needed, call 961-8255.
~,
,~a,y <%daJC
r
R. B. Legaspi
COUNTY CLERK