Loading...
HomeMy WebLinkAboutREP PC 077 12/14/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: December 14, 1999 Re: C-566/Bill No. 179 PLACE: Councilroom TIME: 3:05 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was refen•ed Bill No. 179, transmitted by Mayor Stephen K. Yamashiro per Communication No. 566, dated November 30, 1999, regarding the change of zone request by Manini`owali Equity Company, LLC, at Kukio 2"d and Manini'owali, Hawaii, TMK: 7-2-4:18, reports as follows: Bill No. 179 amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 388.057 acres of land from an Open zoned district to a Project District (PD). The somewhat rectangular-shaped property, owned in fee by the applicant, is located on the makai side of Queen Ka'ahumanu Highway immediately south of the proposed Kukio Resort and existing Hualalai Resort developments. The project area is located one mile to the southwest of the Kona Village and the Four Seasons -Hualalai Resort areas. Makai (west) is a 1,000 foot strip of coastal lands of Manini`owali and Kukio 2°d ahupua`a which is owned by the State. A pocket of approximately nine acres located at Kua Bay are owned by private landowners. The project site is located approximately 4 miles north of Keahole Airport. The project area is a vacant expanse of a`a and pahoehoe lava flows. There is a dirt/gravel access to Kua Bay along the middle portion of the site. The North Kona Development Group, the previous owner of the parcel, acquired the parcel in May 199 ] through a land exchange with the State of Hawaii. Prior to that, the subject property was exchanged by Long and Melone, in trust, with the State, for the adjacent land to the south at Awake`e. Manini`owali Equity Company, LLC, acquired the property in fee on August 12, 1999. The following timetable explains the background on this project: May 20, 1991 Ordinance No. 93-10 redesignated the parcel from Conservation to Urban Expansion and amended the Land Use element of the General Plan by allowing an Urban Center at Manini`owali/Kukio 2nd. PC-77 PC-77 Page 2 December 14, 1999 March 5, 1993 State Land Use Commission approved the reclassification of approximately 388.057 acres from Conservation to Urban District with conditions. March 10, 1992 The (`ounty of Hawaii Planning Department accepts the Final Environment Impact Statement for the General Plan Amendment covering the property in compliance with Chapter 343, Hawaii Revised Statutes. May 1991 The Awake`e property was exchanged with the State for the subject 388 acre non-coastal property. This property was important to the State's plan to implement a 7-mile park extending from Kakapa Bay at Manini`owli to the Keahole Point area, which would contain undeveloped open space and include the coastal areas and be part of the Ala Kahakai Demonstration Trail proposed by the State's Na Ala Hele Trail and Access Advisory Group. The land exchange was subject to several conditions ,which were incorporated into the Land Patent Award as perpetual easements and covenants: a. Designate a 400-foot wide open space or structural setback consisting of 53+ acres between the applicant's makai property line and the State-owned parcel. b. Prohibit hotel or time share condominium or apartment units. c. Preserve the foot of Pu`u Kuili and the small pu`u located at the northern end of the project site. d. Allow uninterrupted public use of existing vehicular and utility access to Kua Bay for vehicular access and utilities, unless a new one is built. e. Require a public roadway from Queen Ka'ahumanu Highway to the Kua Bay area and construct public park facilities up to $2.5 million. f. Allow water access to the State at no cost to the State if water is developed on the subject site. This project is consistent with the General Plan, which lists Manini`owali as an Urban Center. The General Plan Land Use Pattern Allocation Guide Map (LUPAG) designates the project area as Urban Expansion Area, which allows for a mix of high density, medium density, and low density urban development, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. fhe Kona Regional Plan designates the subject area as Open. PC-77 PC-77 Page 3 December l4, 1999 7 he Project District zone provides a flexible and creative planning approach rather than specific land use zone designations. It will also provide flexibility in the location of specific uses and mixes of structural alternatives. The planning approach would establish a continuity in land uses and designs while providing for a comprehensive network of infrastructural facilities and systems. A variety of uses as well as open space, parks, and other project uses are intended to be in accord with each individual Project District objective. The minimum land area required for a Project District is fifty acres. Any uses permitted either directly or conditionally in the RS, RD, RM, RCX, CN, CG, CV or V districts shall be permitted in a Project District; provided that each of the proposed uses and the overall densities for residential and hotel uses shall be contained in a master plan for the Project District and in the Project District enabling ordinance. The project site is located within the County's Special Management Area (SMA). The project area is gently to moderately sloping from approximately 60 feet above mean sea level to an elevation of approximately 250 feet above mean sea level at Queen Ka`ahumanu Highway with an overall average slope of about 5 to 6 percent. The project area consists of sparsely vegetated pahoehoe and a`a lava flows. The most significant topographic feature on the site is the small pu`u or cinder cone located at the northern end of the property. The foot of a significant pu`u (Pu'u Kuili) has the height of 342 feet above mean sea level and is located at the southern property line. "I'he property is located approximately 1,000 feet inland and does not abut the shoreline. Any potential runoff or discharge, which could reach ocean waters, can be handled by on-site improvements. Any impacts from soil erosion and runoff during site preparation and construction phases can be adequately mitigated through compliance with existing regulations. The Soil Survey Report classifies the soils located within the project site as A'a and Pahoehoe Lava Flows, Rock Land and Cinder land. There are few sections that have soil depth of a few inches and these areas can support limited dry land grasses and trees. The Land Study Bureau's Detailed Land Classification classifies soils within the project area having an overall master productivity rating for agricultural use of "F.." or "Very Poor". The project area is not classified by the State Department of Agriculture's Agricultural Lands of Importance to Hawaii (ALISH) Map. The project area is designated as Zone "X", an area determined to be outside the 500-year flood plain. A visual analysis of the project site and its relation to the surrounding area was conducted by the applicant, and it indicates that the project area will obstruct some view of the ocean from the Queen Ka`ahumanu Highway. Several mitigative measures have been proposed to minimize the PC-77 PC-77 Page 4 December l4, 1999 impact on visual resources by 1) maximizing building heights, locations, setbacks, materials and landscaping will be comparable to the existing Zoning Code; 2) nonstructural setbacks at the mauka and makai ends of the subject site. The setback from the Queen Ka`ahumanu Highway will be 150 feet and the setback from the makai boundary adjacent to the State property will be 400 feet. Although portions of the golf course and landscaping would be allowed in these areas, there would be no above ground structures; 3) the small pu`u consisting of 8-10 acres and located at the northwestern end of the site would be preserved. The foot or base of the Pu`u Kuili is located at the southwestern section of the property. This area will be also restricted from structures; 4) heights of structures would be restricted to a level so as not to totally obstruct the view of the Pu`u; and 5) extensive landscaping would be introduced throughout the site. A floral survey of the project site, conducted by Char & Associates in April 1991, found no threatened or endangered plants on the project site. Of the 36 species inventoried, 25 are introduced or alien species; 1 is a Polynesian introduction; and 10 are native. No threatened or endangered wildlife species were found by Phillip L. Bruner, who conducted an avifauna] and feral mammal survey in 1989 and 1990. In September 1991, Oceanit Laboratories, Inc., recommended that the marine waters located off the Kaupulehu coastline are classified as Class AA, which objective is that these waters remain in their natural pristine state as much as possible. A single anchialine pond near the project area is located on the privately owned land approximately 250 feet behind the beach. Short-term impacts on the marine environment from nearshore construction projects could potentially result from airborne dust and increased silt in runoff waters. Long-term impacts could potentially occur from the use of fertilizers and pesticides, irrigation disposal of diluted secondary treated sewage effluenC, and the increase public access to the shoreline. Mitigative measures to protect the groundwater directly relate to the marine environment and ocean water quality. These include erosion control during construction as well as long-term operational measures such as the use of an Integrated Pest Control Measure, managed fertilizer and pesticides applications and monitoring of the ground water. [n an archaeological inventory survey of the property conducted by Applied Research Group, Bishop Museum from March to May 1991, it was determined that twenty-two of the twenty-five sites identified will be directly affected by the proposed project [t is proposed to appropriately treat the significant 25 archaeological sites, comprised of 1,31 l features (mostly small pits) through preservation or data recovery. The range of sites included mauka-makai trail, burial, burial chamber and platform possible shrine, pits, habitation features. and artifacts. Public access from Queen Ka`ahumanu Highway, atwo-lane, two-way primary arterial State Highway connecting Kawaihae and Kailua-Kona, to the shoreline at Manini`owali will continue to be provided along the existing trail until a better access is provided. This existing unimproved PC-77 PC-77 Page 5 December l4, 1999 roadway traverses the property an leads to Kua Bay which is best accessed by 4-wheel drive vehicles. The applicant will provide an improved public shoreline access roadway from Queen Ka`ahumanu Highway to the State park and will continue to work with the DLNR-Division of State Parks to establish the exact location of this access. The applicant will provide parking lot and restrooms up to $2.5 million, as a condition of the land exchange. The State is planning to expand the Queen Ka`ahumanu Highway with an interchange that would essentially service all of the existing and planned projects in the area. The various properties would then be serviced by an internal service road. Until that time, the project will be serviced by an at grade channelized intersection constructed by the applicant meeting with the approval of the Department of Transportation. This new intersection would result in the termination of the existing unimproved access to the State park. The site is not presently serviced by any public water system. The applicant intends to drill wells on State-owned properties located mauka of the project site to service the project's potable and non-potable needs. A desalination plant will also be needed and constructed by the applicant. 'T'here is no municipal sewage system in the immediate vicinity. Effluent from the treatment facility will be utilized to supplement non-potable irrigation water at the proposed project's 18-hole golf course. Police protection is provided by the Kealakehe Police Station located approximately 5 miles south of the project area. Fire protection is provided by the County's Kailua-Kona Fire Station, located approximately 15 miles south of the project area, and the Mauna Lani Station is located further north. Surrounding lands include the Kona Village Resort and Hualalai Resort developments located one mile to the northeast of the project site. Hualalai Resort is zoned Resort (V-2.25), Multiple Family (RM-3 and RM-10), Village Commercial (CV-10), and Open and contains 250 hotel units. Adjacent to the south of the project site is the State of Hawaii Puuwaawaa lands. These lands are zoned Agricultural-Sa and Open. The adjacent lands to the east, owned by Huehue Ranch, is planned for a resort, residential and golf course development. On April 10, 1999, the County Council approved the rezoning of Kaupulehu Developments, located further to the northeast, which changed the district classification from Open (O) to Project District (PD) for approximately 1,078.634 acres of land. Bill No. 179, Draft 2, which includes the fair share contributions in Condition 'f, was circulated and approved by Your Committee. Your Committee also discussed the inclusion of language to provide that native Hawaiian plants be used for landscaping. Mr. Sidney Fuke, agent for the applicant, stated he would work on appropriate language and have it available for the Council's first reading. PC-77 PC-77 Page 6 December 14, 1999 Your Committee basically had the same concerns for this project as with the Kaupulehu Project so there was not much discussion. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration to the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. l 79, Draft 2, and recommends it pass first reading. Respectfully submitted, AYF,S NOES A & F, EiX COMMITT ANNIN~ I,F.I'fHEAD-TODD X IYI.ER X CHUNG X BO BY JEAN LEITHEAD-TODD, CHAIR P:I,ARIONOFk' X 7ACOHSON x PC REPORT NO. 77 PISICCHIO X snnrrH x ADOPTED: JAN 0 5 2000 YAGONG X ARAKAKI F.O.M. X