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HomeMy WebLinkAboutCOM 1784.000 1984-1988 t OJMtY OF N�;. PLANNING COMMISSION .,, �,, .,'Nr.. 25 AUPUN► STREET • HILO, HAWAII 96720 COUNTY OF HAWAII September 19 , 1988 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Yamashiro and Members : Rezoning Request - Kona Beach Development Venture Tax Map Key 7-3-09 :Portion of 3 The Planning Commission, after a duly held public hearing on August 30, 1988 voted to recommend for your approval the proposed legislative bill to change the district classification for 273+ acres of land from an Open (0) to Village Commercial - 10, 000 square foot (CV-10) , Resort Hotel - 1 ,250 square foot (V-1.25) , Multiple Family Residential - 3, 000 square foot (RM-3) , Single Family Residential - 10, 000 square foot (RS-10) and Limited Industrial - 10, 000 square foot (ML-10) zoned districts at Kohanaiki, North Kona, Hawaii. The Commission concurs with the following Planning Director' s reasons for initiating the change of zone: The General Plan is a long range, comprehensive policy document which guides the overall development of the County of Hawaii . Section 3-16 of the County Charter reads, "It (general plan) shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county for residential , recreational, agricultural, commercial, industrial and other purposes which shall be consistent with proper conservation of natural resources and the preservation of our natural beauty and historical sites ; the most desirable density of population in the several parts of the county; a system of principal thoroughfares , highways, streets , public access to the shorelines, and other open spaces; the general locations, Comm. No. 11"44 File No., ZNd/A/1),,,_ Ref. To:, 1)(1, Ref. Date_• SEP 19 128 A .' Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 2 relocations and improvement of public buildings, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewers, light, power, transit, and other purposes ; the extent and location of public housing projects; adequate drainage facilities and control; air pollution; and such other matter as may, in the council' s judgment, be beneficial to the social, economic, and governmental conditions and trends and shall be designed to assure the coordinated development of the county and to promote the general welfare and prosperity of its people. " The Charter further states that "The (county) council shall enact zoning, subdivision, and such other ordinances which shall contain the necessary provisions to carry out the purpose of the general plan, " and that "No public improvement or project, or subdivision or zoning ordinance shall, be initiated or adopted unless the same conforms to and implements the general plan. " Granting of the zoning change is consistent with the General Plan. The General Plan identifies the Kohanaiki property as an Intermediate Resort Area. An Intermediate Resort Area is a self-contained resort destination area which provides basic and support facilities for the needs of the entire development. Such facilities include sewer, water, roads, employee housing, recreational facilities, etc. The maximum visitor units within an area designated Intermediate Resort is 1, 500 rooms. The concept of a self-contained resort destination area also includes the provision of residential accommodations and commercial activities for long-term visitors as well as for permanent residents. Such facilities are considered to be an integral part of a resort area. The proposed development of three hotels having a total of 1,250 units, single and multiple family residential units, commercial center, a golf course and other related activities will be in keeping with this concept of a self-contained resort destination area. Granting of the zone changes are also consistent with the General Plan' s goals and policies set forth in the Resort section of the Land Use element: Goals -To guide the orderly development of the visitor industry. ° To provide for resort development that maximizes conveniences to its users. ° To ensure that resort developments maintain the social, economic, and physical environments of Hawaii and its people. A Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 3 Policies o The County shall designate and allocate resort areas in appropriate proportions and in keeping with the social, economic, and physical environments of the County. o The County shall encourage the visitor industry to provide resort facilities which provide an educational experience of Hawaii as well as recreational activities. The applicant proposes to phase the resort community to meet market needs and to coincide with infrastructure improvements. Approval of this change of zone contains performance conditions which would allow development of the property upon certain infrastructure being completed. The zone changes requested will not be effective until proof of adequate potable water and its proper management can be demonstrated and committed. Also, a traffic monitoring plan of the resort' s intersection at Queen Kaahumanu Highway must be submitted and approved by the Department of Transportation, Highways Division, prior to receipt of final plan approval for any phase of the proposed development. In this manner, the applicant will be assessing and evaluating traffic flow throughout various stages of the resort development. The applicant shall be required to provide any intersection improvements deemed necessary by the State Department of Transportation, Highways Division, as a result of periodic analysis. An anchialine pond management plan will be prepared by the applicant to assure protection and heightened public awareness of the significant natural resources (anchialine ponds) in the area. The focal recreational elements of the Kohanaiki Resort Community are the shoreline and beach area and the golf course. These recreational amenities together with the proposed marina commercial center create a master-planned resort which focuses on the visitors and residents alike. It is therefore determined that the rezoning action would be in the direction of fulfilling the General Plan Resort element' s goals, policies and standards. Approval of this change of zone request would not be contrary to the commercial and residential sections of the Land Use Element of the General Plan, which articulate that these uses shall be developed to maximize conveniences to its users and should be adequately served by essential services and other infrastructure. The Kohanaiki Resort is or will A Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 4 be provided with all essential utilities and services, including water. Initially, the applicant intends to provide potable water by lower level brackish wells in conjunction with a desalination plant. The Kona Village Resort currently provides water through a similar desalination system. Long range plans call for the development of higher level potable water sources and eventual elimination of the desalination plant. The initial phase of the development, which includes the first hotel, will have a water demand of 0. 7 million gallons per day (mgd) . At full build-out, the projected water demand is 2. 0 million gallons per day (mgd) . As mentioned previously, included in this change of zone approval are conditions which would require the applicant to assure adequate water supply for domestic and fire protection purposes for the entire project. Other essential facilities such as a private sewage treatment plant will be constructed on the property to service the resort community. The granting of the subject request would complement a policy of the General Plan Land Use Element which says to "Zone urban-type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. " The Kohanaiki Resort is located approximately two miles south of Keahole Airport and about five miles north of Kailua Village. Access to the property will be through an access corridor from Queen Kaahumanu Highway. Approval of the request is supportive of the Economic Element of the General Plan by providing additional and expanded employment opportunities for residents of the area, as well as the entire island as a whole ; increasing the County' s real property tax base; strengthening the existing visitor industry; and providing residents with opportunities to improve their quality of life. In terms of providing opportunities for residents to improve their quality of life, this approval contains conditions that address social and economic impacts of the development. Specifically, a job training program shall be developed and submitted to the Planning Department. The concept of job training has been introduced to alleviate potential social impacts in the realm of human interaction, lifestyle issues and the well-being of the family or individual. Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 5 In addition, a construction housing mitigation plan will be submitted to the Planning Department to review housing demand generated by in-migration of construction employees. Thus, the project achieves the goals and policies of the Economic Element. With regard to the provision of employee housing, this matter will be further conditioned as part of this rezoning and the SMA Use Permit requests. In this regard, the requests will conform to the following statements , goals, policies and courses of action of the General Plan: a) One of the General Plan' s standards for a resort states : Employee housing shall be provided at a maximum ratio of one employee unit to every two hotel units built. The required ratio shall be determined by an analysis of housing needs of each district and relative area. b) The Housing Element of the General Plan states, in part: O . . . many people cannot afford housing in today' s market. The rising costs of land, land improvements, and construction discourage many low and moderate income families from purchasing a home. Personal income will not rise commensurate with rising costs of land and construction of housing units. Inappropriate location of various housing types also contributes to the difficulties in providing adequate public services which are essential for a desirable living environment. o The basic purpose of the housing element is to minimize housing problems and maximize housing opportunities for residents in the County of Hawaii . o Although efforts are being made by government to provide low and moderate income housing, construction still lags behind replacement and growth needs. Government, however, will continue to play an important role in providing housing for low and moderate income families. o The growth of the visitor industry is also generating an increasing demand for low and moderate 4 - Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 6 income housing for employees, precisely the type which private industries are not building in substantial amounts. With the growth of visitor and other industries , new housing units will be needed to accommodate an increase in population. This additional population growth will compete with the existing population for new housing. Therefore, growth also becomes a problem in respect to this housing element. c) The Housing Element' s goals in the General Plan include: o To attain diversity of socio-economic housing mix throughout the different parts of the County. o Maintain a housing supply which allows a variety of choice. d) The Housing Element' s policies in the General Plan include: • It shall be the policy of the County of Hawaii to assure that safe, sanitary, and livable housing is available to persons of all ages , income and ethnic groups and to provide a variety of choice as to location and types. o A volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies shall be promoted. o The construction of specially designed facilities for elderly persons needing institutional care and for active elderly persons shall be encouraged. o Corporations and non-profit organizations shall be encouraged to participate in Federal programs to provide new and rehabilitated housing for low and moderate income households and the elderly. o Public and private programs intended to increase the supply of housing and to create a variety of choice shall be encouraged. o Large industries which create a demand for housing shall provide employee housing based upon a ratio to be determined by an analysis of the locality' s needs. Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 7 e) The General Plan' s Housing Element includes the following courses of action for the North Kona district: o The County shall require developments which create a demand for employee housing to provide for that need. o Aid and encourage the development of a wide variety of housing for this area to attain a diversity of housing mix. f) The multiple-family residential section of the General Plan' s Land Use Element includes the following statements: o Multiple residential living is becoming a way of life for many people. Such units provide housing for persons who have no desire or need to own a single-family residence, persons who find it financially difficult to own a single-family residence, persons with changing employment and others. This trend will continue in the future due to rapid urban growth, mobile populations and the rising costs of land and improvements. o Multiple residential living has not been well accepted in the past, mainly because of the unimaginative and stereotyped design of buildings, social attitudes and the desire for single-family ownership. The costs of land and construction, however, have greatly risen, thus making it difficult for many people to afford a home . o The County will be faced with a great demand for multiple residential development. A carefully worked out land use plan and development standards will be essential in assuring that any development will be an asset to the County. g) The multiple-family residential section of the General Plan' s Land Use Element sets forth the following goal: o To provide for multiple residential developments that maximize convenience for its occupants. 0 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 8 h) The multiple-family residential section of the General Plan' s Land Use Element includes the following policies : o Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, recreational and cultural facilities, and public facilities and utilities. o To assure the use of multiple residential zoned areas and to curb speculation and resale of undeveloped lots only, the County shall impose incremental and conditional zoning which shall be based on performance requirements. i) The multiple-family residential section of the General Plan' s Land Use Element sets forth the following course of action for the Kona district: o Appropriately zoned lands shall be allocated as the need for multiple residential development arises. A more recent appraisal of the affordable housing environment was given by the Office of Housing and Community Development (OHCD) in a memorandum regarding to the subject application. It reasoned that: 1) the median family income for the County is $28, 800; 2) the maximum home purchase price for which this family can qualify is $96, 700; and 3) less than 10% of all single-family dwellings listed for sale in December 1987 were below $96, 700. The OHCD memorandum concludes that the affordable housing problem in West Hawaii will be compounded by new resort/residential developments along the West Hawaii coast. In an effort to balance this inequity, this approval contains a condition requiring the provision of affordable housing units, in-lieu fee, in-kind services or other acceptable means. The proposed development of Kohanaiki Resort is also not anticipated to have any substantial adverse environmental or Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 9 ecological effects. Any potential negative impacts will be effectively mitigated through monitoring programs , management and protection plans and through conditions of approval. Finally, it should be noted that the area has no substantial adverse topographic problems which cannot be properly rectified or which would render the land unusable for the proposed uses. Based on the above, it is determined that the requested zoning changes will result in an appropriate land use pattern that will further the public necessity and convenience and general welfare. For your favorable consideration, an amendment to Section 25-87, the North Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sinc 5e1y, Thomas A. Kriege Chairman, Planning Commission Enclosures k,'\`, (0.N.1 xc: Mr. Christian Wolffer Mr. Mark Hastert Mr. Steve Menezes Department of Public Works Department of Water Supply Planning Office - Kona DLNR -PROVED: DANT K. CAR NTER, MAYOR • • . _ REPORT OF THE COMMITTEE ON PLANNING DATE: September' 26 , 1988 Re : Comm . 1784 PLACE: Councilroom TIME: 1: 30 p.m . Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No . 627, regarding the rezoning request of Kona Beach Development Venture , Kohanaiki, North Kona, Hawaii , TMK: 7-3-09:Portion of 3 , reports as follows: Bill No . 627 amends Section 25-87, Article 3 , Chapter 25 of the Hawaii County Code , by changing the district classification of approximately 273 acres of land 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 ) . According to the Planning Department, Parcel 3 of TMK: 7-3-09 totals 462.38 acres . Christian Wolffer, general managing partner of Kona Beach Development Venture, holds the ground lease to the property with the option to purchase. Of the 46Z acres, 273 acres- are being. rezoned- The remaining 184 acres will remain in the Open district and- will be used for the golf course. The applicant plans to develop an Intermediate Resort Destination Area which will include three hotels totalling 1, 250 rooms; a 10-acre marina and 60 ,000 square feet retail/office space; 500 condominium units ; 200 single family residential lots; a beach club; a tennis/recreation club and an 18-hole golf course. Committee Chairman Takashi Domingo stated that major amendments which the Council may impose on Rezoning Bills 607 (Kaupulehu Developments ) and 608 (Kukio Beach Resort ) will , if appropriate, also apply to Bill 627 . (The. County Council is currently considering several amendments to Bills 607 & 608) . In response to Councilman Russell Kokubun's inquiry, the applicant 's representative stated that they will abide by- the potable water and affordable housing requirements as stated in Conditions B and K, respectively, of the bill . The applicant 's representative added, however , that if the potable water and affordable housing conditions for Bills. 607 & 608 are amended , they would also like to be considered for similar amendments . PC REPORT NO, 376 ADOPTED: N PC-376 Page 2 September 26, 1988 The applicant ' s representative also stated, in response to Councilman Kokubun 's inquiry, that they have applied for appropriate Shoreline Management Area Use Permits , however , have not as yet received approval . In response to Committee Chairman Domingo 's inquiry, the applicant 's representative stated that public parking will be provided ; however , the exact number of parking stalls that will be provided has not as yet been determined . Your Committee on Planning is in accord with the intent and purpose of Bill No . 627 and recommends that it pass first reading. Your Committee also recommends that Bill 627 be amended, wherever appropriate , to reflect amendments which the Council may impose on Bills 607 and 608. T• DO INGO, CH ' IRMAN ,AAIAArti 1717 SPENCER K. SCHUTTE,. VICE CHR.. FRANK DE LUZ III, MEMBER / •RRAI ; R. ''�CHAKU-INOU ME :ER SH 'WOOD R. H. GREENWELL, MEMBER , zed.„-- 2-- I� • SSELL S. KOKU UN, MEMBER MERLE ' . LAI, MEM:- LA/TN f, ` r OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 October 19 , 1988 Refer: Bill 627/C-1784 To: Planning Commission Re: Rezoning Request - Kona Beach Development Venture Kohanaiki , North Kona TMK: 7-3-09 :Portion of 3 The following is the action of the Hawaii County Council adopted at its meeting held today Approve and adopt PC Report No. 390. 6... COUNTY CLERK Att. cc: Planning Dept. 140. Mayor "nmm' File Na 16. Mc its D M REPORT OF THE ":ITTEE ON PLANNING DATE: October 11, 1988 Re : Comm. 1784 PLACE: Councilroom TIME: 1: 30 p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 627, regarding the rezoning request of Kona Beach Development Venture , Kohanaiki, North Kona, Hawaii , TMK: 7-3-09:Portion of 3, reports as follows: Bill No . 627 amends Section 25-87, Article 3 , Chapter 25 of the Hawaii County Code , by changing the district classification of approximately 273 acres of land 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 ) . Bill 627 was first heard by the Council on October 5, 1988 and recommitted to the Planning Committee for possible amendments and discussion as to whether or not a public hearing on the bill should be held in Kona. Your Committee heard testimony from Mrs. Anna Keanaaina of Kona that her family holds legal title to at least a portion of the subject property. Councilman Spencer Kalani Schutte informed Mrs. Keanaaina that her claim is a legal issue which should be settled in a court of law and that the Council has no authority to rule on such an issue . Corporation Counsel supported Councilman Schutte 's position and added that the Council may continue hearing on the rezoning application. Committee Chairman Takashi Domingo informed the members that he had received several phone calls requesting that your Committee hold a public hearing in Kona to discuss Bill 627. Councilwoman Lorraine Jitchaku-Inouye moved that the Committee hold a public hearing. The motion failed to carry. Your Committee also discussed Draft 2 of Bill 627 which was distributed earlier to members of the Committee . Councilman Russell Kokubun informed your Committee that Draft 2 contains the following amendments: 1 . Condition (B) has been replaced in its entirety and is now identical to Condition (B ) of Bill 608 ( Kukio Beach Resort ) . PC REPORT No. 390 ADOPTED: a V PC- 390 Page 2 October 11 , 1988 2. Condition (J) has been amended to further define the sewage treatment plant as a secondary treatment plant . 3 . Conditions Q, R & S are new conditions . Councilman Kokubun proposed that Draft 2 be amended as follows : 1 . Condition (B) be amended to include the words desalination plant since the applicant is planning to utilize a desalination plant along with a private water well . 2. Condition (S) be amended to require the Planning Department to consult the Natural Energy Laboratory of Hawaii , the Hawaii Ocean Science Technology Park and the National Park Service before determining whether the applicant 's water quality and marine life monitoring and mitigation plan should be approved . Councilwoman Lorraine Jitchaku-Inouye proposed that Draft 2 be further amended as follows: 1 . A new condition be included to require the applicant to 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 marina. A new Condition (0) has been included in the bill to include Councilwoman Jitchaku-Inouye 's proposed amendment . 2. Condition (S ) be amended to require the applicant to participate in a joint water quality monitoring system with the Natural Energy Laboratory of Hawaii and the Hawaii Ocean Science Technology Park . Draft 2 has been amended to include the amendments proposed by Councilwoman Jitchaku-Inouye and Councilman Kokubun. '. • pC-390 Page 3 October 11 , 1988 Your Committee on Planning is in accord with the intent and purpose of Bill 627, Draft 3, and recommends that it pass second and final reading. 7; S- DO D AKA ; DOMINGO, CHAIRMAN ,. 11.r t4 aXim A 4415 � •ENCER K. " TT , VICE CHR. 717-017-137eLUZ III, MEMBER ArAw . . �� ,-- ►me, ¢___- SHERWO D R. ., GREENWELL, M BER LORRA • . vi7 HAKU-INOU , MBER r Ilk,.r a A & ' USSELL S. KOKUBUN, MEMBER ERLE K. LAI, ME r R LA/TN