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HomeMy WebLinkAboutCOM 1784.004 1984-1988 • a • 0,6 a p�bb h! e � .405 . • DAVE cep CHARTERS `P c6',1.atittel& POST OFFICE BOX 2955 KAILUA-KONA, HAWAII 96745 (808) 329-2025 November 8, 1988 Governor John Waihee State Capitol Building Honolulu, HI 96813 Dear Governor Waihee: We wish to express our deep concern over a large development that has been proposed for North Kona . Kohana Iki , a combination hotel , condominium and residential development with a proposed marina is , we feel , totally inappropriate for the area, locally known as "Pine Trees" , that Kona Beach Development Ventures wishes to develop . We would like to present our arguments against locating the development in that particular spot , and propose, instead, a more fitting, practical location that would involve cooperation between the state and private enterprise . 1 . The proposed marina would have devastating effects upon prime scuba diving areas heavily used by Kona dive charter operators . The area proposed as the marina entry involves one of only two areas along the North Kona coast sheltered from winter northwest high surf . Any blasting involved in creation of the marina entrance would destroy many of the corals , fish and other animals that inhabit the area, thus depriving many of us of a highly needed dive area during our busiest season of the year . This would have a severe economic impact on the local dive industry, which is growing, thriving, and providing interesting alternative employment for local people. 2 . The channel providing entrance and egress passes through a protected cove that is frequented by a local school of Hawaiian Spinner Dolphins and, in the wintertime , by Humpback whales and their calves , thereby creating a boat highway through a prime whale resting area . 3 . With expanding HOST park and Keahole Airport to the north and Honokohau National Park to the south, a large development sandwiched between them seems completely out of place . The area should be reserved for marine science related activities and/or park facilities . 'Meg Comm. File No., -zn/Sitik. Ref. To: -- Ref. Da+e___N. L 1 4 14 R w 4 . The proximity to Keahole Airport spells nothing but trouble for future plans for airport expansion . As larger, noisier jets use expanded facilities at Keahole, there will be open season on the state for noise lawsuits . Many of our visitors have commented on the wisdom of placing the airport so far from affected residential areas . At a recent hearing in Kona on the project , Robert Curran , a former air controller at LAX International testified that the majority of air accidents occur within 2 miles of airports , involving either take off or landing. To allow a major development within a mile of an expanding airport seems extremely shortsighted. 5 . Kona simply does not have the infrastructure to handle any major developments at this time . Kealakehe Schools are bulging at the seams with no major relief in sight . Our lack of in town parking is a disgrace; our traffic movement becomes worse with each season . Our sewage treatment facility has been overloaded for years . However, there is a viable alternative for the developer that the diving community would wholeheartedly support . I have seen plans drawn by Russ Fisher for the development of the area extending from Honokohau Harbor south to the Old Airport Beach Park; the plans include a modern sewage treatment facility with an adjoining golf course , a scenic coastal highway with jogging and biking roads . The area would be perfect for such a development . The existing harbor could be extended southward with no major impact on our precious ocean resources . We heartily support a land swap or lease between the state and Kona Beach Development Ventures , providing a model of cooperation between public and private entities . We support the placement of the entire development south of Honokohau Harbor and the retention of the land between ' Honokohau National Park and Keahole for Marine Science and/or park. facilities . Thank you for your consideration . Sincerely yours Of - Li-a ML Choquette/ omas E. Shockley / Owners // Dive Makai Charters cc .Land Use Commission Bill Bonk National Marine Fisheries Service Virginia Isbell State Director of Planning Andy Levin County Director of Planning Hawaii County Council Bill Bonk Sea Grant I •fit w STEPHEN K. YAMASHIRO ij" ��'' PAMELA F. CUSHNIE :T • � Cha,rman&Prowling Of fiur • •: �'.:�.3/ :•• FRANK DE LUZ III SPENCER KALANI SCHUTTE — TAKASHI DOMINGO ve€ Chairman r•`•• SHERWOOD GREENWELL LORRAINE R.JITCHAKU-INOUYE RUSSELL S KOKUBUN COUNTY COLII\LCIL MERLE K LAI County of Hawan Hawan County Building 25 AupunL Street Hilo, Hawau 96720 Re : C-1784. 3 November 17 , 1988 Mr. David A. Tarnas Big Island TORCH c/o BIORTA P.O. Box 5306 Kailua-Kona, Hawaii 96745 Dear Mr. Tarnas : This is to acknowledge receipt of your letter which also included a copy of your organization' s letter to the U.S. Corps of Engineers. Your communication has been referred to our Committee on Planning for its review and recommendations. Your interest in this matter is duly noted, and we thank you for taking the time to express your concerns. Very truly yours, A. 47. R. "B. Lega i' COUNTY CLE cc : Committee on Planning COUNTY OF HAWAII, 'STATE OF HAWAII Bill No. _ 627 ORDINANCE NO. 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; 5 . 27° 45 ' 1,048 . 30 feet along same; 6 . 101° 00 ' 100 .00 feet along same; 7 . 175° 45 ' 290 . 00 feet along same; 8 . 163° 45 ' 450 .00 feet along same; 9 . 122° 30 ' 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 ) : Parcel 2 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 ; n • -2- • • �r . s 3 . 195° 30 ' 100 .00 feet along same; 4 . 285° 30 ' 100 . 00 feet along same; 5 . 349° 00 ' 287 .25 feet along same; 6 . 339° 00 ' 609 . 52 feet along same; 7 . 5° 15 ' 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 ' 535 .00 feet along the remainder of Grant 3086 to Kapena; 2 . 46° 00 ' 360 .00 feet along same; 3 . 33° 30 ' 350 . 00 feet along same; 4 . 98° 25 ' 200 .17 feet along same; 5 . 150° 10 ' 246 . 69 feet along same; 6 . 127° 55 ' 340 . 00 feet along same; 7 . 217° 55 ' 1 ,190 . 00 feet along same; 8 . 286° 10 ' 265 .00 feet along same; 9 . 238° 14 ' 41 . 6" 170 . 00 feet along 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 ) : Parcel 5 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; • e -4- • ap ti 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 district classification of the following area situated at Kohanaiki , North Kona, Hawaii shall be Multiple Family Residential (RM-3 ) : Parcel 6 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 12 , 436 . 17 feet South and 8 , 014 .28 feet East , thence running by azimuths measured clockwise 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 ' 08" 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 ' 08" 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 district classification of the following area situated at Kohanaiki , North Kona, Hawaii shall be Village Commercial ( CV-10 ) : • -6- • a♦ Parcel B. 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 11 ,732 . 39 feet South and 5 , 787 . 36 feet East , thence running by azimuths measured clockwise from True South : 1. 185° 15 ' 1 ,038 .02 feet along the remainder of Grant 3086 to Kapena; 2 . 275° 15 ' 1 ,209 .30 feet along same; 3 . Thence along same on a curve to the right with a radius 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 .63 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; -7- 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° 18 ' 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- - • s• 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 . Thence along same on a curve 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 district classification of the following area situated at Kohanaiki , North Kona, Hawaii shall be Village Commercial ( CV-10 ) : Parcel 11 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 , 431 . 55 feet South and 4 , 417 . 23 feet East , thence running by azimuths measured clockwise from True South : -9- 1 . 125° 07 ' 93 .52 feet along the highwater mark; 2. 119° 56 ' 153 . 12 feet along same; 3 . 153° 58 ' 99. 41 feet along same; 4. 257° 30 ' 997 .35 feet along the remainder of Grant 3086 to Kapena; 5 . 167° 30 ' 635 . 78 feet along same; 6 . 257° 30 ' 270 . 00 feet along same; 7. 347° 30 ' 622 . 21 feet along same; 8 . 313° 35 ' 704. 19 feet along same; 9 . 5° 15 ' 290 . 00 feet along same; 10 . 95° 15 ' 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 . 65° 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 ) : • e• -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- Parcel 13 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 ' 525 .00 feet along the remainder of Grant 3086 to Kapena; 2 . 316° 15 ' 777 .35 feet along same; 3 . 346° 30 ' 729. 30 feet along same; 4 . 5° 15 ' 425 .00 feet along same; 5 . 95° 15 ' 204 . 30 feet along same; 6 . 185° 15 ' 290 . 00 feet along same; 7 . 133° 35 ' 704. 19 feet along 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; ft • •• -12- • °.e 3 . 8.7° 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 . (Refer 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 ) : Parcel 15 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 ' 56" 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) the effective date of the rezoning ordinance occurs only after : 1 ) Proof of a private water well of such quality and quantity adequate to meet the needs of the proposed development . Said determination shall be jointly made by 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; or 2 ) 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 desalination or similar processes, with and under the following conditions : a ) The developer executes an agreement, which is accompanied by a 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 ) No subdivision and/or development of any portion of the land shall occur unless and until items B( 2 ) (a) and (b) have been complied with; and d ) The Planning Director shall be mandated to initiate action to immediately �� -14- • 'f V 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; (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/ -15- 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. 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 sewage treatment plant , public or private, meeting with the approval of the appropriate , governmental agencies. The 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 • so -16- • I s V 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 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 . 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 -17- review and approval by the Planning Director , 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 : 17% affordable to families earning less than 80% of the median family income; 33% 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) the mitigation plan for site preservation and data recovery excavations shall be approved by the Planning Department and the Department of Land and Natural Resources-Historic Sites Section prior to any land preparation activity being conducted on the property; (0) 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 t4 • s• -18- • 6 . clearance is' obtained from the Planning Director ; ( P) 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 ; (Q) all utility lines shall be underground; (R) all other applicable laws, rules , regulations and requirements , including those conditions imposed by the State Land Use Commission, shall be complied with; ( S) 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; (T) 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 ( U) 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 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 -19- 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: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction : Date of 1st Reading : Date of 2nd Reading : Effective Date : �• • r -20- . ! 4r f 2337Q 8/17/88 CHANGE OF ZONE: KONA BEACH DEVELOPMENT VENTURE , L .P . (R88-4) Kona Beach Development Venture, L .P . has submitted an application for a change of zone for 273+ acres of land from an Open (0) zoned district 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. The property involved is situated makai of the Queen Kaahumanu Highway, adjacent to and north of the proposed Kaloko-Honokohau National Historical Park , Kohanaiki , North Kona, TMK: 7-3-09: portion of 3 . GENERAL INFORMATION 1. Parcel 3 of TMK: 7-3-09 totals 462.38 acres and is owned by Walter F. Weldon, Jr. , Norman L. Kasparson, E. J . Caldecott and James G. Degnan, as Trustees. 2 . Christian Wolffer who is the general managing partner of Kona Beach Development Venture , L .P. , holds the ground lease to the property with the option to purchase. Under the provision of the lease, the applicant is authorized to apply for a change of zone . PROPOSED DEVELOPMENT 3 . The request involves the following zone changes from the current Open (0) zoned district: • Requested Zoning Acreage CV-10 61. 214 V-1. 25 72 .221 RM-3 43 .176 RS-10 89. 647 ML-10 7. 666 273 . 924 4 . The proposal is to develop an Intermediate Resort Destination Area which would include the following : a. Three hotels totalling 1 ,250 rooms (500 , 400 and 350 rooms) . b. Marina Commercial Village including a 10 . 8-acre marina basin and 60,000 square foot retail/office space. c. 500 condominium units. d. 200 single family residential lots. e. A beach club and a tennis/recreation club. The proposed 18-hole golf course is zoned Open and therefore, not part of this rezoning request. f. A sewage treatment plant/golf course maintenance facility will be located within the proposed ML-10 zoned area. g. According to the preliminary site plan, there will be three mauka-makai public shoreline accesses and parking areas from within the project site. A lateral shoreline access easement is also proposed throughout the length of the property. -2- DEVELOPMENT TIMETABLE 5. The proposed development will be constructed in three phases . Phase i construction will begin as soon as the necessary approvals and permits are secured. Initial occupancies of Phase I projects will be in 1991 with buildout in 1995 ; Phase II - initial occupancies in 1993 with buildout by 1999; Phase III - initial occupancies in 1995 with phase and project buildout expected in 2003 . 6. The development timetable for the various phases are as follows: (Refer to attached SPECIFIC DEVELOPMENT TIMETABLE) COUNTY AND STATE PLANS 7. On May 28, 1987, by petition filed by Kona Beach Development Venture, L.P , the County Council amended the General Plan by designating the property as an Intermediate Resort Area (Ordinance No. 87 52) . "The General Plan defines an Intermediate Resort area as "a self-contained resort destination area which provides basic and support facilities for the needs of the entire development on a smaller scale than a major resort area. Such facilities shall include sewer , water, roads , employee housing and recreational facilities , etc. " The maximum number of hotel rooms is 1, 500. The Land Use Pattern Allocation Guide (LUPAG) Map for the area was also amended from Conservation and Open to Resort, Medium Density Urban Development and Low Density Urban Development. The requested amendments to the General Plan were approved subject to the following conditions: -3- 0. 5b. SPECIFIC DEVELOPMENT TIMETABLE The resort will be developed in phases to meet market demands and to coincide with the necessary infrastructure improvements. Three major phases have been identified and a degree of overlap between phases is expected as noted in the table below. DEVELOPMENT TIME TABLE Phase I: - Central Hotel - (400 rooms) - Golf Course and support facilities - 18 holes Begin occupancy - Beach access and facilities 1991 - Tennis and Recreational Club (first phase) - Marina Full occupancy - Marina Village Commercial - 60,000 sq. ft. 1995 - Marina Condominiums (first phase) - (150 units) - Infrastructure - Initial segment: Highway access and hotel , clubhouse and housing connection Water source, transmission and wastewater storage treatment facility Drainage system Power & systems communications Phase II : - South Hotel - 350 rooms - Marina Condominiums (final phase) - 100 units Begin occupancy - Golf Condominiums - 50 units 1993 - Hotel Condominiums - 50 units - Tennis Condominiums (first phase) - 75 units Full occupancy - Infrastructure - Additional segment: 1999 Extension of all systems required to service South Hotel and Condominiums Phase III : - North Hotel - 500 rooms - Tennis Condominiums (final phase) - 75 units Begin occupancy - Tennis and Recreational Club (final phase) 1995 - Residential Fairway Villas - 200 units Full occupancy - Infrastructure - final segment: 2003 Extension of all systems required to service Resort Hotels, Condominiums and Villas; all roadways complete. Phase I construction is scheduled to begin as soon as the necessary approvals and permits are secured. Initial occupancies of Phase I are estimated to occur in 1991 with phase buildout occurring in 1995. Initial occupancies for Phase II are projected for 1993 with phase buildout expected by 1999. Phase III occupancies are projected to begin in 1995 with phase and project buildout • ai expected to occur in 2003. A discussion of the land uses being proposed for rezoning is presented in the completed questionnaire attached to the submittal . Absorption rates projected for the land uses presented above are estimated as follows: hotels, 100 rooms per year; condominiums, 50 units per year; residential , 25 units per year; and commercial , 10,000 square feet per year. • (A) that employee housing and a range of residential opportunities be provided on-site and off-site if required; (B) that the Petitioner shall be responsible for providing all on-site infrastructural requirements and improvements ; and where possible shall consider joint systems with neighboring developments ; (C) that the Petitioner shall participate in a joint water quality monitoring system with NELH and HOST projects ; and, (D) that 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 marina. The Planning Commission went on record in support of the above-mentioned General Plan amendments at its meeting on Marcy 24, 1987. 8. On January 30, 1987, by petition filed by Kona Beach Development Venture, L .P. , the State Land Use Commission reclassified 470. 13 acres, including the area under consideration, from the Conservation District to the Urban District. The State Department of Business and Economic Development (DBED) and the County Planning Department went on record supporting the boundary amendment. The area was reclassified into the Urban District subject to the following conditions: a. Petitioner shall provide housing opportunities for low and moderate income Hawaii residents and for employees employed on the Property by constructing and offering for sale or -4- rent, on a preferential basis on its own or in cooperation with either or both the Hawaii Housing Authority and the County of Hawaii , within or without the Property, a number of residential units not less than ten percent (10%) of the residential units to be developed on the Property to residents of Hawaii and/or employees employed on the Property of low or moderate income as determined by the Hawaii Housing Authority or County of Hawaii from time to time, or by contributing to the development of such housing without the Property. The preferential residential units shall be offered for sale at prices that would enable such purchasers to qualify for and obtain State-assisted financing (e.g. Act 105 or Hula Mae) or Federally- insured or assisted financing (e.g. FHA Section 245 Program) intended to encourage home ownership by low and moderate income families or employees . b. Petitioner shall provide public access from Queen Kaahumanu Highway to the shoreline. Petitioner shall provide space for parking stalls at the access ( es) . Petitioner shall maintain a continuous trail along the seaward boundary of the Property and such access shall be integrated with the shoreline trails on adjacent lands. The accesses shall be available to the public for recreational use. Petitioner shall coordinate plans for public access with the Department of Land and Natural Resources and the County of Hawaii. -5- S Tt c. Petitioner shall establish a pond management plan for the anchialine pond complex in coordination with the Department of Land and Natural Resources , the County of Hawaii, and other appropriate agencies. The anchialine pond management plan shall include provisions for a buffer zone of no less than forty feet in width measured from the edge of the anchialine pond basin area to the outer edge of the buffer zone. d. Petitioner shall prepare preservation and data recovery plans for all significant historic sites which plans shall be submitted to the department of Land and Natural REsources and the County of Hawaii Planning Department for their review and comment. e. Petitioner shall develop and maintain on-site facilities such as sewage treatment plants, dry wells and ponding areas to insure that the nearshore, offshore and deep ocean waters remain in pristine condition. Petitioner shall also develop and coordinate a monitoring system with the Natural Energy Laboratory of Hawaii and the Hawaii Ocean Science and Technology Park. f. Petitioner shall provide a buffer area and develop and maintain a storm drainage system that does not adversely affect the existing wildlife habitat at Kaloko Fishpond in coordination with the Department of Land and Natural Resources , the U.S. Fish and Wildlife Service, the U.S. Park Service, and other appropriate agencies. -6- 0 R g. Petitioner shall grant to the state of Hawaii a noise easement in a form prescribed by the State Department of Transportation on any portion of the Property subject to noise levels exceeding 55 LDN as determined by the Department of Transportation noise contour map provided by the Department of Transportation for the year 1990 . (see Exhibit A attached to this Decision and Order) h. Petitioner shall apply sound attenuation measures on all residential units on the Property that are subject to noise levels greater than 60 LDN. Petitioner shall not construct residential or resort condominium development on any portion of the Property subject to noise levels greater than 65 LDN. i . The Commission may fully or partially release these conditions as to all or any portion of the Property upon timely motion, and upon the provision of adequate assurance of satisfaction of these conditions by the Petitioner . 9. The Kona Regional Plan adopted by the Planning Commission in 1984 as its guide for land use decisions designates the area for Open, Park and Recreation uses. This land use designation coincides with the previous General Plan and State Land Use district classifications of the area. 10. According to the Zoning Code, "The 0 (open) district applies to areas that contribute to the general welfare , the full enjoyment, or the economic well-being of open land type use which has been established, or is proposed. The object of this district is to encourage development around it such as a golf course , country -7- • club, and park, and to protect investments which have been or shall be made in reliance upon the retention of such open type use, to buffer an otherwise compatible land use or district, to preserve a valuable scenic vista or an area of special historical significance, or to protect and preserve submerged land, fishing ponds, and lakes (natural or artificial tide lands) . " 11. The property is within the Special Management Area (SMA) ; therefore, an SMA Use Permit must be secured prior to conducting any activity on the property. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12 . The property involved is a portion of an 462 .38-acre parcel. While 273+ acres are requested for rezoning, the remaining 189+ acres will remain in the Open district and will basically be used for the golf course. 13. While not part of this request, the petitioner also leases , with an option to purchase, a 7. 752-acre parcel (TMK: 7-3-09 :16) owned by State Mutual Life Assurance Company of America. This area will remain in the Open district and will be used as access to the proposed development from the Queen Kaahumanu Highway. 14 . The Soil Survey Report published by the U.S.D.A. , Soil Conservation Service, designates the Property as Aa (rLV) and Pahoehoe (rLW) Lava Flows, Punaluu Series (rPYD) , and Beach Areas (BH) . The predominant soil type accounting for approximately 70 per cent of the project site is Pahoehoe lava. Pockets of Aa lava are scattered throughout the site. Punaluu extremely rocky peat soil series covers approximately 10 percent of the project site in the -8- O"i 0 southeast section. The fourth land type , Beach Areas, occurs along the cost. The pockets of white sand beaches are composed of coral and sea shells. 15. The Land Study Bureau' s overall master productivity rating for agricultural use is Class "E" or Very Poor . 16. The property is not classified for agricultural use as the State Department of Agriculture ' s Agricultural Lands of Importance to the State of Hawaii (ALISH) system. 17. The slope of the land ranges for 0 to 5 percent. The elevation ranges from sea level at the shoreline to 70 feet above mean sea level at Queen Ka' ahumanu Highway. 18. The area received approximately 10 to 20 inches of rainfall annually. 19. According to the Flood Insurance Rate Map (FIRM) , the shoreline area is designated as a Coastal High Hazard Area (Zone V-15) . The 100-year flood zone boundary (Zone A-4) lies inland of the V-15 zone and between 200 to 1, 000 feet inland of the shoreline. Base flood elevations range from 7 to 9 feet above mean sea level. The remainder of the property lies within Zone "C" (area of minimal flooding) . 20. A botanical survey of the property was conducted and identified four vegetative types. A well developed strand vegetation community occurs along the cost. Immediately inland, in the southern area of the project site, the Kiawe thicket form a closed to semi-open canopy on the Pahoehoe lava. The pond vegetation occurs at the edges of or within the anchialine ponds which are found along the cost. Scrub vegetation is dispersed -9- 06 . !*SgR roughly over 80 to 85% of the property. Within these vegetative areas, 73 vascular plant species were identified. Of these, 27 are native species , 18 being indigenous and 9 are endemic. One plant tentatively identified as a Reynoldsia species was found in the kiawe thicket. A species of this genus (Reynoldsia sandwicensis) is a candidate endangered or threatened species. The plant is located within a historic site and no development is planned for this area. 21. The terrestrial faunal survey identified 13 bird species and 1 mammal. The most common bird species, the House Finch and Japanese White-eye, were found in the mangrove, kiawe thicket and strand habitats. The mongoose was the only mammal seen during the survey. None of the candidate or threatened and endangered waterfowl associated with the adjacent Honokohau ponds were noted in the survey. 22. A survey conducted in 1985 located a total of 56 anchialine ponds along Kohanaiki ' s coastline , 13 of which were not examined. A more recent survey (May, 1986) located 2 additional anchialine ponds at the southern edge of the site. As mitigating measures , the applicant intends to prepare an anchialine pond management plan with the objective of preserving significant pond features , establishing buffer zones and providing interpretive and educational opportunities to the public. Ponds identified at the site will be incorporated into the overall design of the resort. Care will be taken in the design of the on-site drainage plan to assure that no runoff is directed towards the pond areas. The waste water treatment plan recognizes the potential impact of related nutrient -10- t. loading on the pond resource and proposes a system that will minimize the potential impact. 23 . The near shore waters off the property are classified as "AA" waters by the State Department of Health. The objective of class "AA" is that these waters remain in their natural pristine state as nearly as possible. 24 . There have been several archaeological surveys of the property over the years , the most recent being a full archaeological reconnaissance survey conducted in 1986. The archaeological survey identified a total of 105 sites within the property. Of these, 14 sites had been previously recorded, and 91 sites were newly identified. The range of sites included walled shelters , enclosures , cave shelters, overhang shelters, walls, trails, walled pond, platforms, carins , petroglyphs , straight and circular rock alignment, rock mound, filled depression, cleared pond and spring/well. In summary, the consulting archaeologist, stated, "Further work is recommended for 54 sites. This work includes detailed recording at 21 sites , recording and surface collection at seven sites , and recording with surface collection and/or test excavation at 26 sites. " All sites recommended for preservation will be preserved by the application in accordance with the archaeological consultant ' s recommendations. Sites with significant interpretive and cultural value will be managed under an archaeological resources management plan which will be formulated with the assistance of the State Historic Sites Office and the Hawaii County Planning Department. The applicant intends to follow the archaeological consultant' s -11- recommendation concerning future field work and continue to coordinate closely all archaeological work with both the Hawaii County Planning Department and the State Historic Site Office. The applicant' s consulting archaeologist also submitted a draft Mitigation Plan for Site Preservation and Date Recovery Excavations Kohanaiki Resort (July 1988) . 25. The historic Mamalahoa Trail borders the mauka portion of the property and crosses the property' s access corridor. The applicant has initiated a request for access easement over the trail from the State Department of Land and Natural Resources. 26. The property is vacant of any uses. 27. The property immediately to the south was recently acquired by the U.S. Department of Interior to be developed as part of the Kaloko-Honokohau National Historic Park. With the exception of the coastal areas and the Kaloko Pond which are classified Conservation by the State Land Use Commission, this property is classified Urban. The County Zoning designation is Open. 28. The adjoining property more commonly referred to as "Ooma" , is within the State Land Use Conservation District and zoned Open by the County. 29. The lands immediately mauka of the property and also mauka of Queen Kaahumanu Highway, are within the State Land Use Conservation District and zoned Open by the County. 30 . The Kaloko Light Industrial Subdivision is situated approximately 1, 800 feet southeast of the property. The Natural Energy Laboratory of Hawaii (NELH) and the HOST Park developments are situated north of the property. -12- i UTILITIES AND SERVICES 31. The nearest fire station is located in Kailua-Kona, approximately 5 miles from the property. Police services are also available from the Kailua Station. A new police station is proposed at Kealakehe. 32 . Electrical and telephone services will be made available to the property. 33 . There is no government operated pick up service for solid waste disposal within the County of Hawaii . Solid waste generated by the proposed development will be disposed at approved landfill sites by private disposal services. 34 . There is no municipal sewage system available in the area. The applicant intends to construct a centralized wastewater treatment facility. Treated effluent will be used for golf course irrigation or other landscaped areas. 35. Access to the property will be from the access corridor which connect Queen Ka' ahumanu Highway with the subject property. 36. While a County water system is available in the area , the present system cannot accommodate the proposed development. Initially, the applicant intends to provide potable water by lower level brackish wells in conjunction with a desalination plant. Long range plans call for the development of higher level potable water sources and subsequent elimination of the desalination plant. The applicant is currently negotiating with property owners mauka of the Queen Kaahumanu Highway in order to service well sites and transmission line corridors for both short and long term usage . -13- t AGENCIES ' COMMENTS 37. State Department of Land & Natural Resources : In response to your request, we have reviewed the document cited above and have the following comments to offer : We have some concerns on the archaeological resources management plan required by the County. Sizable plans, such as the Keauhou Resort Cultural Resources Management Plan, are very unwieldy for practical use and may be very costly to prepare. We believe all that is needed is a 10-30 page archaeological data recovery plan (specifying detailed research questions, methods, data to be gathered to answer the questions , laboratory studies planned, report contents, field work and report schedules , plans for archiving collected material) and drawings and 1-2 pages of text to serve as preservation plans for each site to be preserved (specifying buffer zones , sign locations, sign text, and other tasks to be done) . For this project, we believe that the applicant' s general mitigation plan and the condition imposed by the LUC boundary amendment will address our historic preservation concerns. Although this project will not affect our recreational concerns , the property borders Kaloko Honokohau, a national park now being developed, therefore the National Park Service should be consulted. -14- * 4 38. State Department of Transportation, Highways Division: Our comments and recommendations on the subject change of zone request are: 1. A fully channelized intersection with deceleration, acceleration and left turn storage lanes and street lighting meeting the current design standards shall be constructed by the developer at no cost to the State. We may also require traffic signals when warranted. 2 . The permitted access opening as proposed by the developer ' s access road encompasses forty (40) feet of TMK: 7-2-03 :16. Property coordination with the affected property owner should be done to resolve possible future problems. 3 . We will require a written confirmation from the developer assuring the State they they will be monitoring the traffic situation at this development ' s Access Road and Queen Kaahumanu Highway intersection periodically to determine if any additional future traffic improvements will be required and that the developer, at the appropriate time, will provide these improvements at his expense. 4 . All utilities across the Queen Kaahumanu Highway shall be underground. 5. Internal stub road to adjacent developments should be considered. 6. Existing highway drainage facilities on the Queen Kaahumanu Highway must be maintained. -15- 39. State Department of Health: Construction plans and engineering reports for the developments of wastewater transmission and treatment system and potable water supply need to be reviewed and approved by our consultant engineers. Fugitive dust and solid waste disposal during grubbing and grading activities need to meet the requirements of Administrative Rules, Title 11, Chapter 60 , Air Pollution Control, and Chapter 58, Solid Waste Management Control. The incorporation of a dust and erosion control plan in the construction plans is recommended. 40. Police: We have reviewed this change of zone application and from the police standpoint, the proposed use will result in additional traffic on roadways to and from this site. It is recommended that the condition and capacity of these roadways be considered in approving this application. 41. Water : It is our understanding with your Department that a water system for any subdivision created within the County is required to be constructed to the standards of the Department of Water Supply even if the water system will be privately operated. We are willing to review and monitor the construction of the water system for the proposed development for your department so that it meets the standards of the Department -16- r S of Water Supply. An inspection fee will be imposed when the private water system is constructed . 42 . Public Works : (Refer to Department of Public Works June 28, 1988, memo) 43 . Office of Housing & Community Development (OHCD: (Refer to OHCD July 25, 1988, memo) 44. No Objections/Adverse Comments : Education; Kona SWCD; Parks & Recreation 45. No Response: Research & Development; Fire -17- D� "4RTMENT OF PUBLIC WORKL •` • COUNTY OF HAWAII e1 HILO, HAWAII DATE June 28, 1988 iema, anhm TO Planning Department FROM : Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION Applicant: Kona Beach Development Ventura, L.P. Location: Kohanaiki, North Kona, Hawaii TMK: 7-3-09:3 & 16 We have reviewed the Traffic Impact Analysis Report for the subject application and our comments are as follows: 1. Report is based on a limited period of accelerated traffic growth and a following return to present growth. We are unable to determine if these rates are accurate. Request Planning verify assumption and inform this department if revised comments are necessary. 2. Traffic from the subject project will directly affect Queen Kaahumanu Highway and intersections along the Highway which are under State Highways jurisdiction. We defer comments to their office. However, should they have no comments, we have the following comments: a. Provide fully channelized intersection at Queen Kaahumanu Highway entrance to project including left turn lanes, acceleration and deceleration lanes. b. Traffic signals appear to be warranted by 1999 at Queen Kaahumanu entrance. Applicant should be committed to participate in signalization improvements whenever warranted. 3. We have the following additional comments. a. Provide cross roads to north and south boundaries of property. Cross roads shall be coordinated with adjacent future developments. b. Roadways shall be designed in accordance with Hawaii Statewide Design Manual for Streets and Highways. HUGH Y. ONO, P.E. Chief Engineer GO:aa ! <y va:, DANTE K. CARPENTER FW A. SCOTT LEITHEAD MAYOR 7 j'1 ADMINISTRATOR COUNTY OF HAWAII OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 WAILUKU DRIVE • HILO, HAWAII 96720 PHONE: (808) 961-8379 July 25, 1988 MEMORANDUM TO: Al Lono Lyman, Director Planning Director FROM: A. Scott Leithead u Administrator SUBJECT: Change of Zone Application Kona Beach Development Venture, L.P. Kona Beach Development Venture, L.P. , is proposing to develop 1 ,250 resort units and 700 residential units on approximately 470 acres of land in the district of north Kona. The proposed development concept features three oceanfront hotel sites, resort village commercial center, a marina, multi-family residential sites, single-family residential sites, a golf course and related resort/residential amenities. Kona Beach Development Venture, L.P. is currently requesting a change of zone from Open (0) to Multiple Family Residential (RM), Single Family Residential (RS) , Resort Hotel (V), Limited Industrial (ML) and Village Commercial (CV) to allow the implementation of the above-described concept plan. Kona Beach Development Venture, L.P. recieved a State Land Use Boundary amendment from Conservation to Urban in the latter part of 1986. At that time, the State Land Use Commission imposed an affordable housing requirement on a minimum of 10% of the residential units proposed for the project. The Land Use Commission did not include any affordable housing requirement on the resort units being proposed. The affordable housing environment in the state has changed dramatically over the past 18 months. The Governor has come to recognize that affordable housing is one of the most pressing problems confronting the people of this state. During the past legislative session, the Governor proposed an agressive five-part package designed to produce thousands of affordable units through the joint effort of the state, counties and private sector. The legislature concurred with most of the Governor' s proposals and committed over $200 million to address the affordable housing problem. tonl EQUAL HOUSING OPPORTUNITY Memo to A. Lyman July 25, 1988 Page 2 The actions of the State Land Use Commission also indicate that they recognize the problem and have decided to do something about it. In one of their most recent actions, the State Land Use Commission has increased their standard for an affordable housing requirement from 10% of the residential units to 60% of the proposed residential units. In addition, there are two pending State Land Use boundary applications in West Hawaii in which the State is proposing that 60% of the units be affordable to low- and moderate-income families. This type of market intervention is deemed necessary to ensure the availability of decent and affordable housing for residents living and working in West Hawaii and the rest of the State. The Office of Housing and Community Development (OHCD) is generally supportive of the state's efforts to address the affordable housing problem and concur with the general principles of the 60% requirement. In fact, in two of the most recent resort/residential change of zone applications for West Hawaii involving the Kaupulehu and Huehue Ranch proposals, we have recommended that a 60% requirement be imposed on the residential component of the projects. In addition, an impact based assessment has also been recommended for the resort component of these projects. The County Planning Commission has included these conditions as part of their recommendation of approval being forwarded to the County Council for both the Kaupulehu and Huehue Ranch applications. An examination of some income statistics and the existing housing market in West Hawaii will illustrate the problems which confront us. The Department of Housing and Urban Development (HUD) estimate of the median family income for a family of four in the County of Hawaii is presently $28,800. Approximately 61% of our households earn less than 120% of the median family income or $34,600. The maximum home purchase price that these families can qualify for is $96,700 (assuming 10% down payment, 30-yr. mortgage, 10% interest and 3.3:1 income qualifying ratio). Less than 1U% of all single-family dwellings listed for sale in December, 1987 were below $96,7001 . Although more than 30% of the condominiums listed for sale fell below this price range2, the vast majority were better suited for transient accommodations than for long term residences to house families. The same dismal picture can be painted for rental prices. Average advertised rental rates in August 1987 were $1 ,162/mo. for single-family residences and $786/mo. for apartments'. The maximum affordable rent for families making less than 120% of the median family income is $864. In short, the housing market in West Hawaii is generally out of reach of the vast majority of our residents. This problem will be exaserbated by the development of the new resort/residential projects being proposed for the West Hawaii coast. These projects will be creating a large number of jobs which will result in a rapidly increasing population base that will have be be housed. The above-described income and housing cost figures indicate that there will be a tremendous affordability problem unless drastic action is taken. • . i Memo to A. Lyman July 25, 1988 Page 3 In recognition of this changing environment in affordable housing, particularly for the West Hawaii region in the County of Hawaii , the OHCD proposes that the affordable housing requirement for Kona Beach Development Venture, L.P. be determined in two ways, similar to that which was included for both the Kaupulehu and Huehue Ranch projects. First of all , we have prepared an analysis of the project's employee housing requirement based on the number of full time equivalent (fte) positions projected for the project. Thee number of fte positions identified for the project is 1 ,500 jobs . The number of housing units required for these jobs was determined by multiplying the number of jobs by 0.59 t9 account for a doubling up rate of 1 .7 employees per household°. The number of affordable units required was obtained by taking the result of the previous calculation and multiplying it by 0.6 to address the needs of the resort employee households earning less than 120% of the median family income6. The end result is that a total of 531 affordable units would be required to address the needs generated by the 1 ,250 resort hotel/units being proposed for the project. The full calculation is provided below: Full Time Equivalent Jobs 1 ,500 Housing Units Required 1 ,500 x .59 (doubling up rate of 1 .7 employees/unit) = 885 Employee Households Requiring Affordable Housing 885 x .60 (60% of resort employee households earn less than 120% of median family income) = 531 Resort Affordable Housing Requirement = 531 The second approach for determining the affordable housing condition is to apply a 60% affordable housing requirement on the residential component of the change of zone request. Kona Beach Development Venture L.P. is proposing the development of 700 residential units. As such, the affordable housing requirement for the 700 residential units is 420 affordable units (700 x 0.60). The total number of affordable housing units required for Kona Beach Development Venture L.P. ' s proposed 1 ,250 resort/hotel and 700 residential unit development is 951 affordable units. This result is obtained by combining the affordable units being required based on 60% of the residential units proposed (420 units) and the number of affordable units required to address the impacts generated by the 1 ,250 resort/hotel units (531 ). These affordable housing units may be provided on or off the project site. In addition, an in lieu fee payment may be made in cash or through the provision of services to satisfy the affordable housing condition. Satisfaction of the affordable housing condition based on the fee payment alternative will be based on the following calculation: • 1' , , Memo to A. Lyman July 25, 1988 Page 4 $ VALUE OF HOUSING REQUIREMENT 80% 90% 100% 110% 120% Income $23,040 $25,920 $28,800 $31 ,680 $34,560 Affd. Hse $ $60,268 $69,383 $78,500 $92,769 $102,421 Development $ $76,000 $82,000 $89,000 $94,000 $102,421 Difference $15,732 $12,617 $10,500 $1 ,231 $0 Affd. Units Required 190 190 190 190 190 Subsidy $2,989,080 $2,397,230 $1 ,995,000 $233,890 $0 TOTAL $7,615,200 The in lieu fee calculation is based on the amount of subsidy required to make up the difference between what people can afford to pay and the cost of producing an affordable unit. Five income categories, ranging between 80% of the median family income and 120% of the median family income, were utilized as the target groups to calculate the subsidy requirements. The affordable house price was determined for each income category based on the assumption of a 10% down payment (15% for the income groups above median), 30 year mortgage, 10% interest and 3.3:1 income qualifying ratio. The development cost figures were determined by the cost of providing an acceptable unit targeted for the various income categories. The foregoing calculations have been necessary to justify the final numbers which are utilized for the affordable housing condition. We have rounded the numbers and converted the requirements so they may be expressed in the form of a ratio. The numbers that are being recommended for the proposed condition are provided below: Resort Affordable Units Required 1 ,250 resort/hotel units X 0.42 = 525 Residential Housing Requirement 700 dwelling units X 0.6 = 420 Total Affordable Units Required 945 Dollar Value Equivalent for 945 Affordable Units $7,5/5,120 Based on the foregoing, the OHCD is recommending that the following condition be included as a condition of approval for the Kona Beach Uevelopment Venture, L.P. rezoning application: • Memo to A. Lyman July 25, 1988 Page 5 The petitioner, 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 affordable housing requirement being assessed, based on the current development scenario, will be 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 petitioner. Stated in 1988 dollars and subject to adjustment for inflation, the dollar value equivalent of the affordable housng 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 building cost indicies. The affordable housing requirement shall be implemented concurrently with the completion of units for the resort/residential project. An in lieu payment may be made in cash, through the provision 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 approval by the Planning Director, 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 this conditions shall , as a guide, utilize the following distribution: 17% affordable to families earning less than 80% of the median family income. 33% affordable to families earning between 80% to 120% of median family income. 50% affordable to families earning between 120% to 140% of median family income. f < Memo to A. Lyman July 25, 1988 Page b References 1 Peat Marwick Main & Co. , (1988). Market Assessment - Kealakehe Planned Community Concept Feasibility Study. Prepared for the State Housing Finance and Development Corporation and the County of Hawaii Office of Housing and Community Development. Ibid. 3 Ibid. 4 Number of full-time equivalent jobs obtained from the change of zone application. 5 Community Resources, Inc. and Datametric Research (1987). "Survey of Employee Characteristics and Housing Patterns: Westin Mauna Kea and Mauna Lani Resort". Prepared for Mauna Kea Properties and Mauna Lani Resort, Inc. 6 Ibid. cc: Stephen Menezes : ..LICATION FOR CHANGE OF ZG COUNTY OF HAWAII PLANNING DEPRATMENT APPLICANT: Kona Beach Devela me" Venture P * �� - APPLICANT'S SIGNATURE:' 1C � rou ADDRESS : 841 Bishop Street. Suite 1050 Honolulu, Hawaii 96813 TELEPHONE: (808) 528-7114 REQUEST FROM: Open TAX MAP KEY: 7-3-09; 3 (por.) AREA OF PROPERTY: 249 ac. to be rezoned (size of" parcel) OWNER: Christian Wolffer OWNER'S SIGNATURE: x 19411-79---1 See attached regarding Applicant/Owner interests APPLICANT'S INTEREST, IF NOT OWNER: Developer (If lessee, must be for at least another 5 years from date of application) APPLICANT 'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach) 1 . Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action ( if applicable) of the General Plan document,. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department. ) 2 . Please . state any other reasons for your request. THIS APPLICATION MUST BE ACCOMPANIED BY: (1) 16 copies of the completed application form. (2 ) 16 copies of a location map. (3 ) 16 copies of a site plan with existing and proposed uses (e.g. , structures, topography, proposed subdivision) . (4 ) 1 copy of appropriate questionnaire. (5) Any additional information. (6) $100 . 00 processing fee (7) One ( 1) copy of full-size site plan drawn to scale. Site plan should include property lines, reference points (roadways, shoreline, etc. ) , and existing and proposed structures and uses. Site plan shall be 2 feet by 3 feet in size at a minimum. (8) Legal description of the property in map and written form by metes and bounds ad certified by a surveyor . P .D. 4/87 0435q a APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE "1. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of actions (if applicable) of the General Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. " On January 30, 1986, Kona Beach Development Venture L.P. submitted an application to amend the Hawaii County General Plan to recognize the proposed resort uses. On May 28, 1987, the County of Hawaii General Plan Land Use Pattern Allocation Guide Map (LUPAG) was amended to redesignate the approximately 470-acre site from conservation and open to resort, medium density urban, low density urban, and open designations. The General Plan Land Use element was also amended to include Kohanaiki as an intermediate resort area. This application for a change of zone represents another milestone in the development of the Kohanaiki site. All uses proposed in the zone change application are contemplated within the underlying General Plan designations. Each of the 13 elements contained in the Hawaii County General Plan is discussed below as it relates to the Kohanaiki Project. A. Economic Element This section of the General Plan points out the potential economic benefits that could accrue to the county from tourism. It further notes that the job category experiencing increase in opportunities is hotel employment. Another issue addressed is the need to diversify the economic base, thus employing a variety of skilled personnel and providing stability against the cyclical performance of any one industry. The development of the Kohanaiki site for the proposed resort uses will be in keeping with the economic goals, policies, and standards of the General Plan. In particular, these include the policies which support strengthening of the existing visitor industry and future tourism development in a manner that is consistent with the social , physical , and economic goals of the county residents. The General Plan also indicates clearly the important role of the visitor industry to the entire County and the interrelationship between the economic profile of the North Kona district and the expansion of the visitor industry. The public benefit assessment prepare for the Kohanaiki EIS (Hallstrom Appraisal Group, Inc. , 1986) found that the proposed resort will contribute $10.8 million per year into State and County coffers in direct net tax benefits upon project completion. This does not include the over $4 million dollars annually in other tax revenues generated through economic multipliers in the community, or other island-wide economic benefits resulting from increased employment levels. a 'r 4 B. Environmental Quality As noted in the General Plan, much of the County's popularity as a visitor destination area is dependent upon the "natural beauty, which is accentuated by the quality of the air and water." Development of the Kohanaiki site will comply with all Federal , State, and County standards for pollution control . Since the development will be oriented to the visitor industry, maintenance of an attractive, high-quality environment will be tied directly to the success of the project. C. Flood Control and Drainage Flooding problems in the county are attributed to three sources: surface storm water runoff, high seas, and tsunami inundation. The preliminary engineering utilities report contained within the Kohanaiki EIS (M & E Pacific, Inc. , 1986) has proposed a drainage plan that will ensure the natural ecology of the coastal anchialine ponds as well as the recreational value of the prime beachfront and nearshore areas. The drainage plan will also significantly reduce flooding potential in the Wawahiwaa Point area and will reduce total runoff into the Kaloko fish pond area. All structures proposed for the resort will be constructed in accordance with Federal and State and County regulations and will be sited well -inland of the 100-year flood boundary and the tsunami inundation zone. D. Historic Sites The applicant will comply with all State and County requirements pertaining to historic and archaeological sites. A full archaeological reconnaissance survey was conducted over the entire site and was included in the Kohanaiki EIS (Paul H. Rosendahl , Ph.D. , Inc. , 1986) . Both the Hawaii County Planning Department and the State Historic Sites Office have agreed with the significance assessments found in the reconnaissance report. An archaeological resources management plan, as stipulated in the ordnance amending the County of Hawaii General Plan for the Kohanaiki site (Ordnance #87-52) , will begin shortly. It is the applicant's desire that significant historic sites on the Kohanaiki property should be incorporated into project development plans to preserve and enhance public access to them, where appropriate, as has been successfully done at other West Hawaii resort developments. E. Housing Multi- and single-family housing is proposed for the Kohanaiki site. It is expected that this housing will be occupied by first and second home buyers. A 150-unit on-site employee housing area was initially proposed in the January 30, 1986 General Plan application. After further review and study and in consultation with.the Hawaii County Planning Department, the applicant now wishes to participate in off-site employee housing as required by the County. F. Natural Beauty The General Plan states that "Hawaii 's natural beauty is the manifestation of the interplay of various physical elements and forces," including attributes such as elevation, relative location, and geological origin and age. The plan also recognizes human modification as another factor, one that involves a desire to experience natural beauty (in part, to enhance that beauty by making it more accessible) and also to obtain economic benefits from it. The project will seek a balance between natural and man-made elements through architectural and landscape designs that are harmonious with the existing environment. G. Natural Resources and Shoreline Sandy beaches, the rocky shoreline, and the pristine nearshore waters are important site resources. Shoreline areas will be protected by adhering to State and County setback regulations. Public access will be improved by roadway development on the site and provision of public beach access and parking areas. H. Public Facilities Public facilities include those service systems which are provided, staffed, and maintained by governments to serve the public health, safety, and welfare. Public facilities include schools, libraries, fire stations, police stations, detention facilities, and refuse disposal areas. In the North Kona region, these services are provided from the larger urban communities of Kailua-Kona, Captain Cook, Kealakekua, Kawaihae, and Waimea. As noted in the response to Question No. 10 of the zone change questionnaire (following) , the public economic benefit study included in the Kohanaiki EIS (Hallstrom Appraisal Group, Inc. , 1986) found that tax revenues accruing from the resort development will far exceed the public cost of providing these services. I. Public Utilities Public utilities, namely water, electricity, telephone, gas, sewage, and sewage treatment are directly influenced by location and intensity of land development. The Kohanaiki resort will require on-site and off-site improvements for adequate utility services. These infrastructural systems have been discussed in detail in the aforementioned engineering utilities report included in the Kohanaiki EIS. J. Recreation Demand for recreational resources within the county is expected to increase with the growing number of visitors and greater amounts of leisure time available to residents. County policies are intended to increase the number and diversity of recreational opportunities to provide public access to the shoreline, and to preserve the quality of recreational resources. The project includes several proposals that promote these policies and proposals: improved beach access to the popular Pine Trees beach area and other coastal areas, and tennis and golf club facilities, as well as a variety of shopping and eating facilities. K. Transportation The interrelationship between transportation and land use planning is reflected in the General Plan statement that "coordinated planning of the transportation facilities requires an understanding of the characteristics of the modes of conveyance and the patterns and densities of the area which they are intended to serve." The Kohanaiki site is at the hub of the three forms of transportation: Keahole Airport lies approximately two miles to the north of the property, the Honokohau small boat harbor is approximately one mile to the south and the Queen Kaahumanu Highway is just mauka of the site's eastern boundary. Land uses proposed for the site are suitable for this prime transportation situation. L. Land Use As noted earlier, the Hawaii County General Plan text and LUPAG maps have been amended to reflect the uses proposed within the Kohanaiki resort. M. Energy The island of Hawaii, more than anywhere else in the State, has been the active research, development, and commercialization of alternate sources of energy, including geothermal , hydroelectric, wind, ocean, and biomass conversion. The applicant recognizes the importance of the off-shore waters in the development of ocean thermal energy conversion (OTEC) , not only as a means of generating electric power, but also for its valuable byproducts. The applicant will coordinated development activities with Hawaii Electric Light Company (HELCO) and Hawaii County to develop an energy efficient resort development. In light of the positive reasons stated above, along with the absence of General Plan goals, policies, or standards which conflict or contradict the intended development of the project site, the proposed action is deemed consistent with the General Plan document. • f. + • "2. Please State Any Other Reasons For Your Request. 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Krieger, Chairman PLANNING COMMISSION Bill 627 - Rezoning - Kona Beach Development Venture September 19, 1988 September 19, 1988 Committee on Planning y L.4 - le;:rf, * OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 Oct. 5, 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 (273+- acres) The following is the action of the Hawaii County Council adopted at its meeting held today • Approve and adopt PC Report No. 376. s COUNTY CLERK Att. cc: Planning Dept. 03/11112,No. Mayor File No. ��� OCT 5 1988 ,