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HomeMy WebLinkAboutREP PC 252 10/13/1987 1984-1988 411 410 • REPORT OF THE COMMITTEE ON PLANNING DATE: October 13 , 1987 Re: Comm . 1261 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 . 415 , Draft 2 , regarding the rezoning request of Kona Operating Partnership/Kaupulehu Developments , Kona Village Resorts , Kaupulehu , Hawaii , TMK: 7-2-03 :portion of 2 , reports as follows: Bill No . 415 , Draft 2 , amends Section 25-86 , Article 3 , Chapter 25 of the Hawaii County Code , by changing the district classification of approximately 48 acres of land from Open (0) and Resort Hotel (V-3 ) to Resort Hotel (V-7 ) . Bill 415 , Draft 2 , passed first reading of the County Council on October 7 , 1987 , and was recommitted to the Committee on Planning for further review and discussion , at the recommendation of Committee Chairman Takashi Domingo . Suggested amendments to Bill 415 were distributed to committee members. prior to the meeting by Councilman Russell Kokubun. The amendments are as follows: " ( F) public access to and along the shoreline , including related improvements , shall be provided and maintained in perpetuity, meeting with the approval of the planning Director . These improvements shall include , but not be limited to , the following: a) public parking, at the ratio of at least one parking stall for every ten hotel rooms at the resort; b ) a pathway, at least six feet wide , constructed in such a manner as to safely accommodate handicapped persons and extending from the parking area to the shoreline; c ) public amenities , such as: restroom facilities , an outdoor shower , an outdoor sink and potable water ; d ) lateral shoreline access along the shoreline fronting the resort and e ) readily visible signs identifying the location of the public parking area and pathway; (G) construction of the public parking area and pathway, including the erection of identifying signs , shall be completed on or before December 31 , 1987; (H) construction of permanent public amenities shall commence within six months of the effective date of the Shoreline Management Area permit and shall be completed within three months of the commencement of construction; " PC REPORT No . 252 ADOPTED : OCT 21 1987 .„ 411 • • d PC- 252 Page 2 October 13 , 1987 Councilman Kokubun informed your Committee that the suggested amendments were discussed with Jan Sullivan , attorney for Kona Village Resort, and a representative of the Planning Department . Councilman Kokubun also stated that the proposed amendments are basically provisions which Mrs . Sullivan agreed to in her letter to the Planning Department dated September 8 , 1987 . Councilman Spencer K. Schutte stated that the County cannot continue to expect private developers to provide public access to the shoreline and other amenities when the State Government is negligent in improving State-owned land which are located near the subject property . He stated that he can understand the requirement for public access; however , he stated that the requirement for restrooms and other amenities is excessive . Councilman Frank De Luz also stated that to require the developer to install restrooms and other amenities is excessive; therefore , he cannot vote in favor of the proposed amendments . Councilman Kokubun stated that the amenities are the result of a "give and take" arrangement between the developer and the County . He explained that since the County is presently not in a position to require the developer to dedicate the access to the County, the developer is responsible for installing the access and necessar improvements . Along with this , the developer is permitted to attach certain restrictions to the use of the public access , such as the type of vehicles which will be allowed on the public access , the limited hours when the access will be open to the public and restrictions on alcoholic beverages . Councilman Kokubun added that if the public access were dedicated to the County , no restrictions would be in order . Councilman Robert Herkes questioned Mrs . Sullivan as to whether she would want the restrictions to also be included in Bill 415 . Mrs . Sullivan answered in the negative and explained that the restrictions are issues which she had worked out with the Planning Department . • • r PC- 252 Page 3 October 13 , 1987 Your Committee on Planning is now in full accord with the intent and purpose of Bill 415 , Draft 3 , and recommends that it pass second and final reading. Note: Underscoring of new materials appears in this committee report but will not appear in the final draft of the bill . d4a°4(O>C4:,- $4774, TAKASHI DOMINGO, AIRMAN "4P/ 7-74-gen4.4.vC., ..,/' (I DO NOT CONCUR) SPENCER K. SCHUTTE, VICE CHR. FRAN E LUZ III, MEMBER (ABSENT & EXCUSED) ' •BERT N. HERKES, MEMBER LORRAINE R. JITCHA• NO YE, MEMBER /A tit •USSELL S. KOKUBUN, MEMBER ME E K. LAI , MEM: R LA/TN