HomeMy WebLinkAbout91_006Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
June 24, 1993
Steven S. C. Lim, Esq.
Case & Lynch
460 Kilauea Avenue
Hilo, HI 96720-3084
Dear Mr. Lim:
llIIunfvi of Ptt%ttii
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 Fax (808) 961-9615
State Land Use Boundary Amendment (SLU 91-3)
Change of Zone Application (REZ 91-15)
Special Management Area (SMA) Use Permit No. 341
Use Permit No. 111.'
Applicant: Chalon International of Hawaii, Inc.
Requests: Hotel, Golf Course, Tennis Facility, Agricultural
Subdivision and Related Improvements
Tax Map Keys: 5-7-2:11, 5-7-3:2, 3, 7, 8, 10, 12, & 16
The Planning Commission at its duly held public hearing on
June 16, 1993 reviewed and acted on the above applications for a
State Land Use Boundary Amendment, Change of Zone, Special Management
Area (SMA) Use Permit and Use Permit for the above-described
properties.
The Commission voted to recommend the approval of the State Land Use
Boundary Amendment and Change of Zone applications to the County
Council. The State Land Use Boundary Amendment has no conditions of
approval, however the Change of Zone request is subject to the
following conditions:
A. The applicant, its successors or assigns shall be
responsible for complying with all of the stated conditions
of approval.
B. The effective date of the change of zone shall be (1) when
the applicant provides assurance satisfactory to the
'JUN 2 5 1993
Steven S. C. Lim, Esq.
June 24, 1993
Page 2
Departments of Water Supply and Planning, upon consultation
with the State Department of Health and the Department of
Land and Natural Resources, that a water source(s) of
sufficient quality and quantity has/have been established
within two years from the enactment of this ordinance;
provided that a maximum one-year extension may be granted
by the Planning Director with reasonable and sufficient
justification; and (2) an agreement together with the
appropriate bond, surety or other security deemed
acceptable by the Planning Director, is executed between
the applicant and the County through its Departments of
Water Supply and Planning for the actual development of a
proven source and its water transmission and distribution
system within one year from the official date of compliance
with condition B(1); provided that a one-year extension may
be granted by the Planning Director with reasonable and
sufficient justification.
C. Construction of the hotel and all interior roads providing
access to the parking areas for the Public Shoreline Access
Areas shall be completed within five years from the
effective date of the change of zone. Appropriate plans to
be submitted for subdivision of the proposed lots,
including plans to be submitted for Final Plan Approval of
the proposed hotel complex shall be consistent with all
applicable conditions of approval as required by the change
of zone. Plans shall identify improvements, structures,
landscaping, and parking stalls associated with the
proposed development.
D. A detailed historical mitigation plan which does not
conflict with the Consensus Agreement between Chalon and Na
Maka'ala 'o Kohala shall be submitted for the treatment of
the significant historic sites. The Plan shall consist of
two subplans; (1) an archaeological data recovery plan
(scope of work) for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim protection -
measures, and long-range preservation concerns. This
mitigation plan must be approved by the County Planning
Department and the State Historic Preservation Division
prior to its implementation. These offices must also
verify in writing that the plan is successfully executed.
No land alteration can occur in the project area until at
least the data recovery fieldwork and interim protection
measures are verified to be successfully executed.
Steven S. C. Lim, Esq.
June 24, 1993
Page 3
E. Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, paving or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigative
measures have been taken.
F. An analysis of the flood/drainage problems at the existing
drainage structures along Akoni Pule Highway shall be
completed. A drainage system shall be installed meeting
with the approval of the Department of Public Works and
Department of Transportation, Highways Division. "
G. To ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant
shall work with the Office of Housing and Community
Development and the Planning Department to formulate a
housing plan for the development, which shall be consistent
with the interim affordable housing policy of the County as
contained in the Hawaii County Housing Agency Resolution
No. 65 or subsequently adopted policies. This housing plan
shall be approved by the County Housing Agency prior to
Final Plan Approval of any portion of the Resort zoned
area; Provided that the applicant shall notify the County
Housing Agency of any intent to sell, lease, assign, place
in trust or otherwise voluntarily alter the ownership
interest in the property prior to visible commencement of
construction on the property; provided further that the
applicant may transfer ownership in the property to an
affiliate or in a manner consistent with prior
representations to the County Housing Agency. In the event
the applicant conveys an ownership, leasehold, or
controlling development interest in the Resort zoned area
prior to the approval of the housing plan by the Hawaii
County Housing Agency, a pro rata portion of the affordable
housing requirement, based upon unit density of the land
affected by such sale, lease or conveyance, shall be
satisfied by either an in -lieu payment, land, or any
combination thereof by the applicant upon such conveyance
of ownership, leasehold or controlling development interest
of the Resort -zoned area. The in -lieu payment, land, or
any combination thereof for the Resort zoned area shall be
based on a maximum of density for the Resort zoned area, as
determined by the applicant with the concurrence of the
Planning Director. The amount and method of satisfying
Steven S. C. Lim, Esq.
June 24, 1993
Page 4
this requirement shall be determined by the County Housing
Agency.
H. A job training program for the operating phase of the hotel
shall be developed and submitted to the Planning Director
for review and approval prior to receipt of Final Plan
Approval for the hotel.
I. The applicant shall work with the State Department of
Education and the Planning Department to provide its pro
rata share for school facilities. In establishing the
applicant's pro rata share, credit shall be given to the
applicant for contributions made to public and private
schools in the area subsequent to the passage of the change "
of zone. The pro rata share determination and its
implementation (i.e., dedication of land, construction of
classrooms or funding) shall be approved by the Planning
Department, in consultation with the Department of
Education, in conjunction with final subdivision approval
of any residential lot subdivision within the development.
J. The applicant shall provide 2.5± acres of land, the
equivalent value in improvements, or combination thereof,
for offsite public park and recreational purposes within a
5 -mile radius of the perimeter boundary of the properties
covered by this ordinance. The applicant shall submit the
location of the proposed sites and/or proposed improvement
plan to the County Council, the Planning Department and the
Parks and Recreation Department for review and information
prior to receipt of tentative subdivision approval of any
rezoned parcel of this project. If required, said site(s)
shall be graded or improved by the applicant and be
available for use prior to receipt of final subdivision
approval of any rezoned parcel of this project. The land
and any improvements shall be credited towards satisfying
any portion of the County's assessment relative to fire,
police, solid waste disposal facilities, and roads as noted
in Condition K below.
K. The applicant shall provide its fair share contribution to
address regional impacts of the project with respect to
fire, police, solid waste disposal facilities and roads.
The fair share contribution shall be initially based on the
representations contained in the change of zone application
and may be increased or reduced proportionally if dwelling
units or hotel units are adjusted. A pro rata portion of
the contribution, based upon the unit density and resort
area of the land affected shall become due and/or payable,
Steven S. C. Lim, Esq.
June 24, 1993
Page 5
at the discretion of the County in the event the applicant
conveys full controlling ownership, leasehold, or
development interest in the affected land prior to
receiving its initial subdivision or final Plan Approval of
the proposed development. Otherwise, said contribution
shall be satisfied in conjunction with the receipt of final
subdivision or Plan Approval, as the case may be, of the
proposed development. The fair share contribution for each
residential unit or hotel unit shall be based on the
maximum density for each lot as determined by the zoning
resulting from this change of zone. The fair share
contributions in a form of cash, land, facilities, or any
combination thereof shall have the following maximum value:
(a) $44,350 for fire protective services and $9,280 for
police protective services; (b) $1,911,750 to support state
and county road and traffic improvements within the North
Kohala region. Appropriate credits shall be given for any
of the applicant's land contribution associated with the
Akoni Pule Highway improvements; (c) $20,750 to support
county solid waste disposal functions. The applicant is
encouraged to provide land for a landfill or solid waste
transfer station site as a means to satisfy this
requirement. Any contributions required by this ordinance
that exceed the fair share requirement of this project
shall, at the applicant's request, be credited towards any
of the applicant's future developments that require
infrastructural impact contributions.
L. Prior to the commencement of construction of any portion of
the proposed development, a monitoring plan on potential
pollution to the groundwater and coastal waters shall be
submitted to the Planning Director for approval in
consultation with the Department of Health.
M. A landscaping easement along both the mauka and makai sides
of the property's frontage along Akoni Pule Highway shall
be set aside and delineated on all plans, including
Subdivision plans. The width of the landscaping easement."
shall not exceed 150 feet, measured from the existing
right-of-way along both the mauka and makai sides of Akoni
Pule Highway. The landscaping plan for the easement area
and the width of the landscape easement shall be submitted
to the Planning Director for review and approval in
consultation with the County Arborist Council prior to
issuance of final subdivision approval for any portion of
the easement area, or Final Plan Approval for the golf
course, whichever occurs first. Said plan shall depict the
landscaping, which may include golf course fairways, tees
Steven S. C. Lim, Esq.
June 24, 1993
Page 6
and greens, identifying the plant species to be utilized
along with related accessory improvements such as
irrigation facilities, maintenance roads/paths, and other
required drainage, access or utility corridors, and the
program for ongoing maintenance.
N. Underground telephone, water, electrical and cable
television utility lines shall be constructed throughout
the project site; no overhead utility lines shall be
permitted.
0. A final comprehensive public access plan shall be submitted
for the review and approval by the Planning Director in
consultation with the Department of Land and Natural
Resources along with plans for subdivision approval, plan
approval, or any land alteration activity, whichever comes
first. The public access plan shall include mauka-makai
and lateral shoreline accesses; a minimum of ten (10)
parking stalls for each of the four parking areas for users
of the shoreline area, signage, restrictions on use (i£
any), provision of toilet facilities at appropriate
locations, and related improvements. The plan shall also
integrate where appropriate, any public accessway(s) or
trail system(s) approved in conjunction with the detailed
mitigation plan for the Historic Interpretive Park.
P. The areas of the property within the State Land Use
Conservation District shall be set aside as public
shoreline access areas via covenants recorded with the
Bureau of Conveyances. These covenants shall be
encumbrances running with the land and shall be binding on
all parties and persons claiming under them.
Q. The applicant shall participate with the Department of
Transportation, Highways Division on regional highway
improvements on a pro rata basis, which shall include at a
minimum; (1) improvements to the Queen Kaahumanu
Highway/Kawaihae Road intersection; (2) channelization and
street lighting of the project access to Akoni Pule
Highway; (3) dedication of additional right-of-way to the
State along Akoni Pule Highway fronting the project site;
(4) guardrails, where needed, along the highway
right-of-way to protect lower lots from highway traffic;
(5) protection of highway traffic from errant golf balls
for all golf links bordering the highway; and (6) closing
of all unused access points to Akoni Pule Highway.
Steven S. C. Lim, Esq.
June 24, 1993
Page 7
R. 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.
S. As agreed to by the applicant, restrictive covenants shall
be included in the deeds of all applicable subdivided lots
which would prohibit the construction of additional ohana
dwelling units. A copy of the proposed covenant(s) shall
be submitted to the Planning Department for review and
approval prior to final subdivision approval of each
applicable subdivision. Proof of recordation along with a
copy of a typically recorded covenant shall be filed with
the Planning Department within one year from the date of
final subdivision approval of each applicable subdivision.
T. The applicant shall comply with all applicable laws, rules,
regulations and requirements, including those of the
Department of Health, Fire Department and the Department of
Water Supply.
U. An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
change of zone. The report shall include, but not be
limited to, the status of the development and to what
extent the conditions of approval are being complied with.
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.
V. 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
shall be credited towards the requirements of the Unified
Impact Fees ordinance.
W. An extension of time for the performance of conditions
within the ordinance may be granted by the Planning
Director upon the following circumstances; (a) the
non-performance is the result of 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; (b) granting of the
time extension would not be contrary to the general plan or
zoning code; (c) granting of the time extension would not
Steven S. C. Lim, Esq.
June 24, 1993
Page 8
be contrary to the original reasons for the granting of the
change of zone; (d) 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
(e) 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.
X. Should any of the conditions not be met or substantially
complied with in a timely fashion, the Director shall
initiate rezoning of the area to its original or more
appropriate designation.
The Planning Commission also approved Special Management Area (SMA)
Use Permit No. 341 to allow the construction of a 200-240 unit lodge
hotel, 125-150 one acre lot subdivision, 18 -hole golf course and
related facilities, tennis facility, related site improvements and
supporting infrastructure and Use Permit No. 111 to allow the
construction of an 18 -hole golf course with related facilities for
property located approximately 12 miles north of Kawaihae Harbor and
6 miles southwest of Hawi off the Akoni Pule Highway between Lapakahi
State Historical Park to the south and Kapaa Park to the north in
Mahukona-Kapaanui, North Kohala, Hawaii.
Approval of Special Management Area (SMA) Use Permit No. 341 is based
on the following:
The purpose of Chapter 205-A, Hawaii Revised Statutes and Rule
No. 9, Special Management Area Rules and Regulations of the
County of Hawaii, is to preserve, protect, and where possible,
to restore the natural resources of the coastal zone areas.
Therefore, special controls on development within the area along
shore are necessary to avoid permanent loss of valuable
resources and the foreclosure of management options.
One of the criteria for approving a development within the SMA
is that it is consistent with the General Plan and zoning
designation. The proposed development does conform to the
General Plan which designates the area as a Minor Resort. With
the approval of the change of zone request, the area will be
appropriately zoned for the proposed use.
Another criteria for reviewing the SMA Use Permit application is
that "the development will not have any significant adverse
environmental or ecological effect, except as such adverse
effect is minimized to the extent practicable and clearly
outweighed by public health, safety, or compelling public
Steven S. C. Lim, Esq.
June 24, 1993
Page 9
interest." The proposed development is not anticipated to have
any substantial adverse environmental or ecological effects.
Surveys conducted for biological resources, historic and
cultural resources, visual impacts, public access and
recreational aspects, socio-economic impacts support this
conclusion. No endangered plant or animal species uses the
project site as a habitat.
Negative impacts on the coastal waters during site preparation
and construction phases can be mitigated through compliance with
existing ordinances and regulations. Performance conditions
relating to monitoring of coastal waters, groundwater are also
proposed.
The goals and objectives with respect to coastal, recreational,
scenic, historic and economic resources can be met with an
approval with conditions. A public access plan provides for
opportunities for public coastal recreation. A condition for
designating the coastal Conservation District as a Shoreline
access easement is being proposed. Through the Consensus
Agreement with Na Maka'ala 'O Kohala archaeological sites have
been identified and treatment for preservation/data recovery has
been determined for each site. The hotel has been designed to
minimize visual obstruction from the Akoni Pule Highway. While
some concern has been expressed relative to degradation of
ground and coastal water quality from the golf course use, these
may be mitigated through conditions of approval attached with
the Use Permit for the golf course. The proposed development is
not subject to coastal hazards such as tsunami or storm waves as
the lowest point exceeds 20 feet in elevation above Mean Sea
Level, which is higher than the recorded 12 feet height
attributed to historically measured tsunami.
Approval of Special Management Area (SMA) Use Permit No. 341 is
subject to the following conditions:
1. The applicant, successors or its assigns shall comply with
all of the stated conditions of approval.
2. Approval of development within the special management area
affected by the accompanying changes of zone shall become
effective on the effective date of the changes of zone.
3. Construction of the hotel and all interior roads providing
access to the parking areas for the Public Shoreline Access
Areas shall be completed within five years from the
effective date of the change of zone. Appropriate plans to
be submitted for subdivision of the proposed lots,
Steven S. C. Lim, Esq.
June 24, 1993
Page 10
including plans to be submitted for Final Plan Approval of
the proposed hotel complex shall be consistent with all
applicable conditions of approval as required by the change
of zone. Plans shall identify improvements, structures,
landscaping and parking stalls associated with the proposed
development.
4. A detailed historical mitigation plan which does not
conflict with the Consensus Agreement between Chalon and Na
Maka'ala 'O Kohala shall be submitted for the treatment of
the significant historic sites. The Plan shall consist of
two subplans; (1) an archaeological data recovery plan
(scope of work) for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim protection
measures, and long-range preservation concerns. This
mitigation plan must be approved by the County Planning
Department and the State Historic Preservation Division
prior to its implementation. These offices must also
verify in writing that the plan is successfully executed.
No land alteration can occur in the project area until at
least the data recovery fieldwork and interim protection
measures are verified to be successfully executed and that
a representative of Na Maka'ala 'O Kohala and the Hawaiian
Civic Club of North Kohala be on site during any
construction or land alteration activity.
5. Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, paving or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigative
measures have been taken.
6. A final comprehensive public access plan shall be submitted
for the review and approval by the Planning Director in
consultation with the Department of Land and Natural
Resources along with plans for subdivision approval, plan
approval, or any land alteration activity, whichever comes
first. The public access plan shall include mauka-makai
and lateral shoreline accesses; a minimum of ten (10)
parking stalls for each of the four parking areas for users
of the shoreline area, signage, restrictions on use (if
any), provision of toilet facilities at appropriate
locations, and related improvements. The plan shall also
integrate, where appropriate, any public accessway(s) or
Steven S. C. Lim, Esq.
June 24, 1993
Page 11
trail system(s) approved, in conjunction with the detailed
mitigation plan for the Historic Interpretive Park. The
public access plan shall include provisions for night
fishing. As part of the public access plan, improvements
to Mahukona Park & Harbor Access Road meeting the approval
of the Department of Public Works shall be completed to the
proposed public access parking area off the Mahukona Park &
Harbor Access Road.
7. The areas of the property within the State Land Use
Conservation District shall be set aside as public
shoreline access areas via covenants recorded with the
Bureau of Conveyances. These covenants shall be
encumbrances running with the land and shall be binding on
all parties and persons claiming under them.
8. A landscaping easement along both the mauka and makai sides
of the property's frontage along Akoni Pule Highway shall
be set aside and delineated on all plans, including
Subdivision plans. The width of the landscaping easement
shall not exceed 150, measured from the existing
right-of-way along both the mauka and makai sides of Akoni
Pule Highway. The landscaping plan for the easement area
and the width of the landscape easement shall be submitted
to the Planning Director for review and approval in
consultation with the County Arborist Council prior to
issuance of final subdivision approval for any portion of
the easement area, or Final Plan Approval for the golf
course, whichever occurs first. Said plan shall depict the
landscaping, which may include golf course fairways, tees
and greens, identifying the plant species to be utilized
along with related accessory improvements such as
irrigation facilities, maintenance roads/paths, and other
required drainage, access or utility corridors, and the
program for ongoing maintenance.
9. Underground telephone, water, electrical and cable
television utility lines shall be constructed throughout
the project site; no overhead utility lines shall be
permitted.
10. An analysis of the flood/drainage Problems at the existing
drainage structures along Akoni Pule Highway shall be
completed. A drainage system shall be installed meeting
with the approval of the Department of Public Works and
Department of Transportation, Highways Division.
Steven S. C. Lim, Esq.
June 24, 1993
Page 12
11. The minimum 40 -foot shoreline setback line measured from a
current (at the time of staking) Certified Shoreline Survey
shall be staked by a registered land surveyor prior to any
land alterations in the affected area. Written
confirmation shall be submitted in conjunction with the
required/requested permits. No improvements shall be
allowed within the 40 -foot shoreline setback area unless as
required by law, a Shoreline Setback variance is granted by
the Planning Commission.
12. Additional open space shall be provided between; (a) the
Maumalei Heiau and the proposed swimming pool,
(b) Ko'aholomoana Heiau and the golf course, (c) the
Mahukona Park & Harbor Access Road Public Access Parking "
Area and the golf course, (d) the proposed hotel and along
the shoreline area at Nishimura Bay. The Planning Director
in consultation with Na Maka'ala 10 Kohala and the Hawaiian
Civic Club of North Kohala shall determine the required
additional open space.
13. 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.
14. Prior to the commencement of construction of any portion of
the proposed development, an overall monitoring plan on
potential pollution to the groundwater and coastal waters
shall be submitted to the Planning Director for approval in
consultation with the Department of Health. A Golf Course
Best Management Plan and Integrated Groundwater Monitoring
Plan shall be component parts of this overall monitoring
plan.
15. During construction, fugitive dust and runoff sedimentation
mitigating measures meeting construction industry standards -
shall be implemented at all times.
16. An extension of time for the performance of conditions
within the SMA Use Permit may be granted by the Planning
Director upon the following circumstances; (a) the
non-performance is the result of 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; (b) granting of the
time extension would not be contrary to the general plan or
Steven S. C. Lim, Esq.
June 24, 1993
Page 13
zoning code; (c) granting of the time extension would not
be contrary to the original reasons for the granting of the
permit; (d) 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
(e) if the applicant should require an additional extension
of time, the Planning Director shall submit the applicant's
request to the Planning Commission for appropriate action.
17. Should any of the conditions not be met or substantially
complied with in a timely fashion, after the Planning
Director has given the permittee notice, this permit may be
voided by the Planning Commission.
Approval of the Use Permit No. 111 is based on the following:
The establishment of a golf course and related facilities within
the Agricultural and Unplanned zoned districts will not be
inconsistent with the general purpose of the zoned districts,
the intent and purpose of the Zoning Code, and the General Plan,
provided that adequate mitigating conditions are met.
The golf course will provide a form of perpetual open space,
thus, maintaining the current open character of the surrounding
area along with its natural and scenic qualities. The golf
course would, therefore, be consistent with the policies of the
Recreation and Open Space Elements of the General Plan, which
cite that recreational facilities in the County shall reflect
the natural, historic, and cultural character of the area, and
that the recreational use should be compatible with the adjacent
areas.
Granting of this proposed development would further complement
the goals of the General Plan's Recreation element which states
"Provide a diversity of environments for active and passive
pursuits" and to "Provide a wide variety of recreational
opportunities .... 11 -
Golf courses are a permitted use within the State Land Use
Agricultural District provided that the affected lands are not
classified either A and B soils by the Land Study Bureau. The
Land Study Bureau's Overall Master Productivity rating for
agricultural use of the subject property is E or very poor,
therefore, consideration of a golf course within these State
land use parameters is permissible.
Steven S. C. Lim, Esq.
June 24, 1993
Page 14
The granting of the proposed use will not be materially
detrimental to the public welfare nor cause substantial adverse
impact to the community's character or to surrounding
properties. The subject lands are presently vacant.
All essential utilities and services will be made available.
Conditions of approval shall include water source and
transmission improvements, off-site roadway improvements,
groundwater monitoring and a golf course maintenance
(fertilizers, pesticides, biocides) plan.
Approval of Use Permit No. 111 is subject to the following
conditions:
1. The applicant, successors or its assigns shall comply with
all of the stated conditions of.approval.
2. Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, paving, or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigative
measures have been taken.
3. A landscaping easement along both the mauka and makai sides
of the property's frontage along Akoni Pule Highway shall
be set aside and delineated on all plans, including
Subdivision plans. The width of the landscaping easement
shall not exceed 150 feet, measured from the existing
right-of-way along both the mauka and makai sides of Akoni
Pule Highway. The landscaping plan for the easement area
and the width of the landscape easement shall be submitted
to the Planning Director for review and approval in
consultation with the County Arborist Council prior to
issuance of final subdivision approval for any portion of
the easement area, or Final Plan Approval for the golf
course, whichever occurs first. Said plan shall depict the
landscaping, which may include golf course fairways, tees
and greens, identifying the plant species to be utilized
along with related accessory improvements such as
irrigation facilities, maintenance roads/paths, and other
required drainage, access or utility corridors, and the
program for ongoing maintenance.
4. A detailed historical mitigation plan which does not
conflict with the Consensus Agreement between Chalon and Na
I
Steven S. C. Lim, Esq.
June 24, 1993
Page 15
Maka'ala 'O Kohala shall be submitted for the treatment of
the significant historic sites. The Plan shall consist of
two subplans; (1) an archaeological data recovery plan
(scope of work) for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim protection
measures, and long-range preservation concerns. This
mitigation plan must be approved by the County Planning
Department and the State Historic Preservation Division
prior to its implementation. These offices must also
verify in writing that the plan is successfully executed.
No land alteration can occur in the project area until at
least the data recovery fieldwork and interim protection
measures are verified to be successfully executed and that
a representative of Na Maka'ala to Kohala and the Hawaiian
Civic Club of North Kohala be on site during any
construction or land alteration activity.
5. A final comprehensive public access plan shall be submitted
for the review and approval by the Planning Director in
consultation with the Department of Land and Natural
Resources along with plans for subdivision approval, plan
approval, or any land alteration activity, whichever comes
first. The public access plan shall include mauka-makai
and lateral shoreline accesses; a minimum of ten (10)
parking stalls for each of the four parking areas for users
of the shoreline area, signage, restrictions on use (if
any), provision of toilet facilities at appropriate
locations, and related improvements. The plan shall also
integrate, where appropriate, any public accessway(s) or
trail system(s) approved, in conjunction with the detailed
mitigation plan for the Historic Interpretive Park. The
public access plan shall include provisions for night
fishing. As part of the public access plan, improvements
to Mahukona Park & Harbor Access Road meeting the approval
of the Department of Public Works shall be completed to the
proposed public access parking area off the Mahukona Park &
Harbor Access Road.
6. Additional open space shall be provided between, (a) the
Maumalei Heiau and the proposed swimming pool,
(b) Ko'aholomoana Heiau and the golf course, (c) the
Mahukona Park & Harbor Access Road Public Access Parking
Area and the golf course, (d) the proposed hotel and along
the shoreline area at Nishimura Bay. The Planning Director
in consultation with Na Maka'ala 'O Kohala and the Hawaiian
Civic Club of North Kohala shall determine the required
additional open space.
Steven S. C. Lim, Esq.
June 24, 1993
Page 16
7. Underground telephone, water, electrical and cable
television utility lines shall be constructed throughout
the project site; no overhead utility lines shall be
permitted.
8. An analysis of the flood/drainage problems at the existing
drainage structures along Akoni Pule Highway shall be
completed. A drainage system shall be installed meeting
with the approval of the Department of Public Works and
Department of Transportation, Highways Division.
9. The minimum 40 -foot shoreline setback line measured from a
current (at the time of staking) Certified Shoreline Survey
shall be staked by a registered land surveyor prior to any
land alterations in the affected area. Written
confirmation shall be submitted in conjunction with the
required/requested Permits. No improvements shall be
allowed within the 40 -foot shoreline setback area unless as
required by law, a Shoreline Setback Variance is granted by
the Planning Commission.
10. Prior to the commencement of construction of any portion of
the proposed development, an overall monitoring plan on
potential pollution to the groundwater and coastal waters
shall be submitted to the Planning Director for approval in
consultation with the Department of Health. A Golf Course
Best Management Plan and Integrated Groundwater Monitoring
Plan shall be component parts of this overall monitoring
Plan.
11. During construction, fugitive dust and runoff sedimentation
mitigating measures meeting construction industry standards
shall be implemented at all times.
12. Final Plan Approval for the proposed golf course and
related improvements shall be secured from the Planning
Director within 18 months from the effective date of this
permit. To assure adequate time for Plan Approval review_'
and in accordance with Section 25-244, Chapter 25 (Zoning
Code), plans shall be submitted a minimum of forty-five
(45) days prior to the date by which Plan Approval must be
secured. Plans, at the minimum, shall delineate
structure(s), archaeological preservation areas,
landscaping, parking and roadway alignments. The Planning
Director shall determine the consistency of the related
improvements and accessory uses to the golf course with the
applicable provisions of the Zoning Code at the time of
Plan Approval review.
Steven S. C. Lim, Esq.
June 24, 1993
Page 17
13. In the design of the golf course, the County of Hawaii
Planning Department's Guidelines for Golf Course Design
(November 1989, as amended) shall be utilized. The
Planning Department shall determine appropriate setback
requirements (i.e., building and property line) at the time
of plan approval review. Easements for golf course
purposes over and across abutting lots, either existing or
proposed, shall not be permissible.
14. Prior to construction, the applicant shall demonstrate to
the satisfaction of the Planning Director that all proposed
off-site construction material such as topsoil or sand are
being supplied from an approved quarry or resource site.
15. An extension of time for the performance of conditions
within the Use Permit may be granted by the Planning
Director upon the following circumstances; (a) the
non-performance is the result of 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; (b) granting of the
time extension would not be contrary to the general plan or
zoning code; (c) granting of the time extension would not
be contrary to the original reasons for the granting of the
permit; (d) 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
(e) if the applicant should require an additional extension
of time, the Planning Director shall submit the applicant's
request to the Planning Commission for appropriate action.
16. Should any of the conditions not be met or substantially
complied with in a timely fashion, after the Planning
Director has given the permittee notice, this permit may be
voided by the Planning Commission.
These recommendations do not, however, sanction the specific plans
submitted with the applications as they may be subject to change
given specific code and regulatory requirements of the affected
agencies.
Steven S. C. Lim, Esq.
June 24, 1993
Page 18
Should you have any questions regarding the above, please feel free
to contact Rodney Nakano of the Planning Department at 961-8288.
Sincerely,
Donald L. Manalili, Chairman
Planning Commission
RKN:jdk
LChalo04.PC
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Chalon International of Hawaii, Inc.
PBR Hawaii
Department of Public Works
Department of Water Supply
County Real Property Tax Office
State Land Use Commission
Office of State Planning, CZM Program w/background
Department of Land and Natural Resources
Department of Health
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Office of Housing and Community Development
Department of Education
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Fire Department
Police Department
County Arborist Council
HELCO
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Na Maka'ala 'O Kohala
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West Hawaii Office
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