HomeMy WebLinkAbout93_006Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
March 1, 1994
AT
Cuannk trf (Pufunn—
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 Fax (808) 961-9615
Mr. Sachi Noma, Director
Kealakekua Development Corporation
PO Box 945
Captain Cook, HI 96704
Dear Mr. Noma:
Applicant: Kealakekua Development Corporation
Use Permit Application (USE 93-6)
Request: 18 -Hole Golf Course, Clubhouse & Related Improvements
Tax Map Kev: 8-2-12:01 & 12
The Planning Commission at its duly held public hearing on
February 17, 1994, voted to approve the above application.
Use Permit No. 121 is hereby issued to develop a golf course,
club house and related improvements. The project site, formerly
Kealakekua Ranch Lands, consists of approximately 11,184 acres,
situated between the 2,200 and 6000 foot elevation, (mauka) east
of Captain Cook, mauka of the intersection of Koa Road and Hawaii
Belt Road, Kealakekua, South Kona, Hawaii.
Approval of this request is based on the following:
The granting of this request will be consistent with
the general purpose of the zoned district, the intent and
purpose of the Zoning Code and the County General Plan. The
establishment of an 18 -hole golf course and related
facilities within the State Land Use Agriculture District
and the County's Agriculture zoned district may be permitted
through the granting of a Use Permit. The General Plan Land
Use Pattern Allocation Guide (LUPAG) Map designates the
subject area for Extensive Agriculture and Orchards. The
subject request will provide a form of perpetual open space
which will maintain the current open and forested character
of the subject property and the surrounding area along with
its natural and scenic qualities. The proposed development
would be consistent with the policies of the Recreation and
Open Space elements of the General Plan which state that
MAR 1 1994
Mr. Sachi Noma
March 1, 1994
Page 2
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. To further ensure that these General Plan
elements are implemented further data recovery and
interpretive preservation will be required and provided for
by conditions of approval. The granting of this proposal
would complement the goals of the General Plan's
Recreational element which states to "Provide a diversity of
environments for active and passive pursuits" and to
"provide a wide variety of recreational opportunities....'
A condition of approval shall be an Impact Fee to implement
the Land Use element policy concerning meeting communities
needs. This provision would be consistent with the policy
of the Land Use element that states "The county shall
encourage the development and maintenance of communities
meeting the needs of its residents in balance with the
physical and social environment." This impact fee will
encompass a wide range of community needs in addition to the
recreational needs that this proposal will satisfy. Golf
courses are permitted uses within the State Land Use
Agricultural District provided that the affected lands are
not classified either A or B soils by the Land Study Bureau.
The Land Use Study Bureau's Overall Master Productivity
Rating for agricultural use of the subject area for the
proposed golf course is Class "C" or (Fair) and "E" (Very
Poor), therefore, a golf course is permissible in the this
area of the subject property. Golf courses are a permitted
use within the County's Agriculture zone district provided a
Use Permit is secured from the County Planning Commission.
The desired use will not be materially detrimental to
the public welfare nor cause substantial adverse impact to
the community's character or surrounding properties. The
character of the subject area of the property is pasture,
open space and forest. The subject property is currently
being used for cattle grazing, an orchid farm and equestrian
activities. The proposed golf course and related
improvements shall be part of an overall master agricultural
plan which will include support wastewater, drainage,
recreational activities. However, it is important to note
that a major portion of the master plan is devoted to Forest
and Agricultural uses. The creation of a perpetual open
space golf course use which will be designed with golf
course fairways and playing areas left in a relatively
natural condition to complement the forest surroundings. In
addition, the golf course will be designed in an 18 -hole
"core" configuration which is compatible with the forestry
Mr. Sachi Noma
March 1, 1994
Page 3
objectives of the Kealakekua Development project master plan
to have an environmentally and ecologically sensitive golf
course design. The golf course design will include the
retention of important archaeological sites, retention of
existing rock walls where possible, integrating drainage
management with the golf course and utilize an integrated
pest management approach for course maintenance. Water usage
for the course will be developed from existing ground water
resources. The impacts to the proposed agricultural
resources of the area are negligible. This finding is
consistent with the Land Study Bureau's classification and
the ALISH system map for soils in the area. The proposed
golf course will also be consistent with the requirements of
Chapter 205, Hawaii Land Use Commission rules and County of
Hawaii zoning requirements. The proposed golf course and
related improvements shall continue to promote as its
primary goal, an Agricultural base in conjunction with the
recreational aspect of the golf course with the proposed
agricultural master plan.
The granting of the proposed use will not adversely
affect similar or related existing uses within the
surrounding area, community or region. The proposed golf
course "core" configuration design will be compatible with
the proposed overall agricultural master plan and as such
will not adversely affect the surrounding properties.
The desired use will not unreasonably burden public
agencies to provide roads and streets, sewers, water,
drainage, school improvements, police and fire protection,
and other related infrastructure. Water is and/or will be
made available to the subject property for the proposed golf
course. The primary access to the project site shall be via
Koa Road which will be fully improved in accordance with the
requirements of the Department of Public Works and the
Department of Transportation, Highways Division. Wastewater
will be disposed of in a manner meeting with the new
wastewater treatment facility which will have the approval
of the Department of Health. All other utilities or
facilities are or will be made available to support the
proposed use.
Approval of this request is subject to the following conditions:
1. The applicant, successors or assigns shall comply with
all of the stated conditions of approval.
s i.
Mr. Sachi Noma
March 1, 1994
Page 4
2. The applicant shall indemnify and hold the County of
Hawaii harmless from and against any loss, liability,
claim or demand for the property damage, personal
injury or death arising out of any act or omission of
the applicant, its successors or assigns, officers,
employees, contractors and agents under this permit or
relating to or connected with the approval of this
permit.
3. The Applicant shall provide assurance(s) satisfactory
to the Planning Director, upon consultation with the
Department of Land and Natural Resources -Commission on
Water Resource Management and the Department of Health,
that a water source(s) of sufficient quality and
quantity to support the total irrigation needs of the
golf course be established prior to the issuance of a
certificate of occupancy or opening of the golf course,
whichever occurs first.
4. Final Plan Approval for the proposed golf course and
related improvements shall be secured from the Planning
Director. In the design and review of any
improvements, noise and visual impacts shall be
minimized through appropriate siting, height, bulk,
color schemes, and landscaping. The Planning Director
shall determine the related improvements and accessory
uses to the golf course not inconsistent with the
applicable provisions of the Zoning Code at the time of
plan approval review.
5. Construction of the golf course and related
improvements shall be completed within five (5) years
from the date of receipt of Final Plan Approval.
6. A detailed drainage study shall be prepared by the
applicant for review and approval by the Department of
Public Works prior to submittal of plans for Plan
Approval review of the golf course. The Study shall
take into consideration the tile drainage system,
retention basins and "Reduced Turf" design to be
incorporated within the golf course. A drainage system
shall be installed meeting with the approval of the
Department of Public Works, prior to issuance of a
certificate of occupancy or golf course opening,
whichever occurs first.
7. In the design of the golf course, the County of Hawaii
Planning Department's Guidelines for Golf Course Design
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Mr. Sachi Noma
March 1, 1994
Page 5
(November 1989, as amended) shall be utilized. The
Planning Director 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, except
as may be approved by the Planning Director.
S. The new Koa Road improvements shall be constructed to
County dedicable standards, meeting with the approval
of the County Department of Public Works. These road
improvements shall be installed prior to issuance of a
certificate of occupancy or golf course opening,
whichever occurs first. The Koa Road shall allow for
perpetual public use by easement or be dedicated to the
county. No golf cart path shall be permitted to cross
over Koa Road, except as may be approved by the
Planning Director and Chief Engineer. Furthermore,
direct access from future residential lots adjoining
this alignment will not be permitted.
Intersection improvements at the Mamalahoa Highway-Koa
Road intersection, including traffic signals and
channelization, shall be installed in a manner meeting
with the approval of the State Department of
Transportation and the County Department of Public
Works, prior to issuance of a certificate of occupancy
or golf course opening, whichever occurs first.
10. An archaeological mitigation and interpretation plan
shall be prepared and submitted for approval by the
Planning Director, in consultation with the Department
of Land and Natural Resources -Historic Preservation
Division and Hawaiian community organizations, prior to
submitting plans for plan approval review. The Plan
shall consist of three subplans; (1) an archaeological
data recovery plan for the sites to undergo data
recovery, (2) a detailed interim
protection/preservation plan for the sites to undergo
preservation, and (3) an interpretation plan which
shall include buffer zones, signage, and long-range
preservation concerns which may be submitted at a later
date. Approved mitigation measures shall be
implemented prior to or in conjunction with any land
alteration activity within the project area. The Plan
shall also include a detailed map of known lava
tube/cave systems located within the project site and
Mr. Sachi Noma
March 1, 1994
Page 6
mitigative measures to ensure that the golf course and
related drainage systems do not impact these cave
systems.
11. Should any unanticipated archaeological sites or
features be uncovered during land preparation
activities, work within the affected area shall
immediately cease and the Planning Director immediately
notified. Work within the affected area shall not
resume until clearance is obtained from the Planning
Director.
12. The use of pesticides and herbicides in conjunction
with all phases of operation shall conform with the
applicable regulations of appropriate governmental
agencies.
13. Prior to the commencement of construction, any portion
of the proposed golf course development are overall
monitoring plan on the potential pollution of
groundwater shall be submitted to the Planning Director
for approval in consultation with the State Department
of Health.
14. During construction, measures shall be taken to
minimize the potential of both fugitive dust and runoff
sedimentation. Such measures shall be in compliance
with construction industry standards and practices
utilized during construction projects of the State of
Hawaii.
15. 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.
16. A program for public play at the proposed golf course
shall be developed meeting with the approval of the
Planning Director, prior to the issuance of a
certificate of occupancy or the opening of the golf
course, whichever occurs first. The Program shall
include, but not be limited to, the provision of public
play, at kama'aina rates, at least one (1) day per
month.
17. The Applicant shall establish a program for employee
housing and which shall be submitted for the review and
Mr. Sachi Noma
March 1, 1994
Page 7
approval of the Planning Director and Housing Agency
together with the submittal of plans for plan approval
of the golf course and clubhouse. The program shall
include provisions for on-site or off-site housing for
the employees at a ratio to be determined by a study of
surrounding housing opportunities and employee needs.
The ratio shall be no less than 10% and no more than
50% of the number of employees. The program may also
include consideration for other alternatives such as
rental housing subsidies or housing allowances. The
approval of the program shall be secured prior to the
issuance of a certificate of occupancy with the golf
course.
18. A job training program for the operating phase of the
golf course and golf clubhouse shall be developed and
submitted to the Planning Director for review and
approval prior to the issuance of a certificate of
occupancy or opening of the golf course, whichever
occurs first.
19. Comply with all other applicable laws, rules,
regulations and requirements, including those of the
Departments of Health and Public Works.
20. An annual progress report shall be submitted to the
Planning Director prior to each anniversary date of the
permit. 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.
21. An initial extension of time for the performance of
conditions within the 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 applicant, successors or assigns, and that are
not the result of their fault or negligence; b) the
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; and d) the time
extension granted shall be for a period not to exceed
the period originally granted for performance (i.e., a
Mr. Sachi Noma
March 1, 1994
Page 8
condition to be performed within one year may be
extended for up to one additional year). Further,
should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate procedures to revoke the
permit.
This approval does not, however, sanction the specific plans
submitted with the application as they may be subject to change
given specific code and regulatory requirements of the affected
agencies.
For your information, the Planning Commission denied the requests
for a contested case hearing by John Olson and Lunakanawai
Hauanio.
Should you have any questions, please feel free to contact Rodney
Nakano of the Planning Department at 961-8288.
Sincerely,
�
Donald L. Manalili, Chairman
Planning Commission
RKN:smn
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Department of Public Works
Department of Water Supply
County Real Property Tax Division - Kona
West Hawaii Office
Plan Approval Section
Department of Land and Natural
Water Resource Management
Department of Land and Natural
Preservation Division
Resources, Commission on
Resources, Historic
State Department of Health
State Department of Transportation
County Housing Agency