HomeMy WebLinkAbout95_002Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
P 021 737 130
May 23, 1995
Mr. Charles Kohn
P.O. Box 1283
Kailua-Kona, HI
Dear Mr. Kohn:
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961.8288 Fax (808) 961-9615
96740-1283
Use Permit Application No. 95-2
Applicant: Charles Kohn
Request: Development of Water Park
Tax Map Key: 7-5-9:48
The Planning Commission at duly held public hearings on March 30,
1995 and May 11, 1995, voted to approve the above -referenced
application. Use Permit No. 137 is hereby issued to allow the
establishment of a water park and related improvements on
approximately 4.11 acres of land zoned Resort -Hotel (V-1.25) by the
Hawaii County Code located on the east (mauka) side of Kuakini
Highway across from the County's Kailua Playground, Hienaloli 6th,
North 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 a Major Recreational Use and related facilities within the
County's General Resort Zone 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
Medium Density uses. ,The subject request will provide a form of
recreational activiti;'Ls which is not presently available in the
West Hawaii district. The proposed development would be
consistent with the policies of the Recreation, Historical and
Open Space Elements of the General Plan which state that
recreational facilities in the County shall reflect the natural,
ti.
NAY 2 3 1995
Mr. Charles Kohn
Page 2
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, the recommendations of the Archaeological
Mitigation Program prepared by Paul Rosendahl will be required
and provided for in a condition 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...."
To mitigate concerns expressed by neighboring residents,
conditions have been imposed prohibiting alcohol and nightclub
activities, limiting the water park's hours of operation between
8:00 a.m. to 7:00 p.m. and requiring landscaping to be
consistent with those listed in the Kailua Village Design Plan
landscape list.
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 urban. The subject
property is currently being used for a car dealership.
Surrounding properties are zoned Resort -Hotel and are within the
Kailua Village Special Design District, a recognized resort
destination area. The proposed water park and related
improvements will provide a 130 -car parking area and trained
safety personnel for all aspects of the development. Water
usage for the course is available and will be provided from the
existing waterline from Kuakini Highway. The provisions for
pedestrian access will also be provided from the Hualalai Road
portion of the development, as the applicant shall be required
to provide curb, gutter and sidewalk improvements along the
entire frontage of Hualalai Road. Minimal improvements to
Kuakini Highway are warranted. Therefore, it is determined that
the impacts to the surrounding area will not be substantial nor
negatively impact upGn''existing infrastructural systems.
Requiring traffic signals at the Hawaii Belt Road-Kuakini
Highway intersection approximately three miles away as
recommended by the State Department of Transportation does not
have a rational linkage to the project and the recommended
traffic improvements.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community or region. The proposed water park will be designed
and be compatible with the proposed overall character and
development of the area. This location of the subject
development is along a major roadway corridor, amongst a highly
dense residential area and in close proximity to all of the
Mr. Charles Kohn
Page 3
existing resort developments. The proposed water park will also
fill a recreational void(that exists)as well as provide a place
for the children of the community and visitors to enjoy as they
experience our island community. As such, the addition of a
recreational activity situated at the subject property will not
adversely affect similar or related existing uses within the
surrounding area, community or region.
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. Primary access to the project site
shall be via Kuakini Highway which will be improved in
accordance with the requirements of the Department of Public
Works. Wastewater will be disposed of via the Kailua Wastewater
Treatment plant. 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, its successor or assigns shall be
responsible for complying with all stated conditions of
approval.
2. The applicant, its successors or assigns shall indemnify
and hold the County of Hawaii harmless from and against any
loss, liability, claim or demand for the property damage,
personal injury and 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 granting of
this permit.
3. No alcohol or nightclub activities shall be allowed in the
water park for the life of this Use Permit.
4. The hour4 of operation of the water park open to the public
shall be between 8:00 a.m. to 7:00 p.m.
S. All landscaping to be planted in the water park shall be
planting material as listed in the 1976 Kailua Village
Design Plan Landscaping List.
6. Final Plan Approval shall be secured from the Planning
Department. To assure adequate time for Plan Approval
review and in accordance with Chapter 25-244 (Zoning Code),
plans must be submitted a minimum of 45 days prior to the
date by which Final Plan Approval must be secured. The
plans to be submitted for the proposed water park and
Mr. Charles Kohn
Page 4
related improvements shall be as presented in the
applicant's Use Permit application. Should any additional
related improvement uses be proposed, the Planning
Department shall determine whether or not these uses would
be consistent with the Zoning Code requirements. The plans
to be submitted for Plan Approval review shall be drawn to
scale and consist of the following:
A. Preliminary topographic and grading plans showing all
proposed infrastructural improvements related to the
water park, including the necessary requirements
related to the archaeological mitigation program.
B. A detailed site plan drawn to scale showing all
proposed structures and ride systems, including
off-street parking and landscaping.
C. Scaled architectural drawings of all proposed
structures, including floor plans and elevations.
D. The off-street parking requirements shall be evaluated
with respect to the following criteria:
i) One (1) off-street parking stall per 200 square
feet of gross floor area for all retail
buildings, restaurants, including outdoor areas
and kiosks.
ii) Ride and water features capacity or volume and
any other methods which the Building Code
utilizes in determining capacities.
iii) A detailed landscaping plan showing all existing
and proposed tree, shrubbery and ground cover
plantings. A detailed schedule showing the plant
types, heights, canopies, sizes, calipers, etc.
shall also be required to be submitted for Plan
Approval review.
7. The design of the water slides shall be such that all
structural elements shall be concealed in conjunction with
building materials and/or landscaping methods.
8. In the design of the water park, the design of the proposed
heights of the slides shall not exceed the Height
Limitations as allowed by the Zoning Code. The Planning
Department shall determine appropriate setback requirements
(i.e. building and property line) at the time of plan
approval review.
Mr. Charles Kohn
Page 5
9. Construction of the project and related improvements shall
be completed within three (3) years after the effective
date of this permit.
10. Curb, gutter and sidewalk improvements shall be constructed
along the property's frontage on Hualalai Road meeting with
the approval of the Department of Public Works prior to
issuance of an occupancy permit for the project. Such
construction may include pavement transitions, striping,
drainage improvements and relocation of utilities as
required by the Department of Public Works.
11. Improvements to Kuakini Highway, such as restriping, shall
meet with the approval of the Department of Public Works
prior to issuance of an occupancy permit for the project.
12. A phased archaeological mitigation program shall be
approved by the Planning Department, in consultation with
the State Department of Land and Natural Resources, prior
to submitting plans for plan approval review. The applicant
shall obtain written verification from the Department of
Land and Natural Resources -Historic Preservation Division
that applicable portions of the approved plan have been
properly executed prior to securing approval for any land
alteration activities in the area of historic sites.
Proposed mitigation treatment (preservation in place or
disinterment/reinterment) for burial sites shall be
approved by the Historic Preservation Division's Hawaii
Island Burial Council before detailed plans are finalized.
Appropriate phases and its recommendations shall be
implemented and completed prior to approval for any land
alteration permits, if applicable.
13. 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.
14. An 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;
Mr. Charles Kohn
Page 6
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; and
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).
15. Should any of the conditions not be met or substantially
complied with in a timely fashion, the Planning 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.
Should you have any questions, please feel free to contact Connie
Kiriu of the Planning Department at 961-8288.
Sincerely,
Wilton K. Wong, Chairman
Planning Commission
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LXohn0l.PC
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
Ms. Cynthia Supnet
Department of Land and Natural Resources
Department of Liquor Control
Kona Alii Condo Association