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County Communication No U

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County Communication No U ALAN M ARAKAWA Mayor WILLiAM R, SPENCE Drector MICHELE CHOUTEAU McLEAN Deputy Director COUNTY OF MAUI DEPARTMENT OF PLAN MNG October24, 2016 Honorable Alan M. Arakawa Mayor, County of Maui 200 South High Street Wailuku, Hawaii 96793 U For Transmittal to Honorable Mike White, Chair and Members of the Planning Committee Maui County Council 200 South High Street Wailuku, Hawaii 96793 Date Dear Chair White and Members: SUBJECT: APPLICATION FOR A CONDITIONAL PERMIT AND A RECOMMENDATION OF APPROVAL OF A CONDITIONAL PERMIT FOR THE PROPOSED HELISTOP PAD AND RELATED IMPROVEMENTS AT MANELE, LANAI, HAWAII, AND RECOMMENDATION OF DENIAL OF A CONDITIONAL PERMIT FOR THE PROPOSED HELISTOP PAD AND RELATED IMPROVEMENTS AT KOELE, LANAI, HAWAII; TMK: (2) 4-9-002:001 (POR.); (CP 2015/0010) (SUP2 2015/0014) The Department of Planning (Department) is transmitting for your review and action the Conditional Permit (CP) application to allow the development of two private helistop pads (one at Manele, Lanai and one at Koele, Lanai) filed by Lanai Resorts, LLC, dba Pulama Lanai. A summary of the application is as follows: APPLICATION SUMMARY Application - CP The CP application is for the development of two private helistop pads - one to be located at Manele, Lanai, and one to be located at Koele, Lanai COUNTY COMMUNICATION NO Honorable Alan M. Arakawa, Mayor For Transmittal to: Honorable Mike White, Chair October 24, 2016 Page 2 APPLICATION SUMMARY Applicant Lanai Resorts, LLC, dba Pulama Lanai Owner Lanai Resorts, LLC, dba Pulama Lanai Tax Map Key (2) 4-9-002:001 (POR) Address Manele, Lanai (At location of containerized ornamental plant nursery in vicinity of Manele) Koele, Lanai (On vacant agricultural land adjacent to existing tennis complex at Lodge at Koele) Area Manele Site — 0.9 acres and Koele Site — 1.6 acres Land Use State Land Use District: Agricultural (Manele Helistop) Designations Rural (Koele Helistop) Lanai Community Plan: Agriculture Title 19, Zoning: Agricultural NOT in the Special Management Area (SMA) Brief Description The Applicant is requesting the development of two private helistop pads - one to be located at Manele, Lanai, and one to be located at Koele, Lanai Public Hearing Held by Lanai Planning Commission (Commission) on April 20, 2016, in Lanai City, Lanai, Hawaii. Testimony Verbal and written testimony were given on this application. Testimony was in general favorable towards the development of the Manele Helistop. Testimony was against the development of the Koele Helistop. Recommendation The Commission decided to vote separately on the Manele and Koele Helistop locations. Manele Helistop — The Commission recommended approval with conditions of the Conditional Permit at the Manele Helistop location by a vote of six (6) ayes with two (2) Commissioners excused and one (1) Commissioner absent. Koele Helistop — The Commission recommended denial of the Conditional Permit at the Koele Helistop location by a vote of six (6) ayes with two (2) Commissioners excused and one (1) Commissioner absent. The Commission reviewed the request on April 20, 2016, for a Conditional Permit to construct two Helistops Pads and related improvements at Manele and Koele. After due deliberation and receipt of testimony, the Commission determined that although the Manele and Koele Helistops were included in one CP application, it would separate the two Helistop pad actions and take action on each location separately. MANELE HELISTOP. The Commission recommended approval of the Conditional Permit to the Maui County Council (MCC) for the Manele Helistop and related improvements. The conditions of approval as define~i in the proposed Ordinance are: Honorable Alan M. Arakawa, Mayor For Transmittal to: Honorable Mike White, Chair October24, 2016 Page 3 1. That full compliance with all applicable governmental requirements shall be rendered in a timely manner. 2. That the Conditional Permit shall be valid for a period of five (5) years from the effective date of this ordinance, provided that an extension of this Conditional Permit beyond this five (5) year period may be granted pursuant to Section 19.40.090, MCC. 3. That the Conditional Permit shall be nontransferable unless the MCC approves a transfer by Ordinance. 4. That Lanai Resorts, LLC, dba Pulama Lanai, shall exercise reasonable due care as to third parties with respect to all areas affected by this subject Conditional Permit and shall procure at its own cost and expense, and shall maintain during the entire period of this Conditional Permit, a policy or policies of comprehensive liability insurance in the minimum amount of $1,000,000.00 naming the County of Maui as an additional insured, insuring and defending Lanai Resorts, LLC, dba Pulama Lanai, and the County of Maui against any and all claims or demands for property damage, personal injury and/or death arising out of this Conditional Permit, including, but not limited to: (1) claims from any accident in connection with the permitted use, or occasioned by any act or nuisance made or suffered in connection with the permitted use in the exercise by Lanai Resorts, LLC, dba Pulama Lanai, of said rights; and (2) all actions, suits, damages and claims by whomsoever brought or made by reason of the nonobservance or nonperformance of any of the terms and conditions of this Conditional Permit. A copy of the certificate of insurance naming the County of Maui as an additional insured shall be submitted to the Department within ninety (90) calendar days from the effective date of this ordinance. The proof of insurance and all subsequent certifications of insurance coverage shall be submitted directly by the insurance carrier to the Department and shall include the applicable Tax Map Key and permit numbers. 5. That Lanai Resorts, LLC, dba Pulama Lanai, shall develop the property in substantial compliance with the representations made to the MCC in obtaining the Conditional Permit. Failure to develop the property may result in the revocation of the Conditional Permit pursuant to Section 19.40.080, MCC. 6. That full compliance with the conditions of the State Land Use Commission Special Permit (SUP2 201 5/0014) shall be observed. Honorable Alan M. Arakawa, Mayor For Transmittal to: Honorable Mike White, Chair October 24, 2016 Page 4 7. That Lanai Resorts, LLC, dba Pulama Lanai, shall comply with Federal Aviation Administration requirements for the helistop. 8. That helicopter flights shall not operate from 7:00 pm to 7:00 a.m. 9. That Lanai Resorts, LLC, dba Pulama Lanai, shall provide a monthly report to the Hulopoe Beach Park Council regarding the number of helicopter flights that occurred and the number and nature of any complaints made concerning those flights for the previous month. KOELE HELISTOP. The Commission recommended denial of the Conditional Permit to the MCC for the Koele Helistop and related improvements. As Council approval is required for the Conditional Permit, the Department respecifully transmits the subject application to the Council for consideration. Accordingly, attached for your review are the following documents: 1. Proposed bill entitled, “A BILL FOR AN ORDINANCE GRANTING LANAI RESORTS, LLC, DBA AS PULAMA LANAI, A CONDITIONAL PERMIT TO DEVELOP A HELISTOP PAD AND RELATED IMPROVEMENTS WITHIN THE COUNTY AGRICULTURAL DISTRICT, FOR PROPERTY IDENTIFIED AS A PORTION OF TAX MAP KEY NUMBER (2) 4-9-002:001, MANELE, LANAI, HAWAII”; 2. Letter from William Spence Planning Director, to Ms. Karlynn Fukuda, dated June 20, 2016, with Commission’s recommendation for Council approval of the Conditional Permit for the Manele helistop and Commission’s approval of the State Land Use Commission Special Permit for Manele helistop, and Commission’s recommendation for Council denial of the Conditional Permit for the Koele helistop and Commission’s denial of the State Land Use Commission Special Permit for the Koele helistop. 3. Department’s Recommendation to the Commission, dated April 20, 2016; 4. Department’s Staff Report to the Commission, dated April 20, 2016; 5. Power point presentation to the Commission dated April 20, 2016; 6. Adopted Minutes of the April 20, 2016 Commission meeting; and 7. Conditional Permit Application dated December 10, 2015. Honorable Alan M. Arakawa, Mayor For Transmittal to: Honorable Mike White, Chair October 24, 2016 Page 5 Should you have any questions, please feel free to transmit them to the Department of Planning via transmittal through the Office of the Mayor. Sincerely, WILLIAM SPENCE Planning Director Attachments xc: Clayton I. Yoshida, AICP, Planning Program Administrator (PDF) Kurt F. Wollenhaupt, Staff Planner (PDF) Lanai Planning Commission (PDF) Bryan Esmeralda, Munekiyo Hiraga (PDF) Karlynn Fukuda, Munekiyo Hiraga (PDF) Lynn McCrory, SVP, Pulama Lanai (PDF) WRS: KFW:ela Project File General File K:\WPDOCS\PLANN ING\CP\201 5\OO1 O_LanaiHelistopPads\CouncilTransmittal Helistops.doc ORDINANCE NO. ________ BILL NO. ______ (2016) A BILL FOR AN ORDINANCE GRANTING LANAI RESORTS, LLC, DBA PULAMA LANAI, A CONDITIONAL PERMIT TO DEVELOP A HELISTOP PAD AND RELATED IMPROVEMENTS WITHIN THE COUNTY AGRICULTURAL DISTRICT, FOR PROPERTY IDENTIFIED AS A PORTION OF TAX MAP KEY NUMBER (2) 4-9-002:00 1, MANELE, LANAI, HAWAII BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI: SECTION 1. Pursuant to Chapter 19.40, Maui County Code, and subject to the conditions imposed in Section 2 of this ordinance, a Conditional Permit is hereby granted to Lanai Resorts, LLC, dba Pulama Lanai, to develop a helistop pad and related improvements within the County Agricultural District. The site is identified for real property tax purposes as a portion of tax map key number (2) 4-9-002:001, comprising approximately 0.9 acres of land situated at Manele, Lanai, Hawaii. SECTION 2. The granting of this Conditional Permit is subject to the following conditions: 1. That full compliance with all applicable governmental requirements shall be rendered in a timely manner. 2. That the Conditional Permit shall be valid for a period of five years from the effective date of this ordinance; provided, that an extension of this Conditional Permit beyond this five-year period may be granted pursuant to Section 19.40.090, Maui County Code.
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