HomeMy WebLinkAboutCOM 0230.000 2000-2002
Harry Kim
J~s'~~os Nom' Dixie Kaetsu
Mayor ~ ~~~4d Managing Director
' " - ~
~ Peter T. Young
rf oi~eeata Deputy Managing Director
i
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
May 23, 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 01-003)
Request: Agricultural to Urban
Change of Zone Application (REZ 01-005)
Request: Agricultural (A-Sa) to General Commercial (CG-20)
Applicant: EHP Corporation
Tax Map Key: 7-5-3:19
? Change of
Zone CDrdnance l~io. 00-105 Which Amended Ordinances 99-79
and- 94-78 (REZ 767)
Request;: Arizel~dment to Condition C (Secure Final Subdivision Approval)
Applicant: Big Island country Club- & Estates
'I~ax Mars Kev. 7~~~5:9~ 10 2.26, 28, 34.39-41, 58 & 59
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sincerely,
k~.y.~
Harry Kim
Mayor
i.oso4oi
Enclosures
cc: Planning Department ~ 3
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Ref. To: ~
.ref. rAY 2 3 20
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Harry Kim ~R• ~ ~I
Mayor ~
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~•OF •NPiI
~®1Jil~t~ ~f ~Ta~r~,ii
PLANNING COA~SSION
25 Aupuni Street, Room I09 • Hilo, Hawaii 96720-4252
(808)961-8288 Fax (808)961-8742
aa;~'( ~ ~'ial't
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 00-105 Which Amended Ordinances 99-79
and 94-78 (REZ 767)
Request: Amendment to Condition C (Secure Final Subdivision Approval)
Applicant: Big Island Country Club & Estates
Tax Man Kev• 7-1-5.9¢10, 22326 283343.9-4158 & 59
The Planning Commission, after a duly held public hearing on May 4, 2001, voted to recommend
for your approval the proposed legislative bill to amend Condition M and M(2) (commence and
complete construction of community park, recreational center and fire station facilities) of
Change of Zone Ordinance No. 00-105 which amended Ordinance Nos. 99-79 and 94-78, which
changed the district classification of approximately 425.69 acres of land from Unplanned (U) to
Agricultural (A-la). The property is located on the northwest (makai) side of Mamalahoa
Highway opposite the Puu Lani Ranch Subdivision at Pu`uanahulu Homesteads, North Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance No. 00-105, which amended Ordinance Nos. 99-79 and 94-78 (REZ 767) is to
ensure that the applicant is not in violation of the time conditions. The inability of the
applicant to comply with the requirements of Condition M and M(2) of Change of Zone
Ordinance No. 00-105 which amended Ordinance Nos. 99-79 and 94-78 (REZ 767) is the
result of conditions which could not have been foreseen or are beyond the control of the
applicant. The applicant completed construction plans for the community center, secured
plan approval and submitted a building permit application for the recreational center last
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
year. Willocks Construction Corporation was selected through a bidding process to
construct the recreational center and complete the site work for the park. Shinsato
Engineering, Inc. has been retained to provide a soils report and supervise the required
grading of the park and pads for the structures to assure conformity to applicable
regulations and standards. Grading plans for the park and recreational center have been
prepared and a grading permit was issued on November 21, 2000. The firm of George M.
Oye, Inc. was selected to implement the grading permit and work started on December 1,
2000. The architect is presently working on the construction plans for the volunteer fire
station. The applicant has shared the general floor plan and site plan with the Puuanahulu
Community Association, which has found it to be generally acceptable. The Puuanahulu
Community Association must still coordinate its efforts with the County Fire Department
regarding training and other requirements to establish a volunteer fire station. At present,
it is not known how long this will take. Relative to Condition M and M(2) of Ordinance
No. 00-105, the applicant anticipates that an additional nine (9) months are necessary for
completion of the community center and park, an additional six (6) months are necessary
to commence construction of the volunteer fire station, and an additional seven (7)
months necessary for completion of the volunteer fire station. Accordingly, the applicant
states that construction of the community center will be completed no later than
November 30, 2001; and construction of the volunteer fire station will begin no later than
September 1, 2001 and completed no later than February 1, 2002. The applicant has also
requested a provision whereby the Planning Director could grant an additional maximum
six (6) month time extension provided that an agreement and appropriate surety are
executed to assure the completion of the required improvements within the period
requested. This provision would provide assurance to a prospective investor and/or buyer
should delays occur which prevent the applicant from completing the required
improvements by the dates specified in the development entitlements.
In support of the request, the applicant states "The applicant believed that the park
could be completed by March 1, 2001 when the third amendment was granted in July
2000. At that time, preliminary architectural plans were already done, and it was felt that
the plans could be easily finalized and the required permits secured before November.
Unfortunately, many unanticipated issues cropped up. Among others, these included the
need for a more detailed survey, preparation of a grading plan, and resolution of basic
infrastructure (such as the access approval, wastewater system, and the potable water
system). The time needed to coordinate this permitting phase of the project was
unanticipated. Adding to this delay was the unanticipated time required to find a person
to assist with the coordination and management of the bidding process; and finally, with
certain aspects of the construction phase."
Approval of this amendment request would not be contrary to the General Plan
nor would it be contrary to the original reasons for granting the change of zone. The
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
General Plan designation for the area has remained as "Intensive Agricultural" and
"Extensive Agricultural." The applicant has continually worked to secure the necessary
approvals from the various departments for the required improvements within and beyond
the boundaries of the project site. Over the years, the applicant has shown perseverance
in managing the many requirements which they have had to deal with. The applicant
secured Final Subdivision Approval on January 18, 2000 for the Pu`uanahulu community
park site. Subsequently on April 20, 2000, the applicant conveyed the Warranty Deed for
said park site to the Pu`uanahulu Community Association, as required by condition of
approval. The applicant has either complied with, or initiated the process of compliance
with other conditions of approval within the subject ordinance. Further, it should be
pointed out that the applicant has also extended its commitment to the community by
involving the residents in the area with job opportunities and training at the project site.
Therefore, a favorable recommendation of the request to amend the completion of
the community park, recreation center, and the volunteer fire station will be consistent
with the original reasons for the granting of the change of zone.
For your favorable consideration, an amendment to Condition M and M(2) of Ordinance
No. 00-105, which amended Ordinance Nos. 99-79 and 94-78 is transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely, r
'I f
Geraldine M. Giffin, Chairman
Planning Commission
Lbiccerez76702PC
Enclosures
cc: Mr. Sidney Fuke
Department of Public Works
Department of Water Supply
West Hawaii Off ce
Department of Land & Natural Resources
Brian Minaai, Director/DOT-Highways, Honolulu
BBigisOlplh/agk-OS/Ol /01
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
BIG ISLAND COUNTRY CLUB AND ESTATES
AMENDMENT TO CONDITION M M(2)
CHANGE OF ZONE ORDINANCE NO. 00-105, WHICIi AMENDED ORDINANCE
NOS. 99-79 AND 94-78
Big Island Country Club and Estates has submitted a request for amendment to
Condition M and M(2) (commence and complete construction of community park, recreational
center and fire station facilities) of Change of Zone Ordinance No. 00-105, which amended
Ordinance Nos. 99-79 and 94-78 (REZ 767) which changed the district classification of
approximately 425.69± acres of land from Unplanned (U) to Agricultural (A-la). The
property is located on the northwest (makai) side of Mamalahoa Highway opposite the Puu
Lani Ranch Subdivision at Pu`uanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-5:9,
10, 22, 26, 28-34, 39-41, 58 & 59.
GE~lERAL INFORMATION
1. Land Ownership: Lands within the project site are owned by Big Island Country Club
and Estates (BICCE). Intrawest Corporation, a developer and operator of village-
centered resorts across North America, is a party to anon-binding letter of intent with
the current owners of the property. The letter of intent contemplates a transaction
whereby Intrawest would acquire Big Island Country Club Estates Limited Partnership
and thus acquire ownership of the golf course and undeveloped lands.
(See Exhibit A m Letter from Intrawest Corporation dated Apri125, 2001)
RELEVANT BACKGROUND INFORMATION
2. July 6, 1994: Effective date of Ordinance No. 94-78, which rezoned approximately
425.69± acres of land from Unplanned to Agricultural - 1 acre with 24 conditions of
approval. However, the effective date of rezoning for the subject parcels is on
July 3, 1996, which is when the applicant met compliance with Condition B regarding
the establishment of a water source.
3. July 3, 1996: Tentative Subdivision Approval issued for revised Subdivision
Application No. 90-189 fora 121-lot subdivision. The pending subdivision does not
exceed the 106 agricultural lots as limited by Condition C of Change of Zone
Ordinance No. 94-78. The additional 15 lots are for the golf course and its related
improvements, archaeological, utility, road and other related infrastructural lots.
Based on the effective date of the rezoning, which is July 3, 1996, and in accordance
with Condition C of Ordinance No. 94-78, Final Subdivision Approval shall be secured
by July 3, 2001.
4. December 9, 1997: Planning Director grants administrative extension of time until
December 31, 1998 pursuant to the Community Benefit/Impact Fee requirements
Agreement, to complete full construction of the proposed facilities as required by
Special Permit No. 863, Use Permit No. 74 and Condition M of Change of Zone
Ordinance No. 94-78. A condition of this agreement permitted the partial opening of
the golf course on January 1, 1998.
5. June 25, 1998: Effective date of Agreement executed between the applicant and the
Planning Director for the interim opening of the golf course and the deferral of
pertinent conditions of Change of Zone Ordinance No. 94-78, Use Permit No. 74 and
Special Permit No. 863 subject to terms outlined in Agreement as follows:
a. $1 million would be satisfied through the provision of the community park and
improvements thereon before December 31, 1998. The estimated cost
breakdown of this contribution was established at:
1) 5 acres of land (5 x $125,000/acre $ 625,000
2) Site Work $ 100,000
3) Community Facility (includes fire house) $ 250,000
4) Roadway Improvements $ 200,000
5) Water and Electrical System $ 50.000
Total $ 1,225,000
b. The remaining $2 million would be paid out of escrow to the County of Hawaii
in conjunction with the sale of each lot. Based on 1001ots, this would be
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approximately $20,000 per lot. In either case, all of the required sum would be
due and payable before December 31, 2001 or approximately a maximum of
five (5) year period.
Based on this Agreement, the golf course was allowed an interim opening on
January 1, 1998.
6. November 23, 1998: Applicant's letter submitting a revised park plan and request to
amend Condition No. 4 of Use Permit No. 74, which would increase the park area
from 4.4 acres to approximately 10 acres for a passive and active recreational area.
7. June 23, 1999: Ordinance No. 99-79 was approved by the County Council, which
amended Condition M (complete construction of proposed facilities). This required the
applicant to subdivide and convey approximately 10 acres to the Pu`uanahulu
Community Association or designee within six months from the effective date of the
ordinance or by December 23, 1999.
8. January 6,.2000: Planning Director grants administrative extension until June 23,
2000, to complete final subdivision approval and to convey, record and title search the
property.
9. January 18, 2000: Final Subdivision Approval granted for the Pu`uanahulu
Community Park site.
10. Apri120, 2000: Warranty Deed dated February 20, 2000, conveys the 10-acre park
site to the Pu`uanahulu Community Association.
11. July, 2000: Building Permit Application submitted by the Pu'uanahulu Community
Association for the construction of the community recreational center consisting of a
meeting area, conference/meeting room, kitchen, two restrooms and a storage area.
All applicable agencies have signed the application and the permit will be issued once
the contractor pays the permit fee and the agencies re-date the plans and application.
12. August 7, 2000: Final Plan Approval issued by the Planning Director for the
Pu'uanahulu Community Association's community recreational center and volunteer
fire station. Planning Director staff granted approval of the pending building permit
application the same day.
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13. September lg, 2000: Ordinance No. 00-105 was approved by the County Council,
which aanended Condition M and M(2) (commence and complete construction of
propased facilities).
14. Apri132, 2004: date of Letter from the Planning f7reetor to the applicant. responding
to the applicant's request for an amendment to Condition C of Ordinance No. 00-105
as detailed in its letter of January 12, 2001. Condition C requires that final subdivision
approval be secured within five (5) years of the effective date of the ordinance or by
July 3, 2001. Based on information provided by the applicant, the Planning Director
determined that non-performance is the result of conditions that could not have been
foreseen and is not the result of fault or negligence. Therefore, the Planning Director
granted a five (5) year extension of time until July 3, 2001 to comply with
Condition C.
15. Condition M of Change of Zone Ordinance No. 00-105 state the following:
"To ensure the Goals and Policies of the Recreation Element of the General Plan are
implemented, the applicant shall:
"(1) Subdivide and convey in fee, approximately 10+ acres of land within the
project site, to the Pu`uanahulu Community Association or its designee for
development as a community park, within six (6) months from the effective date
of this amendment. The applicant shall be responsible for payment of the
park's real property taxes and liability insurance for a two year period after its
conveyance to the Pu`uanahulu Community Association;
" (2) as represented by and committed to by the applicant, construction of the
community park and community recreational center shall commence no later
than December 1, 2000 and be completed no later than March 1, 2001, and the
construction of the volunteer fire station shall commence no later than March 1,
2001 and be completed no later than July 1, 2001; and
"(3) the applicant shall provide metered potable water service equal to three (3) units
of water, as units are defined by the County Department of Water Supply for
use at the community park. Upon the County's request, the applicant shall also
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provide a minimum of one (1) unit of water to its property line to accommodate
a ptr~lic rest stop:
"~11 necessary approvals t~ allow the construction of the. proposed facilities within the
project site shall:be..applied for and secured by the applicant with the commence
construction for the community park and community recreational :center -shall be no
later than December 1, 2000 and completion no later than March 1, 2001, and the
commence construction for the volunteer fire station be no later than March 1, 2001
and completion no later than July, 2001;"
APPLICANT'S 12EQUEST
16. Saabject Request: The applicant is requesting a time extension in which to complete
the community park and construction of the recreational center as well as commence
and complete construction of the volunteer fire station. In its letter of January 12,
2001, the applicant provided the following information:
"Because of reasons outlined below, the. applicant is requesting time extensions to a)
start and/or complete the park and volunteer fire station; and b} to secure final
subdivision approval.
"Relative to the community nark and volunteer fire station, the requested amendments
would be to a) Condition 4(b) of Use Permit No. 74; b) Condition 3 of Special Permit
No. 863; and c) Condition M of Ordinance No. 00 105. These amendments, if
approved, would result in a time extension
• to complete the community park and recreational center by July 31, 2001
(extension from March 1, 2001); and
• to start of construction of the volunteer fire station to July 31, 2001
(extension from March 1, 2001) and to complete by December 31, 2001
(extension from July 1, 2001) .
"Relative to completion of the subdivision, it is my understanding that the Director has
the authority to act on this extension request pursuant to Condition V. In that regard,
the applicant is requesting an additional five (5) years. Should this request not be
possible administratively, we request that Condition C of Ordinance No. 00 105 be
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amended by .allowing an additional five (5) years from the date of approval of the
arrie~drnent to secure ~ina1 subdivision approval.
°"relative to the c.__o~i1i ~_unit~~ark and-volunteer fire station, the applicant believed that
the park could be corripleted by March; 2001 when the>third amendment was granted
in July 2000. At that time, preliminary architectural plans were already done, and it
was felt that the plans could be easily finalized and the required permits secured before
November.
"Unfortunately, many unanticipated issues cropped up. Among others, these included
the need for a more detailed survey, preparation of a grading plan, and resolution of
basic infrastructure (such as the access approval, wastewater system, and the potable
water system). The time needed to coordinate this permitting phase of the project was
unanticipated.
"Adding to this delay was the unanticipated time required to find a person to assist with
the coordination and management of the bidding process; and finally, with certain
aspects of the construction phase.
"In that regard, we would like to articulate the more significant activities that have
occurred to date:
a. The 10-acre park site has been subdivided and conveyed to the PCA in
Apri12000;
b. Shinsato Engineering, Inc. has been retained to provide a soils report
and supervise the required grading/fill of the park and pads for the
structures to assure conformity to compaction and other standards;
c. Grading plans for the park and community center were prepared by
M&E Facific, Inc. and a permit was issued on November 21, 2000
(Grading Permit No. 004970).
d. The firm of George M. Oye, Inc. was selected to implement the grading
permit. Work started on December 1, 2000.
e. Construction plans for the community center have been completed by the
architectural firm of Yamasato, Fujiwara, Higa & Associates. The
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building permit will be picked up shortly by the contractor.
d. After:going through a bidding process, Willocks Construction
Cor~ofl-ation was selected to construct the community center and
com}iiete the site work for the community park. The.: contract-calls for a
180 day (or 6 month) completion period.
e. The architect is presently working on the construction plans for the
volunteer fire station. Its general floor plan and site plan have been
prepared and generally acceptable by the PCA. The PCA still has to
coordinate its efforts with the County Fire Department relative to
training and other requirements to establish a volunteer fire station.
This will take time.
As such, it may not be prudent to rush its completion of this facility at
this stage. Please note, however, that the site pad and access are
proposed to be done in conjunction with the recreation center. "
17. 1Vlarch 29, 2001 Letter: The applicant requested to further amend its request of
January 12, 2001. This letter states, in part, the following:
"Since the requests were made, there have been serious negotiations with a prospective
investor and/or buyer of the project. Although a contract for the construction of the
park and community center has been entered into, negotiations with the prospective
investor and/or buyer have unfortunately led to an unexpected delay in the applicant's
ability to complete the projects within the requested time frame. As such, the applicant
respectfully would like to amend its requests as follow:
Park and Community Center -completion by November 30, 2001
Volunteer Fire Station -start by September 1, 2001 and completion by
February 1,2001
"Prior to the Commission's hearing on this matter, we can produce the appropriate
contractor's agreement to assure construction of the community center and park and
other information relating to the status if the potential investor and/or buyer of the
project. "
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.Please note-.that the request for completion of the fire station should be February 1,
20tJ2, sat Felruary 1, 2004, as stated in the letter. If this request is approved, it would
grant a 9-month time extension: to complete the park and community recreation center,
a 6-month -time extension t~ cotnmenee<construction of the volunteer fire station, and a
7-month time extension to complete construction of the volunteer fire station.
18. April 25, 2001 Letter: In addition to the information provided above, the applicant
has submitted a further request for a provision that would allow a six month
administrative time extension for the construction of the community park, community
recreation center and volunteer fire station should the applicant be unable to complete
these facilities within the time extensions sought by the subject application. If
approved with the above-described requests, the inclusion of this provision within the
affected conditions could in effect grant a 15-month time extension to complete the park
and community recreation center, a 12-month time extension to commence construction
of the volunteer fire station, and a 13-month time extension to complete construction of
the volunteer fire station.
19. Supportive Information: In support of the request, the applicant submitted:
(See Exhilbit B -Letters dated January 12, 2001, March 29, 2001 and Apri125,
2001)
.STATE AND COUNTY PLANS
20. State Land Use District: The subject properties are located within an area classified
as "Agricultural" by the State Land Use Commission.
21. General Plan LUPAG Map: The LUPAG Map designates the area for "Intensive
Agricultural" and "Extensive Agricultural" uses. Land designated Intensive
Agricultural have relatively fertile soils and are basically used for sugar, orchard,
diversified agriculture and floriculture. Extensive Agriculture basically refers to
pasturage and range lands.
22. County Zoning: Agriculture 1-acre (A-la).
23. Special Management Area: The subject property is not situated within the Special
Management Area boundary.
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PLTBd:~IC FACII:,ITIES A~1D SERVICES
2~. ~cc~ss: access t® he property is from Mamalahoa Highway, atwo-lane highway
hav~n~ a pavement width af:2'4-feet within a 50=foot right-of--way.
25. ~ate~°: ~1Vater is available to the property.
26. d~'astevvater: Individual-wastewater disposal systems will meet with the requirements
of the Department of Health.
27. Solid Waste: Solid waste generated by the project will be disposed of at the County
landfill at Pu`uanahulu.
28. Publac Services: The County's police and fire services as well as medical and
educational facilities. are located in Waimea and Kailua-Kona, approximately 20 - 25
miles away.
29. All, other essential utilities and services are or will be made available to the property.
AGI+;I~CIES' COl0~1VIE1~+7TS
30. Depar~nent of PaAblie ~Vorlcs (Apri13, 2001 Memo):
"We have: reviewed- the subject application. For your information, notice was sent to
the applicant of a Hawaii County Code Chapter 10 Grading Violation on February 28,
2001. The violation concerns work-that was done under a grading permit. The
violation<has not been resolved to date. We have no objections to the request for time
extensions, provided the violation is resolved expeditiously.
Applicant's Response: (See Exhibit C e Letter dated April 27, 2001)
31. Police Department (March 29, 2001 Memo):
"Staff reviewed the above-referenced amendments and does not believe the extension of
time will have an effect on police services."
32. Fire Department (March 5, 200Y Memo):
6G We have no comments regarding the above-referenced Change of Zone Ordinance,
Special Permit and i3se Permit Applications."
33. Real Property Tax Office (February 15, 2001 Real Property Tax Clearance):
"This is to certify that the real property taxes due to the County of Hawaii. on the
parcel(s) listed above have been paid up to and including. Deeember 31, 2000.
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"This clearance was reQuested on behalf of BIG ISLAND CQUNRTY CLUB
~`~<`~'1'~~ ~v Sidney Fuke for the County Planning Department and is issued for
~l~is~`~~~e~~; ~~arc~l(c j ~n~~~,
34. -Real Property `I`ax Gffice March 1~, 2001 ?~Ieano):
"Comments from the Appraisal Section:
Possible rollback taxes.
Remarks: If subdivided into parcels less than 5 acres
"Comments. from the collection section:
Status: of-real property taxes:
DelinquentlAmounts $58,128.39. Amount includes tax, penalty, & interest up
to 3/3.1101.
Remarks: Taxes for all parcels .are delinquent. Please see bills attached.
TI~iIKS 7-1-005-034 & 039 were dropped into parcel "031 " on 6/ 12/96. "
Applicanf's Response: (See Exhibit D -April 12, 2001. Letter)
35. Department of Land and Natural- Resources, Land Division (1Vdarch 9, 2001
Letter):
"Thank you. for the opportunity to review and comment on the subject matter.
'°The Department has no comment to offer."
36. State Land-Use Coflnnaission (10>Iarch 21, 2001 Letter):
"We have reviewed the subject requests as transmitted by your memorandum dated
February 28, 2001, to request a time extension for the completion of the community
park and: volunteer fire: station and securing -final subdivision approval pursuant to the
subject permits and ordinance at Puuanahulu I~omesteads, North Kona, Ilawaii.
"We-have. no comments to offer at this time. We appreciate the opportunity to
comment on the subject requests.
AGENNCIES - lSPON5E
37. Department of Water Supply, Department of Parks and Recreation, Department
of Land-and 1Vatural Resources-Land T~Ianagement anti State: Historic Pa°eservation
Divisions, State Department of ~Iealth, Department of Transportation,
Pu`uanahulu Community Association.
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~ ~1~TTS
~'he l~e~ar~ment has not received any written objections or comments from the public
or adjacent land owners an the suilaject request.
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April 25, 2001 ~ " ' _i I
x~~>
Ms. Geri Giffin, Chair
Planning Commission
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Dear Ms. Giffin:
INTRAWEST The purpose of this letter is to introduce ourselves and to summarize our intentions regarding
CORPORATION Big Island Country Club & Estates. We are writing this letter at the request of the current
owner of the property.
SvIrE soo
Zoo BURRARD STREET Intrawest is the leading developer and operator of village-centered resorts across North
VANCOUVER, B~ America. It is redefining the resort world with its ten mountain resorts, one warm-weather golf
CANADA v6c 31.G resort, eighteen golf courses, a premier vacation ownership business and five world-class
TEI..6o4.669.9777 warm weather and mountain resort villages at other locations. The company owns
FAx.6o4.669.o6os WhistlerBlackcomb, North America's most popular mountain resort, and Panorama in British
Columbia, Blue Mountain in Ontario (50%), Tremblant and Mont Ste. Marie in Quebec,
Copper in Colorado, Stratton in Vermont, Snowshoe Mountain in West Virginia, Mountain
Creek in New Jersey, Mammoth in California (59%), and Sandestin Golf and Beach Resort in
Florida. In addition, we are creating world-class, four-season resort villages at Keystone,
Colorado; Solitude, Utah; Squaw Valley near Lake Tahoe, California; Les Arcs, France; and
Lake Las Vegas Resort, Nevada. Intrawest combines high-quality resort services and
amenities with innovative residential and commercial real estate development to attract
visitors and buyers of real estate to its villages. Intrawest's shares are listed on the New York
(IDR) and Toronto (ITW) stock exchanges.
We believe that Big Island Country Club & Estates, with its 18-hole golf course and
developable real estate, presents a unique opportunity in Hawaii for Intrawest. We have
already established a presence in Princeville, Kauai with the development of our Club
Intrawest property and we have been actively seeking another opportunity in Hawaii. At
present, we are party to anon-binding letter of intent with the current owners of the property.
The letter of intent contemplates a transaction whereby Intrawest would acquire Big Island
Country Club Estates Limited Partnership (and thus acquire ownership of the golf course and
undeveloped land).
Pursuant to this letter of intent, we are currently involved in due diligence investigations
during which we are reviewing all matters and materials relevant to Big Island Country Club
and Estates. We have invested considerable time and money in our investigations to date,
including engaging various consultants (engineers, golf course consultants and legal counsel)
in addition to creating an internal team to assist with our due diligence investigations and to
provide us with advice on various issues.
H:1ProjectslBig Island Country CIublSFuke 25AprOl.doc ! ~
1 iii mf W ~ S T
Page 2 of 2, Letter to County of Hawaii
Apri125, 2001
As part of our ongoing due diligence, it is important for us to understand the County's level of
support for this project. We understand that there are some concerns, both of the County and
the community, relating to this project. We always take a positive approach to dealing in an
open way with concerns. We have already met with the Pu'uanahulu Community Association
to discuss their concerns and to reassure them that should this transaction be finalized, we
fully intend to honour the commitments made by the current owners. We also need to be
comfortable with your level of support for this project. Specifically, if we decide to proceed
with the project, it will be important to us that the basic entitlements are still operable. In this
regard, your and eventually the County Council's approval of Big Island Country Club and
Estates' pending request would provide us with an indication that the County is supportive of
the project.
If you have any questions about our company or our involvement with this project, we would
be happy to arrange a meeting with you whereby we can meet to discuss any concerns that you
may have. We would also be pleased to provide you with additional information about our
company at your request. In the meantime, we will be continuing our due diligence
investigations, and we look forward to the opportunity to work with you in the future.
Yours truly,
INTRA~VEST CORPO TION
r"""'~,
f - i
John Currie
Senior Vice President
~ JC/lg
Encl.
cc. Noriko Saiga
Sidney Fuke, Planning Consultant
Pu'uanahulu Community Association
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Faz: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
January 12, 2001 ~ '
Mr. Christopher Yuen, Director PL~''li :i'4~'~~ ,'~i`~T
i ~
Lam.., ; ~t i ~
Planning Department
COUNTY OF HAWAII
25 Auptuu Street
Hilo, HI 9b720
Dear Mr. Yuen:
Subject: Request for Time Extensions - UP 74, SP 863, and Ord. 00-105
Bid Island Country Club ~ Estates~TMK: 7-1-5: Various
Big Island Country Club & Estates respectfully requests a time extension for the
completion of the community pazk and volunteer fire station and securing final subdivision
approval for the 1-acre subdivision as required in the referenced Use Permit, Special Permit,
and Ordinance. A summary of the permitting background, the nature of the specific requests,
and the justifications thereto aze outlined below.
GENERAL PERMITTING BACKGROUND
1. Use Permit No. 74, was approved by the Planning Commission with
conditions on March 13, 1990..Said approval allowed the development of a
27-hole golf course, clubhouse and related improvements within a 425+ acre
area. To date and pursuant to said Permit, improvements on the site include
an 18-hole golf course, temporary pro-shop and restroom building, golf cart
storage area, and restrooms within the golf course. .
Condition 4 of said Permit required the development of a recreational
assessment program acceptable to the Planning Director. Relative to said
condition:
a. July 10, 1991
A program consisting of $3 million of recreational fees was approved
by the Planning Director in 1991.
b. December 9, 1997
. Said program was subsequently amended by the Director to allow the
provision of land and construction of a 5-acre community pazk,
volunteer fire station and related improvements for the community and
approximately $2 million in cash.
3CI~IIIIT
Mr. Christopher Yuen
January 12, 2001
Page 2
c. A~ri17, 1999
On April 7, 1999, the Planning Commission amended the Use Permit
and, in so doing, amended the Director's program (see Exhibit A).
The amended program increased the size of the park to 10 acres and
outlined specific timetables for the subdivision and conveyance of the
park site to the Pu'uanahulu Community Association (PCA), as well as
completion of the community center/park and volunteer fire station.
Specifically, it required
• the 10-acre park to be subdivided and conveyed to the PCA within
six (6) months of the approval of a similar amendment to the
rezoning ordinance (Ordinance No. 99-79). This ordinance
became effective on June 23, 1999; and
• the park and community center to be completed by July 31, 2000
and the volunteer fire station by December 1, 2000.
d. March 14, 2000
The Planning Commission amended the Use Permit which resulted in a
time extension to convey the park from December 23, 2000 to June
14, 2000 (see Exhibit B). The park was conveyed to the PCA on or
about February 20, 2000. The requirement to complete the park and
volunteer fire station was not changed.
e. July 21, 2000
In the third amendment to the Use Permit, the Planning Commission
granted (see Exhibit C) an extension to
• complete the park from July 3 1, 2000 to a "start" date of
December 1, 2000 and "completion" date of March 1, 2001; and
• complete the volunteer fire station from December 1, 2000 to a
"start" date of March 1, 2001 and "completion" date of July 1,
2001.
Mr. Christopher Yuen
January 12, 2001
Page 3
2. Special Permit No. 863, approved by the Planning Commission on February
17, 1994, allowed an expanded use of the proposed golf clubhouse as well as
the construction of the community park and volunteer fire station. Said
Permit also had a time performance condition (Condition No. 3) relative to the
community park similar to the aforementioned Use Permit.
a. Apri17, 1999
Condition No. 3 was amended to reflect the language of Condition
No. 4 of Use Permit No. 74 (see Exhibit D).
b. July 21, 2000
Similar amendments to Condition No. 4 of Use Permit No. 74 were
also granted to Condition No. 3 of Special Permit No. 863 (see
Exhibits E).
3. Ordinance No. 94-78, although adopted by the County Council on July 6, _
1994, became effective. on July 3, 1996 with the compliance of Condition B
relative to the establishment of a water source. • This ordinance rezoned the
subject properties from Unplanned (LT) to Agricultural (A-la), subject to
certain performance conditions relating to, among others, the subdivision of
the property as well as a timetable for the conveyance and development of the
community park.
Specifically,
a. July 3, 1996
Tentative subdivision approval was issued fora 121-lot subdivision,
which included 106 1-acre lots and the remaining lots being for the
golf course, roadways, and other non-residential lots. Condition C of
the Ordinance required final subdivision approval to be secured within
five (5) years of the effective date of the ordinance (July 3, 2001).
b. June 23 1999
Condition M (see Exhibit F) was subsequently amended (Ordinance
No. 99 79) to reflect the requirement for the additional park land and a
Mr. Christopher Yuen
January 12, 2001
Page 4
construction timetable for the community center and volunteer fire
station. The amended language is substantively similaz to the
Commission's Apri17, 1999 amendment to the Condition No. 4 of Use
Permit 74 and Condition No. 3 of Special Permit 863.
c. September 18, 2000
Condition M was further amended (Ordinance No. 00 105) to defer
the completion date of the pazk and volunteer fire station to March 1,
2001 and July 1, 2001, respectively (see Exhibit G). Again, this
language is similaz to the Commission's amendment to the referenced
Use Permit and Special Permit.
NATURE OF REQUESTS
Because of reasons outlined below, the applicant is requesting time extensions to a)
start and/or complete the park and volunteer fire station; and b) to secure final subdivision
approval.
Relative to the cornmunit~pazk and volunteer fire station, the requested amendments
would be to a) Condition 4(b) of Use Permit No. 74; b) Condition 3 of Special Permit No.
863; and c) Condition M of Ordinance No. 00 105. These amendments, if approved,
would result in a time extension
• to complete the community park and recreational center by July 31, 2001
(extension from March 1, 2001); and
• to start of construction of the volunteer fire station to July 31, 2001 (extension
from March 1, 2001) and to complete by December 31, 2001 (extension from
July 1, 2001).
Relative to completion of the subdivision, it is my understanding that the Director has
the authority to act on this extension request pursuant to Condition V. In that regard, the
applicant is requesting an additional five (5) years. Should this request not be possible
admuustratively, we request Condition C of Ordinance No. 00 105 be amended by allowing
an additional five (5} years from the date of approval of the amendment to secure final
subdivision approval..
Mr. Christopher Yuen
January 10, 2001
Page 5
REASONS FOR REQUESTS
Relative to the time extension for completion of the subdivision, please note the
following:
a. the applicant has not fully recovered from the economic meltdown in Asia. As
a result, since receipt of tentative subdivision approval in 1996, the applicant
. has devoted its resources to completion of appropriate conditions of tentative
subdivision. approval, the golf course, and satisfaction of its community
obligations.
Notwithstanding the economic conditions, the applicant has expended over
$30 million -not including the land cost - on the overall project. This include
the construction of one well, the partially completed second well, physical
outline/grading of the roadways, and other matters. With the departure of the
original engineering firm (Reid and Associates), a new firm (M&E Pacific,
Inc.) was retained to complete the construction plans for the required on and
off-site infrastructure, including the channelized intersection.. These plans,
although not approved, are about 90% completed and added to the "soft cost"
of this project.
After nearly ten (10) years, the strength of the continental U.S. economy is
finally beguuung to trickle down to Hawaii. The applicant is thus optimistic
in either securing the appropriate funding for completion of the subdivision
and the remaining components of this project or assigning the project to
another entity that will implement ail of the terms and conditions of the
entitlements.
b. Since receipt of tentative subdivision approval, the General Plan and Zoning
of the subject properties have not changed. As a result, approval of this
extension request would not be contrary to said documents.
c. The original reasons for the zone change acknowledged a package of benefits
for the community and a number land use restrictions. These factors have not
changed, as the subdivision -and the retention of the ordinance -would enable
satisfaction of these long-awaited community concessions.
d. The requested five (5) years is similar to the original performance
requirement.
Mr. Christopher Yuen
January 12, 2001
Page 6
Relative to the commurrit~pazk and volunteer fire station, the applicant believed that
the park could be completed by March 1, 2001 when the third amendment was granted in
July 2000. At that time, preliminary architectural plans were already done, and it was felt
that the plans could be easily finalized and the required permit(s) secured before November.
Unfortunately, many unanticipated issues cropped up. Among others, these included
the need for a more detailed survey, preparation of a grading plan, and resolution of basic
infrastructure (such as the access approval, wastewater system, and the potable water
system). The time needed to coordinate this permitting phase of the project was
unanticipated.
Adding to this delay was the unanticipated time required to find a person to assist
with the coordination and management of the bidding process; and finally, with certain
aspects of the construction phase.
In that regard, we would like to articulate the more significant activities that have
occurred to date:
a. The 1.0-acre pazk site has been subdivided and conveyed to the PCA in April
2000;
b. Shinsato Engineering, Inc. has been retained to provide a soils report and
supervise the required grading/fill of the park and pads for the structures to
assure conformity to compaction and other standards;
c. Grading plans for the park and community center were prepazed by M&E
Pacific, Inc. and a permit was issued on November 21, 2000 (Grading Permit
No. 004970).
d. The firm of George M. Oye, Inc. was selected to implement the grading
permit. Work started on December 1,2000.
e. Construction plans for the community center have been completed by the
architectural firm of Yamasato, Fujiwaza, Higa & Associates. The building
permit will be picked up shortly by the contractor.
d. After going through a bidding process, Willocks Construction Corporation
was selected to construct the community center and complete the site work
Mr. Christopher Yuen
January 12, 2001
Page 7
for the community park. The contract calls fora 180 day (or 6 month)
completion period.
e. The architect is presently working on the construction plans for the volunteer
fire station. Its general floor plan and site plan have been prepazed and
generally accepted by the PCA. The PCA still has to coordinate its efforts
with the Courity Fire Department relative to training and other requirements
to establish a volunteer station. This will take time.
As such, it may not be prudent to rush its completion of this facility at this
stage. Please note, however, that the site pad and access are proposed to be
done in conjunction with the recreation center.
Please also find nineteen (19) sets of this letter with enclosures; a list of surrounding
property owners within five hundred feet of the project site; filing fee of $600 ($250 for the
Use Permit, $100 for the Special Permit, and $250 for the zoning extension); and the real
property tax clearance form.
Thank you very much for your attention on this matter. Should you have questions
on this matter, please feel free to contact me. Thank you very:much.
S' cerely,
~
SI NEY M. FUKE
Planning Consultant
Enclosures
cc Ms. Noriko Saiga w/ encl.
Ms. Ku'ulei Keakealani, President
Pu'uanahulu Community Association
JNj'~'~F
N'4jY
40 v`y~ k'
Stephen K. Yamashiro
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PLANiVING CO ~`A~ISSION
25 Aupuai $erxt, Room 109 • Hilo, Havraii %T20.4252
(808) 961-8288 Fax (808) %1-%15
CERTIFIED MAIL
P 101 317 714
APR 0 7 1999
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Use Permit No. 74
Applicant: Big Island Country Club and Estates
Request: Amendment to Condition No. 4 (Recreational Impact Requirement)
Tax Map Key: 7-1-5:9, 10, 26, 28-34, 39-41, 58 and 59
The Planning Commission at its duly held public hearing on April 1, 1999, voted to approve
the above-referenced request for an amendment to Condition No. 4 (recreational impact
requirement) of Use Permit No. 74, which allowed the establishment of a 27-hole golf course
and related improvements within the County's Unplanned (U) zoned district. The property is
located on the northwest (makai) side of Mamalahoa Highway opposite the Puu Lani Ranch
Subdivision at Puuanahulu Homesteads, North Kona, Hawaii.
Approval of this request is based on the following:
Use Permit No. 74 was approved by the Planning Commission on March 1, 1990,
subject in part, to the following Condition No. 4:.
"To ensure that the goals and policies of the recreational element of the General Plan are
implemented as proposed, the Department of Parks and Recreation, upon consultation
with the County Council, and with the concurrence of the Planning Department, may
require the provision of public recreational facilities and/or improvements within the
project area or the affected districts as appropriate. The preliminary recreational needs
determination, if any, shall be established prior to the granting of Final Plan Approval for
the proposed golf course and related improvements, and shall be based upon the
estimated cost of a similar public facility and/or improvements, less any credits for direct
or indirect recreational benefits to impacted community members, compared to an overall
regional assessment of existing and proposed public recreational facilities. The applicant
shall provide its required pro rata share in a method not inconsistent with the
requirements and criteria found in Chapter 8, Article 1 (Park Dedication Code) of the
County Code prior to the opening of the proposed golf course or any related facility
thereto, whichever occurs first."
Mr. Sidney Fuke
Page 2
Approval of this request would not be contrary to the General Plan or the Zoning
Code. The proposed use 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 27-hole golf course and related improvements within the State Land
Use "Agricultural" District and the County's Agricultural-1 acre zoned district may be
permitted through the Use Permit review process. The Use Permit process provides an
avenue to review and analyze a proposed project on a case-by-case basis relative to
infrastructure and impacts on surrounding properties and existing uses as well as the
General Plan goals and policies. The intent and purpose of the Zoning Code is to
promote health, safety, morals or the general welfare of the community through
regulations and restnctions relative to the location and use of buildings, off-street
parking, the percentage of lots that may be occupied, the density of population and land
for trade, industry, residence or other purposes.
The amendment to Condition No. 4 would not be contrary to the original reasons
for granting the Use Permit. The applicant, in its request, stated the need to modify the
recreational needs determination for the following reasons:
"A program to implement this condition was approved on July 10, 1991.
Final Plan Approval was thus issued and construction of the golf course
commenced. This program called for has a contribution of $3 million.
"However, as that program (among other factors) did not specifically
address and/or assure the accommodation of the recreational needs of those
immediately impacted by this project (which are the Puuanahulu and Puuwaawaa
communities), a new program was approved by your office on December 7, 1997.
The amended program (which still required the developer's direct or indirect
contribution of $3 million) called for the following:
a. The first million dollars of obligation would be satisfied through the
provision of the community park and improvements thereon before
December 31, 1998. The estimated cost breakdown of this contribution
was established as follows:
1) 5 acres of land (5 x $125,000/acre) $ 625,000
2) Site Work $ 100,000
3) Community Facility (includes fire house) $ 250,000
4) Roadway Improvements $ 200,000
5) Water and Electrical System $ 50,000
TOTAL $1,225,000
b. The remaining $2 million would be paid out of escrow to the County of
Hawaii in conjunction with the sale of each lot. Based on 1001ots, this
would approximate $20,000 per lot. In either case, all of the required sum
would be due and payable before December 31, 2001 or approximately a
maximum of five (5) year period."
During the year, while working with the community groups and the County, the
~t estimated cost of the park, community center, and fire station increased from $1,225,000
to $2,300,000. Because of this fiscal shortfall, the applicant and the community groups
Mr. Sidney Fuke
Page 3
agreed to suspend final architectural plans and other matters for the park, and request that
a greater portion or all of the agreed upon $3 million be allocated to this community park.
Therefore, the applicant proposes a new program requirements outlined as follows:
a. Up to $3 million dollars of BICCE's obligation would be satisfied through
the provision of the community park (which also includes the volunteer
fire station) and improvements thereon. The estimated cost of this project,
as noted above, is $2.3 million.
b. The community park would be completed no later than December 31,
2000, approximately 2 years from now.
c. The balance (i.e., the difference between the cost of.the park and $3
million) would be paid to the County within a year after completion of the
park: In determining the balance, the developer would submit documents
(such as building permit valuation, estimates from contractors, estimates
from architects and/or engineers of record, and the like) to help determine
the cost of this project.
d. The golf course would continue to remain opened. Should any of the
above terms not be met, then the Planning Department would be in a
position to terminate the use.
As a result, the. following is the proposed estimates for the cost of the park and fire
station:
a. 10 acres of land (10 x $80,000) $ 800,000
b. Site Work $ 400,000
c. Center (3000 s.f.) $ 450,000
d. Fire Station (1,500 s.f.) $ 350,000
e. Roadway Improvements $ 250,000
f. Water and Electrical System 50 000
Estimated Total $2,300,000
It should be noted that the applicant has committed the following to the
community:
a. Subdivide and convey the 10+ acre park site to the Pu'uanahulu
Community Association within six (6) months from the effective date of
this amendment.
b. Be responsible for payment of the park's real property taxes and liability
insurance for a two year period after its conveyance to the Pu'uanahulu
Community Association.
The inability of the applicant to comply with the requirements of Condition No. 4
of Use Permit No. 74 is the result of conditions which could not have been foreseen or are
beyond the control of the applicant. The recent fiscal shortfall is the result of conditions
~ which could not have been foreseen and not the result of their fault or negligence.
Mr. Sidney Fuke
Page 4
Finally, Condition No. 18 is replaced by a new condition, stating that should the
applicant require any further amendments or if conditions of approval are not complied
with, Use Permit No. 74 shall be forwarded to the Planning Commission for
reconsideration.
Therefore, the amendment request to Condition No. 4 is consistent with the
original reasons for granting the Use Permit.
Based on the above considerations, the request for an amendment to the recreational impact
requirement is hereby granted subject to the following revised changes (Material to be deleted is
bracketed and material to be added is underscored):
1. The applicant, successors, or assigns shall comply with all of the stated conditions
of approval, provided that this Use Permit and all rights conveyed therefrom shall
not be wholly transferable or assignable without prior notification to the Planning
Commission.
2. Final Plan Approval for the proposed golf course and related improvements shall
be secured from the Planning Department within one year from the effective date
of the permit. Prior to the submittal of said plans, the applicant shall solicit the
input of the immediately impacted residents. To assure adequate time for Plan
Approval review and in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted a minimum of forty-five (45) days prior to the date by which
Plan Approval must be secured. The Planning Department 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.
3. Construction of the golf course and related improvements shall commence within
one year from the date of receipt of Final Plan Approval and be completed within
three (3) years thereafter.
4. To ensure that the goals and policies of the recreational element of the General
Plan are implemented as proposed, the Department of Parks and Recreation, upon
consultation with the County Council, and with the concurrence of the Planning
Department, may require the provision of public recreational facilities and/or
improvements within the project area or the affected districts as appropriate. The
[preliminary] recreational needs determination [if any, shall be established prior to
the granting of Final Plan Approval for the proposed golf course and related
improvements, and shall be based upon the estimated cost of a similar public
facility and/or improvements, less any credits for direct or indirect recreational
benefits to impacted community members, compazed to an overall regional
assessment of existing and proposed public recreational facilities. The applicant
shall provide its required pro rata share in a method not inconsistent with the
requirements and criteria found in Chapter 8, Article 1 (Park Dedication Code) of
the County Code prior to the opening of the proposed golf course or any related
facility thereto, whichever occurs first.] shall be as follows:
~ Subdivide and convey in fee, approximately 10 + acres of land within the
project site, to the Pu'uanahulu Community Association or its designee for
development as a community park, within six (6 months from the
Mr. Sidney Fuke
Page 5
effective date of the amendment to Ordinance No 94-78 The a.Qplicant
shall be responsible
for
na~ment of the park's real property taxes and
liability_insurance for a two year period after its conveyance to the
Pu'uanahulu Community Association.
.(b~ as represented by and committed to by the applicant the community Dark
and community recreational center shall be completed by July 31 2000
and the volunteer fire station shall be completed by December 1 2000
~c,~ The balance (i.e., the difference between the cost of the community park
and $3 millions would be paid to the County within a year after
completion of the park. In determining the balance the developer shall
submit documents (such as building_permit valuation estimates from
contractor's, estimates from architects and/or engineers of record and the
likel to help determine the cost of this project.
The golf course or any related facilities thereto ma~ontinue to remain
open. Should any of the above conditions and improvements not be
completed by December 1.2000, the Planning Director shall close the_~olf
course until said conditions and improvements have been completed
5. 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, e.g. building and properly 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. Existing public rights-of--way shall not be `
extinguished in favor of golf course purposes unless other equitable public rights
of access are provided for.
6. All structures shall be sited to minimize any potential visual impact to the
highway and surrounding areas.
7. No individual fee interest, o•,~vnership, or title to any portion of the golf course
shall be permitted without prior compliance with the Subdivision Code.
Covenants or other assurances to prospective purchasers of membership(s) in the
golf course, its facilities, or related. developments shall include notification that a
public landfill facility and rifle range are planned for the adjacent area.
8. An intensive archaeological and cultural interpretative survey shall be conducted
and a report be submitted to the- State Department of Land and Natural Resources,
Historic Sites Program, and the Planning Department for review prior to receipt of
Final Plan Approval and/or prior to the issuance of any grading or grubbing
permit, whichever occurs first. Should any significant sites be found, a data
recovery plan outlining appropriate mitigation measures shall be submitted to
both agencies for review and approval.
9. Should any unanticipated archaeological sites or features be uncovered during
land preparation activities, work within the affected area shall immediately cease
and the State Department of Land and Natural Resources, Historic Sites Program,
Mr. Sidney Fuke
Page 6
notified. No work within the affected area shall resume until clearance is obtained
from the Planning Department based upon recommendations from the Historic
Sites Program.
10. A complete biological survey shall be conducted and a recommended mitigation
plan, if necessary, shall be submitted for review and approval by the U.S. Fish and
Wildlife Service and the State Department of Land and Natural Resources prior to
issuance of any land development permit for the property.
11. The use of pesticides and herbicides in conjunction with all phases of operation
shall conform with the applicable regulations of appropriate governmental
agencies.
12. During construction, best effort measures shall be taken to minimize the potential
of both fugitive dust and runoff sedimentation. Such best effort measures shall be
in compliance with construction industry standards and practices utilized during
construction projects of the State of Hawaii.
13. 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.
14. Access(es) to the proposed development from Mamalahoa Highway, including
channelized intersection improvements with- left turn storage lanes and
acceleration and decelerations lanes, shall meet with the approval of the State
Department of Transportation, Highways Division.
15. All interior roadways shall be constructed to County dedicable standards. Public
access to the makai State lands shall be provided for hunting and other
recreational uses meeting with the approval of the Department of Land and
Natural Resources, Wildlife Division.
16. The applicant shall provide adequate water service and back-up facilities or
assurances to meet the demands for fire protection and all domestic related
facilities prior to the issuance of any occupancy permit.
17. An annual progress report shall be submitted to the Planning Department prior to
the anniversary date of the approval 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.
18. [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; 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
Mr. Sidney Fuke
Page 7
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 maybe 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 may initiate procedures to revoke the permit.) Should the applicant
require anv further amendments or if conditions of approval are not complied
with, Use Permit No. 74 shall be forwarded to the Planning Commission for
reconsideration.
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 Alice Kawaha of the Planning
Department at 961-8288 or Royden Yamasato of the Planning Department West Hawaii Office
at 327-3510.
Sincerely,
Richard B. Baker, Jr., Vice-Chairman
Planning Commission
Lbicce02.PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division -Kona
West Hawaii Office
Kazu Hayashida, Director/DOT-Highways, Honolulu
oaatv.os pq~
Stephen K Yamashiro ~
~~m'Or 's
OB ~NO`~
PLANNING COMMISSION
25 Aupuni Strect, Room 109 • Hilo, Hawaii 96720-4252
CERTIFIED MAIL (soa) 961-seas • Fax caos) 961-96is
7099 3220 0000 4869 7596
MAR 7 4 2000
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Use Permit No. 74 (USE 74)
Applicant: Big Island Country Club & Estates
Request: Time Extension to Condition No. 4(a)
Tax Map Kew 7-1-5:9, 10, 26, 28-34 39-41, 58 & 59
The Planning Commission at its duly held public hearing on March 3, 2000, voted to approve the
above-referenced request for an amendment to Condition No. 4a (extension of time to subdivide
and convey 10~ acre park site) of Use Permit No. 74, which allowed the establishment of a
27-hole golf course and related improvements within the County's Agricultural-la zoned district.
The property is located on the northwest (makai) side of Mamalahoa Highway opposite the Puu
Lani Ranch Subdivision at Puuanahulu Homesteads, North Kona, Hawaii.
Approval of this request is based on the following:
Use Permit No. 74 was approved by the Planning Commission on March 13, 1990
and amended on April 1, 1999 subject in part, to the following Condition No. 4:
"To ensure that the goals and policies of the recreational element of the General Plan are
implemented as proposed, the Department of Parks and Recreation, upon consultation
with the County Council, and with the concurrence of the Planning Department, may
require the provision of public recreational facilities and/or improvements within the
project area or the affected districts as appropriate. The recreational needs determination,
shall be as follows:
(a) Subdivide and convey in fee, approximately 10+ acres of land within the project
site, to the Pu'uanahulu Community Association or its designee for development
as a community park, within six (6) months from the effective date of the
_ _ _ _
Mr. Sidney Fuke
Page 2
amendment to Ordinance No. 94-78. The applicant shall be responsible for
payment of the park's real property taxes and liability insurance for a two year
period after its conveyance to the Pu'uanahulu Community Association.
(b) As represented by and committed to by the applicant, the community park and
community recreational center shall be completed by July 31, 2000, and the
volunteer fire station shall be completed by December 1, 2000.
(c) The balance (i.e., the difference between the cost of the community park and $3
million) would be paid to the County within a year after completion of the park.
In determining the balance, the developer shall submit documents (such as
building permit valuation, estimates from contractors, estimates from architects
and/or engineers of record, and the like) to help determine the cost of this project.
(d) The golf course or any related facilities thereto may continue to remain open.
Should any of the above conditions and improvements not be completed by December 1,
2000, the Planning Director shall close the golf course until said conditions and
improvements have been completed."
Approval of this request would not be contrary to the General Plan or the Zoning
Code. The 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 27-hole golf course and related improvements within the State Land Use Agricultural
District and the County's Agricultural-1 acre zoned district may be permitted through the
Use Permit review process. The Use Permit process provides an avenue to review and
analyze a proposed project on a case-by-case basis relative to infrastructure and impacts
on surrounding properties and existing uses as well as the General Plan goals and
policies. The intent and purpose of the Zoning Code is to promote health, safety, morals
or the general welfare of the community through regulations and restrictions relative to
the location and use of buildings, off-street parking, the percentage of lots that may be
occupied, the density of population and land for trade, industry, residence or other
purposes.
The amendment to Condition No. 4(a) would not be contrary to the original
reasons for granting the Use Permit. The applicant, is requesting an amendment to
Condition 4(a) of Use Permit No. 74 by allowing a four (4) month time extension to
April 23, 2000. The effective date of the amended Ordinance No. 99-79 was June 23,
1999 and therefore, compliance with Condition No. 4(a) would have been before or on
December 23, 1999. The consolidation/resubdivision application for the 10+-acre park
site was filed on September 30, 1999. The applicant has committed the following to the
Pu'uanahulu community:
Mr. Sidney Fuke
Page 3
a. Subdivide and convey the 10+ acre park site to the Pu'uanahulu
Community Association within six (6) months from the effective date of
this amendment and;
b. Be responsible for payment of the park's real property taxes and liability
insurance for a two year period after its conveyance to the Pu'uanahulu
Community Association.
Tentative subdivision.approval was granted on December 10, 1999 subject to certain
conditions. Final subdivision approval was subsequently granted on January 18, 2000.
Subsequent to the issuance of the final subdivision approval, the property must be
recorded with the.State of Hawaii Bureau of Conveyances. The appropriate conveyance
document must also be prepared and submitted to the Pu'uanahulu Community
Association. The extension of time would allow the applicant to fulfill these stated
conditions.
The inability of the applicant to comply with the requirements of Condition
No. 4(a) of Use Permit No. 74 are the result of conditions which could not have been
foreseen or are beyond the control of the applicant. Final subdivision approval for the
10+-acre park site was granted on January 18, 2000. The applicant has continued to work
toward finalizing the necessary conveyance documents. The requested additional four (4)
month time extension to convey title for the 10+ acre park site is the result of conditions
which could not have been foreseen and not the result of their fault or negligence.
Therefore, an approval of the amendment request to Condition No. 4(a) will be
consistent with the original reasons for granting the Use Permit.
Based on the above considerations, the request for a time extension to convey title for the 10+
acre park site is hereby granted subject to the following revised changes (Material to be deleted is
bracketed and material to be added is underscored):
1. The applicant, successors, or assigns shall comply with all of the stated conditions
of approval, provided that this Use Permit and all rights conveyed therefrom shall
not be wholly transferable or assignable without prior notification to the Planning
Commission.
2. Final Plan Approval for the proposed golf course and related improvements shall
be secured from the Planning Department within one year from the effective date
of the permit. Prior to the submittal of said plans, the applicant shall solicit the
input of the immediately impacted residents. To assure adequate time for Plan
Approval review and in accordance with Chapter 25-244 (Zoning Code), plans
Mr. Sidney Fuke
Page 4
shall be submitted a minimum of forty-five (45) days prior to the date by which
Plan Approval must be secured. The Planning Department 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.
3. Construction of the golf course and related improvements shall commence within
one year from the date of receipt of Final Plan Approval and be completed within
three (3) years thereafter.
4. To ensure that,the goals and policies of the recreational element of the General
Plan are implemented as proposed, the Department of Parks and Recreation, upon
consultation with the County Council, and with the concurrence of the Planning
Department; may require the provision of public recreational facilities and/or
improvements within the project area or the affected districts as appropriate. The
recreational needs determination shall be as follows:
(a) Subdivide and convey in fee, approximately 10 + acres of land within the
project site, to the Pu'uanahulu Community Association or its designee for
development as a community park, within [six (6)] four 4 months from
the effective date of [the] this amendment [to Ordinance No. 94-78J. The
applicant shall be responsible for payment of the park's real property taxes
and liability insurance for a two year period after its conveyance to the
Pu'uanahulu Community Association.
(b) As represented by and committed to by the applicant, the community park
and community recreational center shall be completed by July 31, 2000,
and the volunteer fire station shall be completed by December 1, 2000.
(c) The balance (i.e., the difference between the cost of the community park
and $3 million) would be paid to the County within a year after
completion of the park. In determining the balance, the developer shall
submit documents (such as building permit valuation, estimates from
contractors, estimates from architects and/or engineers of record, and the
like) to help determine the cost of this project.
(d) The golf course or any related facilities thereto may continue to remain
open.
Should any of the above conditions and improvements not be completed by
December 1, 2000, the Planning Director shall close the golf course until said
conditions and improvements have been completed.
Mr. Sidney Fuke
Page 5
5. 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, e.g. 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. Existing public rights-of--way shall not be
extinguished in favor of golf course purposes unless other equitable public rights
of access are provided for.
6. All structures shall be sited to minimize any potential visual impact to the
highway and surrounding areas.
7. No individual fee interest, ownership, or title to any portion of the golf course
shall be permitted without prior compliance with the Subdivision Code.
Covenants or other assurances to prospective purchasers of membership(s) in the
golf course, its facilities, or related developments shall include notification that a
public landfill facility and rifle range are planned for the adjacent area.
8. An intensive archaeological and cultural interpretative survey shall be conducted
and a report be submitted to the State Department of Land and Natural Resources,
Historic Sites Program, and the Planning Department for review prior to receipt of
Final Plan Approval and/or prior to the issuance of any grading or grubbing
permit, whichever occurs first. Should any significant sites be found, a data
recovery plan outlining appropriate mitigation measures shall be submitted to
both agencies for review and approval.
9. Should any unanticipated archaeological sites or features be uncovered during
land preparation activities, work within the affected area shall immediately cease
and the State Department of Land and Natural Resources, Historic Sites Program,
notified. No work within the affected area shall resume until clearance is obtained
from the Planning Department based upon recommendations from the Historic
Sites Program.
10. A complete biological survey shall be conducted and a recommended mitigation
plan, if necessary, shall be submitted for review and approval by the U.S. Fish and
Wildlife Service and the State Department of Land and Natural Resources prior to
issuance of any land development permit for the property.
11. The use of pesticides and herbicides in conjunction with all phases of operation
shall conform with the applicable regulations of appropriate governmental
agencies.
Mr. Sidney Fuke
Page 6
12. During construction, best effort measures shall be taken to minimize the potential
of both fugitive dust and runoff sedimentation. Such best effort measures shall be
in compliance with construction industry standards and practices utilized during
construction projects of the State of Hawaii.
13. 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.
14. Access(es) to the proposed development from Mamalahoa Highway, including
channelized intersection improvements with left turn storage lanes and
acceleration and deceleration lanes, shall meet with the approval of the State
Department of Transportation, Highways Division.
15. All interior roadways shall be constructed to County dedicable standards. Public
access to the makai State lands shall be provided for hunting and other
recreational uses meeting with the approval of the Department of Land and
Natural Resources, Wildlife Division.
16. The applicant shall provide adequate water service and back-up facilities or
assurances to meet the demands for fire protection and all domestic related
facilities prior to the issuance of any occupancy permit.
17. An annual progress report shall be submitted to the Planning Department prior to
the anniversary date of the approval 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.
18. Should the applicant require any further amendments or if conditions of approval
are not complied with, Use Permit No. 74 shall be forwarded to the Planning
Commission for reconsideration.
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.
Mr. Sidney Fuke
Page 7
Should you have any questions, please contact Eleanor Mirikitani of the Planning Department
West Hawaii Office at 327-3510 or Alice Kawaha of the Planning Department Hilo Office at
961-8288.
Sincerely,
_
Richard B. Baker, Jr., Chairman
Planning Commission
Lbicce0 l PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
West Hawaii Office
Kazu Hayashida, Director/DOT-Highways, Honolulu
oJ~iv.oF h,!i
bw;~
Stephen K Yamashiro
Mayor ~
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,~~•OF M~`~~
~~lxxt~~l' ~~i~~tZt
PLANNING COMMISSION
25 Aupuni Street, Room 109 Hilo, Hawaii 96720.4252
(808) 961-8288 • Fax (808) 961-9615
CERTIFIED MAIL
7099 3220 0000 4869 5691
~JElL 2 1 ~QOC
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
.Hilo, HI 96720
Dear Mr. Fuke:
Use Permit No. 74 (USE 74)
Applicant: Big Island Country Club & Estates
Request: Amendment to Condition 4(b) and 4(d) (Complete Construction)
Tax Map Key : 7-1-5 : various
The Planning Commission at its duly held public hearing on July 7, 2000, voted to approve the
above-referenced request for an amendment to Condition No. 4(b) and 4(d) (complete
construction of community park, recreational center and fire station facilities) of Use Permit
No. 74, which allowed the establishment of a 27-hole golf course and related improvements.
The property is located on the northwest (makai) side of Mamalahoa Highway opposite the Puu
Lani Ranch Subdivision at Puuanahulu Homesteads, North Kona, Hawaii.
Approval of this request is based on the following:
Use Permit No. 74 was approved by the Planning Commission on March 13, 1990
and amended on March 3, 2000, subject in part, to the foliowing Condition No. 4(b) and
4(d):
"To ensure that the goals and policies of the recreational element of the General Plan are
implemented as proposed, the Department of Parks and Recreation, upon consultation
with the County Council, and with the concurrence of the Planning Department, may
require the provision of public recreational facilities and/or improvements within the
project area or the affected districts as appropriate. The recreational needs determination,
shall be as follows:
(b) As represented by and committed to by the applicant, the
community park and community recreational center shall be
completed by July 31, 2000, and the volunteer fire station shall be
completed by December 1, 2000.
Mr. Sidney Fuke
Page 2
(d) The golf course or any related facilities thereto may continue to
remain open. Should any of the above conditions and improvements not be
completed by December 1, 2000, the Planning Director shall close the golf course
until said conditions and improvements have been completed."
Approval of this request would not be contrary to the General Plan or the Zoning
Code. The proposed use 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 27-hole golf course and related improvements are permitted within the
State Land Use Agricultural District; and within the County's Agricultural-1 acre zoned
district, they may be permitted through the Use Permit review process. The Use Permit
process provides ari avenue to review and analyze a proposed project on a case-by-case
basis relative to infrastructure and impacts on surrounding properties and existing uses as
well as the General Plan goals and policies. The intent and purpose of the Zoning Code is
to promote health, safety, morals or the general welfare of the community through
regulations and restrictions relative to the location and use of buildings, off-street
_ parking, the percentage of lots that may be occupied, the density of population and land
for trade, industry, residence or other purposes.
The amendment to Condition No. 4(b) and 4(d) would not be contrary to the
original reasons for granting the Use Permit. The applicant, in its 'request, stated the need
to modify the recreational needs determination. The applicant has completed plans for
the community center and will be submitting them for Plan Approval review and building
permit processing within the next week. The construction plans for the access have been
completed and are now under review by the State Department of Transportation. The
grading plan for the community park should be completed within the next two weeks.
The on-site infrastructural plans, (i.e. water, sewer, and electricity), should be finalized
within the next month. Thus, from this date, the applicant anticipates a 7-8 month period
for completion of the community center and park. Accordingly, the applicant states that
construction of the community center will begin no later than December 1, 2000 and
completed no later than March 1, 2001; and construction of the volunteer fire station will
begin no later than March 1, 2001 and completed no later than July 1, 2001.
In support of the request, the applicant states "We would like to emphasize that
the applicant has been making every reasonable effort - in spite of the years of sagging
economic condition - to fill its obligation not only to the various conditions of approval
but to the community. For example, the 10-acre park site has already been conveyed to
the Puuanahulu Community Association. After receipt of input from the community, the
construction plans for the community center have been completed and will be processed
next week. We have also been working with the community to assist in their efforts to
develop an educational and cultural center on State land in Puuanahulu. We trust that
Mr. Sidney Fuke
Page 3
these activities -and more -are indicative of the applicant's efforts to fulfill its
obligations to the community and the applicable conditions of approval."
The inability of the applicant to comply with the requirements of Condition No.
4(b) and 4(d} of Use Permit No. 74 are the result of conditions which could not have been
foreseen or are beyond the control of the applicant. The recent fiscal shortfall is the result
of conditions which could not have been foreseen and not the result of their fault or
negligence.
Approval of this amendment request would not be contrary to the original reasons
for granting the use permit. The applicant has continually worked to secure the necessary
approvals from the various departments for the required improvements within and beyond
the boundaries of the project site. Over the years, the applicant has shown perseverance
in managing the many requirements which they have had to deal with. The applicant
secured Final Subdivision Approval on January 18, 2000 for the Pu`uanahulu community
park site. Subsequently on Apri120, 2000, the applicant conveyed the Warranty Deed for
said park site to the Pu`uanahulu Community Association, as required by condition of
approval. The applicant has either complied with, or initiated the process of compliance
with other conditions of approval within the subject use permit. Further, it should be
pointed out that the applicant has also extended its commitment to the community by
involving the residents in the area with job opportunities and training at the project site.
Therefore, an approval of the amendment request to Condition No. 4 (b) and 4(d)
will be consistent with the original reasons for granting the Use Permit.
Based on the above considerations, the request for an amendment to the recreational impact
requirement is hereby granted subject to the following revised changes (Material to be deleted is
bracketed and material to be added is underscored):
1. The applicant, successors, or assigns shall comply with all of the stated conditions
of approval, provided that this Use Permit and all rights conveyed therefrom shall
not be wholly transferable or assignable without prior notification to the Planning
Commission.
2. Final Plan Approval for the proposed golf course and related improvements shall
be secured from the Planning Department within one year from the effective date
of the permit. Prior to the submittal of said plans, the applicant shall solicit the
input of the immediately impacted residents. To assure adequate time for Plan
Approval review and in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted a minimum of forty-five (45) days prior to the date by which
Plan Approval must be secured. The Planning Department shall determine the
related improvements and accessory uses to the golf course not inconsistent with
Mr. Sidney Fuke
Page 4
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.
3. Construction of the golf course and related improvements shall commence within
one year from the date of receipt of Final Plan Approval and be completed within
three (3) years thereafter.
4. To ensure that the goals and policies of the recreational element of the General
Plan are implemented as proposed, the Department of Parks and Recreation, upon
consultation with the County Council, and with the concurrence of the Planning
.Department, may require the provision of public recreational facilities and/or
improvements within the project area or-the affected districts as appropriate. The
recreational needs determination shall be as follows:
(a) Subdivide and convey in fee, approximately 10 + acres of land within the
project site, to the Pu'uanahulu Community Association or its designee for
development as a community park, within four (4) months from the
effective date of this amendment. The applicant shall be responsible for
payment of the park's real property taxes and liability insurance for a two
year period after its conveyance to the Pu'uanahulu Community
Association.
(b) as represented by and committed to by the applicant, the construction of
the community park and community recreational center shall [be
completed by July 31; 2000] commence no later than December 1, 200
and be completed no later than March 1. 2001, and the constri~ctiQn of the
volunteer fire station shall [be completed by December 1, 2000]
commence no later than March 1 2001 and be completed no later than
July 1~ 2001.
(c) The balance (i.e., the difference between the cost of the community park
and $3 million) would be paid to the County within a year after
completion of the park. In determining the balance, the developer shall
submit documents (such as building permit valuation, estimates from
contractor's, estimates from architects and/or engineers of record, and the
like) to help determine the cost of this project.
(d) The golf course or any related facilities thereto may continue to remain
open.
Mr. Sidney Fuke
Page 5
Should any of the above conditions and improvements not be completed by
March 1 2001 for tl~e c~mmuni ark and comm~ni recreational center, and
not be completed by July 1.2001 fQr the volunteer fire station, the Planning
Director shall close the golf course until said conditions and improvements have
been completed.
5. 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, e.g. 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. Existing public rights-of--way shall not be
extinguished in favor of golf course purposes unless other equitable public rights
of access are provided for.
6. All structures shall be sited to minimize any potential visual impact to the
highway and surrounding areas.
7. No individual fee interest, ownership, or title to any portion of the golf course
shall be permitted without prior compliance with the Subdivision Code.
Covenants or other assurances to prospective purchasers of membership(s) in the
golf course, its facilities,~or related developments shall include notification that a
public landfill facility and rifle range are planned for the adjacent area.
8. An intensive archaeological and cultural interpretative survey shall be conducted
and a report be submitted to the State Department of Land and Natural Resources,
Historic Sites Program, and the Planning Department for review prior to receipt of
Final Plan Approval and/or prior to the issuance of any grading or grubbing
permit, whichever occurs first. Should any significant sites be found, a data
recovery plan outlining appropriate mitigation measures shall be submitted to
both agencies for review and approval.
9. Should any unanticipated archaeological sites or features be uncovered during
land preparation activities, work within the affected area shall immediately cease
and the State Department of Land and Natural Resources, Historic Sites Program,
notified. No work within the affected area shall resume until clearance is obtained
from the Planning Department based upon recommendations from the Historic
Sites Program.
10. A complete biological survey shall be conducted and a recommended mitigation
plan, if necessary, shall be submitted for review and approval by the U.S. Fish and
Mr. Sidney Fuke
Page 6
Wildlife Service and the State Department of Land and Natural Resources prior to
issuance of any land development permit for the property.
11. The use of pesticides and herbicides in conjunction with all phases of operation
shall conform with the applicable regulations of appropriate governmental
agencies.
12. During construction, best effort measures shall be taken to minimize the potential
of both fugitive dust and runoff sedimentation. Such best effort measures shall be
in compliance with construction industry standards and practices utilized during
construction projects of the State of Hawaii.
13. 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.
14. Access(es) to the proposed development from Mamalahoa Highway, including
channelized intersection improvements with left turn storage lanes and
acceleration and decelerations lanes, shall meet with the approval of the State
Department of Transportation, Highways Division.
15. All interior roadways shall be constructed to County dedicable standards. Public
access to the makai State lands shall be provided for hunting and other
recreational uses meeting with the approval of the Department of Land and
Natural Resources, Wildlife Division.
16. The applicant shall provide adequate water service and back-up facilities or
assurances to meet the demands for fire protection and all domestic related
facilities prior to the issuance of any occupancy permit.
17. An annual progress report shall be submitted to the Planning Department prior to
the anniversary date of the approval 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.
18. Should the applicant require any further amendments or if conditions of approval
are not complied with, Use Permit No. 74 shall be forwarded to the Planning
Commission for reconsideration.
Mr. Sidney Fuke
Page 7
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 contact Eleanor Mirikitani of the Planning Department
West Hawaii Office at 327-3510 or Alice Kawaha of the Planning Department Hilo Office at
961-8288.
Sincerely,
•~~~~1, .
Richard B. Baker, Jr., Chairman
Planning Commission
Lbicceuse74PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
West Hawaii Office
Kazu Hayashida, Director/DOT-Highways, Honolulu
Department of Land and Natural Resources
OJNSYfCF ~~k'
O
LM ,1
Stephen K. Yamashiro
Mayor
,
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ST[ ~F•,,,~.Pp
~.II~Yt~~1 II~ ~.~~tti
PLA1d1~1ING COl1~iY~SI0Io1
25 Aupeani Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 F®x (808) 961-9615
CERTIFIED MAIL
P 101 317 715
APR 0 7 f999
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Special Permit No. 863 (SPP 863)
Applicant: Big Island Country Club and Estates
Request: Amendment to Condition No. 3 (Opening of Facilities)
Tax Map Key: 7-1-OS:Portions.of 9. 10. 26. 39 and 41
The Planning Commission at its duly held public hearing on April 1, 1999, voted to approve
the above-referenced request for an amendment to Condition No. 3 (opening of facilities) of
Special Permit No. 863, which allowed to establish an expanded use of the golf clubhouse and
construction of additional recreational facilities (tennis court/pool/etc.), community park and
volunteer fire facility within the State Land Use Agricultural District. The property is located
on the northwest (makai) side of Mamalahoa Highway opposite the Puu Lani Ranch
Subdivision at Puuanahulu Homesteads, North Kona, Hawaii.
Approval of this request is based on the following:
A favorable recommendation of this request would not be contrary to the
General Plan or the Zoning Code nor the original reasons for the granting of Special
Permit No. 863. The request for an extension of time to open the facilities would not
be contrary to the General Plan or the Zoning Code. The proposed expanded use of
clubhouse facilities and the opening of the recreation center, the community recreation
center and volunteer fire station is still being pursued although at a slower rate because
of the sluggish economic climate in Hawaii. The expenditure of large sums of money
to design and construct facilities has been expended. It is expected that the two year
extension to open the facilities will allow sufficient time for a turnaround in the real
estate development.
The desired use will not adversely affect the surrounding properties. The
surrounding areas- include residential and agricultural uses as well as vacant lands. The
expanded use of the golf clubhouse facilities and the construction of a recreational
center complex would further the attractiveness of the golf course by providing
amenities to its members and to the surrounding community.
Mr. Sidney Fuke
Page 2
Finally, Condition No. 11 is replaced by a new condition, stating that should
the applicant require any further amendments or if conditions of approval are not
complied with, Special Permit No. 863 shall be forwarded to the Planning Commission
for reconsideration.
Therefore, approval of the time extension request is consistent with the original
reasons for granting the Special Permit.
Based on the above considerations, approval of the extension of time until December 1, 2000,
to open the facilities as required by Condition No. 3 is hereby granted subject to the following
revised changes (Material to be deleted is bracketed and material to be added is underscored):
1. The applicant, its successor or assigns shall be responsible for complying with
all stated conditions of approval.
2. Final Plan Approval for the expanded golf clubhouse uses, recreation center,
community recreation center, community recreation center and volunteer fire
station shall be secured from the Planning Department. Plans shall identify all
existing and proposed structures, landscaping, fire protection measures, paved
parking stalls and paved driveway and access roadways associated with the .
proposed uses. Parking shall comply with the requirements of Chapter 25
(Zoning Code). Parking for all functions shall be maintained within the project
sites. Plans for the community park site and the community recreation center
and volunteer fire station shall indicate appropriate landscaping for the purpose
of mitigating any visual and noise impacts which may be generated by the
facilities. A 10-foot wide no-vehicular access planting screen easement shall be
delineated along the project site's entire Mamalahoa Highway frontage,
exclusive of access points and reflected on all plans submitted for Final Plan
Approval review.
3. The expanded use of clubhouse facilities and the opening of the recreation
center, the community recreation center and volunteer fire station shall
[coincide with the opening of the golf course] be completed by
December 1. 2000.
4. Access(es) to the project site shall be constructed in a manner meeting with the
approval of the Departments of Transportation-Highways Division and/or
Public Works, whichever is applicable. The proposed main project access
roadway intersection with the Mamalahoa Highway shall be channelized with a
left turn storage lane which shall be completed prior to the issuance of a
certificate of occupancy for the proposed facilities.
5. The applicant shall provide adequate potable water service and back-up facilities
or assurances to meet the demands for fire protection and the proposed uses
prior to the issuance of a certificate of occupancy for the proposed uses.
6. A final archaeological inventory survey and mitigation 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,
prior to submittal of plans for Plan Approval review. The Plan shall consist of
Mr. Sidney Fuke
Page 3
two subplans; (1) an archaeological data recovery plan for the sites to undergo
data recovery, and (2) a detailed preservation interpretation plan for the sites to
undergo preservation. The preservation interpretation plan shall include buffer
zones, signage, interim protection measures, and long-range preservation
concerns. The Plan shall also detail measures to provide unrestricted assess to
all individuals wishing to visit any burial sites which may be located within the
project site. Proposed mitigation treatment (preservation in place or
disinternment/remternment) for burial sites must be approved by the Historic
Preservation Division's Hawaii Island Burial Council before detailed mitigation
plans are finalized for these sites. The Planning Department and the State of
Hawaii's Historic Preservation Division shall verify in writing the successful
execution of the plan, prior to land altering activities in the area of historic
sites.
7. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken.
8. Use of the clubhouse, recreation center facilities and related facilities beyond
the regular golf course operational hours shall be limited to no later than
10:00 p.m. during the weekdays and 12:00 a.m. during the weekends.
9. The applicant shall comply with all other laws, rules, regulations and
requirements, including those of the Department of Health and Fire
Department.
10. An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval 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.
11. [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; 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). 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.]
Mr. Sidney Fuke
Page 4
Should the alOplicant require an~further amendments or if conditions of
approval are not complied with. Special Permit No. 863 shall be forwarded to
the Plannin~`Commission for reconsideration.
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 Alice Kawaha of the Planning
Department at 961-8288 or Royden Yamasato of the Planning Department West Hawaii Office
at 327-3510.
Sincerely,
Richard B. Baker, Jr., Vice-Chairman
Planning Commission
Lbicce0l.PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
West Hawaii Office
State Land Use Commission
Department of Land & Natural Resources .
Kazu Hayashida, Director/DOT-Highways, Honolulu
J~tr OF;
y~
Stephen K Yamashiro
Mayos
Of,T ri ~r~`
F OF~NP
PLANNING COMMISSION
25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252
(808) %1-8288 • Fax (808) %1-9615
CERTIFIED MAIL
7099 3220 0000 4869 5707
~JUL 2 i 2QG0_
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Special Permit No. 863 (SPP 863)
Applicant: Big Island Country Club & Estates
Request: Amendment to Condition No. 3 (Opening of Facilities)
Tax Map Kew 7-1-S:various
The Planning Commission at its duly held public hearing on July 7, 2000, voted to approve the
above-referenced request for an amendment to Condition No. 3 (opening of facilities) of
Special Permit No. 863, which allowed the establishment of an expanded use of the golf
clubhouse and construction of additional recreational facilities. (tennis court/pool/etc.),
community park and volunteer fire facility. The property is located on the northwest (makai) .
side of Mamalahoa Highway opposite the Puu Lani Ranch Subdivision at Puuanahulu
Homesteads, North Kona, Hawaii.
Approval of this request is based on the following:
Approval of this request would not be contrary to the General Plan or the
Zoning Code nor the original reasons for the granting of Special Permit No. 863. The
request for an extension of time to open the facilities would not be contrary to the
General Plan or the Zoning Code. The applicant has completed plans for the
community center and will be submitting them for Plan Approval review and building
permit processing within the next week. The construction plans for the access have
been completed and are now under review by the State Department of Transportation.
The grading plan for the community park should be completed within the next two
weeks. The on-site infrastructural plans, (i.e. water, sewer, and electricity), should be
finalized within the next month. Thus, from this date, the applicant anticipates a 7-8
month period for completion of the community center and park. Accordingly, the
Mr. Sidney Fuke
Page 2
applicant states that construction of the community center will begin no later than
December 1, 2000 and completed no later than March 1, 2001; and construction of the
volunteer fire station will begin no later than March 1, 2001 and completed no later
than July 1, 2001.
In support of the request, the applicant states "We would like to emphasize that
the applicant has been making every reasonable effort - in spite of the years of sagging
economic condition - to fill its obligation not only to the various conditions of approval
but to the community. For example, the 10-acre park site has already been conveyed
to the Puuanahulu Community Association. After receipt of input from the community,
the construction plans -for the community center have been completed and will be
processed next week. We have also been working with the community to assist in their
efforts to develop a educational and cultural center on State land in Puuanahulu. We
trust that these activities -and more -are indicative of the applicant's efforts to fulfill
its obligations to the community and the applicable conditions of approval. "
Approval of this amendment request would not be contrary to the original
reasons for granting the special permit. The applicant has continually worked to secure _
the necessary approvals from the various departments for the required improvements
within and beyond the boundaries of the project site. Over the years, the applicant has
shown perseverance in managing the many requirements which they have had to deal
with. The applicant secured Final Subdivision Approval on January 18, 2000 for the
Pu`uanahulu community park site. Subsequently on April 20, 2000, the applicant
conveyed the Warranty Deed for said park site to the Pu`uanahulu Community
Association, as required by condition of approval. The applicant has either complied
with, or initiated the process of compliance with other conditions of approval within
the subject special permit. Further, it should be pointed out that the applicant has also
extended its commitment to the community by involving the residents in the area with
job opportunities and training at the project site.
The desired use will not adversely affect the surrounding properties. The
surrounding areas include residential and agricultural uses as well as vacant lands. The
expanded use of the golf clubhouse facilities and the construction of a recreational
center complex would further the attractiveness of the golf course by providing
amenities to its members and to the surrounding community.
Therefore, an approval of the request will be consistent with the original
reasons for granting the Special Permit.
Based on the above considerations, the request for an amendment to open the
facilities as required by Condition No. 3 is hereby granted subject to the following
_
Mr. Sidney Fuke
Page 3
revised changes (Material to be deleted is bracketed and material to be added is
underscored):
1. The applicant, its successor or assigns shall be responsible for complying with
all stated conditions of approval.
2. Final Plan Approval for the expanded golf clubhouse uses, recreation center,
community recreation center, community recreation center and volunteer fire
station shall be secured from the Planning Department. Plans shall identify all
existing and proposed structi:res, landscaping, fire protection measures, paved
parking stalls and paved driveway and access roadways associated with the
proposed uses. Parking shall comply with the requirements of Chapter 25
(Zoning Code). Parking for all functions shall be maintained within the project
sites. Plans for the community park site and the community recreation center
and volunteer fire station shall indicate appropriate landscaping for the purpose
of mitigating any visual and noise impacts which may be generated by the
facilities. A 10-foot wide no-vehicular access planting screen easement shall be
delineated along the project site's entire Mamalahoa Highway frontage,
exclusive of access points and reflected on all plans submitted for Final Plan
Approval review.
3. The expanded use of clubhouse facilities and the [opening] construchQ of the
recreation center, and the community recreation center shall commence no later
than December 1. 2000 and be completed no later than March 1 ~.2001a and the
construction of the volunteer fire station [be completed by December 1, 2000]
shall commence no later than March 1.2001 and be completed no later than
Julv 1. 2001.
4. Access(es) to the project site shall be constructed in a manner meeting with the
approval of the Departments of Transportation-Highways Division and/or
Public Works, whichever is applicable. The proposed main project access
roadway intersection with the Mamalahoa Highway shall be channelized with a
left turn storage lane which shall be completed prior to the issuance of a
certificate of occupancy for the proposed facilities.
5. The applicant shall provide adequate potable water service and back-up facilities
or assurances to meet the demands for fire protection and the proposed uses
prior to the issuance of a certificate of occupancy for the proposed uses.
6. A final archaeological inventory survey and mitigation 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,
Mr. Sidney Fuke
Page 4
prior to submittal of plans for Plan Approval review. The Plan shall consist of
two subplans; (1) an archaeological data recovery plan for the sites to undergo
data recovery, and (2) a detailed preservation/intetpretation plan for the sites to
undergo preservation. The preservation interpretation plan shall include buffer
zones, signage, interim protection measures, and long-range preservation
concerns. The Plan shall also detail measures to provide unrestricted assess to
all individuals wishing to visit any burial sites which may be located within the
project site. Proposed mitigation treatment (preservation in place or
disinternment/reinternment) for burial sites must be approved by the Historic
Preservation Division's Hav~aii Island Eurial Council before detailed mitigation
plans are fmalized for these sites. The Planning Department and the State of
Hawaii's Historic Preservation Division shall verify in writing the successful
execution of the plan, prior to land altering activities in the area of historic
sites.
7. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, wor-k in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it fords that sufficient
mitigative measures have been taken.
8. Use of the clubhouse, recreation center facilities and related facilities beyond
the regular golf course operational hours shall be limited to no later than
10:00 p.m. during the weekdays and 12:00 a.m. during the weekends.
9. The applicant shall comply with all other laws, rules, regulations and
requirements, including those of the Department of Health and Fire
Department. .
10. An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval 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.
11. Should the applicant require any further amendments or if conditions of
approval are not complied with, Special Permit No. 863 shall be forwarded to
the Planning Commission for reconsideration-
Mr. Sidney Fuke
Page 5
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 contact Eleanor Mirikitani of the Planning Department
West Hawaii Office at 327-3510 or Alice Kawaha of the Planning Department Hilo Office at
961-8288.
Sincerely,
Richard B. Baker, Jr., Chairman
Planning Commission
Lbiccespp863PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
West Hawaii Office -
State Land Use Commission
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
a~~.: ' "
~ _
couNT~ of ~IAWA7~.~,~- s STATE OF ~iAV~AII
-
~''''~~"r ~~a~ FILL NO. 67
(Draft 2)
ORDINANCE NO. ~ 9 ~
AN ORDINANCE AMENDING ORDINANCE NO. 94-78, WHICH RECLASSIFIED LANDS
FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT PUUANAHULU
HOMESTEADS, NORTH KONA, HAWAII, COVERED BY TAX MAP -
KEY 7-1-05:9, i0, 22, 2r, 20-?4, 39, "0, 41, 58 c~ 59.
BE IT ORDAINED BY T)<LF COUNCIL OF THE COUNTY OF HAWAII: -
SECTION 1. Ordinance No. 94-78 is amended as follows:
"SECTION 1. Section 25-86, Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Puuanahulu
Homesteads, North Kona, Hawaii, shall be Agricultural (A-1 a):
Beginning at a set rebaz and cap at the Easterly corner of this parcel of land, on the
Southwesterly side of a 25-foot wide Road Reserve (HAmestead Road) and on the
Northwesterly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PUU PANINI" being 1006.94 feet
North and 5250.91 feet East and running by azimuths measured clockwise from True
South:
Thence along t'ne Nor`u,v~•est~rly (maka~) side of Mamalahoa Highway for
the following four (4) courses:
1. 62° 13' 00" 8.13 feet to a rebaz and cap;
Thence along a curve to the left with a radius of 2045.65 feet, the chord
azimuths and distance being;
2. 60° 40' 46" 101.76 feet to a rebaz and cap;
3. 59° 08' S4" 846.01 feet to a found pipe;
~ 4. 59° 11' 00" 149.89 feet to a found pipe in concrete;
~T
5. 149° 08' 00" 326.37 feet along Lot C to a found pipe in concrete;
6. 59° 10' S0" 399.40 ,feet along Lot C to a found pipe in concrete;
7. 329° 12' 00" 331.12 feet along Lot C to a rebar and cap;
Thence along the Northwesterly (makai) side of Mamalahoa Highway for the
following three (3) courses;
8. 56° 55' 00" 3.37 feet to a rebar and cap;
9. 56° 55' 10" 716.93 feet to a found pipe;
10. 56° 5T 00" 472.37 feet to a found pipe;
11. 121° 04' 00" 681.39 feet along TMK: 7-1-05:36, the remainder of
Grant 7540 to a rebar and cap;
12. 8° 18' 00" 153.94 feet along fence and along TMK: 7-1-05:36,
the remainder of Grant 7540 to a rebar and
cap;
13. 13° 18' 00" 89.00 feet along fence and along TMK: 7-1-05:36,
the remainder of Grant 7540 to a rebar and
cap;
14. 24° 47' 00" 674.50 feet along fence, along TMK: 7-1-05:51 and
50, the remainder of Grant 6151 to a found
pipe in concrete;
15. 94° 16' 25" 25.00 feet crossing end of 25-foot old Homestead
Road to a rebar and cap;
16. 94° 23' 30" 154.28 fee± along fence along Lot 26-~ to a found
pipe;
17. 94° 12' 30" 420.73 feet ~l~ng fence along Lot 26A-1 to a found
pipe at fence corner;
18. 4° 25' 25" 433.57 feet along fence along Lot 26A-1 to a found
pipe;
-
19. 53° 34' 00" 24.51 feet crossing the old Homestead Road
(25-foot wide) to a rebaz and cap;
20. 143° 41' 00" 270.50 feet along stonewall along Lot 27-B to a
found nail at middle of stonewall;
21. 143° 24' 00" 310.24 feet along stonewall along Lot 27-B to a
found nail and at middle of stonewall;
22. 32° 35' S0" 537.23 feet along Lot 27-B to a found pipe;
Thence along an old fence line, along State of Hawaii lands for the following
(15) courses;
23. 140° 17' 00" 502.04 feet to a found pipe;
24. 141 ° 54' 00" 369.02 feet to a found pipe;
25. 162° 04' 00" 643.50 feet to a set rebaz and cap;
26. 167° 19' 00" 157.00 feet to a set rebaz and cap;
27. 166° 09' 45" 473.02 feet to a set rebaz and cap;
28. 177° 33' S0" 168.02 feet to a setrebaz and cap;
29. 167° 19' 00" 157.00 feet to a set nail in a found on rock;
30. 171 ° 51' 00" 576.00 feet to a found pipe;
31. 211° 35' 00" 305.03 feet to a found pipe;
32. 224° 52' 00" 141.96 feet to a found pipe;
33. 223° 31' 00" 522.00 feet to a set rebaz and cap;
34. 175° 56' 00" 606.79 feet passing over a set rebar and cap at
545.02 feet to a set nail in a found in a
set stone;
35. 178° 24' 40" 801.47 feet to a found on rock;
36. 241° 51' S5" 677.87 feet to a found on rock;
-3-
37. 245° 07' S0" 373.00 feet to a found on rock;
38. 241 ° 14' OS" 463.15 ,feet along State of Hawaii lands to a found
pipe and rock mazked "XXXVI";
39. 261 ° 34' 25" 531.86 feet along State of Hawaii lands to a found
pipe at fence line;
40. 256° 59' 35" 331.98 feet along a fence line and stonewall, along
State of Hawaii lands to a found spike in
rock and concrete at fence and wall junction;
41. 317° 36' 00" 591.70 feet along stonewall and fence line, along
State of Hawaii lands to a set P.K. Nail at
the West face of stonewall;
Thence following near (paralleling) old fence line.and broken stonewall, along
State of Hawaii lands for the remaining
eleven (11) courses;
42. 324° 55' 00" 684.18 feet to the middle "X" of a rock mazked
"XXXVII";
43. 323° 29' 00" 232.10 feet to a spike in rock;
44. 325° 25' 00" 436.00 feet to a set rebar and cap;
45. 329° 34' 00" 250.00 feet to a set rebaz and cap;
46. 330° 48' 00" 37.90 feet to a set rebaz and cap;
47. 331° 33' 35" 910.42 feet to a set nail and cap in concrete;
48. 325° 13' 00" 120.00 feet to a set rebaz and cap in concrete;
49. 301° 53' 00" 335.82 feet to a set P.K. Nail in rock;
50. 313° 10' 25" 34.65 feet dossing the end of an old 25-foot wide
Homestead Road to a set P.K. Nail in rock;
51. 314° 46' S5" 528.79 feet along the Southwesterly side of the old
Homestead Road to a found on rock
mazked "XXI";
-4-
52. 310° 58' 00" 327.75 feet to the point of beginning and containing
an area of 425.69 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval;
(B) The effective date of the rezoning shall be when:
(1) The applicant provides assurances satisfactory to the 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 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;
(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 thro~:gh its Depar~_ents of Water
Supply and Planning for the actual development of a proven source and
its water transmission and distribution system within one year for the
official date of compliance with Condition B(1); provided that aone-year
extension may be granted by the Planning Director with reasonable and
sufficient justification;
E
-5-
_
(C) Plans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five (5) years from
the effective date of rezoning determined in Condition B. As represented and
agreed to by the applicant, the proposed residential-agricultural subdivision shall
not exceed a maximum limit of 106 one to five-acre sized lots. Prior to the
issuance of Final Subdivision approval of any portion of the subject property,
except for consolidation and resubdivision of existing parcels, the applicant shall
submit to the Planning Director to initiate a change of zone application to
reclassify all lands comprising the 27-hole golf course, the community park and
related recreational faci'_ities inYO an Open-zcned District classification, and the
director shall initiate such rezoning upon the issuance of fuial subdivision
approval;
(D) It shall be demonstrated to the satisfaction of the Planning Director that
agricultural activity is being conducted on the subdivided lots within three years
from the date of Final Subdivision Approval. For the purpose of this condition,
"agriculture" shall be defined as the cultivation of crops, including but not
limited to flowers, vegetables, foliage, and fruits that are propagated for
economic or personal use. An agricultural. activity will be considered
satisfactory
(1) If such activity is implementing a conservation program for the affected
properry(ies), as approved by the applicable soil ar~d water conserr ation
district directors and filed with the Soil Conservation Service;
(2) If it provides a source of income to the person(s) who reside on the
property or;
-6-
(3) If the property is dedicated for agriculture uses in accordance with
applicable Tax Department procedures and that such agriculture
dedication shall be made a deed covenant and duly recorded with the
State Bureau of Conveyances and a copy of the recorded deeds shall be
filed with the Planning Department within one year from the date of
Final Subdivision Approval;
Each approved lot must comply with at least one of the above requirements to
satisfy the conditions of approval of this ordinance;
(E) As agreed to by the applicant, restrictive covenants in the deeds of all the
proposed residential-agricultural Iots shall prohibit the construction of an ohana
dwelling or a second dwelling unit on each Iot. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the approved covenant shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision Approval;
(F) A wastewater disposal system shall be constructed in a manner meeting with the
approval of the State Department of Health and/or the Department of Public
Works, whichever is applicable;
(G) A comprehensive drainage study of the subject property shall be prepared for
the review and approval of the Department of Public Works, in conjunction with
the submittal of plans for subdivision review. Drainage improvements, if
required; shall be constructed in a manner meeting with the approval of the
Department of Public Works, prior to the issuance of Final Subdivision
Approval of the subject property;
-7-
(H) A final archaeological inventory survey and mitigation 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,
prior to submittal of plans for subdivision review. The Plan shall consist of two
subplans;
(1) An archaeological data recovery plan for the sites to undergo data
recovery;
(2) ~ A detailed presen~ation/interYretation plan for the sites to undergo
preservation. The preservation interpretation plan shall include buffer
zones, signage, interim protection measures, and long-range preservation
concerns. The Plan shall also detail measures to provide unrestricted
assess to all individuals wishing to visit any burial sites which may be
located within the project site. Proposed mitigation treatment
(preservation in place or disinternment/reinternment) for burial sites
must be approved by the Historic Preservation Division's Hawaii Island
Burial Council before detailed mitigation plans are finalized for these
sites. The Planning Department and the State of Hawaii's Historic
Preservation Division shall verify in writing the successful execution of
the plan, prior to land altering activities in the area of historic sites;
(I) Should any unidentified sues or remains such. as artifacts, well, bone, or
charcoal deposits,' human burials, rock or coral alignments, pavings or walls be
1.
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it fords that sufficient
mitigative measures have been taken;
-8-
Access(es) to the project site shall be constructed in a manner meeting with the
approval of the Departments of Transportation-Highways Division and/or Public
Works, whichever is applicable. The proposed main project access roadway
intersection with the Mamalahoa Highway shall be channelized with left turn
storage lanes and acceleration and deceleration lanes with appropriate street
lighting which shall be completed prior to Final Subdivision Approval for any
portion of the Agricultural-zoned area within the project site. Guardrails shall
be installed along the project site's Mamalahoa Highway frontage for all lots
requiring protec~ion from highway traffic;
(K) In lieu of the actual construction of infrastructural improvements as required
under Conditions F, G and J, the applicant may enter into an agreement with the
Planning Director to assure the county that the infrastructural improvements will
be constructed together with the appropriate bond, surety or other security
deemed acceptable to the Planning Director and the Corporation Counsel. Upon
execution of such agreement and/or filing of the security with the County, final
subdivision approval for the subject property or portions thereof shall beu.granted
prior to the actual construction of required infrastructural improvements;
(L) The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to park, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution shall be initially based
on the representations contained within the change of zone application and may
be increased or reduced proportionally if the residential-agricultural lot counts
are adjusted. The fair share contribution for each residential -agricultural lot
shall be based on a maximum density for each lot as determined by the zoning
resulting from this change of zone. The fair share contribution in a form of
cash, land, facilities, or any combination thereof shall have a maximum
combined value of $728,984.26. The fair shaze contributions described above
.
-9-
shall be adjusted annually based on the percentage change in the Honolulu
Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the
applicant may construct such facilities related to park, fire, police, solid waste
disposal facilities, sewers and roads with the approval of the appropriate
agency(ies). Any contributions required by this ordinance that exceed the fair
share requirement of the subject property shall, at the applicant's request be
credited towards any of the applicant's future developments that require
infrastructural impact contributions;
(ITT) To p.LSUre the Goals and Policies of the RPcreatio~ dement of the General Plan
are implemented, the applicant shall:
(1) Subdivide and convey in fee, approximately [4.4+].~~ acres of land
within the project site, to the Pu'uanahulu Community Association or its
designee for development as a community park. within six (6 months
from t_he effective date of this amendment. The anvlicant shall be
- ~ r~~pl fe
or
na~~nt of the park's real proper taxes and liability
~ncnranrP for a xw,
o
ve~,~~ez~.pd after- its conveyance to the P~'uanahulu
~ommuni Association ;
(2) as represented by and committed td by the applicant.~jt
.P community
a community recreational center and volunteer fire station shall be
[constructed ±vithin the c~~mmunity nar:: site] comnle".ed 1~D.~cembcr 1.
~QQQ;and
(3) the applicant shall provide metered potable water service equal to three
(3) units of water, as units are defined by the County Department of
Water Supply for use at the community park. Upon the County's
-10-
request, the applicant shall also provide a minimum of one (1) unit of
water to its property line to accommodate a public rest stop.
All necessary approvals to allow the construction of the proposed facilities
within the project site shall be applied for and secured by the applicant with the
completion of its construction [prior to the opening of the golf coursed ~y
Decem ~ 12004;
(N) The applicant shall install pedestrian wallc~vays and bike lanes within the
proposed subdivision development as a means of addressing pedestrian and
bicyclist safety. The location of these walkways and bike lanes, which shall be
determined by the Planning Director in consultation with Na Ala Hele, shall be
indicated on plans submitted for subdivision review;
(O) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision
review. The Plan shall include, but not be limited to, the management of
construction solid waste as well as operating and domestic solid waste generated
by the subject property. Approved recommendations and mitigation measures
shall be implemented at a time and in a manner meeting with the approval of the
. Department of Public Works; '
(P) The applicant shall establish and maintain a landscaping program around the
new electric substation located near the northeast boundary of the subject
properties;
(Q) The applicant, successors or its assigns shall recite in the deeds of all the
proposed agricultural lots within the proposed agricultural lots within the project
site, to be recorded with the Bureau of Conveyances, that all prospective lot
-11-
owners shall be responsible for paying any additional real property taxes owed
as a result of withdrawing the property from dedicated agricultural use to
residential use and shall inform the Director of Finance in writing of any such
changes;
(R) The applicant shall comply with the provisions set forth by the State Department
of Land and Natural Resources for the acquisition of paper homestead roads
relating to the public easement route;
(S; Comply with al' applicablµ laws, rules, regulation. :,nd requirements of the
affected agencies;
(T) 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.
(U) An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval of this change of zone. The report shall
address in detail the status of the development and the compliance with the
conditions of approval. This condition shill remain in effect until all of the
conditions of approval have been complied with and the Planning Director
acknowledges that fu*ther reports are not required;
An initial extension of time for the performance of conditions within the
ordinance, with the exception of Condition P, may be granted by the Planning
Director upon the following circumstances:
-12-
(1) 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;
(2) Granting of the time extension would not be contrary to the General Plan
or Zoning Code;
(3) Granting of the time extension would not be contrary to the original
reasons-.for the granting of the chaage of zone;
(4) 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);
(5) Should the applicant require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
~ Further, should any of the conditions not be met or substantially complied with
in a timely fashion, the Director [shall] may initiate rezoning of the area to its
original or more appropriate designation. "
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-13-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY: _
- _ _
'
, ~ ~
_ _ ~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: ~Y 25 ~ 1999
Date of 1st Reading: May 25 , 1999
Date of 2nd Reading: June 8 , 1999
Effective Date: June 23, 1999
RtFiREdC.E: ~ Cars:cn. 2 4 8. 0 01
APPROVED AS TO FORM AND LEGALITY
~,s~ti,~...,-__
CORPORAT/IO/N/ COOUNSEL
DATED: ~%f r l /
-14-
OFFICE OF THE COUNTY CLERk
County of Hawaii
Hilo , Hawai i
(DRAFT 2) r-•,, r,- ,
~-~•.~r-~
ROLL CALL VOTE
~O 3A~~ E~
Introduced By: Bobby Jean Leithead-Todd Arakaki X
Date Introduced: May 25, 1999 Chung ' ~ '
First Reading: May 2 S, 19 9 9 Elarionoff X
Published: N/A Jacobson
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
Tyler X
Yagong X
8 1 0 0
Second Reading: June 8 , 1999 ROLL CALL VOTE
To Mayor: June 14, 1999 AYES NOES A$S EX
Returned: June 23, 1999 Arakaki X
Effective: June 23, 1999 Chung X
Published: July 6, 1999
Elarionoff X
Jacobson X
REAt,~RKS: Leithead-Todd X
Pisicchio X
Smith X
Tyler - X
Yagong X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted'by the County Council published as
indicated above.
APPROVED AS TQ ,
F AND LEGA I
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII / COUNCIL CNA/RMAN
Date / 7
' NTY CLERK
.4pproi•ecL this day
of 19
Bill No.: 67 !Draft 2 )
Reference: C- 2 4 8/ PC - 2 7
}'OR. CO OF H.~1 It :-111 ~ 9
Ord. No.: `
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AN ORDINANCE AMENDING ORDINANCE NO. 99-76, WHICH AMENDED
ORDINANCE NO. 94-78, WHICH RECLASSIFIED LANDS FROM UNPLANNED (IJ) TO
AGRICULTURAL (A-la) AT PUUANAHULU HOMESTEADS, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41, 58 & 59.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 99-79, which amended Ordinance No. 94-78, is amended
as follows:
"SECTION 1. Section [25-86~ 25-$-2, Article [3] 8, Chapter 25 (Zoning Code) of the
- Hawaii County Code, is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Puuanahulu
Homesteads, North Kona, Hawaii, shall be Agricultural (A-1 a):
Beginning at a set rebaz and cap at the Easterly corner of this parcel of land, on the
Southwesterly side of a 25-foot wide Road Reserve (Homestead Road) and on the
Northwesterly side of Mamalahoa Highway, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PW PANINI" being 1006.94 feet
North and 5250.91 feet East and running by azimuths measured clockwise from True
South:
Thence along the Northwesterly (makai) side of Mamalahoa Highway for
the following four (4) courses:
1. 62° 13' 00" 8.13 feet to a rebaz and cap;
Thence along a curve to the left with a radius of 2045.65 feet, the chord azimuths
and distance being;
2. 60° 40' 46" 101.76 feet to a rebaz and cap;
3. 59° 08' S4" 846.01 feet to a found pipe;
~ I'T G
4. 59° 11' 00" 149.89 feet to a found pipe in concrete;
5. 149° 08' 00" 326.37 feet along Lot C to a found pipe in concrete;
6. 59° 10' S0" 399.40 feet along Lot C to a found pipe in concrete;
7. 329° 12' 00" 331.12 feet along Lot C to a rebar and cap;
Thence along the Northwesterly (makai) side of Mamalahoa Highway for the
following three (3) courses;
8. 56° 55' 00" 3.37 feet to a rebar and cap;
9. 56° 55' 10" 716.93 feet to a found pipe;
10. 56° 57' 00" 472.37 feet to a found pipe;
11. 121° 04' 00" 681.39 feet along TMK: 7-1-05:36, the remainder of
Grant 7540 to a rebar and cap;
12. 8° 18' 00" 153.94 feet along fence and along TMK: 7-1-05:36,
the remainder of Grant 7540 to a rebar and
cap;
13 . 13 ° 18' 00" 89.00 feet along fence and along TMK: 7-1-05:3 6,
the remainder of Grant 7540 to a rebar and
cap;
14. 24° 47' 00" 674.50 feet along fence, along TMK: 7-1-05:51 and
50, the remainder of Grant 6151 to a found
pipe in concrete;
15. 94° 16' 25" 25.00 feet crossing end of 25-foot old Homestead
Road to a rebar and cap;
16. 94° 23' 30" 154.28 feet along fence along Lot 26-B to a found
pipe;
17. 94° 12' 30" 420.73 feet along fence along Lot 26A-1 to a found
pipe at fence corner;
18. 4° 25' 25" 433.57 feet along fence along Lot 26A-1 to a found
pipe;
-2-
_
19. 53° 3'4' 00" 24.51 feet crossing the old Homestead Road
(25-foot wide) to a rebar and cap;
20. 143° 41' 00" 270.50 feet along stonewall along Lot 27-B to a
found nail at middle of stonewall;
21. 143° 24' 00" 310.24 feet along stonewall along Lot 27-B to a
found nail and at middle of stonewall;
22. 32° 35' S0" 537.23 feet along Lot 27-B to a found pipe;
Thence along an old fence line, along State of Hawaii lands for the following
(15) courses;
23. 140° 17' 00" 502.04 feet to a found pipe;
24. 141 ° 54' 00" 369.02 feet to a found pipe;
25. 162° 04' 00" 643.50 feet to a set rebar and cap;
_ 26. 167° 19' 00" 157.00 feet to a set rebar and cap;
27. 166° 09' ~ 45" 473.02 feet to a set rebar and cap;
28. 177° 33' S0" 168.02 feet to a set rebar and cap;
29. 167° 19' 00" 157.00 feet to a set nail in a found on rock; _
30. 171 ° 51' 00" 576.00 feet to a found pipe;
31. 211° 35' 00" 305.03 feet to a fcund pipe;
32. 224° 52' 00" 141.96 feet to a found pipe;
33. 223° 31' 00" 522.00 feet to a set rebar and cap;
34. 175° 56' 00" 606.79 feet passing over a set.rebar and cap at
545.02 feet to a set nail in a found in a
set stone;
35. 178° 24' 40" 801.47 feet to a found on rock;
-3-
36. 241 ° 51' S5" 677.87 feet to a found on rock;
37. 245° 07' S0" 373.00 feet to a found on rock;
3 8. 241 ° 14' OS" 463.15 .feet along State of Hawaii lands to a found
pipe and rock marked "XXXVI";
39. 261 ° 34' 25" 531.86. feet along State of Hawaii lands to a found
pipe at fence line;
40. 256° 59' 35" 331.98 feet along a fence line and stonewall, along
State of Hawaii lands to a found spike in
rock and concrete at fence and wall junction;
41. 317° 36' 00" 591.70 feet along stonewall and fence line, along
State of Hawaii lands to a set P.K. Nail at
the West face of stonewall;
Thence following near (paralleling) old fence line and broken stonewall, along
State of Hawaii lands for the remaining _
eleven (11) courses;
42. 324° 55' 00" 684.18 feet to the middle "X" of a rock marked
"XXXVII";
43. 323° 29' 00" 232.10 feet to a spike in rock;
44. 325° 25' 00" 436.00 feet to a set rebar and cap;
45. 329° 34' 00" 250.00 feet to a set rebar and cap;
46. 330° 48' 00" 37.90 feet to a set rebar and cap;
47. 331 ° 33' 35" 910.42 feet to a set nail and cap in concrete;
48. 325° 13' 00" 120.00 feet to a set rebar and cap in concrete;
49. 301 ° 53' 00" 335.82 feet to a set P.K. Nail in rock;
50. 313° 10' 25" 34.65 feet crossing the end of an old 25-foot wide
Homestead Road to a set P.K. Nail in rock;
51. 314° 46' S5" 528.79 feet along the Southwesterly side of the old
-4-
Homestead Road to a found on rock
marked "XXI";
52. 310° 58' 00" 327.75 feet to the point of beginning and containing
an area of 425.69 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval;
(B) The effective date of the rezoning shall be when:
(1) The applicant provides assurances satisfactory to the 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 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;
(2) An agreement, together with the appropriate bond, surety or other
security deemed acceptable by the Planning Duector, 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 for the
official date of compliance with Condition B(1); provided that aone-year
-5-
extension may be granted by the Planning Director with reasonable and
sufficient justification;
(C) PIans for the proposed subdivision shall be submitted to the Planning
Department and Final Subdivision Approval secured within five (5) years from
the effective date of rezoning determined in Condition B. As represented and
agreed to by the applicant, the proposed residential-agricultural subdivision
shall not exceed a maximum limit of 106 one to five-acre sized lots. Prior to
the issuance of Final Subdivision approval of any portion of the subject
property, except for consolidation and resubdivision of existing parcels, the
applicant shall submit to the Planning Director to initiate a change of zone
application to reclassify all lands comprising the 27-hole golf course, the
community park and related recreational facilities into anOpen-zoned District
classification, and the director shall initiate such rezoning upon the issuance of
final subdivision approval;
(D) It shall be demonstrated to the satisfaction of the Planning Director that
agricultural activity is being conducted on the subdivided lots within three years
from the date of Final Subdivision Approval. For the purpose of this condition, .
"agriculture" shall be defined as the cultivation of crops, including but not
limited to flowers, vegetables, foliage, and fruits that are propagated for
economic or personal use. An agricultural activity will be considered
satisfactory:
. (1) If such activity is implementing a conservation program for the affected
property(ies), as approved by the applicable soil and water conservation
district directors and filed with the Soil Conservation Service;
(2) If it provides a source of income to the person(s) who reside on the
-6-
property or;
(3) If the property is dedicated for agriculture uses in accordance with
applicable Tax Department procedures and that such agriculture
dedication shall be made a deed covenant and duly recorded with the
State Bureau of Conveyances and a copy of the recorded deeds shall be
filed with the Planning Department within one year from the date of
Final Subdivision Approval;
Each approved lot must comply with at least one of the above requirements to
satisfy the conditions of approval of this ordinance;
(E) As agreed to by the applicant, restrictive covenants in the deeds of all the
proposed residential-agricultural lots shall prohibit the construction of an ohana
dwelling or a second dwelling unit on each lot. A copy of the proposed
.covenant(s) to be recorded with the Bureau of Conveyances shall be submitted
to the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the approved covenant shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision Approval;
(F) A wastewater disposal system shall be constructed in a manner meeting with the
approval of the State Department of Health and/or the Department of Public
Works, whichever is applicable;
(G) A comprehensive drainage study of the subject property shall be prepared for
the review and approval of the Department of Public Works, in conjunction
with the submittal of plans for subdivision review. Drainage improvements, if
required, shall be constructed in a manner meeting with the approval of the
-7-
Department of Public Works, prior to the issuance of Final Subdivision
Approval of the subject property;
(H) A fmal archaeological inventory survey and mitigation 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,
prior to submittal of plans for subdivision review. The Plan shall consist of two
subplans;
(1) An archaeological data recovery plan for the sites to undergo data
recovery;
(2) A detailed preservation interpretation plan for the sites to undergo
preservation. The preservation interpretation plan shall include buffer
zones, signage, interim protection measures, and Iong-range preservation
concerns. The Plan shall also detail measures to provide unrestricted
assess to all individuals wishing to visit any burial sites which may be
located within the project site. Proposed mitigation treatment
(preservation in place or disinternment/reinternment) for burial sites
must be approved by the Historic Preservation Division's Hawaii Island
Burial Council. before detailed mitigation plans are finalized for these
sites. The Planning Department and the State of Hawaii's Historic
Preservation Division shall verify in writing the successful execution of
the plan, prior to land altering activities in the area of historic sites;
(I) Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
-8-
archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken;
(J) Access(es) to the project site shall be constructed in a manner meeting with the
approval of the Departments of Transportation-Highways Division and/or
Public Works, whichever is applicable. The proposed main project access
roadway intersection with the Mamalahoa Highway shall be channelized with
left turn storage lanes and acceleration and deceleration lanes with appropriate
street lighting which shall be completed prior to .Final Subdivision Approval for
any portion of the Agricultural-zoned area within the project site. Guardrails
shall be installed along the project site's Mamalahoa Highway frontage for all
lots requiring protection from highway traffic;
(K) In lieu of the actual construction of infrastructural improvements as required
under Conditions F, G and J, the applicant may enter into an agreement with
the Planning Director to assure the county that the infrastructural improvements
will be constructed together with the appropriate .bond, surety or other security
deemed acceptable to the Planning Director and the Corporation Counsel. Upon
execution of such agreement and/or filing of the security with the County, final
subdivision approval for the subject property or portions thereof shall be
granted prior to the actual construction of required infrastructural
improvements;
(L) The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to park, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution shall be initially based
on the representations contained within the change of zone application and may
be increased or reduced proportionally if the residential-agricultural lot counts
are adjusted. The fair share contribution for each residential -agricultural lot
-9-
shall be based on a maximum density for each lot as determined by the zoning
resulting from this change of zone. The fair share contribution in a form of
cash, land, facilities, or any combination thereof shall have a maximum
combined value of $728,984.26. The•fair share contributions described above
shall be adjusted annually based on the percentage change in the Honolulu
Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the
applicant may construct such facilities related to park, fire, police, solid waste
disposal facilities, sewers and roads with the approval of the appropriate
agency(ies). Any contributions required by this ordinance that exceed the fair
share requirement of the subject property shall, at the applicant's request be
credited towards any of the applicant's future developments that require
infrastructural impact contributions;
(M) To ensure the Goals and Policies of the Recreation Element of the General Plan
are implemented, the applicant shall:
(1) Subdivide and convey in fee, approximately 10 + acres of land within
the project site, to the Pu'uanahulu Community Association or its
designee for development as a community park, within six (6) months
from the effective date of this amendment. The applicant shall be
responsible for payment of the park's real property taxes and liability
insurance for a two year period after its conveyance to the Pu'uanahulu
Community Association;
(2) as represented by and committed to by the applicant, construction of the
community park[, a] and community recreational center shall commence
no later than December 1. 2000 and be completed no later than March 1
2001, and the construction of the volunteer fire station shall [be
completed by_December 1, 2000] commence no later than March 1~
-10-
2001 and be completed no later than Julv
1 2001; and
(3) the applicant shall provide metered potable water service equal to three
(3) units of water, as units are defined by the County Department of
Water Supply for use at the community park. Upon the County's
request, the applicant shall also provide a minimum of one (1) unit of
water to its property line to accommodate a public rest stop.
AlI necessary approvals to allow the construction of the proposed facilities
within the project site shall be applied for and secured by the applicant with the
[completion of its construction by] commence construction for the community
Bark and community recreational center shall be no later than December 1, 2000
and completion no later than March 1. 2001. and the continence construction
for the volunteer fire station be no later than March 1 2001 and completion no
later than July 1. 200
(N) :The applicant shall install pedestrian walkways and bike lanes within the
proposed subdivision development as a means of addressing pedestrian and
bicyclist safety. The location of these walkways and bike lanes, which shall be
determined by the Planning Director in consultation with Na Ala Hele, shall be
indicated on plans submitted for subdivision review;
(O) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision
review. The Plan shall include, but not be limited to, the management of
construction solid waste as well as operating and domestic solid waste generated
by the subject property. Approved recommendations and mitigation measures
shall be implemented at a time and in a manner meeting with the approval of the
Department of Public Works;
-11-
(P) The applicant shall establish and maintain a landscaping program around the
new electric substation located near the northeast boundary of the subject
properties;
(Q} The applicant, successors or its assigns shall recite in the deeds of all the
proposed agricultural lots within the proposed agricultural lots within the
project site, to be recorded with the Bureau of Conveyances, that all prospective
lot owners shall be responsible for paying any additional real property taxes
owed as a result of withdrawing the property from dedicated agricultural use to
residential use and shall inform the Director of Finance in writing of any such
changes;
(R) The applicant shall comply with the provisions set forth by the State Department
of Land and Natural Resources for the acquisition of paper homestead roads
relating to the public easement route;
(S) Comply with all applicable laws, rules, regulations and requirements of the
affected agencies;
(T) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the impcsition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
(U) An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval of this change of zone. The report shall
- address in detail the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect until all of the
-12-
conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required;
(V) An initial extension of time for the performance of conditions within the
ordinance, with the exception of Condition B, may be granted by the Planning
Director upon the following circumstances:
(1) 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;
(2) Granting of the time extension would not be contrary to the General Plan
or Zoning Code;
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone;
(4) 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);
(5) Should the applicant require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
(V~ Further, should any of the conditions not be met or substantially complied with
in a timely fashion, the Director may initiate rezoning of the area to its original
or more appropriate designation. "
-13-
SECTION 2. Material to be deleted is bracketed and material to be added is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION ~4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
- ~ . " ~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 23, 2000
Date of 1st Reading: August 23, 2000
Date of 2nd Reading: September 7, 2000
Effective Date: September 18, 2000
E~~ERE~lCce Comm: 868
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-14-
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i 7v4 PC ~ 7-I-O~ I~.C~.C~. ~H -~4. ~°-x"4'1. S~ P~'s5. sF.
~ It~lt ~ (9p•~AR Q~~/CLOPV.nL.°lrT C~~P°'
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii - .
RO1,L CALL VOTE-..-.
AYES_ NOES ~ ' S ~ ~ EX
Introduced By: Bobby Jean Leithead-Todd
Arakaki X
Date Introduced: Auqu s t 2 3, 2 0 0 0 Chung X-
First Reading: Au qu s t 2 3, 2 0 0 0 Elarionoff X
Published: August 31 & September 4, 2000 Jacobson X
Leithead-Todd X
RFrL1ARI:.S:
Pisicchio X
Smith X
Tyler X
Yaong X
8 1 0 0
Second Reading: September 7 , 2 0 0 0 ROLL CALL VOTE
To Mayor: September 11, 2000 AYES NOES ABS EX
Returned: September 18, 2000
Arakaki X
Effective: September 18, 2000
Published: October 2, ~ 2000 Chung X
Elarionoff X
REMARKS Jacobson X
Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
6 1 2 0
I DO HEREBY CERTIFY that the• foregoing BILL was adopted by the County Co7~nci7 published as
indicated above.
APPROVED AS TO ~i
FORM AN LE A
is
DEPUTY CORPORATION COUNSEL
COUNTY OF H/AWA~II- COU 7L C fL41RAL-?N
Date ~ /~~3..r, i ; . ,
C'O~!~ITI' CLERK
.~lpprnverf~~lraus~ t1~r.c ! 0 day
n
f 29~-~ , ?0 ~
Bill No.: 2 9 4
G?~// Reference: C-868/PC-11.1
.G~G~ J ~ ~ ~~.i
.~1 YJR, C'O I TY OF HA I~Y;AII Ord. No
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
March 29, 2001 :'Irk "'F~
' ~ ~
Mr. Christopher Yuen, Director F'1_, ~ ' , _ ; . , , _
County Planning Department ; ; r ,t i
25 Aupuni Street ~ ' ~
Hilo, a-II 96720
Dear Mr. -Yuen:
Subject: 'Time Extension Se~ests -Sig Island County Club
UP 74~SP 863, and Ord. 00-105, TIVIK: 7-1-5: various
This is to confirm my discussion with Ms. Alice Kawaha of your staff this date
regarding the subject matter.
The site work for the park and center started before December 1, 2000 in
compliance with the required start date. As such, the subject requests seek an extension
to complete the community park and recreational center by July 31, 2001 instead of March
1, 2001. The start and completion dates for the volunteer fire station were also requested
to be extended from March 1, 2001 to July 31, 2001 and July 1, 2001 to December 31,
2001, respectively.
Since the requests were made, there have been serious negotiations with a
prospective investor and/or buyer of the project. Although a contract for the construction
of the park and community center has been entered into, negotiations with the prospective
investor and/or buyer have unfortunately led to an unexpected delay in the applicant's
ability to complete the projects within the requested time frame. As such, the applicant
respectfully would like to amend its requests as follow:
Park and Community Center - completion by November 30, 2001
Volunteer Fire Station -start by September 1, 2001 and completion
by February 1, 200~z
Prior to the Commission's hearing on this matter, we can produce the appropriate
contractor's agreement to assure construction of the community center and park and other
information relating to the status of the potential investor and/or buyer of the project.
Please feel free to contact me if you have questions: Thank you very much.
in`cer
S ~RN Y FUKE
Planning Consultant
xc Ms. Noriko Saiga, BICCE
Ms. Kuulei Keakealani, PCA
MHS'-01-01 TUE 12:28 PM P1a,...,ng Dept Kona FAX:808 327356 PAGE 2
~Idra~yi=~,ke, i'lan?~le~g Cons~+~,4
90o c~saMO~. sue. ~t~ • HAo, aaavra~e 86720 v' 0
T~phoe,e: 6~ 9699522 • F'ax: coast sew ~ • tae ue®
~prip 25, 2001
h+lr. Christopher Ytton, Director
P '
C~~ Olx lE~?WA~I
~5 Aaspup~ Street
I~?, HI 9~'y2b
I~r Mr. Yuen:
Srab~ect: 7C4me lEstensi®u ltegwests - kslaa~d Coratr~? Cfoelb
1'uuarrahrr I~lortL YC®na I~: 7.13: V'riousa
The is retAuestis~g tune exteas to the relevant tae wit, Special l~eraait,
and i~aor~ng ~br construction ofthe comrnuuoity paz~Jk vxa ~~re ~erstaorr.
d extexrsivrAS wvosdd rc:~u~ coaz~letiazs ofthe park ate co h'y
Nom 30, 2001 a~ the volaanteer ire stat~a hY Fehr~aaty 1, 2002. 7Cl~i apgsl~c+ des
sat~chate to be accomptisl~ahle. .
JE~o~ver. as in the pasta there is always the passt~~ty that could d,avelop
~+hic}a woutd mutt i~ a stmt dchay a~cr fut511ir~g fleas sx~ssi
feather extea~sious. R.raawiaS t a ~desz adistrativ® ' ii is ~ as ~y '
ialportaet ~ easy prosgcctav~e investor or per of this prajeC# a ~ sa~ntb~ froffi taovv.
At t~ sates taut at as i~artant for the cor~rutity fleet the repres~ted i~pro ~
completed, soor~r rhea .later.
In that regard, vie ~nlci 1a~e to aesully request that you cox.+sidet' a p$^ovlsiott
~ereim the I~~c-tor could gaant a ~ rotumth etztc~on, pravided that t
azrt! appropr~te surety to assure the ticaely eor~tetian ofth~ imps vvitlaim the
istxseivetg? aextet~d peace as ire place.
Slaor~d you have questioass an tlsi~ matt, please feel free to contact . 't'hank you
s ply
SI[! 'Y M. '
P Canqulteort
xc Nds. Nom ~ . .
Puua~h Co tY l~.~aclation
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
Apri127, 2001 r ~ ~ ~.r~ 2 ~ ~
- r '~~\i
Mr. Christopher Yuen, Director LL ~ { `i , i
County Planning Department
25 Aupuni Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Tune Extension Ilequests -Big Island Country Club
Puuanahulu, Nortb Kona, HIZ TMK: 7-1-005: Various
Regarding comments from the Department of Public Works on this matter, it is my
understanding -based on discussions with the applicant and the affected property owner -
that the floodwater that affected the property during the November 1, 2000 storm was partially a
result of stormwater that was not property captured within the Puu Lani Ranch Subdivision.
Apparently, the drywells within the Subdivision collapsed, rendering them useless during this critical
period. The applicant has been assisting the affected property owner in working this matter out both
with the developer of the Puu Lani Ranch and the State and County.
Notwithstanding the above, the applicant is aware that a culvert was shown on the grading
plan. This area is part of a proposed subdivision road (Road B) for the project. Although tentative
approval for the subdivision has been granted, that road and most of the other required infrastructure
have not been constructed. It is hoped that this project will get implemented sooner than later with
either the current owner or the potential investor.
The applicant believes that when repairs to the drainage system within the Puu Lani Ranch
Subdivision are made, floodwater going to the affected property should be considerably less, if at all.
Nonetheless, with the construction of the road and culvert, whatever floodwater that may still go
through the affected property will be able to more freely pass through and not accumulate.
During the interim, the applicant will continue working with the County and the affected
property owner in addressing this issue. The matter of the alleged violation still needs to be addressed
by the applicant and it will be done.
Should you have questions on this matter, please feel free to contact me. Thank you.
Sincerely, ;
SIDNEY M. ~FUKE
Planning Consultant
xc DPW -Engineering Division
BICCE w/ enclosure
~ k~~'T
. ,
~"z--' l C
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
En~r~mental Reports
r.
r 4 q'~ }t'T may. J r 1
April 12, 2001 - .
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Time Extension Requests -Sig Island Country Club
Puuanahulu, North I~ona~ HI, TlO~II~: 7-1-5: various
Thank you for providing me with a copy of comments from the County Real Property
Tax Division.
The last payment was made earlier this year. The applicant is aware of the current
delinquency of $58,000+ for the amount due on February 20, 2001 and will make every effort
to clear this delinquency within the current calendar year.
Over the past few months, the applicant has had meaningful discussions with a
potential investor. Said investor is totally aware of the assets and liabilities of the project,
including the outstanding taxes. Should the requested extension be approved, the applicant
believes that investor interest will increase dramatically, making the immediate resolution of
this matter more likely.
The applicant respectfully requests your understanding of this matter and assures you
that every effort to clear this matter will be made before the end of the year.
Should you have further comments or questions on this matter, please feel free to
contact me. Thank you very much.
Sincerely,
.
SIDNEY M. FUKE
Planning Consultant
xc Real Property Tax Division
Big Island Country Club and Estates w/ enclosure
_ ~