HomeMy WebLinkAboutCOM 0768.000 2000-2002
Harry m ~4r ®F y9°g~
Mayor Ki Dixie Kaetsu
Managing Director
a~ .tr
a;. Peter T. Young
rp>N~as Deputy Managing Director
County of Hawaii
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
October 2, 2002
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. 97-99 (REZ 470)
Applicant: Gamrex, Inc.
Request: To Amend Condition I to Provide a Time Extension for
Securing Final Plan Approval
Tax Map Key: 7-6-21:4, 9-13 & 15-17
As required by Chapter 4, Sec. 6-4.3(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 request.
Sincer ly,
Harry Kim
Mayor
L090602
Enclosures
cc: Planning Department
/ ff tlom"a. Noe
File No.
Ref. To:
Ref. Date
~9~gY ~ yq~
Harry Kim 9
Mayor
~ri aaa~
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • Fax(808)961-8742
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. 97-99 (REZ 470)
Applicant: Gamrex, Inc.
Request: To Amend Condition I to Provide a Time Extension for
Securing Final Plan Approval
Tax Map Key: 7-6-21:4, 9-13 & 15-17
The Planning Commission, after a duly held public hearing on September 6, 2002, voted to
recommend for your approval the proposed legislative bill to amend Condition I of Change of
Zone Ordinance No. 97-99, as amended by Ordinance Nos. 84-23, 84-42, 88-4, 90-62, 91-96,
93-26 and 94-34, to provide a time extension for securing final plan approval. The subject
property is approximately x-175 acres of land located in Holualoa 1 and 2, North Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The inability of the applicant to comply with the requirements of Condition I of
Change of Zone Ordinance No. 97-99 (REZ 470), as amended by Ordinance Nos. 84-23,
84-42, 88-4, 90-62, 91-96, 93-26 and 94-34 are a result of conditions which could not
have been foreseen or are beyond the control of the applicant.
In their letter of May 7, 2002, to the Planning Director, the applicant has
requested an amendment to Ordinance No. 97-99 to allow an additional five (5) year time
extension to fulfill Condition I. The applicant has stated that:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
"Nothing can be built within the RM-5 zoned area until the flood improvements
are built, inspected, dedicated to the County and a LOMAR is issued by FEMA as
set forth in the CLOMR(Case No. 95-09616R)."
A number of governmental reviews and permit approvals, and County Council
approvals of land transfers and grants of easements involving County land, are required
before the flood control system can be constructed.
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
applicant states that it has "persisted in its development efforts for over seventeen (17)
years and remains dedicated to complete the development as envisioned in its original
rezoning request in 1984."
The applicant is actively pursuing the required permits for the flood control
system and is concurrently working on developing Unit 2 of the Single Family
Residential (RS) zoned lands. Infrastructural improvements funded by the applicant will
result in drainage, roadway, and water system improvements within and beyond the
boundaries of the project site. The applicant's ability to secure final plan approval of the
Multiple Family Residential (RM) zoned lands is subject to the approval of the flood
control system. Over the many years the applicant has been before the Commission, the
applicant has shown perseverance in managing the many requirements which they have
had to deal with. The applicant has either complied with, or initiated the process of
compliance with all other conditions of approval within the subject ordinance.
For your favorable consideration, an amendment to Ordinance No. 97-99, which amended
Ordinance Nos. 84-23, 84-42, 88-4, 90-62, 91-96, 93-26 and 94-34, of the County Zoning
Code is transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
We are enclosing a copy of the staff background and State Department of Transportation
comments for your information.
Sincerely,
J
1
Geraldine M. Giffin, Chairman
Planning Commission
Lgamrex02PC
Enclosures
cc: Mr. Gregg Kashiwa
Department of Public Works
Department of Water Supply
Planning Department - Kona
Brian Minaai, Director/DOT-Highways, Honolulu
BENJAMIN J. CAYETANO E "o '4 BRIAN K. MINAAI
GOVERNOR "t '
-P•'n es~..'k'~ DIRECTOR
- - DrPI II Y i-~IkFCUr<5
J s
BMW_
JADINE Y URA.SAKI
GLENN M. OKIMOTO
~ 7,,'i
STATE OF HAWAII ! 7 ` r 16 3 7 IN REPLY REFER TO
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET t'i ~'?;•j;''; ; - WY-PS
HONOLULU, HAWAII 96813-5097 (o " r~~; 6~;,~r,~l IV
-~I ! + r~u! 2.7794
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Dear /M--. "Yuen:
Subject: Amendment to Ordinance 97-99 (REZ 470)
Gamrex, Inc.
TMK: 7-6-24:4, 9-13, & 15-17, Holualoa, North Kona, Hawaii
Thank you for your transmittal requesting our comments regarding the subject amendment
request.
We have no objections to granting a time extension for securing final plan approval for change of
zone ordinance no. 97-99.
If you have any questions, please contact Ronald Tsuzuki, Head Planning Engineer, Highways
Division, at (808) 587-1830.
Very truly yours,
N K. IN I
Director of Transportation
f`
BGamrex02(7-0-21-4)ameiiddle.clocO8/27/02
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GAMREX, INC.
AMENDMENT TO CONDITION I
CHANGE OF ZONE ORDINANCE NO. 97-99 (REZ 470), AS AMENDED BY
ORDINANCE NOS. 84-23, 84-42, 88-4, 90-62, 91-96, 93-26 AND 94-34
GAMREX, INC. is requesting an amendment to Condition I (submit plans and secure
final plan approval for RM zoned area) of Ordinance No. 97-99, as amended by Ordinance
Nos. 84-23, 84-42, 88-4, 90-62, 91-96, 93-26 and 94-34. These ordinances reclassified lands
from Unplanned (U) to Multiple Family Residential (RM-5) and Single Family Residential (RS-
15) zoned districts at Holualoa l and 2, North Kona, Hawaii, TMK: 7-6-21:4, 9-13 and 15-17.
GENERAL INFORMATION
1. Ownership: Gamrex, Inc. (formerly Gamlon Corporation) is the fee simple owner of the
subject properties.
2. State Land Use Amendment: On December 13, 1983, approximately 124.66 acres
("Increment I") of land were reclassified into the Urban District by Decision and Order
dated January 26, 1984. On May 10, 1993, approximately 49 acres ("Increment II") of
land were reclassified into the Urban District.
CURRENT REQUEST
3. Request: The applicant is requesting an amendment to Condition I in Ordinance No. 97-
99 to allow for an additional five (5) year time extension from the date of the amendment
in which to submit plans for development and secure final plan approval of the first
increment of the RM zoned area. See Exhibit A - Applicant's Request for
Amendment to Ordinance No. 97-99.
4. Objective: The applicant's objective is to delay the submittal of plans and securing of
final plan approval for the RM zoned area until all the required governmental approvals
are secured, and construction of the flood control system is complete and dedicated to the
County. Until this flood control system is constructed and dedicated to the County of
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Hawaii, nothing can be approved or constructed within the RM-5 zoned area (TMKs: 7-
6-21:16 and 17). Fulfillment of Condition I (final plan approval for the first increment of
the RM zoned area) of Ordinance No. 97-99 is dependent on prior completion and
dedication of the flood control system to the County of Hawa'i. See Exhibit B -
Location Map.
RELEVANT BACKGROUND INFORMATION
5. Progress to Date (beginning with the most current):
• January 17, 2002 - Special Management Area (SMA) Use Permit Application was
filed with the Planning Department by Gamrex for the portion of the flood control
system that lies makai of Kuakim Highway and in the SMA.
• 2001 - Portions of Royal Poinciana Drive and Kupuna Streets within the Kalam
Makai subdivision, necessary to completion of the flood control system, were
acquired by the County of Hawaii. The flood control system approval process was
temporarily halted until ownership issues were settled for Kupuna Street and the
culvert beneath it which are critical to the proposed flood control improvements.
• September 28, 2001 - Fifth Amendment to Agreement between Gamrex and the
County of Hawai' i Housing Authority was completed for conveyance by Gamrex of a
12.004-acre parcel to the County once flood control improvements are completed on
said parcel, TMK: 7-6-24:25. This is in order to comply with Condition K of
Ordinance No. 97-99.
• March 22, 1996 - Final Environmental Assessment and Negative Declaration for
construction of the flood control system was filed with the Office of Environmental
Quality Control by the Department of Public Works (DPW).
0 March 24, 1995 - Conditional Letter of Map Revision (CLOMR) issued by the
Federal Emergency Management Agency (FEMA) to DPW indicates FEMA's
intention of revising the Flood Insurance Rate Maps (FIRM) after the flood control
system is built.
-2-
• July 8, 1997 - Effective date of Ordinance No. 97-99 which required Gamrex to
submit plans for the first increment of the RM-5 zoned area within five (5) years of
the Ordinance's effective date (Condition I). The plans are contingent upon the prior
approval by the Department of Public Works of a drainage master plan to mitigate
and eliminate any downstream impacts of the development (Condition Q), and the
applicant's completion of on-site and off-site flood control system improvements and
subsequent dedication of improvements to the County. See Exhibit C - Copy of
Ordinance No. 97-99.
6. Actions Requiring County Council Approval: The County presently owns
TMKs: 7-6-21:18 and 19 which roughly approximate the naturally existing flood plains.
The proposed flood control system will take a straighter route and require consolidation
and resubdivision of Gamrex and County owned lands. Any subdivision and land
transfer of County owned lands requires County Council approval. Roadway easements
over the concrete lined channels will be required by Gamrex for access to TMK:7-6-
21:17 (zoned RM-5) which is presently landlocked by County owned drainage easements.
Appropriate bridge locations and roadway alignments servicing Parcel 17 will require
DPW review and approval, and County Council approval of the resulting grants of
easements.
7. Summary of Pending Requirements to Complete Flood Control System
• SMA Use Permit filed and pending.
• Consolidation and resubdivision of Gamrex and County owned lands, subject to
County Council approval.
• Granting of easements by the County, subject to County Council Approval.
• National Pollutant Discharge Elimination Sytem (NPDES) Permit from the
Department of Health - Gamrex and DPW to be co-applicants.
• Waivers or Permits from the U.S. Army Corps of Engineers (Wetlands), the State
Department of Health - Clean Water Branch, and the Department of Land and
Natural Resources (Stream Permit).
• Grading and Building Permits from the County
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8. Development Progress of'Existing Kona Vistas Subdivision (RS-15 zoned). See
Exhibit D - Map of Kona Vistas Units 1 and 2:
• Unit 1 of the Kona Vistas subdivision (RS-15 zoned) has been completed.
• Final Subdivision Approval has been given by the Planning Department for Kona
Vistas Unit 2A (RS-15 zoned). All roadways in Unit 2 will be built and dedicated to
the County, inclusive of the Lako Street connection.
• Construction of Kona Vistas Unit 2A, subject to County approval of the plans, is
expected to begin in 2002 and take one (1) year to complete.
• Important roadway connections at Leilam and Pualam Streets to the Sunset
subdivision have been completed, thus providing safe access for residents south of
Kona Vistas to Kuakini Highway via Lako Street.
• When infrastructural improvements in Unit 2 are completed, Kilohana Street within
the Sunset subdivision will be connected to Lako Street. Lako Street will be
connected to a portion of 'Iolani subdivision, and upon dedication, Lako Street will be
connected from Hualalai Road to Kuakini Highway.
• Another infrastructural benefit of Unit 2 will be an improvement of water pressure
and water service to residents in subdivisions adjacent to Kona Vistas as a result of
looping the mauka water system to the system that presently runs along Kuakini
Highway.
PREVIOUS TIME EXTENSIONS
9. Since May 15, 1984, the effective date of Ordinance No. 84-23 which rezoned
approximately 103 acres of land from Unplanned to RS-15 and 70 acres from Unplanned
to RM-5, five (5) time extensions have been granted in Ordinance Nos. 88-4, 90-62, 91-
96, 93-26, and 97-99. Additionally, two administrative time extensions were granted in
1989 and 1995.
-4-
AGENCIES' COMMENTS
10. Hawaii County Department of Environmental Management - Solid Waste Division (July
17, 2002 Memo):
"Developer shall prepare a Solid Waste Management Plan for review and approval of the
Solid Waste Division, Department of Environmental Management."
11. Department of Water Supply (July 15, 2002 Memo):
"We have reviewed the subject request and have no objections or conditions for it as the
request is only for a five-year time extension. For your information, the applicant has a
water commitment deposit for 352 additional water units that expire on June 30, 2003."
AGENCIES WITH NO COMMENTS OR CONCERNS
12. Fire Department (August 1, 2002 Memo), Department of Land and Natural Resources
(July 31, 2002 Memo), Department of Public Works (July 28, 2002 Memo), Police
Department (July 23, 2002 Memo), and Department of Environmental Management -
Waste Water Division (July 9, 2002 Memo).
AGENCIES - NO RESPONSE
13. Real Property Tax Office, Department of Health, and Department of Transportation.
PUBLIC COMMENTS
14. The Department has not received any objections from the general public or adjacent
landowners.
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KONA 111STAS
May 7, 2002
NAI
Planning Director
County of Hawaii
Planning Department
25 Aupuni Street. Room 109
Hilo, Hawaii 96720
Re: Change of Zone Ordinance No. 84-23 (REZ 470), as amended by Ordinance
Nos. 84-42. 88-4, 90-62. 93-26. 94-34 and 97-99
Gamrex. Inc.
Dear Director Yuen:
Gamrex. Inc. respectfully submits the enclosed request to amend Ordinance No.
97-99. The effective date of said ordinance is July 14, 1997. Condition (1) therein
requires Gamrex to submit plans for the RM 5 zoned area by July 13. 2002. The RM 5
zoned area is identified as Tax Map Keys_ 7-6-21 ~ 16 and 17 being in Holualoa. North
Kona, Hawaii. Gamrex presently has a SMA Use Permit petition pending acceptance
by the Planning Department for a portion of a flood control system for the Horse Shoe
Bend and Holualoa streams.
The system in its entirety begins above the SMA originating at the abandoned
railroad right-of-way. The mauka system lies within the RM 5 zoned area. Approval
and construction of the subject flood control system is required in Condition (Q) in the
subject ordinance. The system will be built on Gamrex and County owned lands within
the RM 5 zoned area. It is critical to RM 5 design and planning and dedication of the
affordable housing parcel to the County. Much of this information is contained in the
SMA petition
There are many logistical hurdles to overcome which include consolidation and
resubdivision of lands contained in the 'as built" system. grants of easements to
Gamrex over and across the channels to Tax Map Key. 7-6--21: 17 which is presently
landlocked by County owned parcels and other County requirements for dedication
Both Gamrex and DP`N are required tc otDlain various other waivers and/or permits prier
to construction The aocroval orocess ^as ceen tortuous 'o date.
EXH1811-1 W
c
As you kriuw, Gar+rrex is presently lacking consents from various lot owners for
the flood channel above Kalani Makai subdivision. This is not the first unforeseen delay
in the approval process. In the meantime, the clock on rezoning deadlines keeps
ticking. Nothing can be built within the RM 5 zoned area until the flood improvements
are built, inspected, dedicated to the County and a LOMB is issued by FEMA as set
forth in the CLOMR (Case No. 95-09616R). The request for amendment outlines the
reasons for a time extension to Condition (1).
At this time there is "light at the end of the tunnel". Gamrex will work diligently in
obtaining all governmental approvals required for the flood control system. The process
requires close coordination with DPW and various other County agencies. Your Kona
office is kept informed of all progress and your office is copied Gamrex's annual report
to the Land Use Commission.
Enclosed herewith is a list of landowners within 300 feet of the RM 5 zoned area.
The application contains no site plan for improvements as there are no immediate
construction plans contemplated. Approved plans will be filed with your office upon
receipt thereof. Please contact me should anything be lacking or with questions
regarding the subject request.
Respectfully submitted,
Gregg Kashiwa
Project Manager
cc: Gamrex/Kona
v 74C-
RE-
L
REQUEST 'O AMENDMENT T ORDINANCE NO. 97-99
Tax Map Keys: 7-5-21:4, 9-13 and 15-17, Third Division
Change of Zone Ordinance No. 34-23 (R 470), as amended by
Ordinance Ness. 84-42, 99-4, 90-62, 93-26, 94-34 and 97-99
By: GAM EX, INC.
11$8 Bishop Street
Suite 903
Honolulu, Hawaii 95913
Kona Telephone Number: 329-9724
Honolulu Telephone Number: 531-6851
REgUEST FOR AMENDMENT TO ORDINANCE NO...97-99
Gamrex, Inc., owner and developer of Tax Map Keys: 7-6-21:4, 9-13 and 15-17,
located and being in Holualoa, North Kona, Hawaii, respectfully submits this request to
amend Ordinance No. 97-99. The subject ordinance whose effective date was July 14,
1997, mandates Gamrex to submit plans for the first increment of the Rl 5 zoned area
within five (5) years of said date as set forth in Condition (l) therein.
-1-
is arr rex is unable to me t the conditioned deadline of July 13, 2002, for the
reasons hereinafter set forth.
FLOOD CONTROL SYSTEM
Aside from the RS 15 zoned lands located on the south side of the Gamrex
loczat I tvkl u north
3.:..._ r 7,E14
'.')K
lands, lies within flood plains as delineated on the Flood Insurance Rate Maps
(FIRM) prepared by the Federal Emergency Management Agency (FMA). The
RM 5 zoned area is identified as Tax Matz Keys: 7-6-21; 16 and 17. Tax Map
Key: 7-6-21: 16 contains a land area of approximately 40.138 acres and Tax
Map Key: 7-6-21: 17 contains a land area of approximately 30.901 acres. These
parcels of land are more particularly shown on the tax maps attached hereto as
Exhibit "A". It should be noted that Tax Map Keys: 7-6-21: 18 and 19 are owned
by the County of Hawaii. The County owned parcels of land within he RM 5
zoned area approximate the courses taken by flood waters from the Horseshoe
Send and Holualoa Streams. Both flood plains presently run through and over
County and Gamrex owned lands on independent courses as shown on Firm
Panel loos. 0926E and 09270 attached hereto as Exhibit "B".
Flood waters from the Horseshoe Bend stream presently flow through the RM 5
zoned area down to and under Queen Kaahumanu Highway through a culvert. The
flood waters then run down the abandoned Waiua Road (Keauhou Middle Road) and
into a lot identified as Tax Map Key: 7-6-24: 32. Water ponds there until it overflows
over Kuakini Highway. There is no culvert under Kuakini Highway for Horse Shoe Bend
waters. When this occurs, Kuakini Highway is closed to traffic. Flood waters after
crossing the highway, then flow through a drainage easement located on the southeast
corner of Kuakini Makai subdivision. This easement area is termed which directs the
waters onto Tax Map Key: 7-6-24: 25 owned by Gamrex, Inc. Parcel 25 is the subject
of Gamrex's Affordable Housing Agreement with the County of Hawaii as required in
Condition (K) of Ordinance No. 97-99. Waters then flow along an earthen berm system
which lies alcove the Kalani Makai subdivision until they converge with Holualea Stream
waters at a point just mauka of Tax Map Key: 7-6-24: 77. The combined confidence
then flows under Kupuna Steet through a culvert into existing flood control
improvements within Kalani Makai and Kamani Trees subdivisions.
Flood waters from the Holualoa Stream (sometimes called the "Holualoa School
Stream") flow downgradient from the abandoned railroad right-of-way over and through
County and Gamrex owned lands to existing culverts under Queen Kaahurnanu and
Kuakini Highways. Once under Kuakini Highway, waters flow haphazardly
downgradient along the north side of Kilohana and Komohana Kai subdivisions until
they merge with Horseshoe Bend Stream waters as detailed above.
-2-
_
Garnrex is required to construct a flood control system as set forth in the Norte
Kona Flood Control Plan (for the Horse Shoe Send and Holualoa streams) which will
extend from the abandoned railroad right-of-way down gradient to the existing culvert
under Kupuna Street in the Kalani Makai subdivision as required in Condition (Q) of
Ordinance No. 97-99. The subject flood control system is the critical path through
Gamrex's rezoning ordinance. Most of the conditions therein hinge on its construction.
The portion of the flood control system below Kuakini highway lies within the S.M.A-
} q
#'IS! i> % ~.`y?}« 6 1., S :A,€'3,A. Permit #-.Yt? #css.:aFi ;`.s _ y s~ "s„io# - wit ti 1h _
s ss:s?g
County Planning Commission. The proposed irmproverndents are extensively detailed
therein and to which reference is hereby made.
Gamrex has been working with the Department of Public Works (DPW), County
of Hawaii, and the County Council in obtaining all required permits, approvals and
ownership of essential nfrastructural elements for the subject flood control system=. To
date, the following has been accomplished:
1. Conditional Letter of Map Revision (CLOMR), PEMA issued to DPW (Case
No. 95-09-0168) on March 24, 1995.
2. Final Environmental assessment (FEA) and Negative Declaration by DPW
filed with the Office of Environmental Quality Control (OEQC) on March 22, 1996.
3. Ownership of portions of Royal Poinciana Drive and Kupuna Streets within the
Kalani Makai subdivision obtained by the County of Hawaii in 2001.
4. Special Management Area (SMA) Use Permit petition filed with the Planning
Department by Gamrex on January 17, 2002 for the portion of the flood control system
that lies miakai of Kuakini Highway. The SMA petition is pending.
The proposed flood control system will join flood waters from the horse Shoe
Send and Holualoa streams at a new convergence point located above Queen
Kaahum2anu Highway and bring the combined confluence under both highways via a
single concrete lined channel to the Kupuna Street culvert. Flood control plans have
been reviewed by Federal, State and County agencies. Gamrex is unable to construct
anything within the RM 5 zoned area (TMK's: 7-6-21: 16 and 17) until such time the
proposed flood control system is completed and dedicated to the County of Hawaii.
The flood control system approval process was temporarily halted until certain
ownership issues were settled for Kupuna Street and the culvert beneath it critical to the
subject flood control improvements. Ownership of Kupuna Street by the County of
Hawaii was accomplished in 2001. Gamrex then proceeded forward in the
governmental approval process for that portion of the flood control system rnakai of
Kuakini Highway. This portion of the systems lies within the Special Management Area
("SIVIX) as delineated by the Planning Department, County of Hawaii. A SMA Use
Permit petition was submitted by Gamrex to the Planning Department on January 17,
2002.
-3-
Aside: from the subject SMA Use Permit, DPW and Gamrex as co-applicants are
required to obtain an NPDES Permit from the State Department of Health ("DOH").
Either waivers or permits are required from the U.S. Army Corps of Engineers
(Wetlands), DLNR (Stream Permit). Thereafter grading and building permits are
required from the County. All planning and permitting costs for this flood control system
are being borne by Gamrex. All construction casts will be borne by Gamrex. The
governmental approval process for the subject flood control system has been time
3
li('.. 1111.::'1 !.,.'I%y~._:.) by r:l(f'f.~~rn ~s:'.r:le+_'s 1're:y(.-)n X co 1 of
Until this flood control system is constructed and dedicated to the County of
Hawaii nothing can be constructed nor approved within the RM 5 zoned area. Gamrex,
for this reason, requests a time extension of five (5) years to Condition (1) of Ordinance
No. 97-99. It is the critical component for satisfaction of several conditions of rezoning
contained in Ordinance No. 97-99.
DEVELOPMENT PROGESS TO DATE
Gamrex has completed Increment 1 within the RS 15 zoned area known as bona
Vistas subdivision. `here are 110 single family residential lots therein with 85 homes
completed to date. It has received Tentative Approval from the Planning Department for
Unit 2A within Increment 2 of the RS 15 zoned area. All roadways in Unit 2 will be built
and dedicated to the County of Hawaii inclusive of the Lako Street connection.
Increment 2 will contain approximately 90 more lots when completed. Construction
subject to County approval of the plans, is expected to begin in June, 2002 and take
one (1) year to complete. Upon completion, all roadways will be dedicated to the
County of Hawaii. The Lako Street extension will link the 50 foot roadway which
presently ends in the lolani subdivision to Kuakini Highway via Kona Vistas subdivision.
When completed, Lako Street will offer Holualoa residents an alternative route to
Kuakini Highway.
Kona Vistas subdivision has provided the County with an expanded real property
tax base and when completed, will add approximately 200 units to the housing stock in
West Hawaii. Important roadway connections (at Leilani and Pualani Streets) to the
Sunset subdivision have been completed which provide residents south of Kona Vistas
safe access to Kuakini Highway via Lako Street.
When infrastructural improvements in Unit 2 are completed, Kilohana Street
within the Sunset subdivision will also be connected to Lako Street. Most importantly,
Lako Street will be connected to the portion within Iolani subdivision. Upon dedication,
Lako Street will be connected from Hualalai Road to Kuakini Highway. Another
important element within Unit 2 is the looping of the mauka water system to the system
that presently runs along Kuakini Highway. This will provide residents in the immediate
area with higher water pressure and continuous water service should a breakage occur
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_
to the Kuakini system.
The Gamrex site sales office is open seven days a week from 10:00 A.M. to 5:00
P.M. Both vacant lot and house package sales are offered. Gamrex has weathered a
prolonged real estate market slump. It has persisted in its development efforts for over
seventeen (17) years and remains dedicated to complete the development as
onvi sio to ill its Original rezoning r 1, qi.-est in 1 84It ` d at-, h.-: r
fruit to its commitment to quality.
AFFORDABLE HOUSING AGREEMENT
Gamrex has entered into an affordable housing agreement with the Hawaii
County !"lousing Authority. The latest agreement is attached hereto as Exhibit "C". Tax
Map Key: 7-6-24:25, having a land area of approximately 12.004 acres will be deeded
without cost to the County once the flood control improvements thereon are completed.
A copy of Tax Map Key: 7-6-24: 25 is attached hereto as Exhibit "D". This agreement
also hinges on construction of the flood control system earlier mentioned. The Office of
Housing and Community Development has been kept apprised on all progress being
wade on governmental approvals for said system. Two (2) year time extensions have
been granted since its original signing based on progress made on governmental
approvals obtained by DPW and Gamrex. Satisfaction of Condition (K) in Ordinance
97-99 requires completion of the subject flood control system.
THE RBI 5 ZONED AREA
The ISM 5 zoned area is incrementally zoned. No work of any kind is permitted
within the RM 5 zoned area until such time as the flood control system is constructed
and dedicated to the County of Hawaii. Planning and engineering within said area is on
hold until such time as the flood control system is approved. The County presently
owns Tax Map Keys: 7-6-21: 16 & 19 which roughly approximates the flood plains as
they exist naturally. The proposed flood control system will take a straighter route and
will require consolidation and resubdivision of County and Gamrex owned lands that will
incorporate the "as built" flood control system. The final "as built surveys will be made
upon completion of the system within the RM 5 zoned area. The approximate location
of the proposed channels are shown on Exhibit "En attached hereto.
Prior to dedication of the system lands presently owned by the County and
Gamrex require consolidation and resubdivision. Any subdivision and land transfer of
County owned lands must be accomplished with the approval of the County Council. In
addition, Gamrex will require roadway easements over the concrete lined channels that
will access and service flax Map Key: 7-6-21:17. The parcel is presently "landlocked"
-5-
by County owned drainage easements. Appropriate bridge locations and roadway
alignments servicing Parcel 17 require DPW review and approval. Resulting grants of
easements require approval by the County Council. Any submission of plans as set
forth in Condition (1) of Ordinance 97-99 is not possible at this time until these
easements, consolidations/subdivisions, and County approvals are in hand. Most of
these items must come before the Planning Commission and County Council for review
ani-31 : pprt_v s!s are in 1--.4a : a,subrioission as v
(1) of Ordinance 97-99 can take place. Preliminary engineering and survey wok has
been done for infrastructure and subdivision of both parcels within the RM 5 zoned
area. Until the beforementioned flood control system has commenced construction, no
further engineering and design work is possible.
The RM 5 zoned area in Increments 1 and 2 will change based on the flood control
system, its approvals, construction and final inspections. Thereafter, detailed mapping
and survey work will be done. Once all ownership and easement issues have been
settled Gamrex can move forward with Increment 1 plans within the RM 5 zoned area
that meet acceptable parameters set forth by the Planning Department and Department
of Public Works.
The proposed flood control system is the critical path for all conditioned
requirements in Ordinance 97-99. Gamrex has been working continuously on its
approval since 1985. The governmental approval process has been long and arduous.
In closing, Gamrex requests an additional five (5) year time extension to
Condition (1) in Ordinance 97-99. Gamrex furthers offers, at this time, that it and the
Department of Public Works, County of Hawaii require additional government approvals
for the proposed flood control system. Gamrex has tried in the past to estimate the time
periods required for these approvals, which have invariably taken much longer than
projected. No time estimate for the approvals are tendered at this time.
SUMMARY
Gamrex has made significant progress as conditioned in Ordinance 97-99. It has
persisted in its development and sales efforts within the RS 15 zoned area known as
Kona Vistas subdivision in spite of depressed real estate markets and economic
conditions. The flood control system, due its nature, requires far more governmental
and environmental review than normal subdivision improvements. In many cases, the
applicant was the Department of Public Works, County of Hawaii. Permits, approvals
and/or waivers when finally completed will include not only the Planning Department,
-6-
Should there be any requirements for additional information or questions
regarding this application, please contact Gregg Kashiwa, project manager, at Gamrex's
Kona telephone number being 329-9724.
Respectfully submitted,
GAMREX, INC.
1
~y
Its President
This 11% day of 2002
-8-
EXHIBIT A
Location Maps
Tax Map
Tax Map Keys: 7-6-21: 16 and 17
r A 1 ie
°rAX MAP KEYS: 7-6 21 : 16 ! 7
Ho~ualpa, Nortq Ko a, d 19
H
awaii.\
`2j ' GW~ ERS : t o Hawa i i
/Gamrex, c.
r
J
T~ I/ P pwdrsa N V.}1 ~~c..~
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19 .
i is 14 13
er.. sf ~999tlI ~ I j°°t.• '
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A
S OF ~(A UALOrB HU/ LAPoOS. HOCUALOA 2 8 3, NO/7TH KO,wA, HAb4'A/l (/arsnes<v t;+or 7 - 5 -131
EXHIBIT
Flood Insurance Rate Maps
FIRM Panel Nos. 09265 and 0927D
Federal Emergency Management Agency (FEMA)
Horse Shoe Bend and Holualoa Stream Flood Plains
ZONE X tc $ y car r
fb G 1
Horseshoe Bend Drainageaca a, 123
ZONE X
453 aao
ZONE X i ~ ~ _ . - - - .
-t: i'>M fi c -6A S'S~ 1
e~ Q O
440
ZONE AE 1
U -
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Q ~ ZONE X
_ -
640
`fit ndt~ \ 7r1 U
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430
r Holualoa Dra:tiageuay
ZONE X
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ILrrsesltrh• Hear( Urnlr+ag
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zoo- ZONE. c i>\ ZO
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16a ZONE AE
/ ZONE X \ \
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f<~9 .~K,ry :Ii*t~Y vet f; ~y i,. ~:TSr.._
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10 ,
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EXHIBIT C
Copy of Affordable Dousing Agreement
This Agreement made this 28th day of September 2001,
by and between GAMREX, INC. (GAMREX), a Hawaii corporation,
whose address is Century Square, Suite 903, 1188 Bi.shnn Str^r~t-,
.,a-,•va.i ` 96813, and the COUNTY OF HAWA:I' I, a municipal
corporation of the State of Hawaii ("County"), through its
County Housing Agency ("CHA"), whose address is 25 Aupuni Street,
Hilo, Hawai'i 96720.
WITNESEETH:
WHEREAS, GAMREX is the owner of land at Holualoa 1 and 2,
North Kona, Hawai'i, identified as TMK: (3)7-6-21: 4, 9-13, and
15-17 (the "subject property"); and
WHEREAS, GAMREX desires to satisfy Condition J of
Ordinance 84-23 and Condition A of the Decision and Order dated
December 13, 1983, by conveying title to 12.004 acres of land
located at Holualoa,, North Kona, Hawai'i, identified as
TMK: 7-6-24: 25, to the County; and
WHEREAS, Section 1 of the agreement executed on
December 7, 1992, was amended on April 18, 1994, extending the
deadline to December 31, 1994; and
WHEREAS, Section 1 of the agreement executed on
December 7, 1992, as amended, was amended on 'May 11, 1995,
ex-znd4na c::e de=dline to December 1, :996; and
72
,f Ll1t:- 4:agr.,eeStleI'!t X cutet"". On
December 7, 1992, as amended, was amended on September 16, 1997,
extending the deadline to December 31, 1998; and
WHEREAS, Section 1 o the agreement executed on
December 8, 1999'
extendina -he deadline to December 31, 2000; and
WHEREAS, both parties desire and it is necessary to amend
Section I 3f the agreement executed on December 7, 1992, as
amended Dr Aoril 18, 1994, Mav 11, 1995, and September 16, 1997,
and Januar,: 3, 1gG9;
NCW, :'HE'~'E';)RE, the parties hereby agree that Section 1 o
the agree:rrnr_ Jar.2d December 1992, as amended, shall be
amended 3s toiIowL:
shall convey the 12.004--acre parcel, identified
as TMK: - to the County on or before Decembe., 31, _2002.
f
G
IN WT NF' have cause J'. t1hi-- agreement
to be executed as of the day and year first above written.
GAMREX, INC.
a Hawai' i corporation
RECOMMEND APPROVAL:
By
Its President
COUNTY OF HAWAI' I
Housing Administrator
Office of Housing and
Community Development
Date: v~~/~ / By
•sxL
It s Managing 01r der 71,Z
APPROVED AS TO FORM AND
LEGALITY:
ZPUTY Corporation counsel
County of Hawai'i
Date: IaJ~ ,
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On this ~7" day of
2001, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, diet say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was signed
and seated in behalf of the County of Hawaii by authority given to said Mayor of the
County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991),
as amended, and assigned by the Mayor to the Managing Director pursuant to
Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said
instrument to be the free act and deed of said County of Hawaii.
Vlf~GINIA M. TO ENT NO
Notary Public, State of Hawaii
My commission expires: 4/22/2005 JR. ? ~'r
m
r~~!®fJ> 0 F t
STATE OF HAWAII
)
S
On this 28`' day of September, 2001, before me personally
appeared SHOICHI KONDO, know to be the person described in and
who executed the foregoing instrument and acknowledged that he
executed the same as his free act and deed.
(is) Donna K.1: Young
Notary Public
First Judicial Circuit
My Commission expires: 8/01/2003
X1IT° D
Tax leap
flax Map Key: 7-6-24: 25
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BIDE NO. 93
ORDINANCE NO. 97 99
M 13
AN GIRDINANCE AMENDING ORDINANCE INO. 84-23 AS Al ENDED Y
ORDINANCE NOS. 84-42, 884, 90-62, 91-96, 93-26 and 94-34, WHICH :ice L- CERTAIN LANDS FROM UNPLANNED TO MULTIPLE F .Y (PUM-5) AND
SINGLE-FAMILY RESMENTIAL (RS-15) ZONED DISTRICT AT HOLUA CA 1 and 2,
NORTH KONA., HAW AR, COVERED BY TAX.M& i£EY'7-6 21; 4, 9-13, AND, 15-17.
BE IT ORDAINED BY THE COUNCIL CR THE COUNTY CR HAWS:
SECTION 1. Ordinance No. 84-23, as amended by Ordinance Nos. 8"2, S84,
90-62, 91-96, 93-26 and 94-34, is further amended as follows.:
"SECTION 2. These charges in district classification are conditioned upon the
following:
(A) the zoning for the property shall be. effective only after: (1):' there are
assurances satisfactory to the Depar=ents of Water Supply and Planning, upon
consultation with the State Department of Health, and the Division of Water and
I-and Development of the State Department of Land and Natural Resources, that
a `eater source of sufficient quality and quantity has been established within two
years from the effective date of this ordinance; provided that a maximum one-
.year extension to the two-year time limit may be granted by the Flaming
Director with reasonable and sufficient justification; and (2) are agreement,
accompanied by an appropriate surety bond or other acceptable security, is
executed with the Department of Water Supply for the actual development of a
provers water source and its water transmission and distribution system within
EXHIBIT C,-
O'ne ,f .'e from ~£?w Kffi-2::.T£ dme of court -li vim- A# c 5lfl o5. a-
dm e a dS`f t4 _ei C,e....
that a one-year extension to the one-year time limit may be granted by~ - the
Planning Director with reasonable and sufficient justification; or (3) the
Department-of Mater Supply-issues- water conunitznent for the proposed
v Y a{u•.daA~,
(I3) no subdivision or development of any portion of the land.shaIl occur unless and
until condition A has been complied with;
(+C) the Planning Director shall be mandated to initiate action for the repeat of dais
ordinance if conditions A or $ have not been complied with;
(D) the petitioner, its assigns of successors, shall be responsible for complying with
all conditions of approval;
(E) the zoning for the 49,L acres designated by the State Land Use Commission as
its second zoning increment shall not become effective until that land is cerrified
by that commission to be within the Urban District;
(F) the zoned area shall be developed in two increments. The first increment
shall consist of a maximum of 59.5+ contiguous acres, and the second, the
remaining area. The effective date of zoning for the second increment shall be
after development has occurred in the first increment, as determined by the
Planning Director. 'Development" means the applicant has completed the on-
site and off-site improvements within the. first increment of the RS zoned area
and has dedicated the roadway to the County;
-2-
_ _
(G) subbdivisiort `..S - lans for first iddbdG".l 8dt &,c of ."a0d dv e `tpt341 E~;~::::
3. . i?k:. {v ed .
~
within one year from the effective date of the zoning. Final subdivision approval
shall be secured within two years from the effective date of this amendment;
(H) the RM zoned area shall be developed in two increments. The first increments
shall consist of a maximum of 42 acres of the Multiple Family Residential zoned
laid and the second increment, the remaining area. the effective date of zoning
for the second increment shall be after the applicant has completed the on-site and
off site improvements of the first increment of the 1 zoned area and has
dedicated the improvements to the County;
a
(I) plans for the development within the first increment of the zoneU area shall be
submitted to the P g Department and final plan approval secured within
[two] years from the effective date of this amendment. Construction shall
cornmence within one year from the date of receipt of final playa approval and be
completed within three years thereafter;
(I) 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;
(K) housing opportunities for Hawaii residents shall be provided in accordance with
the condition imposed by the State Land Use Commission. The number of units
and manner in which they are to be provided shall meet with the approval of the
-3-
r (L) improvements to the intersections with Kuakini Highway and the Kuakini
Highway Extension shall be constructed meeting with the approval of the State
Department of Transportation, Highways Division. The intersection
iaa p$Ovarnents shall be con, to cted concui ently witki the development of the
first increment of the RS or zoned areas, whichever occurs first;
(M) no direct access shall be provided for the lots within the RS zoned area from the
mauka-makai collector road;
(I) the roadways and stubout within the RM zoned area shalt be constructed to
dedicable standards with curbs, gutters, and sidewalks meeting with the
approval of the Department of Public Works and shall be dedicated to the
County of Hawaii upon completion. Where a roadway crosses a zone line or if
a zone line should divide a roadway, the curbs, gutters, and sidewalks shall be
provided for the entire right-of-the-way and shall continue to the nearest
intersection in order to avoid telescoping and to provide consistent
improvement;
at a minimum, roadways and stubouts within the RS zoned area shall be
provided with paved shoulders and paved swales meeting with the approval of
the Department of Public Works and shall be dedicated to the County of Hawaii
upon completion;
(P) the method of sewage disposal shall meet with the approval of the appropriate
governmental agencies;
-4-
. . . . . . . . . . . .
_
1~ f (_ii 4V .a: dA+ .S i g p0arl Shad be Su del eCd (11--.-
y Y .al ll. ICI-i€ Of x f±. 1 or
.4
for review and approval prior to issuance of any subdivision or plan approvals,
The plan shall include, as a minimum, hydrological and hydraulic calculations
for all components of the drainage system, a construction timetable for all
elements of the system, and an analysis of downstream impacts.. Further,
nutigating measures as approved by the Dep ent of Public Works shall be
taken to eliminate any downstream impacts;
(R) an intensive archaeological survey shall be conducted for the entire property and
a report shall be submitted to the Planning Department prior to issuance of any
subdivision or playa approvals;
(S) should any unanticipated archaeological sites be found during land preparation
activities, work shall immediately stop and the Planning Department notified,
Work shall not resume in the affected area until clearance is given by the
Planning Department;
(T) prior to the Final :approval of the second increment, the applicant, its
successors of assigns shall pay for any additional real property taxes owed for
the new residential assessed value of the subject property which was previously
taxed at the agricultural mate; and
(U) an initial exte~asion of time for the performance of conditions within the
ordinance 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
t a ~
ifl { JT AA [9.° t A S;,. ii
,F6 6_ n IA a and 1d4s~ +3
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;
)
gia sstaaia ta extension 'vouaes iai>$ ii6: s:C3ina4 i Sx:stl
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); and
5) if the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action. Further, should any of the conditions
not be met or substantially complied with in a timely fashion, the
Director initiate rezoning of the area to its original or more appropriate
designation."
SECTION 2. Material to be deleted is bracketed. New material is underscored.
SECTION 3. In the event that any portion of the ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-6-
a=""s A~:,a +'ss3.a~'/?A.IE ~99,f lg ?pica'SK ~L ~:8~}2ik.. ..`iiU f-3a,
INTRODUCED BY:
T
Hilo, Hawaii
Date of Introduction: june -18, 1997
June
18• 1997
Date of 1st Reading:
7
Date of 2nd Reading. y 2 'a 31997
Effective Date: jtn~ RU
Corm-
APPROVED AS TFORM AND LEGALITY:
n
CoRpORATION COUNSEL _
DATE: JUL - 1997.
0M- CE OF THE COUNTY CLERY
. m _
Cooney of Hawaii F'.
Iii0
.:.-.-.'t
Introduced By: I bby Jew Leithead-Todd (B R) f AYES NOS ABA E.
Dace Inu-oduced: June 1$, 1997 Arakalci x
First Reading: ~ ' B ~ .1997 Chun I X ~
PuIIschrrd: IAA $:c:li ad-T'Odd x
s....,.....:T .
I
nold
REMARKS.- lifey x
~nt~IIClC9
Smith I
,Tyle X r
4'amon x
0 0 0
ROLL CALL VOA
Second Reading: Only 2, 1997 jE To Mayon 7151 X7 7 ~aB l AS
BS ..x
x
Ile[ursaed: .9t.~~?' ..~S, ,I:997
Effective: !aLIX 1~ ~ 1997 Chung x
Published: Jt~V 22 199 7 Lcithead-Todd
fl ay X
REMARKS.Reynolds X Santanglo x
Smith Tyler x
Yagong 1 0
' 130 HEREBY CER77FYthat the foregoing BILL was adopted by the County Council and published as
ndiccated above. PROVE S TO-
FORM AND LEGALITY:
EPUry CORPORATION COUNSEL
COUN'rY OF HAWAII
Dotes FJUL 8 1991
4pproc-ed/ d this /V do)- g45~C'ILCHAIRMAN
f ~Cb, 19 C77
COUNTY CLERIC
MAYOR. COL!,VTY.OFHA11A11 Bill No.: 93
Reference: C°328/PC--58 99,
Orel. No.:
v
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.44
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21
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EXHIBIT