HomeMy WebLinkAboutCOM 0822.000 1996-1998
William G. Davis
Managing Director
Stephen K. Yamashiro
Mayor - ; Henry Cho
Deputy Managing Director
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(60unfV of ~'Attivml
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • ("P61,8211. Fax (808)-961-65'53
KONA: 75-5706 KuakiN Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
April 22, 1998
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 No. 798 (REZ 798)
Applicant: Kealakekua Development Corporation
Request: Amendment to Conditions B, C & Y of Ordinance No. 95 70
Tax Man Key: 8-2-12:12 and Portion of 1
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
re arding the above-referenced request.
Sine rely,
r
rStephen K. Yamashiro
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LKDCO.MAY
Enclosures
cc: Planning Commission
REZ 798
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Stephen K Yamaehim
Mayor
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PLANNING COMMISSIO]!
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252
FAPR 2 2 1998 (eos) 961-5288 • Fax (808) 961-%15
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 No. 798 (REZ 798)
Applicant: Kealakekua Development Corporation
Request: Amendment to Conditions B, C & Y of Ordinance No. 95 70
Tax MaI2 Key: 8-2-12:12 and Portion of 1
The Planning Commission, after a duly held public hearing on April 17, 1998, voted to
recommend for your approval the proposed legislative bill for an amendment to Conditions B,
C and Y of Ordinance 95 70, which reclassified lands from an Agricultural (A-20a) to
Agricultural (A-la, A-3a, A-200a, A-255a and A-8000a) zoned districts. The amendment to
the conditions relates to water source and system requirement, incremental development and
performance requirement. The property is located between the 2,200- and 6,000-foot
elevation, east (mauka) of Captain Cook and approximately 5,700 feet east of the Mamalahoa
Highway and Koa Road intersection, Kealakekua, Kiloa, Wapunaula, Kalama, Kumu and
Kalamakowali, South 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. 95-70 to ensure that the applicant is not in violation with the time
conditions. The applicant is requesting a five-year extension of time in which to
establish assurances that adequate water sources have been established for the proposed
development. The request is also to amend certain conditions to allow the property to
be developed in a manner that ensures that the infrastructure impacts and concerns are
addressed in a manner that is fair to both the County and the owner. These
amendments will bring the conditions of the rezoning in line with current practices
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
related to ensuring that infrastructure is provided commensurate with the impacts being
generated by the project.
The inability of the applicant to comply with the requirements of Conditions
(B)(1) & (B)(2), C and Y of Change of Zone Ordinance No. 95-70 are a result of
conditions which could not have been foreseen or are beyond the control of the
applicant.
In the letter of November 17, 1997, to the Planning Director, the applicant has
requested amendment to Conditions (13)(1) & (13)(2), C and Y. The applicant has stated
that "we are requesting the correction of a typographical error in Condition (Y) of the
above-referenced ordinance. The reference to Condition (C) in Condition (Y) should
be to Condition (B). As you will note, Condition (B) specifically grants time extension
authority to the Director, and it was not intended that the Director have some additional
extension authority applicable to Condition (B). The intention was that the Director
have discretion to extend the time limit in Condition (C). For example, see Ordinance
No. 94-78, where under the same circumstances, the reference is made correctly to
Condition (B). Also, as a housekeeping matter, we request that the amending
ordinance confirm the intent of Council Resolution 343-96 by deleting that portion of
Condition (13)(2) which concerns bonding, Condition (B)(2)(i) and (ii) remain the same,
and should be incorporated in Condition (B).
"Second, we request an extension of time for a five-year period beginning on
the effective date of the amending ordinance to comply with the requirements of
Condition (B)(1) of Ordinance No. 95-70, which requires proof of an adequate water
source for the development.
"Third, we request that the time period to comply with the requirements of
Condition (C), regarding the submission of plans for the proposed subdivision of the
first increment of the development, be extended from three years to five years after
compliance with the requirements of Condition (B)." Because of the depressed
economy and budgetary constraints, Kealakekua Development Corporation has been
experiencing problems complying with the current performance timetable in which to
establish assurances for adequate water sources and, hence, the development of the
project.
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 has continually worked to secure the necessary approvals from the
Department of Water Supply for the required water source, water transmission and
a e
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
distribution system within the boundaries of the project site. The applicant's ability to
secure Final Subdivision of the Agricultural zoned lands is subject to the approval of
these water system improvements. The applicant has shown perseverance in managing
the many requirements which they have and to deal with. The applicant has either
complied with, or initiated the process of compliance with other conditions of approval
within the subject ordinance.
For your favorable consideration, a draft bill to amend Ordinance No. 95-70 is transmitted.
We are enclosing a copy of the request, a copy of the staff background and additional
testimonies for your information.
Sincerely,
,i Kevin M. Balog, Chairman
Planning Commission
LKDC02.PC
Enclosures
cc: Robert E. Bethea, Esq.
Mr. Sachi Noma
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
Department of Health
Meala0l.sso-4\09\98
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KEALAKEKUA DEVELOPMENT CORPORATION
AMENDMENT TO CONDITIONS B, C AND Y OF
CHANGE OF ZONE ORDINANCE NO. 95-70 (FZ No 798)
Kealakekua Development Corporation has submitted a request for amendment to
Conditions B, C and Y of Ordinance No. 95 70, which reclassified lands from an Agricultural
(A-20a) to Agricultural (A-la, A-3a, A-200a, A-255a, and A-8000a) zoned districts. The
amendment to the conditions relates to water source and system requirement, incremental
development, and performance requirement. The property is located between the 2,200- and
6,000-foot elevation, east (mauka) of Captain Cook and approximately 5,700 feet east of the
Mamalahoa Highway and Koa Road intersection, Kealakekua, Kiloa, Wapunaula, Kalama,
Kumu and Kalamakowali, South Kona, Hawaii, TMK: 8-2-12:12 & Portion of 1.
GENERAL. INFORMATION
1. Land Ownership: Kealakekua Development Corporation purchased the subject
property from Kealakekua Ranch (Greenwell Ranch) in 1990. Kealakekua
Development Corporation is a wholly owned subsidiary of Tokuju Company, Ltd.
BACKGROUND INFORMATION
2. January 9, 1990 - The Planning Director approved Subdivision No. 5845 for a three
lot subdivision.
3. June 6, 1994 - Office of State Planning filed application for State Land Use Boundary
amendment to reclassify approximately 10,895 acres of land from Agricultural to
Conservation.
4. July 8, 1994 - Kealakekua Development Corporation and the Office of State Planning
reached a negotiated settlement for the protection of approximately 8,100 acres for a
minimum of 40 years. KDC agreed to establish a forest management plan for
approximately 8,100 acres for a minimum of 40 years. The property will be placed
under a restrictive covenant to be filed with the Bureau of Conveyances. KDC dropped
a request in Third Circuit Court to invalidate Office of State Planning's Amendment
ATTACH. C-822
(B-232)
petition before the State Land Use Commission affecting KDC's property. The Office
of State Planning withdrew the petition filed with the LUC, seeking the downsize of
approximately 10, 795 acres of KDC land from agricultural to conservation, and has
withdrawn as a party in the Planning Commission's special permit contested case.
5. May 17, 1995 - Change of Zone Ordinance No. 95-70 was approved by the County
Council. (See Exhibit A) Approximately 11,184 acres of land were rezoned from the
Agricultural-20 acres (A-20a) to Agricultural-1 acre (A-la), Agricultural-3 acres
(A-3a), Agricultural-200 acres (A-200a), Agricultural-255 acres (A-255a) and
Agricultural-8000 acres (A-8000a) zoned districts. More specifically, the changes were
as follows:
a. A-20a to A-la: 787.589 acres
b. A-20a to A-3a: 1836.537 acres
c. A-20a to A-200a: 200 acres
d. A-20a to A-255a: 255 acres
e. A-20a to A-8000a: 8106.309 acres
6. May 6, 1997 - An administrative extension of time to Condition B(1) was granted by
the Planning Director until May 23, 1998.
7. Conditions B(I) & B(2), C and Y of Ordinance No. 95-70 state the following:
"(B) the effective date of the change of zone shall be:
(1) when the applicant provides assurance satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State Department
of Health and Department of Land and Natural Resources, that a water
source(s) of sufficient quality and quantity has/have 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; and
(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 through its Departments of Water Supply and
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Planning for the actual development of proven source and its water
transmission and distribution system to County Dedicated Standards
within one year from the official date of compliance with condition B(1);
provided that a one year extension may be granted by the Planning
Director with reasonable and sufficient justification. Such water system
shall be in accordance with the requirements of the Rules and
Regulations and the Water System Standards of the Department of Water
Supply and shall provided sufficient water capacity and pressure for:
(i) domestic purposes for approximately 70 lots makai (west)
of the subject property and located within current Tax
Map Key Plat 8-2-001; and
(ii) fire protection purposes with fire hydrants along Koa
Road and Greenwell Mountain Road meeting with the
approval of the fire department;
"(C) Upon compliance with Condition B(1) and B(2), the subject property shall be
developed in two increments. The first increment shall be comprised of a
maximum of 300 lots zoned A-la and A-3a. The second increment shall be
comprised of the remaining maximum balance of 202 lots. The plans for the
proposed subdivision of the first increment shall be submitted to the Planning
Director within three (3) years from the effective date of the rezoning as
determined in Condition B. Subdivision plans for the second increment may be
submitted to the Planning Director only after a South Kona Mamalahoa
Highway Bypass road has been fully constructed in its entirety between the
approximate vicinity of Keauhou and Captain Cook;
"(Y) an extension of time for the performance of conditions within the ordinance,
with the exception of Condition C, 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
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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); and
(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."
8. July 3, 1996: The County Council adopted Resolution No. 343 96, which states that
"those instances where the required source of water is proven to be located within the
property which is the subject of such zoning ordinance, the ordinance requirement of
executing an agreement between the applicant and the county to ensure the development
of the water transmission and distribution system to such property is rendered moot, as
no transmission and distribution system is needed to provide the required water to the
subject property". Inasmuch as, the completion of water improvements and any other
infrastructural improvements are also required conditions of securing Final Subdivision
Approval. (See Exhibit B - Resolution No. 343 96)
APPLICANT'S REQUEST
9. Objectives: The applicant requests for amendment to Conditions B (1) & (2), C and Y
of Ordinance No. 95-70, which reclassified lands from an Agricultural (A-20a) to
Agricultural (A-1a, A-3a, A-200a, A-255a, and A-8000a) zoned districts.
"First, We are requesting the correction of a typographical error in Condition Y of the
ordinance. The reference to condition (C) in Condition (Y) should be Condition (B).
As you will note , Condition (B) specifically grants time extensions authority to the
Director, and it was not intended that the Director have some additional extension
authority applicable to Condition (B). The intention was that the Director have
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discretion to extend the time limit in Condition (C). Also as a housekeeping matter, we
request that the amending ordinance confirm the intent of the Council Resolution 343-
96 by deleting that portion of Condition (13)(2) which concerns bonding, Condition
(13)(2)(i) and (ii) remain the same, and should be incorporated into Condition (B).
Second, we request an extension of time for a five year period beginning on the
effective date of the amending ordinance to comply with the requirements of Condition
(B(1) of Ordinance 95-70 which requires proof of an adequate water source for the
development. Third, we request that the time period to comply with the requirements
of Condition (C), regarding the submission of plans for the proposed subdivision of the
first increment of the development, be extended from 3 to 5 years after compliance with
the requirements of Condition (B). (See Exhibit C - November 17, 1997 Letter)
STATE AND COUNTY PLANNING DOCUMENT
10. State Land Use Designation: Agricultural
11. General Plan LUPAG Map Designation: Extensive Agricultural
12. County Zoning: Agriculture 20-acre (A-20a)
13. SMA: The property is not situated within the Special Management Area.
14. General Plan Consistency: Economic, Environmental Quality, Flood Control and
Drainage, Historic Sites, Natural Resources and Shoreline, Public Facilities, Public
Utilities, Transportation, Energy, Land Use, Agriculture and Housing Elements goals,
policies and courses of action.
15. Hawaii State Plan Consistency: Economy, Physical environment, Land and Air
Quality, Facility systems for Solid and Liquid Wastes, Water Transportation,
Agriculture, Scenic Natural Beauty, Historic Resources, Socio-cultural advancement
(Leisure) objectives and policies.
DESCRIPTION OF PROTECT SITE AND SURROUNDING ARE
16. Size and configuration: The project site consisting of 11,184 acres is an irregular
oblong shaped parcel with no frontage on the Hawaii Belt Road.
17. Physical Characteristics: Most of the project site contains slope gradients of 5 to 10
percent or less, including the entire upper and middle regions of the site. In the lower
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L
elevations areas, slopes become significantly steeper, reaching gradients of 15 percent
or more. Between the development site and the Hawaii Belt Road, slope gradients area
as much as 20 percent.
18. Soils: Soils within the project site consists of the Honaunau (HND), Kealakekua
(KRD), (KSD), (KRD), Kekake (rKHD), Kiloa (rKXD), Manahaa (MND), Mawae
(rMWD), Hanipoe (HFD), Honuaulu (HVD), Keei (rKDG), Kona (rKVD), Lava Flows
Aa (rLV), Lava Flows Pahoehoe (rLW) and Rock Land (rRO) soil series.
19. Land Study Bureau Soil Rating: "B" (Good), an approximate 90 acre portion situated
at the Southwest boundary of the property, "C" (Fair), a portion of the northwest
boundary of the property, and the remainder in the "D" (Poor) and "E" (Very Poor).
20. ALISH MAP: Portions of the property to the northwest area designated Other
Important Agricultural Lands and the remaining is designated Unclassified.
21. Flora and Fauna: No currently listed or proposed candidate endangered or threatened
plant species were found within the study area (Botanical Assessment survey by Winona
P. Char, Char & Associates) and No habitat for any endangered species of animals
were found on the subject properties. (Survey of the Avifauna and Feral Mammals by
Phillip L. Bruner). However, specific recommendations relative to this issue have been
included in their reports in Appendix F and G.
22. Archaeological: A reconnaissance and assessment was conducted by Cultural Surveys
Hawaii of the entire property has indicated some potential for historic elements. A
detailed archaeological inventory has been prepared for the lower portion of the
property, below 3,100 feet elevation. The Cultural Surveys Hawaii summary stated
that "Archaeology should be little impediment to the development of the project area.
While widely dispersed archaeological site of various types - including prehistoric and
historic Hawaiian sites, Portuguese immigrant dairy sites, Japanese immigrant
homesteads and work areas (coffee fields, charcoal kilns, Koa Mill) and old ranch
features - were observed, they are few in number considering the acreage of the
project. Most of the sites believed to exist within the project area would probably be
evaluated as no longer significant following an archeological inventory survey and
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minimal data recover. It is however probable that a number of specific sites observed
would be desired by the DLNR State Historic Preservation Office for preservation.
These sites would probably include the core compounds at Pawaena, Pauahi, and
Papaloa, the Koa Mill site, some of the best examples of Hawaiian sites and a couple of
the best examples of Japanese immigrant sites. It seems probable that all of the lands
with archeology meriting preservation make up less than 1 % of the project area. These
historic sites are typically small and discrete and could easily be incorporated into
development plans and would be an asset as an equestrian trail destination or as a
cultural feature in a small park space."
23. Flood Insurance Rate Map: Zone X and Zone AE
24. Adjacent Land Uses: To the north is the Hokukano Ranch. The mauka boundary and
upper part of the north boundary is adjacent to Bishop Estate land which is mostly
unused except for occasional grazing. Along the south boundary are forest areas of the
McCandless Ranch and Honaunau Forest Reserve. Between the property's makai
boundary and Mamalahoa Highway are 1 to 60 acre lots used for residential and small
scale agricultural purposes.
PUBLIC FACILITIES AND UTILITIES
25. Access: All roads will be private, non-dedicated and maintained by a Community
Association. The primary access to the project is from Koa Road an 80 foot wide right-
of-way with 4 lanes of pavement at the Shopping Center and a 60 foot right-of-way
with 2 lanes of pavement above. The applicant has oral agreements with the adjacent
landowners for right-of-way acquisition of Koa Road. The interior subdivision
roadways will be developed to private roadway standards with Spines and Collectors
streets with a 60 foot wide right-of-way with 2 lanes of pavement, Local roads with a
50 foot wide right-of-way with 2 lanes of pavement and private dead end streets with a
24 foot wide right-of-way with 2 lanes of pavement. A fully channelized intersection
with traffic signals at the Hawaii Belt Road and Koa Road intersection is planned. The
planning and design of the project's access and roadway system will be coordinated and
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comply with Department of Public Works and State Department of Transportation,
Highways division requirements.
26. Water: The water source for the proposed project will be developed from existing
ground water resources. The petitioner will work with the County Water Commission
to plan and design a water source and distribution system of sufficient quality and
quantity to service the proposed project and meet County needs. The ultimate water
demand for the proposed project is 1,344,000 gallons per day, including 206,000
gallons per day set aside for distribution by the County offsite. The petitioner intends
to dedicate the proposed water system to the County of Hawaii. Lander the proposed
plan to approximately 67 existing farm lots that are located adjacent to and below the
lower property line of the proposed project could be served with a part of the set aside
water. These lots are now on water catchment. The proposed water system plan will
develop a total of four source wells. One of the wells will be for golf course irrigation
and will be dedicated as back up to the domestic wells. The other three source wells
will be dedicated for domestic and agricultural use. Each of the wells shall be capable
of sustaining 350 gallons per minute for 16 hours a day to produce a supply of 336,000
gallons per day. A water agreement will serve as the instrument through which the
petitioner will develop a public water well system and related facilities that will serve
Phase I (225 Agricultural lots including residential uses), the golf course clubhouse and
Farm lots. A private water company will be established to distribute water from
Phase I. The 4 required wells can be located along the southwestern most boundary of
the property. The distribution lines form the source wells will be sized to meet the
peak hourly flow of 5.7 million gallons. The distribution lines will also feed reservoir
tanks which will fulfill the ultimate storage requirement of 1.7 million gallons. The
reservoir tanks, approximately 10, ranging from 0.15 to 0.25 million gallons will be
located at 200' elevation increments to maintain the minimum 40 psi and 125 psi
maximum pressure requirements. The ultimate storage requirement does not include
the golf course irrigation needs because this system will be backed up by the golf
course's own water storage system. A Draft Water Agreement was submitted by
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Kealakekua Development Corporation to the Department of Water Supply in a letter to
the Manager of the Department of Water Supply on May 14, 1993 for consideration by
the Water Commission.
27. Sewage Disposal: The project is located above the Underground Injection Control
(UIC) line and is classified under State regulatory guidelines as a Critical Wastewater
Disposal Area. Under such classification effluent must meet secondary treatment
standards and conditions set by the State Health Department. A 0.04 MGD
prefabricated package wastewater treatment plant will provide secondary treatment to
all lots within one quarter mile radius of the source water wells as required by State
guidelines. The lots not serviced by the sewer system will require State approval to use
individual disposal systems that will most likely be septic systems. The sewer system
will require the minimum 8" diameter gravity pipes for the collector and trunk lines.
Six inch diameter gravity pipes will be used for branch mains in easements which serve
10 lots or less. Six foot wide sewer easements will be provided for branch mains,
collector and trunk lines not located in roadways. The effluent will be disposed of by
leaching fields. The sewage disposal system will be owned and operated by a private
agency established for this purpose.
28. Solid Waste Disposal: The new landfill at Puuanuhulu is expected to be used by the
petitioner for its solid waste disposal. The petitioner will be investigating all possible
on-site reduction and diversion measures to reduce solid waste in conformance with Act
324-91 regarding Solid Waste Management. A site may be designated specifically for
activities such as recycling or composting of greenwaste. The petitioner will identify
and segregate construction waste and investigate composting or recycling options.
Project refuse will be handled by a private hauler.
29. Drainage: The proposed drainage system will provide onsite drainage as well as
protection against increased flood risk to downstream and adjacent properties. The
regional drainage system will consist of the golf course, open equestrian areas, pastoral
areas, drainageways protected by easements and road culverts. Debris basins are also
proposed at the upper limits of the project. Within golf course and open pastoral areas,
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detention basins with drainageways will be used to reduce peak flow rates and aid in
groundwater recharge. Runoff from most of the drainageways will be taken into the
project and routed through the detention basins, with the exception of drainageway 21
(SCS Drainageway 7). This drainageway conveys the largest flow and is not planned to
be altered significantly. A drainage easement will be designated to allow proper and
safe conveyance of the 100-year flood. Energy dissipating structures and basins will be
placed along drainageways to control the flow velocities and protect against excessive
erosion.
30. Electrical Power: HELCO's primary power transmission line in the area is a 69 KV
line that runs overhead along the Hawaii Belt Road. The project's peak demand for
electrical power is projected at 4,700 kilowatt hours daily. Over 50 percent will be
required for pumpage of the domestic water. A substation is required to step down the
power from 69 KV to 12 KV. The substation must be built on or close to the property
to avoid an excessive voltage drop. The line will be overhead because the cost of
placing the line underground is prohibitive. Further, overhead lines already exist along
Koa Road and the petitioner is not empowered to force neighboring property owners to
connect to underground lines. A public hearing will be required for this additional
69kV line.
31. Protective Services: Police protection services are furnished by the Kealakehe Police
Station in Kailua-Kona, with a substation in Captain Cook. Fire protection and
Emergency and Medical Services area provided at the Captain Cook Fire Station.
32. Public Utilities: Schools serving the proposed project situated in close proximity are
the Honaunau Elementary School and Konawaena Elementary, Intermediate and High
School.
33. Utilities: All other essential utilities and/or services are or will be made available to
the subject property.
AGENCIES' COMMENTS
34. Department of Public Works (March 19, 1998 Memo):
"We have reviewed the subject application and have no comments.
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1 a
35. Department of Water Supply (March 23, 1998 Memo):
"We have reviewed the proposed amendments and have no objections."
36. Department of Land and Natural Resources-Land Division (March 24, 1998
Letter):
"Thank you for allowing us the opportunity to review and comment on the proposed
amendment to Zone Ordinance No. 95-70.
"The Department of Land and Natural Resources has no comments to offer on the
subject matter at this time."
37. Department of Land and Natural Resources-HPD (March 24, 1998 Letter):
"This is in response to your Memorandum of March 13, 1998 regarding the subject
application.
"The amendments requested to the above referenced conditions will have 'no effect' on
significant historic sites."
AGENCIES - NO EPONSE
38. Real Property Tax Office, and Health Department.
PUBLIC COMMENTS
39. Fusao Sugai: (See Exhibit D - March 9, 1998 Letter)
40. Tom Goya, Japanese Chamber of Commerce & Industry of Hawaii:
(See Exhibit E - March 20, 1998 Letter)
41. Willy Crozier, Hawaii Operating Engineers Industry Stabilization Fund:
(See Exhibit F -March 25, 1998 Letter)
42. Jeffrey Melrose, Hawaii Island Chamber of Commerce: (See Exhibit G -
March 30, 1998 Letter)
43. Roland Crisafi: (See Exhibit H - March 19, 1998 Letter)
44. Mitsuo Oura: (See Exhibit I - March 12, 1998 Letter)
45. Minoru Inaba: (See Exhibit J - March 19, 1998 Letter)
46. Carol Christianson, Hualalai Flower Farm: (See Exhibit K - April 5, 1998 Letter)
47. Lily N. Kong: (See Exhibit L - March 20, 1998 Letter)
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48. Larry Jose: (See Exhibit M - April 3, 1998 Letter)
49. Skip Cowell: (See Exhibit N - April 2, 1998 Letter)
50. Marge Mulhall: (See Exhibit O - March 19, 1998 Letter)
51. Yoshitaka Takashiba: (See Exhibit P - March 31, 1998 Letter)
52. Morris Kimura: (See Exhibit Q - March 19, 1998 Letter)
53. Byron Pea: (See Exhibit R - April 7, 1998 Letter)
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a
COUNTY OF HAWAII }'STATE OF HAWAII
BILL NO. zzs
(Draft 4)
ORDINANCE NO. 95 70
AN ORDINANCE AMENDING SECTION 25-66 (NORTH AND SOUTH KONA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la), (A-3a), (A-200a),
(A-255a) AND (A-8000a) AT KEALAKEKUA, KILOA, WAIPUNAULA, KALAMA
KUMU, AND KALAMAKOWALI, SOUTH KONA, HAWAII, COVERED BY TAX MAP
KEY 8-2-12:12 AND A PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-86, Article 3, Chapter 25 (Zoning Code)
of the Hawaii County Code, is amended to change the district
classification of properties described hereinafter as follows:
The district classification of the following area
situated at Kealakekua, South Kona, Hawaii, shall be
Agricultural (A-8000a):
PARCEL A:
Beginning at the Southwest corner of this parcel of land,
being also the Southeast corner of Parcel C, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PUU OHAU", being 8,399.29 feet South
and 40,509.01 feet East and thence running by azimuths
measured clockwise from true South:
1. 190° 00' 604.85 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
2. 184° 00' 485.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
3. 182° 00' 665.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commissior
EXHIBIT
P,
Award 8452: 9 to A.
Keohokalole;
4. 177° 00' 987.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
5. 175° 30' 280.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
6. 178° 00' 255.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
7. 175° 30' 450.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
8. 181° 30' 210.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
9. 180° 45' 255.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
10. 179° 15' 625.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607., Land Commission
Award 8452: 9 to A.
Keohokalole;
11. 169° 30' 403.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
-2-
12. 175° 40 300.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
13. 174° 20' 205.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
14. 182° 30' 310.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
15. 83° 00' 81.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
16. 179° 40' 783100 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
17. 177° 30' 130.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
18. 176° 50' 515.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
19. 60° 00' 60.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
20. 148° 00' 591.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
-3-
Award 8452: 9 to A.
Keohokalole;
21. 153° 00' 590.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
22. 148° 00' 500.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
23. 157° 00' 290.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
24. 166° 00' 240.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
25. 170° 00' 315.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
26. 175° 00' 215.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
27. 183° 00' 185.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
28. 191° 00' 150.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
-4-
Y
29. 63° 00' 775.00 feet along Parcel 3, along
remainder of Royal Patencs
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
30. 54° 45' 952.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
31. 63° 30' 625.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
32. 56° 00' 368.00 feet along Parcel 8, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
33. 59° 00' 212.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
34. 68° 00' 145.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
35. 74° 00' 595.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
36. 91° 20' 468.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
37. 62° 30' 240.00 feet along Parcel B, along
remainder of Royal Patents
7533 and 3607, Land Commission
-5-
9
Award 8452: 9 to A.
Keohokalole;
38. 78° 00' 2,926.00 feet along Parcel 2, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
39. 351° 00' 1,340.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
40. 80° 48' 4,110.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to A.
Keohokalole;
41. 236° 53' 50" 14,822.76 feet along Royal Patents 4386
and 7532, Land Commission
Award 6452, Apana 11 to A.
Keohokalole;
42. 293° 30' 2,376.00 feet along Grant 3155 to H.N.
Greenwell;
43. 244° 30' 3,082.83 feet along Grant 3155 to H.N.
Greenwell;
44. 293° 30' 3,286.45 feet along Grant 3155 to H.N.
Greenwell;
45. 281° 10' 2,739.00 feet along Grant 3155 to H.N.
Greenwell;
46. 265° 00' 2,574.00 feet along Grant 3155 to H.N.
Greenwell;
47. 274° 08' 11" 5,800.94 feet along Grant 3155 to H.N.
Greenwell;
48. 256° 42' 37" 5,645.69 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
49. 3570 18' 55" 2,224.10 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
-6-
50. 355' 04 03 4,825.25 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
51. 344° 06 40" 2,390.22 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
52. 13° 08' 43" 2,720.25 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
53. 36° 41' 52" 4,453.95 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
54. 86° 20' 35" 4,810.89 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
55. 102° 43' 24" 4,468.67 feet along Royal Patent 7844,
Land Commission Award 7715,
Apana 12 to Lota Kamehameha;
56. 95° 31' 02" 13,828:78 feet along Royal Patent 4513,
Mahele Award 32 to Kanele, to
the point of beginning and
containing an area of
8,761.309 acres, and excluding
Parcel D (255 acres) and
Exclusion 1 (400 acres)
leaving a net area of
8,106.309 acres. (Refer to
Parcel A, Parcel D, and
Exclusion 1 as shown on
Exhibit "A" - Description of
Exclusion 1 follows.)
EXCLUSION 1: (SITUATED AT KEALAKEKUA, SOUTH KONA, HAWAII)
Beginning at the Southeast corner of this parcel of land, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU OHAU", being 3,462.92 feet
South and 56,389.37 feet East and thence running by azimuths
measured clockwise from true South:
1. 104° 00' 1,667.59 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
2. 104° 36' 37" 368.02 feet along remainder of Royal
-7-
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
3. 137° 51' 14" 907.79 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
4. 94° 22' 45" 515.44 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
5. 88° 09' 13" 87.94 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
6. 101° 40' 53" 339.46 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
7. 140° 46' 46" 360.57 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Awaru 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
8. 197° 41' 11" 320.09 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
9. 219° 45' 43" 131.36 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
-8-
a
9 to A. Keohokalole and also
the southerly boundary of Loz
1-B;
10. 163° 33' 56" 204.04 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
11. 173° 01' 29" 318.79 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole and also
the southerly boundary of Lot
1-B;
12. 169° 00' 935.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
13. 139° 00' 800.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
14. 152° 00' 770.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
15. 174° 00' 855.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
16. 270° 00' 795.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
17. 320° 00' 245.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
18. 297° 00' 1,120.00 feet along remainder of Royal
Patents 7533 and 3607„ Land
Commission Award 8452, Apana
-9-
9 to A. Keohokalole;
19. 275° 00' 675.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
20. 252° 00' 450.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
21. 278° 00' 1,000.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
22. 250° 00' 500.00 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
23. 225° 00' 429.84 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole;
24. 0° 00' 5,243.63 feet along remainder of Royal
Patents 7533 and 3607, Land
Commission Award 8452, Apana
9 to A. Keohokalole, to the
point of beginning, and
containing an area of
400 acres. (Refer to Exclusion
1 as shown on Exhibit "A".)
The district classification of tha following area
situated at Kealakekua, South Kona, Hawaii, shall be
Agricultural (A-3a):
PARCEL B:
Beginning at the Southwest corner of this parcel of land,
being also the Southeast corner of Parcel E, the coordinates
of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU", being
7,428.01 feet South and 30,453.49 feet East and thence running
by azimuths measured clockwise from true South:
1. 173° 00' 4,080.00 feet along Parcel E, along
-10-
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
2. 83° 30' 1,925.00 feet along Parcel E, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
3. 146° 30' 524.96 feet along Parcel E, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 6452: 9 to
A. Keohokalole;
4. 236° 53' 50" 1,030.00 feet alc.ig Royal Patents 4386
and 7532, Land Commission
Award 8452, Apana 11 to
A. Keohokalole;
5. 260° 48' 4,110.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
6. 171° 00' 1,340.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
7. 258° 00' 2,926.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
8. 242° 30' 240.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
9. 271° 20' 468.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
-11-
10. 254° 00' 595.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
11. 248° 00' 145.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
12. 239° 00' 212.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
13. 236° 00' 368.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
14. 243' 30' 625.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
15. 234° 45' 952.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
16. 243° 00' 775.C0 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
17. 11° 00' 150.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
18. 3° 00' 185.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land commission
-12-
Award 8452: 9 to
A. Keohokalole;
19. 355° 00' 215.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
20. 350° 00' 315.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
21. 346° 00' 240.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Laid Commission
Award 8452: 9 to
A. Keohokalole;
22. 337° 00' 290.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
23. 328° 00' 500.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
24. 333° 00' 590.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
25. 328' 00' 591.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
26. 240° 00' 60.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
-13-
4
27. 356° 50' 515.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
28. 357° 30' 130.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
29. 359° 40' 783.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
30. 263° 00' 81.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
31. 2° 30' 310.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
32. 354° 20' 205.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
33. 355° 40' 300.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
34. 349° 30' 403.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
35. 359° 15' 625.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
-14-
Award 8452: 9 to
A. Keohokalole;
36. 00° 45' 255.00 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
37. 1° 30' 79.65 feet along Parcel A, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
38. 101° 00' 777.11 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
39. 40° 00' 3,346.73 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
40. 6° 00' 1,145.00 feet along Parcel C, along
remainder of Royal Patents
7533 and 3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
41. 95° 31' 02" 7,102.32 feet along Royal Patent 4513,
Mahele Award 32 to Kanele, to
the point of beginning and
containing an area of
1,645.207 acres. (Refer to
Parcel B as shown on Exhibit
"A" . )
The district classification of the following area
situated at Kealakekua, South Kona, Hawaii, shall be
Agricultural (A-200a):
PARCEL C:
Beginning at the Southeast corner of this parcel of land,
being.also the Southwest corner of Parcel A, the
coordinates of said point of beginning referred to
-15-
Government Survey Triangulation Station "PUU OKAU", being
6,399.29 feet South and 40,509.01 feet East and thence
running by azimuths measured clockwise from true South:
1. 95° 31' 02" 3,000.00 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
2. 186° 00' 1,145.00 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
3. 220° 00' 3,346.73 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
4. 281° 00' 777.11 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
5. 1° 30' 130.35 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
6. 355° 30' 450.00 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
7. 358° 00' 255.00 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
8. 355° 30' 280.00 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
9. 357° 00' 987.00 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
10. 2° 00' 665.00 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
11. 4° 00' 485.00 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele;
12. 10° 00' 604.85 feet along Parcel A, along
Royal Patent 4513, Mahele
Award 32 to Kanele, to the
-16-
point of beginning and
containing an area of 200
acres, more or less.
(Refer to Parcel C as shown
on Exhibit "A".)
The district classification of the following area
situated at Kealakekua, South Kona, Hawaii, shall be
Agricultural (A-255a):
PARCEL D:
Beginning at the Southwest corner of this parcel of land,
being the coordinates of said point of beginning referred
to Government Survey Triangulation Station "PUU OHAU",
being 4,703.10 feet South and 42,634.04 feet East and
thence running by azimuths measured clockwise from true
South:
1. 183° 00' 1,180.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
2. 153° 00' 1,230.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
3. 258° 30' 120.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
4. 264° 00' 195.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
5. 309° 00' 807.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
6. 233° 30' 1,030.00 feet along remainder of
-17-
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
7. 245° 00' 150.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
8. 275° 00' 275.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
9. 303° 00' 102.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
10. 229° 30' 280.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
11. 239° 00' 110.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
12. 244° 00' 125.00 feet along remainder of
Royal Pa,-ents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
13. 245° 30' 410.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
14. 249° 00' 200.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
-18-
1 ,
A. Keohokalole;
15. 240° 00' 190.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
16. 233° 00' 215.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
17. 225° 00' 500.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
18. 223° 30' 427.47 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
19. 359° 30' 4,307.41 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
20. 88° 30' 806.10 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
21. 89° 15' 1,110.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
22. 183' 00' 415.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: 9 to
A. Keohokalole;
23. 93° 00' 1,875.00 feet, to the point of
-19-
beginning and containing an
area of 255 acres, more or
less. (Refer to Parcel D as
shown on Exhibit "A".)
The district classification of the following area
situated at Kealakekua, Kiloa, waipunaula, Kalama Kumu and
Kalamakowali, South Kona, Hawaii, shall be
Agricultural (A-1a):
PARCEL E:
Beginning at the Southeast corner of this parcel of land,
being also the Southwest corner of Parcel B, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU", being
7,428.01 feet South and 30,453.49 feet East and thence
running by azimuths measured clockwise from true South:
1. 95° 31' 02" 4,097.99 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
2. 21° 15' 42" 1,000.00 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
3. 91° 19' 1,873.51 feet along remainder of
Grant 5206 to F. Deniz;
4. 40° 00' 261.17 feet along remainder of
Grant 5206 to F. Deniz;
5. 62° 00' 282.00 feet along remainder of
Grant 5206 to F. Deniz;
6. 59° 00' 490.00 feet along remainder of
Grant 5206 to F. Deniz;
7. 66° 00' 530.00 feet along remainder of
Grant 5206 to F. Deniz;
8. 155° 59' 14" 2,439.21 feet along remainder of
Grant 5206 to F. Deniz, and
along remainder of Royal
Patent 4497, Land
Commission Award 8559 to G.
Kanaina;
-20-
9. 241° 00' 139.57 feet along Royal Patent
4497, Land Commission Award
8559 to G. Kanaina;
10. 239° 00' 30" 160.75 feet along Royal Patent
4497, Land Commission Award
8559 to G. Kanaina;
11. 154° 00' 112.14 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
12. 146° 00' 517.95 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
13. 48° 22' 45" 42.66 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
14. 155° 00' 1,139.81 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
15. 158° 00' 1,150.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
16. 270° 58' 41" 5,849.79 feet along remainder of
Royal Patents 4386 and
7532, Land Commission
Award 8452: Apana 11 to
A. Keohokalole;
17. 242° 00' 322.90 feet along Royal Patents
4386 and 7532, Land
Commission Award 8452:
Apana 11 to A. Keohokalole;
18. 236° 53' 50" 976.49 feet along Royal Patents
7533 and 3607, Land
-21-
R
Commission Award 8452:
9 to A. Keohokalole;
19. 326° 30' 524.96 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
20. 263° 30' 1,925.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
21. 353° 00' 4,080.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole, to the
point of beginning and
containing an area of
787.589 acres. (Refer to
Parcel E as shown on
Exhibit "A".)
The district classification of the following area
situated at Kealakekua, Kiloa, and Waipunaula, South Kona,
Hawaii, shall be Agricultural (A-3a):
PARCEL F:
Beginning at the Northwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU", being
3,884.80 feet South and 20,507.95 feet East and thence
running by azimuths measured clockwise from true South:
1. 244° 20' 21" 326.06 feet along Royal Patents
4386 and 7532, Land
Commission Award 8452:
Apana 11 to A. Keohokalole;
2. 338° 00' 1,150.00 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
3. 335° 00' 1,139.81 feet along remainder of
-22-
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
4. 228° 22' 45" 42.66 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
5. 326° 00' 517.95 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
6. 334° 00' 112.14 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
7. 59° 00' 30" 160.75 feet along Royal Patent
4497, Land Commission
Award 8559 to G. Kanaina;
8. 61° 00' 139.57 feet along Royal Patent
4497, Land Commission
Award 8559 to G. Kanaina;
9. 149° 39' 05" 82.65 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
10. 84° 19' 45" 37.74 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
11. 103° 10' 30" 69.95 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
12. 113° 51' 220.54 feet along remainder of
Royal Patents 7533 and
-23-
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
13. i47- 22' 20" 179.60 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
14. 222° 42' 20" 99.93 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
15. 160° 04' 20" 156.81 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
16. 155° 31' 20" 137.50 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
17. 152° 32' 20" 179.01 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
18. 152° 48' 50" 692.23 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
19. 155° 21' 20" 130.30 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
20. 156° 31' 20" 112.20 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
-24-
21. 67° 49' 20" 42.28 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Adana 9 to
A. Keohokalole;
22. 166° 28' 20" 422.35 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
23. 163° 56' 50" 254.25 feet along remainder of
Royal Patents 7533 and
3607, Land Commission
Award 8452: Apana 9 to
A. Keohokalole;
24. 158° 04' 50" 328.69 feet along remainder Royal
Patents 7533 and 3607, Land
Commission Award 8452:
Apana 9 to A. Keohokalole,
to the point of beginning
and containing an area of
24.796 acres. (Refer to
Parcel F as shown on
Exhibit "A".)
The district classification of the following area
situated at Kalamakowali, South Kona, Hawaii, shall be
Agricultural (A-3a):
PARCEL G:
Beginning at the Northwest corner of this parcel of land,
being also the Southwest corner of Parcel H, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU", being
8,723.29 feet South and 22,817.78 feet East and thence
running by azimuths measured clockwise from true South:
1. 246° 00' 530.00 feet along remainder of
Grant 5206 to F. Deniz;
2. 239° 00' 490.00 feet along remainder of
Grant 5206 to F. Deniz;
3. 242° 00' 282.00 feet along remainder of
Grant 5206 to F. Deniz;
-25-
G
4. 220° 00' 261.17 feet along remainder of
Grant 5206 to F. Deniz;
5. 271° 19' 1,673.51 feet along remainder of
Grant 5206 to F. Deniz;
6. 21° 15' 42" 1,4B6.02 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
7. 47° 35' 48" 2,004.67 feet along Royal Patent
4513, Mahele Award 32 to
Kanele;
8. 149° 18' 26" 2,301.81 feet along Grant 1613 to
G.B. Kalaau to the point of
beginning and containing an
area of 113.838 acres.
(Refer to Parcel G as shown
on Exhibit "A".)
The district classification of the following area
situated at Kalamakowali, South Kona, Hawaii, shall be
Agricultural (A-3a):
PARCEL H:
Beginning at the Southwest corner of this parcel of land,
being also the Northeast corner of Parcel G, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU OHAU", being
8,723.29 feet South and 22,817.78 feet East and thence
running by azimuths measured clockwise from true South:
1. 61° 28' 1,153.40 feet along Grant 1613 to
G.B. Kalaau;
2. 160° 09' 30.00 feet along Grant 4015 to
Francisco Diniz;
3. 197° 38' 30" 641.10 feet along Grant 4015 to
Francisco Diniz;
4. 144° 20' 269.80 feet along Grant 1610 to
Pupule;
5. 133° 19' 493.90 feet along Grant 1610 to
Pupule;
6. 178° 11' 07" 136.74 feet along Royal Patent
-26-
1669, Land Commission Award
8516-B, Apana 2 to
Kamaikui;
7. 71° 25' 49" 407.83 feet along Royal Patent
4497, Land Commission Award
8559 to G. Kanaina;
8. 152° 18' 55" 434.41 feet along stonewall, along
remainder of Royal Patent
4497, Land Commission Award
8559 to G. Kanaina;
9. 216° 18' 1,080.50 feet along fence, along
remainder of Royal Patent
4497, Land Commission Award
8559 to G. Kanaina;
10. 179° 58' 30" 135.23 feet along remainder of
Royal Patent 4497, Land
Commission Award 8559 to G.
Kanaina;
11. 239° 33' 358.91 feet along Royal Patents
7533 and 3607, Land
Commission Award 8452:
Apana 9 to A. Keohokalole;
12. 335° 59' 12" 2,439•.21 feet along remainder of
Royal Patent 4497, Land
Commission Award 8559 to G.
Kanaina, and along
remainder of Grant 5206 to
F. Deniz, to the point of
beginning and containing an
area of 52.696 acres.
(Refer to Parcel H as shown
on Exhibit "A".)
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following:
(A) the applicant, successors or assigns shall be
responsible for complying with all of the stated
conditions of approval;
-27-
C
(B) the effective date of the change of zone shall be:
(1) when the applicant provides assurance
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/have
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; and
(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
through its Departments of Water Supply and
Planning for the actual development of proven
source and its water transmission and
distribution system to County Dedicable
Standards within one year from the official
date of compliance with condition B(1);
provided that a one year extension may be
granted by the Planning Director with
reasonable and sufficient justification. Such
water system shall be in accordance with the
requirements of the Rules and Regulations and
the Water System Standards of the Department of
Water Supply and shall provide sufficient water
capacity and pressure for:
-28-
(i) domestic purposes for approximately 70
lots makai (west) of the subject property
and located within current Tax Map Key
Plat 8-2-001; and
(ii) fire protection purposes with fire
hydrants along Koa Road and Greenwell
Mountain Road meeting with the approval of
the fire department;
(C) Upon compliance with Condition B(1) and B(2), the
subject property shall be developed in two
increments. The first increment shall be comprised
of a maximum of 300 lots zoned A-la and A-3a. The
second increment shall be comprised of the remaining
maximum balance of 202 lots. The plans for the
proposed subdivision of the first increment shall be
submitted to the Planning Director within three
(3) years from the effective date of the rezoning as
determined in Condition B. Subdivision plans for
the second increment may be submitted to the
Planning Director only after a South Kona Mamalahoa
Highway Bypass road has been fully constructed in
its entirety between the approximate vicinity of
Keauhou and Captain Cook;
(D) After Final subdivision Approval is granted for the
last phase of the subdivision of the subject
property, the Planning Director shall initiate an
amendment to the zoning of the golf course area
into a more appropriate zoning classification to
insure that the golf course area is not subdivided;
-29-
E) The applicant shall reserve in perpetuity a 200-foot
wide easement along the subject property,s western
boundary and the parcels designated by TMK Nos.:
8-2-01:42-47 and 96-101, comprising of a 150-foot
wide structural setback and a 50-foot wide landscape
buffer. Such easement and the right-of-way
acquisition documents for the proposed Koa Road
access corridor shall be delineated on plans
submitted for subdivision review of the first
increment. The Koa Road corridor alignment shall be
generally located south of the Kealakekua Shopping
Center at its connection with Mamalahoa Highway, as
represented by the applicant;
(F) a wastewater disposal system shall 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 detailed drainage study of the entire project area
shall be prepared by the applicant for review and
approval by the Department of Public Works prior to
submittal of plans for subdivision review for any
portion of the project site or prior to any land
alteration which^ver comes first. Drainage
improvements, including any flooding mitigation
measures as required by the chief engineer, shall be
constructed and/or installed in a manner meeting
with the approval of the Department of Public Works.
The drainage study may include a program for the
sequenced installment of the drainage system
improvements;
-30-
s ~
H) an archaeological mitigation plan shall be
prepared and submitted for approval by t..e Planning
Director, in consultation with the Department of
Land and Natural Resources-Historic Preservation
Division and Hawaiian community organizations, prior
to submitting plans for subdivision 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 interim protection preservation plan
for the sites to undergo preservation.
Approved mitigation measures shall be
implemented prior to or in conjunction with any
land alterations within the project area.
The Plan shall also include a detailed map of known
lava tube/cave systems located within the project
area and mitigative measures to ensure that the golf
course and related drainage systems do not impact
these cave systems;
(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
archaeological clearance from the Planning Director
when the Director finds that sufficient mitigative
measures have been taken;
-31-
(J) a solid waste management plan shall be prepared
meeting with the approval of the Department of
Public Works prior to submitting plans for the first
increment of the subject property for final
subdivision approval 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 proposed
development. 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;
(K) Roadway improvements and access(s) to the subject
property, including all plans and construction,
shall meet with the approval of the Department of
Public works and/or the State Department of
Transportation. Prior tb the issuance of final
subdivision approval for any portion of the first
increment of the subject property or the issuance
for a certificate of occupancy for any portion of
the golf course, whichever occurs first, such
improvements shall include but not be limited to the
following, subject to final determination by the
planning director in consultation with the chief
engineer:
1. Construct the intersection improvements at the
Mamalahoa Highway-Koa Road intersection,
including signalization and channelization
meeting with the approval of the State
Department of Transportation and the Department
of Public Works;
-32-
J
2. Construct shoulder, road widening, overlay and
restriping improvements to establish a two-way
left turn lane along Mamalahoa Highway from
Kamigaki Market to KeeKee Street;
3. Construct shoulder, drainage, road widening,
overlay and restriping improvements to provide
a south bound left-turn pocket at Haukapila
Street (Kona Hospital intersection); a two-way
left turn lane between Halekii Street and
Haukapila Street; and signalization at the
Mamalahoa Highway-Haukapila Street
intersection; and
4. Widen shoulder areas to provide a minimum of
five southbound and five northbound bus
pullouts along Mamalahoa Highway between Koa
Road and Kuakini Highway.
(L) Subdivision plans for the subject property shall
include road stub outs to its north and south
boundaries below the 3,500 foot elevation and shall
be approved by the Department of Public works and
the Planning Department;
(M) the applicant shall participate in a program to
construct the South Kona Mamalahoa Bypass road and
shall participate in the funding and construction of
any regional roadway improvements as may be required
by the State Department of Transportation, provided
that any costs borne by the applicant shall be
credited and limited to the amount of its fair share
contribution for regional impacts, as required in
Conditions K and P;
-33-
e
(N) To ensure that the Goals and Policies of the
Recreation Element of the General Plan are
implemented, the applicant shall:
1. Designate and provide camping sites and related
equestrian and nature-interpretive trail
systems within the subject property meeting
with the approval of the planning director in
consultation with the director of parks and
recreation. The camping sites may be limited
to members and guests of non-profit
organizations, primarily those serving resident
youth of Hawaii County, registered with the
Department of Commerce and Consumer Affairs of
the State of Hawaii for non-commercialized
recreational or educational purposes. The
applicant shall prepare and submit a
recreational and maintenance plan for the
camping sites meeting with the approval with
the planning director in consultation with the
director of parks and recreation, which shall
include but not be limited to:
i. the number, location and design of the
camping sites and accessways;
ii. availability on a daily year-round basis
except during maintenance and repairs
which shall be at the applicant's expense;
iii. a maintenance and user fee program
comparable to county and state park fees
to offset maintenance cost; and
-34-
iv. Rules and regulations to include but not
be limited to access, use of camping sit=_s
and related trails, to provide for the
health and safety and welfare of the users
and property owners alike.
2. Construct improvements to Greenwell Park as
approved by the planning director in
consultation with the director of parks and
recreation.
(O) In lieu of actual construction of
infrastructural improvements as required under
Conditions F, G, J, K, L, M and N, the applicant may
enter into an agreement with the County to assure
the County that the infrastructural improvements
will be constructed together with the appropriate
bond, surety or other security deemed acceptable by
the Planning Director, appropriate agencies or the
County Council, whichever is applicable. 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;
(P) 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, 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 lot counts are adjusted. The
-35-
R ~
fair share contribution based on the total number of
lots for the first increment shall become due and
payable prior to final subdivision approval of any
portion of the first increment of the subject
property. The fair share contribution for the total
number of lots of the second increment shall be due
and payable prior to final subdivision approval for
any portion of the second increment of the subject
property. The fair share contribution for each 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
acceptable to the director, in consultation with the
affected agencies shall have a maximum combined
value of $3,619,580.00. The fair share contribution
described above shall be adjusted annually beginning
three years after the effective date of this
ordinance, 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 parks,
fire, police, solid waste disposal facilities, and
roads with the approval of the appropriate
agency(ies). Any improvementE constructed by the
applicant to satisfy this condition shall be located
within the region;
(Q) comply with all applicable laws, rules,
regulations and requirements of the affected
agencies;
(R) restrictive covenants in the deeds of all of the
proposed lots within the subject property shall
-36-
t
prohibit the construction of a second dwelling or an
Ghana Dwelling unit. The construction of Farm
Dwellings on each lot may be permitted provided
approval is secured from the Planning Director.
Restrictive covenants for all lots within the
subject property shall require agricultural
activity. A copy of the proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be
submitted to the Planning Department for review and
approval prior to final subdivision approval for any
portion of the first increment of the subject
property. A copy of the approved covenants shall be
recited in an instrument executed by the applicant
and the county and recorded with the Bureau of
Conveyances likewise prior to final subdivision
approval for any portion of the first increment of
the subject property;
(S) a forest management plan for the 8,100 acre site
zoned A-8000a within the subject property, shall be
prepared and submitted for review and approval by
the Planning Director in consultation with the State
Department of Land and Natural Resources, State
Department of Health, State Department of
Agriculture and U.S. Department of Natural Resources
Conservation Service. The forest management plan
shall require the following:
1. Include at a minimum the best forest and
reforestation practices, program for
implementation, public access, recreation
consideration and any other applicable forestry
management criteria, including those of the
State Department of Land and Natural Resources
-37-
i
(i.e. Forest Stewardship Program).
2. The forest management plan shall be included in
a restrictive covenant for the 8,100 acre
parcel, which covenant shall be recorded in the
State of Hawaii Bureau of Conveyances and/or
Land Court. A copy of the covenant to be
recorded shall be filed with the Planning
Director prior to the issuance of final
subdivision approval for any portion of the
first increment of the subject property. A
recorded copy of the covenant shall also be
filed with the Planning Director as soon as
practicable after final subdivision approval of
the first increment.
3. This forest management plan shall govern this
8,100 acre parcel for a period of forty (40)
years and may be terminated upon the approval
of the Board of Land and Natural Resources.
4. Any termination of the said forest management
plan after the 40-year period shall be
considered an amendment to this ordinance,
requiring Count; Council approval by ordinance;
(T) Within the A-8000a zoned area, no infrastructure
improvements shall be allowed except those
improvements required for the maintenance of
existing facilities, those improvements identified
in the forest management plan, and those
improvements within the designated camp sites;
-38-
U) Street lights within the project site shall be
minimized to the best extent practicable and shall
be installed only where required by the Department.
of Public Works for safety purposes;
(V) an integrated pest management plan and noxious weed
control plan shall be submitted for agricultural
uses for review and approval by the Planning
Director in consultation with the Department of Land
and Natural Resources, Forestry and Wildlife
Division;
(W) 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;
(X) an annual progress report shall be submitted to the
Planning Director prior to each 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 conditions of approval have been
complied with and the Planning Director acknowledges
that further reports are not required; and
(y) an extension of time for the performance of
conditions within the ordinance, with the exception
of Condition C, may be granted by the Planning
Director upon the following circumstances:
-39-
(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); and
(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.
(Z) Further, should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original designation.
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.
-40-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL EMBER, CO TY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 3, 1995
Date of 1st Reading: May 3, 1995
Date of 2nd Reading: May 17, 1995
Effective Date: May 23, 1995
APPROVED AS TO FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
DATE :
-41-
Due to the large size of the map for Bill 225, and
its accompanying drafts, it is not a part of the copies, but is on
file at the County Clerk's Office and available for viewing upon
request.
atricia-G Engelhard
COUNTY CLERK
J9N-29-98 THU 11 36 BLACK KONISHI NISHIMURA FAX NO. 8089Rg6788 P.02108
BETHEA, BLACK, NISHIMURA & LEnuEAD
ATTORNEYS AT LAW
688 KINOOLE STREET, SUITE 210
KILO, HAWAII 96720
TELEPHONE(808)961-6006
ROBERT E.BETHEA
RALPH D. BLACK FACSWnE
DF_NWLS I). NIShIMURA (808) 969-6788
A SCOTT LE3711EAD
November 17, 1997
Ms. Virginia Goldstein
Planning Director
County of Hawaii
25 Aupuni Street
T-Wo. Hawaii 96720
Re: Request for Amendments to Ordinance No. 95-70
Kcalakekua Development Corporation
TMX Nos: (3)8-2-12:12 and portion of 1
Dear Ms. Goldstein,
I am writing this letter on behalf of Kealakekua Development Corporation (KDC), the
owner of the above-referenced property. Enclosed is a proposed ordinance which, if adopted,
will amend Ordinance No. 95-70 to accomplish what is requested in this letter.
First, as we have discussed, we are requesting the correction of a typographical error in
Condition (I) of the above-referenced ordinance. The reference to Condition C in Condition (I0
should be to Condition (B). As you will note, Condition (B) specifically grants time extension
authority to the Director, and it was not intended that the Director have some additional
extension authority applicable to Condition (B). The intention was that the Director have
discretion to extend the time limit in Condition (C). For example, see Ordinance No_ 94-79,
where under the same circumstances, the reference is made correctly to Condition (B). Also, as a
housekeeping matter, we request that the amending ordinance confirm the intent of Council
Resolution 343-96 by deleting that portion of Condition (B)(2) which concerns bonding.
Condition (Bx2)(i) and (ii) remain the same, and should be incorporated in Condition (B).
Second, we request an extension of time for a five-year period beg nning on the effective
date of the amendin; ordinance to comply with the requirements of Condition (A)(1) of
Ordinance No. 95-70, which requires proof of an adequate water source for the dcvclvpmrnL.
Itti
JHN-2y-y6 1HU 11;36 BLACK KONISHI NISHIMURA FAX NO. 808906788 P.03/08
Ms. Virginia Goldstein
November 17. 1997
Pagc 2
Third, we request that the time period to comply with the requirements of Condition (C),
regarding the submission of plans for the proposed subdivision of the first increment of the
development, be extended from three years to five years after compliance with the requirements
of Condition (B).
As you may know, Bob Lee of R. M. Towill's Kona office has been working on the Koa
road survey since August, 1995. Additionally, since February, 1997 Mr. Mike Robinson has
been developing a forest management plan as required by the ordinance. We have started
reforestation. As of this date we have planted approximately 75,000 trees, mostly koa, but also
sandlewood, pheasant wood, mamaue, Australian toon, and Queensland marble.
As discussed in previous correspondence, the depressed economy and budgetary
constraints have prevented KDC from proceeding within the current time fitames. If you have
any questions or need additional information , please feel free to call me at 961-6006.
yAc;y Truly Yours
Robert E. Bethea
REB/wlb
Encl.
cc: Sachi Noma
Al Inoue
JHn-ZU-db 1HU 11:3( BLACK KONISHI NISHIMURA FAi; NO. 8089Rg6788 P.04/08
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 95-70 WHICH CHANGED THL DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la), (A-3a),
(A-200a), (A-255a) AND (A-900a) AT K.EALAKEKUA, KILOA, WAPUNAULA, KALAMA,
KUMU AND KALMAKOWALI, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY
8-2-12:12 AND A PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF TEE COUNTY OF HAWAII:
SECTION 1. Ordinancc No. 95-70 is amended as follows:
"SECTION 2. These changes in district classification is conditioned upon the following:
(B) the effective date of the change of zone shall be when the applicant provides
assurance 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/have been established within [two] Avg years from the effective date of this
ordinance amending Ordinance No. 95-70; provided that a maximum one year
extension may be granted by the Planning Director with reasonable and sufficient
justification.[; and
(2) an agreement together with the appropriate bond, surety or other security
JH1'-Cy-Jb 1HU 11:31 BLACK KONISHI NISHIMURA FAX NO. 8089Rg6788 P,05/08
deemed acceptable by the Planning Director, is executed between the
applicant and the County through its Departments of Water Supply and
Planning for the actual development of proven source and its water
transmission and distribution system to County Dedicable Standards
within one year from the official date of compliance with condition 13(1);
provided that a one year extension may be granted by the Planning
Director with reasonable and sufficient justification.] [Such] 22M water
system that will be devetoped shall be in accordance with the requirements
of the Rules and Regulations and the Water System Standards of the -
Department of Water Supply and shall provide sufficient water capacity
and pressure for:
([i]D domestic purposes for approximately 70 lots makai (west)
of the subject property and located within current Tax Map
Key Plat 8-2-001; and
([ii]Z) fire protection purposes with fire hydrants along Koa Road
and Greenwell Mountain Road meeting with the approval
of the fire department;
(C) Upon compliance with Condition B[(1) and B(2)], the subject property shall
be developed in two increments. The first increment shall be comprised of a
maximum of 300 lots zoned A-la and A-3a. The second increment shall be
comprised of the remaining maximum balance of 202 lots. The plans for the
2
~Hta-zy-y8 IHU 11:38 BLACK KONISHI NISHIMURA FAX NO. 8089pg6788 P.06/08
proposed subdivision of the first increment shall be submitted to the Planning
Director within [three (3)] five (5) years from the effective date of the rezoning as
determined in Condition B as set out above, Subdivision plans for the second
increment may be submitted to the Planning Director only after a South Kona
Mamalahoa Highway Bypass road has been fully constructed in its entirety
between the approximate vicinity of Keauhou and Captain Cook;
(Y) an extension of time for the performance of conditions within the ordinance, with
the exception of Condition [C]-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) the granting of the time extension would not be contrary to the original
reasons for granting the change of zone;
(4) the time extension granted shall be for a period not to exceed the period
3
JHfl-Za-aH 1HU 11:39 BLACK KONISHI NISHIMURA FAX NO. 8089pa6788 P,07/08
9
originally granted for performance (i.e., a condition to bo performed
within one year may be extended for up to one additional year); and
(5) should the Applicant require an additional extension of time, the Planning
Director shall submit the Applicants request to the County Council for
appropriaw action.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATE:
4
jAlJ-29-98 THU 11,39 BLACK KONISHI NISHIMURA FAX NO. 8089PQ6788 P.08/08
Due to the large size of the map for Bill 225, and its accompanying drafts, it is not a pan
of the copies, but is on file at the County Clerk's Office and available for viewing upon request.
COUNTY CLERK
OFFICE OF THE COUNTY CLL,.K
County of Hawaii
Hilo Hawaii
(DRAM )isi L
ROLL CALL VOTE
, . , AYES NOES ABS EX
Introduced By: Elroy T.L. OSOrio Arakaki X
Date Introduced: May 7
May 3, , 1995 Bonk-Abramson X
First Reading: y Childs X
Published: N/A
De Luna X
REMARKS: Domino X
Osorio X
Rath X
Ray X
Smith x
1 1 1
DRAFT 4
ROLL CALL VOTE
Second Reading: May 17, 1995 AYES NOES ABS EX
To Mayor. May 18 , 1995
May 24, 1995 A`aj 1" X
Returned:
Effective: May 23, 1995 Bonk-Abramwn X
Published May 31, 1995 Childs X
De Lima X
REMARKS: Domino X
Osorio X
Rath X
Ray X
Smith X
1 1 J.
I DO HEREBY CERTIFY that the ore oin as adopted by the County Council and published as
indicated above APPROVED as to
FOP and Fu 11 pr I /~-~'Y
flAt l
COUNTY Of HAWAII
CORPORATION COUNSEL :&OUNTYCLERK
Dote Z Approved/9is-"P-vwi this day
of > .I9
a 1 LL
MAXO, CCOLINTY OF All Bill No.: 225 (Draft 4
Reference: C-962/1994/PC-43 U5 70
Ord No.:
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO 343 96
RELATING TO THE CLARIFICATION OF THE WATER CONDITION IN CHANGE OF
ZONE ORDINANCES
WHEREAS, a number of zoning ordinances were approved with the effective date of
zoning contingent upon the following or very similar requirements:
"(1) when the applicant provides assurance 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 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 from the official date of compliance with Condition-(I);
provided that a one-year extension may be granted by the Planning Director with
reasonable and sufficient justification"; and
WHEREAS, the following ordinances were adopted containing these provisions:
Ordinance No. 92-40 (Kohala Joint Venture), Ordinance No. 92-65 (Parker Ranch), Ordinance
No. 93-01 (Puako Hawaii Properties), Ordinance Nos. 93-26 and 94-34 (Gamrex), Ordinance No.
93-45 (Nansay Hawaii), Ordinance No. 93-66 (Liliokalani Trust), Ordinance No.93-109
(Chalon), Ordinance No. 94-20 (Nansay Hawaii-Ouli), Ordinance No. 94-78 (Spear
Development), Ordinance No. 95-70 (Kealakekua Development), and perhaps others; and
WHEREAS, such provisions were intended to ensure, prior to the vesting of a new zone
district designation, the:
(1) existence of a reliable, sufficient source of water for the proposed uses; and
(2) development of such water source and any transmission and distribution system
necessary to supply such water to the subject property for the uses allowed in the
new zone district; and E X H 18
r~•
WHEREAS, the council finds that in those instances where the required source of water--
is proven to be located within the property which is the subject of such zoning ordinance, the
ordinance requirement of executing an agreement between the applicant and the county to ensure
the development of the water transmission and distribution system to such property is rendered
moot, as no transmission and distribution system is needed to provide the required water to the
subject property; and
WHEREAS, the Planning Director has requested such clarification regarding the intent of
the above cited requirement when applied to the development and supply of a water source
within the property subject to the change of zone ordinance; and
WHEREAS, the council recognizes that it may be appropriate to clarify and aff= that
the above cited requirements were not intended and do not apply as to the assurance of a water
transmission and distribution system in those instances where the water source is proven within
the applicant's subject property.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the requirement for an agreement between the applicant and the County ensuring
the development of water transmission and distribution system was not intended to apply and
does not apply in the above-cited ordinances and in ordinances containing similar provisions
when the established water source is located within the property subject to such change of zone
ordinance, except where such ordinance may explicitly provide otherwise.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of
this resolution to the Honorable Stephen K. Yamashiro, Mayor of Hawaii County, Kevin M.
Balog, Planning Commission Chairman, Virginia Goldstein, Planning Director, Richard
Wurdeman, Corporation Counsel, and Milton Pavao, Department of Water Supply Manager.
Dated: Hilo, Hawaii, this 3rd day of July 1 1996.
INTRODUCED BY:
COUNCIL ME R, CO OF HAWAII
ROLL CALL VOTE
COUNTY COUNCIL AYES NOES ABS ix
County of Hawaii
Hilo, Hawaii
Arakaki X
Bonk-Abramson X
I hereby certify that the foregoing RESOLUTION was by the Civids X
• indicated to the right hereof adopted by the COUNCIL of De Lima X
Oscrio mingo X X
L :ounty of Hawaii on July 3, 1996 Do
Rath X
ATTEST: Ray X
Smith x
7 2 0 0
/ _ _ C-1197.01 PC-130
Z. I
BETHEA, BLACK., NISEIIMURA Sz LEITHEAD
A'I romEYS AT LAw
688 KINOOLE STREET. SUrE 210
HILO. HAWAII 96720
TEu_-Horlr (806) 961-6006
ROBERT E. BE H A
RALPH D. BLACK FnrsLU;t
Dl:NNIS D. NISI-MMURA (808) 969.673S
,t SCOTT LEITHFAD
November 17, 1997
Ms. Vir¢inia Goldstein
Planning Director
County of Hawaii
25 Aupuni Street
Hilo. Hawaii 96720
Re: Request for Amendments to ordinance No. 95-70
Kcalakekua Development Corporation
TMK Nos: (3)8-2-12:12 and portion of 1
Dear Ms. Goldstein-
I am writing this letter on behalf of Kealakekua Development Corporation (KDC), the
owner of the above-referenced property. Enclosed is a proposed ordinance which, if adopted,
will amend Ordinance No. 95-70 to accomplish what is requested in this letter.
First, as we have discussed, we are requesting the correction of a typographical error in
Condition (Y) of the above-referenced ordinance. The reference to Condition C in Condition (1)
should be to Condition (B). As you :rill note, Condition (B) specifically grants time extension
authority to the Director, and it was not intended that the Director have some additional
extension authority applicable to Condition (B). The intention was that the Director have
discretion to extend the time limit in Condition (C). For example, see Ordinance No. 94-78,
where under the same circumstances, the reference is made correctly to Condition (B). Also, as a
housekeeping matter, we request that the amending ordinance confirm the intent of Councii
Resolution 343-96 by deleting that portion of Condition (B)(2) which concerns bonding.
Condition (Bx2)(i) aid (ii) remain the same, and should be incorporated in Condition (B).
Second, we request an extension of time for a five-year period beginning on the effective
date of the amending ordinance to comply with the requirements of Condition (B)(1) of
Ordinance No. 95-70, which requites proof of an adequate water solace for the dcvciupmrra.
EXHIBIT
Ms. Virginia Goldstein
November 17, 1997
Page 2
Third, we request that the time period to comply with the requirements of Condition (C),
regarding the submission of plans for the proposed subdivision of the first increment of the
development, be extended from three years to five years after compliance with the rcquir=cnts
of Condition (B).
As you may know, Bob Lee of P. M. Towill's Kona office has been working on the Koa
road survey since August, 1995. Additionally, since February, 1997 Mr. Mike Robinson has
been developing a forest managemcat plan as required by the ordinance. We have started
reforestation As of this date we have planted approximately 75,000 trees, mostly koa, but also
sandlewood, pheasant wood, mamane, Australian toon, and Queensland marble.
As discussed in previous correspondence, the depressed economy and budgetary
constraints have prevented KDC from proceeding within the current time flames. If you have
any questions or need additional information. please feel free to call me at 961-6006.
`lety Truly Yours
Robert E. Bethea
REB/wlb
Encl.
cc: Sachi Noma
Al Inoue
COUNTY OF HAW An STATE OF H.AW AR
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 95-70 WHICH CHANGED THE DISTRICT
CLASSIFICATION FROM AGRICULTCIRAL (A-20a) TO AGRICULTURAL (A-la), (A-3 a),
(A-200a), (A-255a) AND (A-800a) AT KEA eKFKUA, KILOA, WAPUNAULA, KAL.AMA,
KUMU AND KALMAKOWALI, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY
8-2-12:12 AND A PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 95-70 is amended as follows:
"SECTION 2. These changes in district classification is conditioned upon the following:
(B) the erTective date of the change of zone shall be when the applicant provides
assurance satisfactory to the Departments of Water Supply and Planning, upon
consultation with the State Department of Health and the Department of Land and
Natural R=urces, that a water source(s) of sufficicnt quality and q-=tity
has/have been established within (two] ve years from the effective date of this
ordinance amending Ordinance No. 95-70; provided that a maximum one year
extension may be granted by the Planning Director with reasonable and sufficient
justification,[; and
(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 through its Departments of Water Supply and
Planning for the actual development of proven source and its water
transmission and distribution system to County Dedicable Standards
within one year from the official date of compliance with condition B(1);
provided that a one year extension may be panted by the Planning
Director with reasonable and sufficient justification.] [Such] ]]it water
system that will be developed shall be in accordance with the requirements
of the Rules and Regulations and the Water System Standards of the -
Department of Water Supply and shall provide sufficient Ovate: capacity
and pressure for:
((]J domestic purposes for approximately 70 lots makai (west)
of the subject property and located within current Tax Map
Key Plat 8-2-001; and
([HQ fire protection purposes with fire hydrants along Koa Road
and Grtonwell Mountain Road meeting with the approval
of the fire department;
(C) Upon compliance with Condition B[(1) and B(2)], the subject property shall
be developed in two increments. The first increment shall be comprised of a
ma-imum of 300 lots zoned A-1a and A-3a. The second increment shall be
comprised of the remaining maximum balance of 202 lots. The plans for the
2
proposed subdivision of the first increment shall be submitted to the Planning
Director within [three (3)] five years from the effective daze of the rczonane as
determined in Condition B as set out above. Subdivision plans for the second
increment may be submitted to the Planning Director only after a South Kona
Mamalahoa Highway Bypass road has been fully constructed in its entirety
between the approximate vicinity of Keauhou and Captain Cook;
(1') an extension of time for the performance of conditions within the ordinance, with
the exception of Condition (CL B-, may be gamed by the Planning Director upbn
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 assi-s,
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) the granting of the time extension would not be contrary to the original
reasons for Granting the change of zone;
(4) the time extension granted shall be for a period not to exceed the period
3
orizinnally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year); and
(S) 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.
INTRODUCED BY:
COUNCIL MEIMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATE:
4
MAR
Due to the large size of the map for Bill 225, and its accompanying drafts, it is not a par,
of the copies, but is on file at the County Clerk's Office and available for viewing upon request
COUNTY CLERK
F. SUGAI
'egendary Kona Coffee P.O. Box 783
Kealakekua, Hawaii 96750
(808) 322-2958
FAX(808)322-4008
March 9, 1998
Planning Commission
25 Aupuni St.
Hilo, HI 96720
Dear Sirs:
Kealakekua Development Corporation Zoning Approval Request
I understand that Kealakekua Development Corporation's zoning approval will be
expiring this May. I strongly support KDC's request for a 5-year extention from you.
Your positive consideration will be greatly appreciated by KDC as well as the people
of Kona.
(Sincerely,,
Fusao Sugai•
EXHIBIT
~D
\ JCC&I Japanese Chamber of Commerce & Industry of Hawaii
March 20, 1998
Honorable Kevin M. Balog
Chairman
Hawaii Planning Commission
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Balog:
Subject: Extension of Time for Kealakekua Development Corporation
Ordinance 95-70 (REZ 798)
The three hundred members of the Japanese Chamber of Commerce and Industry of
Hawaii would like to go on record to reiterate our continued support for Kealakekua
Development Corporation's Kealakekua Ranch Lands master planned project. As with
other well-planned developments, the recent changes in the economies of many Asian
countries have led to curtailed investments and stalled projects in Hawaii. Because of these
events which are beyond the Developer's control, we ask that a five-year extension be
granted with hopes that our island economy will begin to rebound and that Kealakekua
Development Corporation's dreams can become more of a reality.
Thank you very much for your consideration of this project.
Sincerely,
Tom Goya
President
cc: Kealakekua Development Corporation
EXHIBI1
I' 4
Waiakea Villas • 400 Hualani Street, Suite 20B • Hilo, Hawaii 96720
Phone: (808) 934-0177 • Fax: (808) 934-0178 C'.61!31
ELAWAII OPERATING ENGINEERS
INDUSTRY STABILIZATION FUND
RED S. NAKAKURA DON DOSER
so ce Adt,sol Bustness ,Manager
Nakakura Construction Co., Ltd. I.oeal_4:3
\LARVIN KOGA JERRY BENNETT
President President
Mega Construction, Inc. Local a3
RON OSHIRO PAT O'CONNELL
President Vice President
Ron 's Construction Un i t t ng our st ren odi s and itrorh i n., togct h cr Alternate Trustee
ALVIN KOBAYASHI for a better tontorrou' Local M3
president & COO March 25, 1998 ADRIAN KEGHOKALOLE
Oahu Construction, Ltd. Dutrtd Repre,,ructioe
Laval M3
-A trust formed w
advance the concerns WILLY CROZIER
of over 3.000 employees Admiwtrator
represented by Mr. Kevin M. Balog, Chairman
Operating Engineers DONALD MEDEIROS
Local Union No. 3 Hawaii Planning Commission Co.uirucnon Resource
and over 300 employers 25 Aupuni Street specialist
represented by the BERNARD JELF
General Contractors Hilo, HI 96720 Construction Resource
Labor Association and
Specialist
the Building Industry
Association of Hawaii' PERRY ARTATES
Corintruction Resource
Specialist
Re: Extension of Time for Kealakekua Development Corp.
Ordinance 95-70 (REZ 798)
Dear Mr. Balog,
The Hawaii Operating Engineers Industry Stabilization Fund (HOEISF) is a
joint Labor and Management organization representing approximately three
thousand members in Hawaii's heavy construction industry and
approximately three hundred employers.
At this time, HOEISF would like to pledge our continued support for the
Kealakekua Development Corporation's Kealakekua Ranch Lands project.
We ask that you, also support and grant a five-year extension to the
developers of this project. The recent lull in the economic climate of
Hawaii has hindered and stalled many projects in our State. Because these
events are beyond the developer's control, we believe that granting an
extension will aid the Developer in the hopes that our state's economy will
begin to recover and that this project, which will benefit many citizens of
our State, may become a reality.
Thank you for your time and attention to this matter. For I am
Sincerely Yours,
EXHIBIT
Willy Crozier
Administrator
1e..aY.awafl.ee,a-It
1432 Middle Street • Honolulu, Hawaii 96819
Phone: (808) 845.6221 /847-2105 • Fax: (808) 847.8048
ipz~ Hawaii Island
- Chamber of Commerce
Established m 1898 • 202 Kamehameha Ave. • Hilo. Hawaii 96720 • Phone (808) 935-7178 • Fax (808) 9614435
- email: hicceinterpac.net
March 30, 1998
Mr. Kevin Balog, Chairman
Hawaii Planning Commission
25 Aupuni Street
Hilo, HI 96720
Extension of Time for Kealakekua Development Corporation (KDC), Ordinance 95-70
Dear Mr. Balog,
The Hawaii Island Chamber of Commerce urges your support for Kealakekua Development's request
for a time extension. As we are sure you are aware, this is a very difficult financial market to
generate new capitol investment for real estate projects. The Japanese financial markets are
particularly problematic and they have a significant impact on KDC's ability to proceed at this time.
It is our belief that the economy of Hawaii will turn the corner as we enter the new millennium. We
believe that KDC's project is an appropriate use of their remote mauka lands and that they have
proven to be an active contributor to the community, even in their down periods. KDC's
reforestation efforts and general land management practices have shown their ongoing sensitivity
to the land they own and we encourage the Planning Commission to approve their request for time
extension.
Thank you for the opportunity to comment.
Sincerely,
Jeffrey Melrose
-P esident
cc: Sachi Noma
Carol Van Camp
EXHIBIT
F~
G3i;::6
Affiliated with the Chamber of Commerce of the United States
Roland Crisafi
P.O. Box 3
Captain Cook, HI 96704
Telephone: 328-2626
March 19, 1998
Honorable Kevin M. Balog, Chairman
Planning Commission
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Kealakekua Development Corporation
Kealakekua Ranch Lands
Change of Zone 02dinance No. 95-70 (REZ 798)
Dear Chairman Balog:
I have lived in the Captain Cook mauka area since 1948.
At that time, our road consisted of two (2) 20" paved portions I called them tire tracks.
Now, here we have a group of interested people who will try to get us water, and decent paved
roads. During this process they will create much needed employment.
During the past 50 years, we've had new comers move into the area and all of a sudden they
know what is best for our community. Incidentally it is the same throughout the state, since we
became a state.
Everybody knows what is good for the community so they complain and what happens, a project
that would bring employment to the community is put on hold.
I, some time ago, attended a public hearing and a haole got up and complained that the project
would spoil the community. He proposed 60' roads, side walks, and other proposals. When
asked did he live in the area he said "no" he lived 20 miles away in Kalaoa. When asked would
he be using the area he said "no" he had no need to. My argument then is whey the hell did he
get up to complain.
If you contact the community you will find most of the complainers are haole.
My feeling are, let the project be created it will benefit us all.
Respectfully, _ EXHIBIT
R Crisafi P.S. Incidentally, I'm a haole, my feelings are with the Hawaiians.
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EXHIBIT -3 e z _ rf
Minoru Inaba
P.O. Box 233
Kealakekua, HI 96750
Telephone: 323-3669
March 19, 1998
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Kealakekua Development Corporation
Kealakekua Ranch Lands
Change of Zone Ordinance NO. 95-70 (REZ 798)
Dear Commissioners:
The Kealakekua Development Corporation (KDC) is requesting a five year.
extension of your zoning approval for their project in Kona.
The deteriorating economy in Japan has affected KDC's parent company to
finance the Kona project. Should the five year extension of the project be denied the
project may be lost forever. Should the extension be approved there is a definite
possibility that KDC's mother company in Japan will be able to finance the project as the
economy improves.
Please grant KDC's request for the extension.
Thank you very much.
Respectfully yours,
Minoru Inaba
EXHIBIT
2.dr
Mr. Kevin Balog
Chairperson: Hawaii Planning Commission
25 Aupuni St.
Hilo, Hi 96720
April 5, 1998
To: Honorable Kevin Balog, Chairperson
From: Chris .anson, Hualala'Flower Farm
Re: Kealakekua Development Corp. REZ-789, Ordinance 95-70
Through my farming associations, I have come to know Kealakekua Development
Corporation. KDC has a proven track record of solid community relations in
Kona.
KDC is currently requesting an extension on their current zoning approval. Please
grant this extension:
An extension shows an enlightened economic attitude by the County of
Hawaii. The development process is costly and these costs are ultimately
passed on to the consumer. Repeating the process will incur more costs.
Japan's economy is deteriorating through poor performance in other Asian
investments. An extension will assist this project to stay afloat.
Kona needs positive development like KDC. An extension will show our
island's pro business attitude.
EXHIBIT
31-1
c
Av.
March 20, 1998
Honorable Kevin M. Balog, Chairman
Planning Commission
25 Aupuni Street
Hilo, Hawaii 96720
Re: Kealakekua Development Corporation
Kealakekua Ranch Lands
Change of Zone No. (REZ 798) Ordinance No. 95-70
County Planning Committee
Honorable Chairman Kevin Balog:
My name is Lily Kong.
Born in Keauhou Kona, this has always been my home. I am writing to you, again, in support of
KDC's project. In the past I have testified on behalf of KDC.
KDC plans to build drainage improvements exceeding the county's requirements. This will
reduce the volume of run-off from its property.
I would like to make a point, I think a lot of people have over looked, the Kealakekua Ranch
shopping area. I wonder how many of our people have ever thought of how much water the shopping
center holds and its nut-off. We now have another building above that and that holds a lot of water too.
I just thought that I would like to pin point some areas to look at and not just blame KDC's project.
I see our people in the State of Hawaii today have the Western Way, they are like LEECHES.
They pray on what others have. I don't see why the County and State didn't have a Master Plan done for
all the Islands a long time ago. Then people would know ahead of time how one should do its planning.
I sympathize with land owners who develop their property today. I myself have problems with
the new building code.
Anyway, with so many people out of work, KDC's project when completed would elevate some
family's hardships and make a dream come true.
I know KDC has done reforestation with our students at Konawaena High School. I have not
heard of any other developer doing the same.
I hope and pray that you grant KDC their extension for the change of zone.
I thank you for your time and attention.
kdy K. g Kong
78-6799 Mamalahoa Hwy.
Holualoa, HI 96725
EXHIBIT
G3,t.. ; 3
LARRY JOSE
P.O. BOX 765
HOLUALOA, HAWAII 96725
HONORABLE KEVIN M. BALOG, CHAIRMAN April 3, 1998
PLANNING COMMISSION
25 AUPUNI STREET
HILO, HAWAII 96720
RE: KEALAKEKUA DEVELOPMENT CORPORATION
KEALAKEKUA RANCH LANDS
CHANGE OF ZONE NO. 798, ORDINANCE NO. 95-70
Dear Chairman Balog:
My name is Larry Jose and I was born and raised in Kona.
I became interested after hearing of Kealakekua Development Corporation's
(KDC) intentions and was invited to review their proposed plan. I like KDC's proactive
sensitivity to the environment (reforestation) and their plan to preserve and enhance the
forest. Their planned ag park also interests me because I am a farmer.
Thank you for taking the time to read my letter, and I hope that you will grant
KDC request for an extension for their change of zone.
Sincerely yours,
Larry Jose
tw_
EXHIBIT
'M`
4
t
Skip Cowell
Kowali Farm
P.O. Box 783
Capt. Cook, HI 96704
Honorable Kevin M. Balog, Chairman
Planning Commission
25 Aupuni Street
Hilo, Hawaii 96720
April 2, 1998
Re: Kealakekua Development Corporation
Kealakekua Ranch Lands
Change of Zone No. (REZ 798) Ordinance No. 95-70
Dear Mr. Balog:
I am a resident of Capt. Cook. My wife and I own a 15 acre farm in the ahapuaa of
Kalamakowali, directly makai of the proposed development.
I have visited KDC's site numerous times with TREE (Tropical Reforestation &
Ecosystem Center). KDC has been working with TREE in educating youths about
protecting and enhancing the environment, reforestation and land stewardship. We
(TREE Center) have three established nature trails on KDC's property. A one mile Cub
Scout walk, a three mile Boy Scout/Intermediate School level nature walk and a tour
through the established reforestation area. These three nature trails are an excellent
example of KDC's land stewardship responsibility.
It is unfortunate that ranching is no longer economically feasible, and other uses must be
found for the land. However, I do feel that we cannot prohibit land owners from using
the land in the highest and best use within the confines of agricultural classification.
Please approve KDC's rezoning extension. Thank you.
Sincerely,
Skip Cowell
EXHIBIT
r"5
Marge Mulhall
78-7253 Puupele Road
Kailua-Kona, HI 96740
March 19, 1998
Honorable Kevin M. Balog, Chairman
Planning Commission
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Kealakekua Development Corporation
Kealakekua Ranch Lands
Change of Zone Ordinance No. 95-70 (REZ 798)
Dear Chairman Balog:
My name is Marge Mulhall. I have lived and worked in Kailua-Kona since 1961. I have seen
many, many changes-some for good and some that weren't.
This project planned by Kealakekua Development Corporation (KDC) requesting an extension
for their change of zone, will be a marvelous improvement for Mauka Kona. Reforestation has
already started with the cultivating of native trees by South Kona school children.
The large area reserved for local farmers with ample water for both the homes and the farming is
a major improvement over many other developments in the last thirty years. Besides the
individual farms, there will be areas organized for native research and experimentation to expand
the variety of crops that can be successfully grown in Kona. This well-planned use of mauka
lands, currently denuded by over-grazing, will encourage our young people to stay in Kona and
prosper while enjoying the many advantages of living in Paradise.
Besides many acres of agriculture, they are also planning a golf course in the cool of mauka. The
homes around it will enjoy the green beauty and use of the club house and pool. These facilities
will also be available to Kona residents.
All of these improvements will beautify the hillside, increase local farming opportunities and
crops, and create a prosperous mauka community.
This is a win-win situation which I sincerely request that you approve. This development will
benefit everyone in Kona and the Big Island.
Sincerel
Marge Mu all EXHIBIT
o O ,
Honorable Kevin M. Balog, Chairman
Planning Commission
25 Aupuni St.
Hilo, HI 96720
March 31, 1998
Re. Kealakekua Development Corporation's Time Extension (REZ 798, Ord. 95-70)
Dear Chairman Balog,
I have supported KDC in the past and I would request your approval for their time
extension.
Thank you.
f~
oshitaka Takashiba
82-6118 Napoopoo Rd.
Captain Cook, HI 96704
EXHIBIT
March 19, 1998
TO: Honorable Kevin M. Balog
Planning Committee
25 Aupuni Street
Hilo, HI 96720
RE: KEALAKEKUA DEVELOPMENT CORPORATION
KEALAKEKUA RANCH LANDS PROJECT
Change of Zone, Ordinance No. 95-70 (REZ 798)
My name is Morris Kimura and I have been a life-long resident of Kona. Over
the years I have seen Kona grow and change with a variety of development projects. In
the last few years, I have followed Kealakekua Development Corporation's plans for the
development of the Kealakekua Ranch Lands that they have acquired. I have been
impressed by the manner in which they have planned for the entire parcel and their effort
in getting community input for their project.
They have set aside more than 75% of the property as a forest preserve and have
actually begun reforestation programs. I have seen areas planted in native koa trees and
other trees that would do well for the soil and climatic conditions. They have showed
that they are ecologically and environmentally sensitive in their approach to their
development project.
The Kealakekua Development Corporation will open affordable agricultural
parcels in an area suitable to a variety of agricultural endeavors. The golf course and
surrounding I acre lots will also provide an economic stimulus for the area.
For the above reasons, I strongly support Kealakekua Developments
Corporation's project.
Sincerely,
7
\lhit Ld/~
Morris Kimura
P.O. Box 345
Holualoa, HI 96725
EXHIBIT
Mr. Byron Pea
n.O. Box 30'7
Kaiiua-Kona, HI 96740
April',, 1995
Honorable Kevin A. Balog, Chairman
Planning Conunission
23 Aupuni Street
Hilo, HI 96720
Re: Kealakckua Development Corporation
Kealakekua Ranch Lands
Change of Zone No. 798, Ordinance No. 95-70
Dear Chairman Balog:
I have been a resident of the Big Isiard all my life.
Kealakekua Development Corporacon is very proactive th reforestation and
environmentally sensitive. I have seen their project and find it to be well thought oat.
'When their project is finally put into action it Swill provide much needed jobs for the
community.
Please approve their extension. Thank you.
Sincerely,
Byron Pea
EXHIBIT
`r
t ~tit%`YC7
KONA _ KOHALA
CNAMBER
Of COMMERCE
I
April 17, 1998
The Honorable Kevin M. Balog, Chair
HAWAII COUNTY PLANNING COMMISSION
Hawaii County Planning Department
25 Aupuni Street
Hilo HI 96720
The Honorable James Y. Arakaki, Chair
HAWAII COUNY COUNCIL
25Aupum Street
Hilo, HI 96720
Dear Commissioners, and Council Members:
The Kona-Kohala Chamber of Commerce is supportive of an extension for the project
plans for the Kealakekua Development Corporation. We understand that the corporation
is asking for a five-year extension.
The economy in Japan continues to deteriorate and may even erode further. This
company is in no position, at this time, to implement their current plans, even though they
may want to. The Kealakekua Ranch Lands plan was approved in 1995 and it would
certainly seem to be in the best interest of the Big Island, to allow this extension.
We encourage your favorable consideration-
incerely yours,
Maori Herkes, President
Kona-Kohala Chamber of Commerce
Cc: KKCC Board of Directors h
'.'G at'- mtg by
fd _ Read „
Fyt,r Copy
75-5737 KUAKINI HWY., SUITE 207, KAILUA-KONA, HI 96740 (808) 329-1758 FAX (808) 329-8564
uI.1I.98 08:27 FA1 8, 89 3434 KITOSAKI TRACT 001
H I CA HAWAII ISLAND CONTRACTORS' ASSOCIATION
494 C KALANIKOA STREET . HILO. HAWAII 96720 • PHONE (808) 935-1316 FAX (808) 934-7779
April 12, 1998
Honorable Kevin M. Balog
Chairman
Hawaii Planning Commission
25 Aupuni Street
Hilo, HI 96720
SUBJECT: EXTENSION OF TIME FOR THE KEALARERVA DEVELOPMENT
CORPORATION, ORDINANCE 95-70(REZ 798)
Chairman Balog:
I an Ken Kiyosaki, the President of the Hawaii Island Contractors'
Association, a Big Island construction organization with some 260
members.
our organization would like to ask your consideration in favor of
granting the Kealakekua Development Corporation's Kealakekua Ranch
Master Plan with a five-year extension. This extension would
enable Kealakekua Development Corporation the needed time to
correct unforeseen circumstances that have affected their
operations.
Thank you for your time in consideration of this request.
sincerely,
Ken Kiyo7aki--President
Hawaii Island Contractors' Association
cc: Kealakekua Development corporation
2c'd s
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1 r 4 ?
~
HAWAII
ISLAND
V~kt btk Economic
0 Development
Board
April 1, 1998 East Haan9 - moo
200 Kana4ehm Ave.
SUM 103, Bois 261
The Hon. Kevin Balog Ph Hlb. H1 06720
(We) 886-5416117
Chairman Fax (009) 986-6792
Planning Commission Waat Kr"I-Kona
Rat Federal etdq.
Hawaii County 76-SM
25 Aupuni Street K ~ Hwy , x207
Hilo, Hawaii 96720 +996740
Ph: (608) 329-4713
Re: Kealakekua Development Corporation
Public Hearing April 17,1998 - Kona
Honorable Chair and Members of the Commission:
My name is Richard Henderson and I am President of the Hawaii Island
Economic Development Board. HIEDB has been involved in a number of
partnership initiatives related to economic development, focusing particularly on
agricultural revitalization and attraction of investment capital.
The following points were submitted at public hearings on this issue in May,
1994:
•We believe that the project developers have been diligent in designing an
innovative and culturally responsive project which fits the community vision for
agriculture, housing, and conservation, and is willing to commit substantial
private-sector capital towards implementing that vision.
• We believe that private-sector land stewards such as KDC must take responsive
leadership in implementing conservation, reforestation projects and agricultural
initiatives in concert with community and government agency guidelines for any
development project. The developer has worked closely with county, state and
community agencies in forming this project, and has made many required or
recommended changes to the plan.
Since the 1994 hearings and 1995 permit approvals, the Big Island has been
involved in agricultural transition efforts of almost 100,000 acres of former sugar
lands. While there are significant pocket successes in these initiatives, we
encourage partnerships projects like KD 's which combine traditional
development goals with innovative support for agriculture and agro-forestry. As
stated in 1994, we will continue to advocate projects which provide for
alternative, balanced land-use while maintaining a strong agricultural base.
We recognize that community infrastructure concerns must be addressed in any
final approval, and respectfully request your support for the partnership
opportunity that the Kealakekua Development Corporation has proposed, by
providing an extension as requested for their existing permits.
Thank you for the opportunity to submit these comments.
Yours sincerely,
Richard Henderson
President
cc: James Arakaki, Chairman, Hawaii County Council
March 1998
To. Honorable Kevin M. Bzlog, C hairman
Pianrung Corumission
25 Aupuni street
Hilo, HI 96720
Rc: Ke;ilacekua Developu.ent C;o:pora>.ion
Kealakektia Ranch Lands
Change of Zone No. (REZ 793) Ordinance No. 95-?0
hz,iiman Balog,
,I name is Mor.zs Nagata, I live on property adjoin g the p oposeo Kcaiakeku;=
Development Corporation project.
I have sLpportec, KDC in the pawt arid. i wish to see them gee their approval for their
zoning exter.sion.
Thank you for your supper,
Sincelely,
M1lorrt<. Nagata
P.O. Box 896
Capt. Cook, HI 96704
328-3050
1
T H 1 1 Y . 1 4 i_ + H F. i rr n i n Lr r= F' qi Y
b* MIRE WORALS
A - 15 - 1998
Kevin M. Balog
1 Planning Commission
25 Aupuni St
Flilo Hi 96720
Dear Kevin M. Balog,
I am writing today to express my support for an extension of the Kealakekiia
j Development Corporation project, i believe that one day most of the west
coast of our island will be developed one way or another. Kealakekua
Development Corp represents a developer who promotes planned gxoti+th
that addresses preserving the Big Island lifestyle, its culture and its
j rrtvirotnent, I feel this is a positive thing for our aina and our community
j Over the last five years I have personally seen KDC act with respect for ehe
comnnmity and take great care in their planning process. I trust that KDC:
will continue to be a responsible developer and fully support their
endeavors.
i
I
Ti ank you for your time.
' Sincerely
AM
l Nast-R`Fax N t~ ~ !
G -ant Miller
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April 13, 1998
Hownable Kevin M. Balog, C:hairzaan
Planrxuag Co=rtlsaion
25 Aupturi Strect
Hilo, HI 96720
Re: k:=1a ekua Mvelopmcm Cctponaticri
Kealakekua Ranch Lands
Changc orZoue No. 798, Ordimance NQ 95-70
Dcsr Ch3if=ait Balt?g'
From What i ba've seen going up to dteir prejcm this Proposed golf' cow-::e and
subdivi9iou would be a positive addition to our co=aunety.
Ylcaxc approve Kea7ak ekuz De~'elapment C nrporxtiors five ytar extr*uion.
Sincerely,
Benton You